Conditional Use PermitCity of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Whitefish Stage Development, LLC
236 Wisconsin Avenue
Whitefish, MT 59937
LEGAL DESCRIPTION: Assessor's Tract 2 in the northeast quarter of
Section 31, Township 29 North, Range 21 West,
P.M.M., Flathead County, Montana
ZONE: Low Density Residential Apartment, RA-1
The applicant has applied to the City of Kalispell for a
conditional use permit to allow for a 304-lot residential
condominium subdivision on approximately 38.4 acres. The applicants
are proposing a six phase, multi -family condominium project which
would include the construction of duplex, six-plex and nine-plex
units.
The Kalispell City -County Planning Board and Zoning Commission,
after due and proper notice, on October 9, 2001, held a public
hearing on the application, took public comment and recommended that
the application be approved subject to conditions.
After reviewing the application, the record, the TCPO report,
and after duly considering the matter, the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Tri-City Planning office, Conditional Use Report #KCU-01-5
as the Council's findings of fact, and issues and grants to the
above -described real property a conditional use permit to allow the
construction of a 304-lot residential subdivision in the RA-1 zoning
district subject to the following conditions:
1. Development of the subdivision shall be in substantial
compliance with the approved site plan and preliminary plat
which governs the number of dwellings within the subdivision,
common areas and roadways within the subdivision.
2. The location and number of multi -family units within the
development may be modified provided that the overall number
of units does not exceed 304 dwellings.
3. That the roadways serving the subdivision shall be constructed
in accordance with the adopted Design and Construction
Standards for the City of Kalispell for local roads and
include the pavement, curbs, gutters, storm drainage,
sidewalks and a minimum five foot landscape boulevard with
street trees placed in accordance with a plan approved by the
parks and recreation director. A letter from an engineer
licensed in the State of Montana certifying that the
improvements have been installed according to the required
specifications shall be submitted at the time of final plat
approval along with a letter from the Kalispell Public Works
Department stating that the required improvements have been
inspected and comply with the City standards.
4. That a Certificate of Subdivision Approval be obtained from
the Department of Environmental Quality and written approval
by the Kalispell Public Works Department approving the water
and sewage facilities for the subdivision.
S. A stormwater drainage plan which has been designed by an
engineer licensed in the State of Montana shall be prepared
which complies with the City's Design and Construction
Standards and shall be reviewed and approved by the Kalispell
Public Works Department.
6. That the developer shall obtain written approval for the
proposed approaches onto whitefish Stage Road by the Montana
Department of Transportation, Flathead County Road Department
and from the Kalispell Public Works Department for Granrud
Lane and any conditions or improvements associated with the
approvals be completed prior to final plat submittal.
7. The roads within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works
Department and the Uniform Traffic Control Devices Manual.
8. That an overall landscape plan for the site that incorporates
perimeter landscaping as well as street trees and landscaping
within the common area be submitted to the Kalispell Parks and
Recreation Department for review and approval.
9. The developer shall provide a plan for mail service approved
by the U.S. Postal Service.
10. Street lighting shall be located within the subdivision and
shall be shielded so that it does not intrude unnecessarily
onto adjoining properties.
11. All utilities shall be installed underground.
12. That the fire access and suppression system comply with the
Uniform Fire Code and a letter from the Kalispell Fire
Department approving the access and number and placement of
fire hydrants within the subdivision shall be submitted with
the final plat. The fire access and suppression system shall
be installed and approved by the f ire department prior to
final plat approval.
13. That a minimum of two-thirds of the necessary infrastructure
for this subdivision shall be completed prior to final plat
submittal.
14. That a homeowners association be established for the
maintenance of the common area based upon a pro-rata share of
costs.
15. All areas disturbed during development of the subdivision
shall be re -vegetated with a weed -free mix immediately after
development.
16. The developer shall upgrade Granrud Lane to City standards in
accordance with the City of Kalispell's Design and
Construction Standards for street width, curbs, gutters and
sidewalks within 24 months of final approval of Phase I, after
which time, if the developer is unable or unwilling to
complete the upgrades, a bond shall be posted in the amount
of 125 percent of the remaining improvements which are then to
be completed within 12 months.
17. That the developer shall obtain written permission from the
Village County Sewer District for use of its sewage collection
system or for expansion of the district boundaries; provided,
however, that any connection to or expansion of the Village
County Sewer District does not result in the extension of the
payoff of any bonded indebtedness.
18. That a letter be obtained from the Evergreen Water and Sewer
District stating that they have reviewed and approved the
plans and specifications for the new water facilities serving
the subdivision.
19. That the proposed common recreational facilities be accepted
by the City of Kalispell as satisfying the parkland dedication
requirements and that they shall be completed in Phase I of
the development.
20. The developer shall demonstrate that a document has been f iled
with the Flathead County Clerk and Recorder's Office
designating a ten foot right-of-way reserve along Whitefish
Stage Road for purposes for future acquisition prior to the
issuance of a building permit.
21. That the conditional use permit shall run concurrently with
the approved preliminary plat and the conditional use permit
shall not expire unless the preliminary plat approval also
expires.
Dated this Sth day of November, 2001.
Lom . E � B oharsYi .
Wm. E. Boharski
Mayor
STATE OF MONTANA
: ss
County of Flathead )
On this day of
_Zlt ---- ;� , 2001 before me, a Notary
Public, personally appeared Wm. E. Boharski, 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.
p, R 1,q Notary Public, State of Montana
Residing at Kalispell, Mgnt4na
My Commission Expires