Conditional Use Permit dated 9/16/92City of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Mitchell/Swoish Partnership
ADDRESS: 21883 East Shore Route
Bigfork, MT 59911
LEGAL DESCRIPTION: See Exhibit "A"
OWNER: Mitchell/Swoish Partnership, a
joint venture composed of G.
Daniel Mitchell & James D.
Swoish
John Logan Rogers & Marybelle
Rogers, as joint tenants
ZONE: Urban Residential, R-3
Mitchell/Swoish Partnership, on the 16th day of September,
1992, applied for a conditional use permit to the City of
Kalispell, under Section 27.34, Kalispell Zoning Ordinance, to
construct 26 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 20th day of
October, 1992, 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 after discussing certain matters with
the applicant's representatives, by Motion, unanimously adopted
the findings -of -fact contained in the FRDO report, and
recommended to the City Council that Juniper Bend be granted a
conditional use permit with 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, issues and grants to the above -described real
property a conditional use permit for the construction of 26
cluster development dwellings subject to the following
conditions:
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SECTION I.
1. Development
plan titled
prepared by
1992, except
herein.
shall be substantially in accord with the
"Preliminary Plat of Juniper Bend" as
Thomas, Dean and Hoskins, dated September,
as may be modified by conditions contained
2. All water lines and sewer mains shall be built
according to plans and specifications approved by City
of Kalispell, Public Works Department. All sewer and
water extensions onto private property shall be placed
within suitable easements.
3. Grandview Lane shall be improved to City of Kalispell
standards for local streets and the final design of
said improvements shall meet with the approval of the
City's Public Works Director.
4. The applicant shall submit a detailed landscape and
fencing plan addressing treatment of the westerly edge
of the development adjacent to Grandview Drive and
Grandview Lane, the entryways to the development, and
the steep slopes leading to the Stillwater River.
5. The internal private road system shall be built to City
of Kalispell Standards and approved by the City's
Public Works Department. Maximum grade of said road
shall not exceed City design standards.
6. Placement of fire hydrants shall be approved by the
City of Kalispell Fire Department.
7. The Covenants shall be amended to indicate that the
cart path leading to the homeowners' recreation area is
not to be used by motorized vehicles, other than golf
carts and authorized maintenance vehicles. Appropriate
signage shall be installed at the top of the path.
8. The "homeowners' recreation area" shall contain no
habitable structures and no structures requiring
sanitary sewer service.
SECTION II.
The conditional use permit, herein granted, shall terminate
18 months from date of issuance if commencement of the
authorized activity has not begun.
K
Dated this 1- day of _ 1992.
Dougl s D. Rauthe, Mayor
STATE OF MONTANA )
ss
County of Flathead }
On this day of December, 1992, 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 hand and affixed
my Notarial Seal, the day and year first above written.
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires Id - IfV
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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 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 03010111" 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 89020'47" 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 27057'05" 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°45146" 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°00135" 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°02139" East a distance of 217.66 feet to a
point; thence leaving said thread
South 79046147" West a distance of 449.94 feet to a
point; thence
South 77°44123" West a distance of 132.01 feet to a
point; thence
North 65°2631" West a distance of 265.90 feet to a
point; thence
North 45°5631" 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
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North 04026'31" West a distance of 150.00 feet to a
point; thence
North 09°03'29" 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
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