Fortify Holdings/FairBridge Studios (Outlaw Inn Conv)Z
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Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903 I IIIIIIII II II I III IIIII IIIII IIIII Illll �llf �111�1111�11111�1(Il�f Ilnf ICI II f �f I>rl III
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Fees: $32.00
Debbie Pierson, Flathead County MT by SM 2/ Is/ 2022 2:29 PM
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Fortify Holdings, LLC
732 NW 19th Ave
Portland, OR 97209
LEGAL DESCRIPTION: Lot 2 of the Amended Plat of Lots 1 and 2 of the Amended Plat of
Lots 1-10, Block 2, Ryker Addition to Kalispell and Lot 3 of the
Amended Plat of Lots 1-10, Block 2, Ryker Addition to Kalispell,
excepting therefrom that portion deeded to the Montana Department
of Transportation in Bargain and Sale Deed recorded December 11,
2000, as Instrument No. 2000-346-08450, as well as Lot 1 of the
Amended Plat of Lots 1 and 2 of the Amended Plat of Lots 1-10,
Block 2, Ryker Addition to Kalispell, all according to the map or plat
thereof on file and of record in the office of the Clerk and Recorder of
Flathead County, Montana
ZONE:
B-2, General Business
The applicant has applied to the City of Kalispell for a conditional use permit to allow the
conversion of an existing hotel (Fairbridge Inn/Outlaw Convention Center) into a multi -family
residential dwelling containing up to 250 studio units as a conditionally permitted use on property
located at 1701 Highway 93 South within the B-2 (General Business) zone.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
January 11, 2022, held a public hearing on the application, took public comment and recommended
that the application be approved subject to 22 conditions.
After reviewing the application, the record, the Kalispell Planning Department report, and
after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell
Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-21-
12 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow the conversion of an existing hotel (Fairbridge Inn/Outlaw
Convention Center) into a multi -family residential dwelling containing up to 250 studio units as a
conditionally permitted use within the B-2 (General Business) zone, subject to the following
conditions:
1. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
2. That the development of the site shall be in substantial conformance with the submitted
application and architectural/site plan drawings.
3. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit for any new
construction, additions, or other work which substantially changes the exterior appearance of
the buildings.
4. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards,
as well as compliance with other site development standards, the development shall receive Site
Review Committee approval prior to issuance of the building permit.
5. The parking lot shall be improved to an acceptable level of maintenance, including, but not
necessarily limited to, repairing potholes, a new lift of asphalt/resurfacing, resealing, and
restriping. Final design shall be submitted as part of the building permit and site review
process.
6. To ensure the property is fully landscaped and is compatible with the surrounding
neighborhood, a landscape plan shall be submitted along with the building permit. The
landscape plan shall be in substantial compliance with the submitted application and approved
by the Parks and Recreation Director prior to issuance of the building permit.
7. A minimum of 500 square feet of land per unit which has recreational value as determined by
the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair
market value of 500 square feet of land, shall be provided.
8. The developer shall grant easements to the City for all public utility mains located on the
property, which include water, sanitary sewer, and storm sewer.
9. Any existing and proposed water services, meters, backflow prevention, and sewer services
shall meet current city standards and regulations.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements of
the City of Kalispell Construction and Design Standards, including, but not necessarily
limited to, addressing existing conditions related to the property along Third Avenue East
and any requirement for additional storm water treatment related to parking lot maintenance.
11. The developer shall obtain an encroachment permit for the existing private force storm water
main running from the north end of the property down Second Avenue East to approximately
13th Street East.
12. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department with approval prior to construction
of any new or changed water and/or sewer mains or services.
13. Prior to construction, the developer shall submit to the Kalispell Public Works Department
an erosion/sediment control plan for review and approval, as well as a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
14. An appropriate design to provide for emergency access from Second Avenue East/ I4'" Street
East shall be included as part of the final site design.
15. Through access on the private frontage road on the western portion of the property shall be
preserved and appropriate maintenance shall be completed as part of the site improvements.
16. Prior to issuance of a building permit, a Traffic Impact Study ("TIS") shall be prepared as
part of the project, to be reviewed and approved by the Public Works Department. All
recommendations in the TIS shall be implemented.
17. During the building permit and site review process, the final number of required parking
spaces will be determined. The minimum number of parking spaces shall be provided and a
final design for the parking lot shall be submitted for review and approval.
18. The development shall comply with the sign standards as set forth in Chapter 27.22 of the
Kalispell Zoning Ordinance. Freestanding signs which are non -conforming shall either be
brought into conformance or removed.
19. Additional fire hydrants shall be located as required by the Fire Chief. As part of the building
permit review, the Fire Chief will determine appropriate requirements under the fire code
addressing needed maintenance and building/fire code concerns. Fire sprinklers, alarms, and
notification systems (both new and upgrades to current code for areas with existing system
sprinklers/alarms/notification systems) will be required as part of the change of use and any
upgrades to the water system to provide adequate fire flow shall be provided by the applicant.
20. The garbage enclosures shall be sized and placed in a location acceptable to the Kalispell Public
Works Department.
21. The applicant shall install improvements on all portions of the property fronting a city street
(Third Avenue East and Second Avenue East/ I4th Street East) as detailed in the Standards for
Design and Construction. Improvements may include, but would not necessarily be limited to,
installation of curb, gutter, stone drains, sidewalk, landscape boulevard and streetlights. Utilities
in Third Avenue East that would conflict with the proposed sidewalk shall be moved to a
location which meets current city standards. Review of the improvements would occur during
the building permit and site review process.
22. Sidewalks connecting the front entrance of the buildings to the adjoining public sidewalks shall
be installed. The sidewalks shall not interfere with other site design requirements and shall be
elevated sidewalks where possible with appropriate ramps. When crossing through asphalt
areas, the paths shall be concrete to differentiate the path from the driving lanes.
Dated this 7th day of February, 2022.
Mark Johnson
Mayor
STATE OF MONTANA
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County of Flathead )
On this —7 day of i,-44.n4 , 2022 before me, a Notary Public, personally
appeared Mark Johnson, Mayor of the City of galispell, known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same on behalf
of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
p,IMEE BRUNCKHORST
NOTARY PUBLIC for the
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State of Montana
Residing at
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Lakeside, Montana
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