Conditional Use Permit dated 12/11/9213
APPLICANT:
ADDRESS:
LEGAL DESCRIPTION:
KO
City of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
Cep ie1kiowe] QW41•Iki1 00tol►l. mull-0
Mitchell/Swoish Partnership
21883 East Shore Route
Bigfork, MT 59911
See Exhibit "A"
Mitchell/Swoish Partnership, a
joint venture composed of G.
Daniel Mitchell & James D.
Swoish
Urban Residential, R-3
Mitchell/Swoish Partnership, on the llth day of December,
1992, applied for a conditional use permit to the City of
Kalispell, under Section 27.34, Kalispell Zoning Ordinance, to
construct 32 cluster development dwellings on the above stated
parcel of property.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on the 12th day of
January, 1993, held a public hearing on the application. At the
public hearing a number of neighbors spoke in general support of
the project and one person spoke in opposition to the project. The
Flathead Regional Development Office presented a staff report. The
Planning Board discussed certain matters primarily revolving
around: 1) the desire to avoid extensive development and the
extension of water and sewer in the homeowners park because of poor
access and floodplain concerns and 2) the concern that the eastern
row of townhouse units encroached upon the steep easterly sloping
hillside, potentially causing erosion, excessive cutting and
filling and substantial concrete work to stabilize the hillside.
After the discussion the Planning Board adopted KUP-92-8A as the
findings of fact and recommended, unanimously, approval of the
application with three conditions.
After reviewing the application, the record, the FRDO report,
and after duly considering the matter the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts KUP-92-8A as its findings of fact and issues and grants to
the above -described real property a conditional use permit for the
construction of 32 cluster development dwellings subject to the
following conditions:
SECTION I.
1. Development shall be substantially in accord with the
plan titled "Preliminary Plat of Juniper Bend" as
prepared by Thomas, Dean and Hoskins, dated December,
1992, except as may be modified by conditions contained
herein.
2. All conditions of preliminary plat approval for the
Preliminary Plat of Juniper Bend shall by reference apply
to and be incorporated into the conditions of approval of
this Conditional Use Permit.
3. The Conditional Use Permit shall remain in force as long
as the preliminary and final plats for this development
remain in force. Said Conditional User Permit shall
lapse immediately upon termination, withdrawal or
expiration of the preliminary or final plat.
Dated this 16th day of
STATE OF MONTANA
ss
County of Flathead
February
, 1993.
Dougl s D. Rauthe, Mayor
On this — — day of February, 1993, before me, a Notary
Public, personally appeared Douglas D. Rauthe, 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 II -Land and affixed my
Notarial Seal, the day and year first above written.
0
i
V,
U l ( A A i i r
Notary PubLlic, State of Montana
Residing at Kalispell, Montana
My Commission Expires
9306011400
EXHIBIT "A"
Tract 1: A tract of land in Government Lot 12 of Section 6,
Township 28 North, Range 21 West, M.P.M., Flathead
County, Montana, described as follows:
A strip of land being 30 feet in width and bordering the O(A
northerly boundary line of Government Lot 12 and
commencing at the easterly boundary line of a County Road
and extending easterly to the centerline of the
Stillwater River.
Tract 2: A tract of land in Government Lot 12 and Government Lot
13 of Section 6, Township 28 North, Range 21 West,
M.P.M., Flathead County, Montana, described as follows:
Commencing at the Northwest corner of the Southeast
Quarter of said Section 6; thence
South 03°10'11" West and along the West boundary of
said Southeast Quarter a distance of 30.07 feet to
the True Point of Beginning of the Tract of land
herein described; thence
North 89°20'47" East a distance of 798.73 feet to a
point on the thread of the Stillwater River; thence
along said thread the following Eight (8) courses:
South 27°57'05" East a distance of 120.26 feet to a
point; thence
South 09°21'00" West a distance of 152.81 feet to a
point; thence
South 79'45'46" West a distance of 236.76 feet to a
point; thence
South 33'26'25" West a distance of 81.03 feet to a
point; thence
South 22'03'46" East a distance of 106.41 feet to a
point; thence
South 46'00'35" East a distance of 230.17 feet to a
point; thence
South 69°49'43" East a distance of 32.05 feet to a
point; thence
South 72'02'39" East a distance of 217.66 feet to a
point; thence leaving said thread
South 79°46'47" West a distance of 449.94 feet to a
point; thence
South 77'44'23" West a distance of 132.01 feet to a
point; thence
North 65°26'31" West a distance of 265.90 feet to a
point; thence
North 45°56'31" West a distance of 100.00 feet to a
point; thence
North 20'11'31" West a distance of 377.00 feet to a
point; thence
3
North 04'26131" West a distance of 150.00 feet to a
point; thence
North 09*03129" East a distance of 120.00 feet to a
point; thence
North 89°20'47" East a distance of 13.08 feet to the
point of beginning.
Tract 1 of Certificate of Survey No. 9888
STATE OF MONTANA,
ss
County of Flathead
Recorded at the request of
WC)this �_ day of _ at o'clock �`1 and recorded in
RECEPTION NO.
4