Description
Kalispell City Council on Monday night will consider a controversial amendment allowing the body to revoke conditional use permits.
Council meets at 7 p.m., Monday, Dec. 1, in City Hall, 201 First Ave. E.
The Planning Commission backed the proposed zoning text amendment after holding a Nov. 14 public hearing attended by residents who expressed concern that the move would stymie economic development.
The amendment also received a warning from lawyers representing the Flathead Warning Center, who said that the proposed ordinance would destroy the homeless shelter’s vested property rights as well as those of all businesses that rely on permits.
But the code was subsequently amended to clarify that it would only apply to conditional use permits granted after Jan. 15, 2026.
Conditional use permits allow property owners to use their land in ways not typically permitted in certain zones. While the current ordinance stipulates that an application can be denied, there is no language outlining the protocol for revoking a permit after it’s been granted.
The amendment will allow Council to revoke, suspend or reconsider a permit if it determines there were misrepresentations made in the property owner’s permit application, intentional or not.
The proposed code also states that the permit would no longer stay attached to the property indefinitely.
If the city deems that a permit violates its conditions or application, the city must notify the permit holder and allow 15 days for the permit holder to come into compliance. A hearing date would then be set for Council to present its findings of fact.
City officials say the amendment is meant to plug up holes in the revocation process brought about by its dispute with the Warming Center.
COUNCIL WILL vote on a proposal to build a 149-unit residential neighborhood just south of the LHC gravel pit north of the intersection of Stillwater Road and Taeler Road.
LBO Properties LLLP is requesting preliminary plat approval for 111 single-family detached lots and a conditional use permit to build 38 townhome units on roughly 43 acres for the project called the North West View Subdivision.
The Planning Commission recommended approval of the request at a November meeting.
Developer Roger Foley is also back with a new development proposed for South Kalispell after his first attempt was shot down by Council in September.
Council will vote on the North Meadows subdivision. Foley is requesting preliminary plat approval to build 44 townhouse/attached single-family lots on 12 acres wedged between Ashley Creek and Bluestone Drive.
Foley’s first proposal to build a 99-unit apartment complex on the land was met with strong opposition from nearby residents, who raised concerns about traffic and how the development would affect the character of the surrounding neighborhood of single-family homes.
Council in September voted to annex the property but rejected zoning it RA-1 (residential apartment), instead zoning the property R-4 (residential).
COUNCIL WILL also hold a public hearing and subsequent vote on transferring $600,000 from the city’s general fund budget to its central garage fund to support the initial design of a new equipment garage.
The existing garage located south of Legends Stadium allows the majority of repair and maintenance work — jobs like fixing headlights and overhauling engines — to be performed by city workers. A new mechanic was hired this year, bringing the garage workforce to four.
But the facility has run out of space needed to support the volume of repairs necessary to keep the city’s growing fleet of vehicles running, according to city officials.
Reporter Jack Underhill can be reached at 758-4407 and [email protected].
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