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DENIED - North Meadows Multi Family CUPReturn to: 9/2/2025 — DENIED - INCOMPATIBLE WITH Kalispell City Clerk ZONING PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Roger Foley 110 Many Lakes Drive Kalispell, MT 59901 LEGAL DESCRIPTION: A tract of land in the Northwest Quarter of the Northeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and as more particularly described on the attached Exhibit "A". ZONE: RA-1, Residential Apartment The applicant has applied to the City of Kalispell for a conditional use permit to allow a 99-unit multi -family residential development on the property in the RA-1 (Residential Apartment) zone located at 1859 South Meadows Drive. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 8, 2025, held a public hearing on the application, took public comment and was continued until August 12, 2025 in order for the applicant to provide additional information. At the August 12, 2025 meeting the Commission recommended that the application be approved subject to twenty-three (23) 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-25- 04 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow construction of a 99-unit multi -family residential development at 1859 South Meadows Drive in the RA-1 zoning district, subject to the following conditions: 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 and use of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Any future modifications to the site plan, including changes to access, building layout, or site circulation, shall be subject to review and approval by the City of Kalispell to ensure continued compliance with zoning, design, and safety standards. 4. The approach from the internal private drive onto South Meadows Drive shall be configured to restrict traffic movements as required for safety and shall include an extension into the development terminating in a permanent cul-de-sac. The specific design, including the cul- de-sac layout and access configuration, shall be subject to review and approval by the City and any applicable agencies prior to permit issuance. 5. Frontage improvements shall be required on South Meadows Drive and shall be constructed in accordance with Kalispell Standards for Design and Construction. Additional right-of-way dedication may be required for the required turnaround at the termination of the road improvements. 6. To ensure the traffic flow and access comply with the Kalispell Standards for Design and Construction, the development shall incorporate the recommendations from the Traffic Impact Study. Proposed installations shall be reviewed and approved by Public Works and installed prior to issuance of a building permit. 7. The developer shall submit to the Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the Kalispell Standards for Design and Construction. On -site stormwater development shall collect, treat, and detain flows from the extension of South Meadows Drive. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by the Kalispell Public Works Department prior to building permit issuance. 8. The developer shall obtain required stormwater permitting from the Kalispell Public Works Department and Montana Department of Environmental Quality as applicable for the project. Provide Kalispell Public Works a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. A construction storm water management plan shall be submitted and approved prior to the issuance of building permits to manage sediment and erosion during site disturbance. 9. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and Montana Department of Environmental Quality for concurrent review with approval required prior to construction. All city utility extensions and service connections shall be designed and constructed in accordance with the City of Kalispell Standards for Design and Construction. Any required off -site utility easements shall be secured and recorded prior to permit issuance. 10. Looping of the water main may be required. The developer shall provide a utility easement to the southeast corner of the development for future extension and connection, whether or not looping of the water main is required with the current project. 11. A letter from the Public Works Department shall be submitted to the Building Department stating that all new public infrastructure has been accepted by the City of Kalispell prior to issuance of a building permit. 12. Hydrant locations and any related water main extensions shall be subject to review and approval by the Fire and Public Works Departments. 13. Prior to construction, the applicant shall submit a building permit for review and approval by the city for the building and site development pursuant to standard building permit and site review processes. 14. Internal private drive aisles shall provide adequate access for residents, deliveries, and emergency vehicles, and shall be maintained to city -approved widths and surfacing standards. 15. Internal pedestrian sidewalks shall be installed throughout the site and connect to the public sidewalk along South Meadows Drive, providing safe and accessible circulation for residents. 16. Street names and unit addresses shall be coordinated with the Kalispell GIS Division and the Flathead County 911 Emergency Communications Center prior to the issuance of building permits. 17. All fencing, screening, and buffering within the site shall comply with the requirements of the Kalispell Zoning Ordinance (Chapter 27.34.050 and 27.33), including standards for height, materials, placement, and sight -line clearance. Fencing adjacent to Ashley Creek and other natural areas shall be designed and located so as not to impede wildlife movement or disturb existing riparian vegetation. Fencing and landscaping adjacent to the public right-of-way and abutting properties shall be installed to provide an effective visual and functional buffer, mitigate noise and lighting impacts, and maintain compatibility with the character and quality of the surrounding area. 18. Landscaping plans, including vegetative screening and buffering, shall be submitted with the building permit application and reviewed for compliance with the Kalispell Zoning Ordinance (Chapter 27.33). The plans shall demonstrate that landscaping will be installed in accordance with the city's standards for multi -family developments, including the use of site -appropriate trees, shrubs, and groundcover. Buffers shall be designed and located to screen buildings, parking areas, and service areas from adjacent properties and the public right-of-way, and shall utilize a mix of evergreen and deciduous species for year-round effectiveness. All landscaping and screening must be installed prior to the issuance of a certificate of occupancy and properly maintained throughout the life of the development. 19. All building pads and site improvements shall comply with the geotechnical setback recommendations identified in the submitted geotechnical report. 20. The riparian buffer adjacent to Ashley Creek shall remain in an undeveloped, vegetated condition to protect water quality, habitat, and bank stability. As shown on the submitted site plan, a minimum setback from the ordinary high-water mark of Ashley Creek shall be observed for all buildings and structures. This buffer area shall be designated as permanent open space, retained in its natural state, and protected from grading or development throughout the life of the project. 21. All exterior lighting shall comply with the requirements of the Kalispell Zoning Ordinance Chapter 27.26, including the use of down -shielded fixtures and prevention of off -site glare. 22. A fire truck turnaround or equivalent secondary access shall be constructed prior to vertical building construction and approved by the Fire Department. 23. Required recreational amenities and open space improvements shall be completed prior to the final Certificate of Occupancy for the final building, or phased with written city approval. Dated this 2nd day of September, 2025. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2025 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the City of Kalispell, 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. Notary Public, State of Montana EXHIBIT A A tract of land in the Northwest Quarter of the Northeast Quarter of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Beginning at the intersection of the westerly boundary of said Northwest Quarter of the Northeast Quarter with the centerline of Ashley Creek; thence southerly and along said westerly boundary a distance of 314 feet, more or less, to the southwest corner of said Northwest Quarter of the Northeast Quarter; thence easterly and along the south boundary a distance of 1342.71 feet, more or less, to the southeast corner; thence northerly and along the east boundary a distance of 550 feet to a point; thence westerly and parallel to the southerly boundary a distance of 195 feet, more or less, to the centerline of Ashley Creek; thence westerly and following the centerline of Ashley Creek to the point of beginning. EXCEPTING THEREFROM that portion described as follows: Commencing at the southeast corner of said Northwest Quarter of the Northeast Quarter, which point is also the True Point of Beginning; thence along the easterly boundary North 00°4'46" West a distance of 550 feet; thence South 89°54'50" West a distance of 94.40 feet; thence North 89°54'50" West a distance of 19 feet, more or less, to the centerline of Ashley Creek; thence southwesterly and following the centerline of Ashley Creek to a point which is 205 feet west of the easterly boundary; thence South 00°4'46" East a distance of 501 feet, more or less, to the southerly boundary; thence along said boundary North 88°22' East a distance of 205 feet to the point of beginning. AND EXCEPTING THEREFROM an 80-foot-wide public roadway known as South Meadows Drive.