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CUP/Edge LLC/Appleway Multi-FamilyReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Fees0520100? Debbie Pierson, Flathead County MT by DD 8/23/20JS 11:15 Ati • City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Edge, LLC PO Box 7184 Kalispell, MT 59904 9 LEGAL DESCRIPTION: Lot 4A of the Amended Subdivision Plat of Lots 4, 5 & 6 of Appleway Business Park in Section 13, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana `O ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of two two-story, 4-unit apartment building units in a B-2 zone. Multi -family dwellings are allowed in the B-2 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 10, 2018, held a public hearing on the application, took public comment and recommended that the application be approved subject to 16 conditions. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-18- 03 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 two two-story, 4-unit apartment buildings in the B-2, General Business zoning district subject to the following conditions: 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. The building permit application site plan and elevations shall substantially comply with the approved site plan. 3. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit for exterior improvements. 4. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 5. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the City of Kalispell Construction and Design Standards. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department with approval prior to construction. 7. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 8. Appleway Drive shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include sidewalks, curb and gutter, street trees and boulevard adjacent the applicant's property. 9. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be in substantial compliance with the submitted renderings and approved by the Parks and Recreation Director prior to issuance of the building permit. 10. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on -site. 11. The optional rear yard fence located along the rear property line shall be a maximum of 4 feet in height. 12. A view obscuring fence and/or landscaping shall be installed around the trash enclosure adjacent to the Rails to Trails pathway. The proposed improvements shall be approved by the Architectural Review Committee prior to installation. 13. A letter from the Public Works Department shall be submitted to the Building Department stating that all new public infrastructure has been accepted by the City of Kalispell. 14. The internal sidewalk system shall have one connection to the Rails to Trails pathway. 15. Parking areas and driveway shall be improved in accordance with Section 27.24 of the Kalispell Zoning Ordinance including paving, landscaping, striping and setbacks. 16. All utilities shall be placed underground. Dated this 6th day of August, 2018. STATE OF MONTANA : ss County of Flathead Mark Johnso Mayor On this ZO day of A u—s-4- , 2018 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the Ctty 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. AIMEE BRUNCKHORST OPu��`"� NOTARY PUBLIC fot tt�l State of Montana * SEAL j Residing at Lakeside Montana i ` '........... M Commission Expire* my 4, 2020 Nloary Public, State of •