CUP Silvers/Cottonwood 4-Unit TownhousesCity of Kalispell
P, O. Box 1997
V%Iknwll T%Anntana
GRANT OF CONDITIONAL USE
APPLICANT: Andy Silvers
PO Box 5181
Kalispell, MT 59903
LEGAL DESCRIPTION: Assessor's Tract 4C, Cottonwood Park Subdivision, located in
Section 2, Township 28 North, Range 22 West, P.M.M., Flathead
County, Montana
ZONE: Urban Single Family Residential, R-3
The applicant has applied to the City of Kalispell for a conditional use permit to convert four
single family lots to four two -unit townhouse lots in the Cottonwood Park Subdivision. Townhouses
are conditionally permitted in the R-3 zone subject to certain provisions, including density
limitations.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
May 10, 2005, held a public hearing on the application, took public comment and recommended that
the application be approved subject to certain conditions.
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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-05-5 as the Council's findings of
fact, and issues and grants to the above -described real property a conditional use permit to allow the
conversion of four single family lots to four two unit townhouse lots in the Cottonwood Park
Subdivision in an R-3, Urban Single Family Residential zoning district subject to the following
conditions:
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the preliminary plat as approved by the city council. (Kalispell Subdivision
Regulations, Appendix C ---- Final Plat).
2. That an amended preliminary plat be filed for the proposed eight townhouse lots. (Kalispell
Subdivision Regulations).
3. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
4. That a minimum 20-foot buffer strip shall be established along Three Mile Drive and along
Stillwater Road between the roads and the subdivision that would include a bike and pedestrian
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be coordinated with the Kalispell Public Works Department, Parks and Recreation Department,
Flathead County Road Department and Montana Department of Transportation.
5. Demonstrate that development within the 40 by 40 foot building area for proposed Lot 36 can
be achieved without disturbance or filling the 100 year floodplain area and that the required
setbacks can be met. (Kalispell Site Development Review Committee).
6. That a letter be obtained from the .Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3.11),
7. That the area designated on the plat as "park" shall satisfy in part the requirements for parkland
dedication and shall be developed in accordance with a plan approved by the Kalispell Parks
and Recreation Director that provides recreational amenities including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. The developer
shall attempt to coordinate with the developer of Blue Heron Estates and the Kalispell Parks
and Recreation Department to develop a park that is integrated with the park development plans
for Blue Heron Estates to the west. (Kalispell Subdivision Regulations, Section 3.19).
S. The following requirements shall be met per the Kalispell Fire Department: (Kalispell
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a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with the
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be, provided in accordance with. International Fire Code (2003)
Section 503.
d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-8.
c. It is recommended that consideration be given to annexation of Three Mile Drive adjacent to
the public right-of-way.
9. 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 and
be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained
from the Kalispell Public Works Department stating the naming and addressing on the final plat
have been reviewed and approved. (Kalispell Subdivision .Regulations, Section 3.09).
10. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
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behind the right-of-way along all lots to allow for the placement of utilities minus City sewer
and water. The placement of utilities should be coordinated with the respective utility
companies prior to construction. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat. (Kalispell Public
Works Department).
11. After the construction and installation of utilities are completed, the developer shall insure that
all property corners are replaced by a licensed surveyor that might have been disturbed during
construction. In locations where there is a conflict such as an electrical pad, an offset marketer
shall be placed and recorded on the final plat. (Kalispell Public Works Department).
12. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
13. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
3.09(L)).
14, All utilities shall be installed underground. (Kalispell Subdivision Regulations, section 3.17).
1.5. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
1.6. The base flood elevation of the 100 year floodplain be delineated, along with the elevation, and
be indicated on the final plat.
17. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
18. A note shall be placed on the face of the final plat which waives protest to the creation of a
special improvement district for upgrade of roads in the area to City standards which are
impacted by this subdivision.
19. That preliminary plat approval shall be valid for a period of three years from the date of
approval with an automatic two year extension as each phase of the subdivision plat has been
completed and filed if the subdivision is phased. (Kalispell Subdivision Regulations, Section
2.04).
Dated this 6th day of .tune, 2005.
'k
Pamela B. Kenne
Mayor
STATE OF MONTANA
ss
County of Flathead
On this � day of , 2005 before me, a Notary Public, personally
appeared Pamela B. Kennedy, Mayor the City of Kalispell, known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she 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.
Est A #;>
E A'
.. ....... . .
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires 2 �