The public on Wednesday can weigh in on a proposed zoning ordinance amendment that would give Kalispell City Council the power to revoke conditional use permits.  

The hearing will be held during the Kalispell Planning Commission’s meeting on Wednesday, Nov. 12 at 6 p.m. in City Hall, 201 First Ave. E.  

The amendment comes after the revocation of a conditional use permit became the subject of a lawsuit filed in federal court by the Flathead Warming Center against Kalispell.  

Council voted in September 2024 to rescind the nonprofit’s permit, which allows it to operate as a homeless shelter, following complaints that its guests were adversely affecting the surrounding neighborhood, something shelter leadership said in its application wouldn’t happen.  

The center responded with a lawsuit arguing that the move was illegal. 

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 has been granted. 

Before the legal battle was settled last winter, a federal judge in Missoula ruled that the shelter could remain open while the lawsuit winded through U.S. District Court. 

Judge Dana Christensen determined that the Flathead Warming Center made a credible argument that Council's permit revocation process was unfair, calling its recission on the basis of failing to be a good neighbor nebulous and subjective.  

The lawsuit was settled in March. The city agreed to permanently reinstate the permit, pay $140,000 in legal fees incurred by the center and issue a public apology to shelter Director Tonya Horn for falsely accusing her of lying during the permit application process.  

But the proposed 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, unintentional or not.  

Prior to recission, the city must notify the property of any alleged misrepresentations. The property then has 15 business days to fall into compliance and set a hearing date for Council to present its findings of fact.  

The current ordinance states that a conditional use permit remains attached to the property indefinitely, language that the shelter wielded against the city in its lawsuit. The proposed amendment would clarify that permits do not stay with the land. 

DEVELOPER ROGER Foley is back with a new development proposed for South Kalispell after his first attempt was shot down by Council in September.  

The Planning Commission will hold a public hearing on the North Meadows subdivision, which now consists of 44 townhouse 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). 

A public hearing will also be held on a proposal to build a large subdivision in North Kalispell.  

LBO Properties LLLP is requesting preliminary plat approval for 111 single-family detached lots and 38 townhome units on roughly 43 acres just south of the LHC excavation site.  

The property is currently undeveloped agricultural land zoned R-3 (residential), which is intended to provide for urban residential development, according to the city staff report on the proposal.  

Reporter Jack Underhill can be reached at 758-4407 and [email protected].