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H1. Husky CUPPLANNING FOR THE FUTURE MONT"A REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin,a SUBJECT: KCU-18-05 — Conditional Use Permit (CUP) request for 120 unit multi -family proj ect MEETING DATE: March 4, 2019 BACKGROUND: A request from Husky Partners, LLC for a conditional use permit for a 120 unit multi -family project within the B-2 Zoning District. Multi -family projects are permitted within the B- 2 Zone provided a conditional use permit is obtained per Section 27.13.030 of the Kalispell Zoning Ordinance. The project would include five (5) buildings with twenty four (24) units each and a clubhouse. The multi -family buildings are 3-story, 43-feet tall with eight (8) units per floor. The site plan also depicts private access driveways, 242 parking spaces, sidewalks and open space. The subject property is currently asphalt parking area and undeveloped grasslands to the north and northwest of Gateway Community Center. The subject property is 4.23-acres of land generally located north of the Gateway Community Center, east of Financial Drive, South of Two Mile Drive and West of Glenwood Drive. The property can be legally described as Lot 1 of the Plat of Glenwood West, being an amended plat of Lot 1 of northeast portion gateway west addition No. 34 located in the SE4 of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on February 12, 2019, to consider the application request. Staff presented staff report KCU-18-05 providing details of the proposal and evaluation. Staff reported that the proposed CUP was compatible with the zoning, the growth policy, and the applicant has met the burden of proof requirements. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Kalispell City Council that the CUP be approved, subject to fourteen (14) conditions. During the public comment portion of the hearing, two members of the public spoke in regards to the application request. One member was concerned with the increased traffic that would be generated by the housing, and the other was in support of the project because it would bring additional housing to the city. There being no further public testimony, the public hearing was closed and a motion was presented to adopt staff report KCU-18-05 as findings of fact, and recommend to the Kalispell City Council that the CUP be approved, subject to fourteen (14) conditions. Board discussion concluded that the request was appropriate, and the motion passed unanimously upon roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Husky Partners, LLC for Conditional Use Permit KCU-18-05, a conditional use permit for a 120-unit multi -family project with fourteen (14) conditions of approval within the B-2 Zoning District, located in Lot 1 of the Plat of Glenwood West, being an amended plat of Lot 1 of northeast portion gateway west addition No. 34 located in the SE4 of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Conditional Use Letter CUP Staff Report KCU-18-05 Minutes of the February 12, 2019, Kalispell Planning Board Application Materials c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Husky Partners, LLC 2250 US 93 South Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 1 of the Plat of Glenwood West, being an Amended Plat of Lot 1 of Northeast Portion Gateway West Addition No. 34 located in the Southeast Quarter in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of five three-story, 24-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 February 12, 2019, held a public hearing on the application, took public comment and recommended that the application be approved subject to 14 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- 05 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 five three-story, 24-unit apartment buildings in the B-2, General Business zoning district subject to the following conditions: 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. That the development of the site shall be in substantial conformance with the submitted architectural and site plan drawings in regards to setbacks, landscaping, parking and recreational amenity. 3. Architectural renderings and site layout are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 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. 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. 6. A minimum of 500 square feet of land per unit which has recreational value, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on - site and approved by the Kalispell Parks and Recreation Director. 7. 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. 8. 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. 9. 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. 10. Prior to building permit issuance of any building onsite, the applicant shall demonstrate that the Gateway Community Center and Teletech meet the parking requirements as provided in Chapter 27.24 of the Kalispell Zoning Ordinance. 11. Glenwood Drive, Two Mile Drive and Financial Drive shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards. Upgrades include sidewalks, curb and gutter, street trees and boulevard adjacent the applicant's property. 12. The developer shall submit a Traffic Impact Study to the Kalispell Public Works Department. The terms and conditions of a Traffic Impact Study shall be complied with prior to the issuance of a building permit for each phase. 13. A minimum two pedestrian connections shall be provided to the Gateway Community Center for access to bus stop. 14. Pedestrian connections shall be installed between the internal sidewalk system and Glenwood Drive. Dated this 4th day of March, 2019. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2019 before me, a Notary Public, personally appeared Mark Johnson, 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. Notary Public, State of Montana HUSKY/GATEWAY COMMUNITY CENTER APARTMENTS REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-18-05 February 4, 2019 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit for a 120-unit multi -family residential project within the B-2 Zoning District. A public hearing on this matter has been scheduled before the Planning Board for February 12, 2019, beginning at 6:00 PM, in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. A. BACKGROUND INFORMATION: Owner: Husky Partners, LLC 2250 U.S. 93 South Kalispell, MT 59901 Westside, CCC P.O. Box 8345 Kalispell, MT 59904 Agent: Jackola Engineering and Architecture 2250 U.S. 93 South Kalispell, MT 59901 Summary of Request: A request for a conditional use permit for multi -family residential within the B-2 Zoning District. Multi -family projects are permitted within the B-2 Zone provided a conditional use permit is obtained per Section 27.13.030 of the Kalispell Zoning Ordinance. The multi -family project would include five (5) buildings with twenty four (24) units each and clubhouse. The multi -family buildings are 3-story, 43-feet tall with eight (8) units per floor. The site plan also depicts private access driveways, 242 parking spaces, sidewalks and open space. Location: The subject property is currently asphalt parking area and undeveloped grasslands to the north and northwest of Gateway Community Center. The subject property is 4.23-acres of land generally located north of the Gateway Community Center, east of Financial Drive, South of Two Mile Drive and West of Glenwood Drive in the SE4 of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Size: The subject property is 4.23 acres. Existing Land Use and Zoning: The site is currently asphalt parking area and undeveloped grasslands. The subject property is located within the B-2 Zoning District. The Kalispell Zoning Ordinance describes the intent of this district: "A district which provides for a variety of sales and service establishments to serve both residents of the area and the traveling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would be typically found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use Map. Adjacent Zoning: West: City B-2 and RA-1 North: City B-2 AND RA-1 East: City B-2 South: City B-2 Adjacent Land Uses: West: Financial Drive, multi -family, school and office North: Two Mile Drive and single-family East: Glenwood Drive, school and post office South: Gateway Community Center Relation to the Growth Policy: The subject property is within the Commercial land use category, which provides the basis for the B-2, General Commercial Zoning. The growth policy would anticipate a variety of uses under that designation, including, but not limited to, apartments, offices, retail, and other commercial uses. The requested conditional use permit for multi -family is an appropriate land use for the property. Additionally, infill development is encouraged to lessen impacts on sensitive lands and provides additional housing opportunities where services are available. City services including, sewer, water and streets are in the vicinity and available to the subject property. Utilities/Services: Sewer service: Water service: Solid Waste: Electric: Phone: Police: Fire: Schools: B. EVALUATION OF THE REQUEST: City of Kalispell City of Kalispell Private Flathead Electric Cooperative CenturyLink City of Kalispell City of Kalispell School District #5, Peterson Elementary This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. There is no specified maximum density, however, the 2 applicant must accommodate development standards such as setbacks, parking, storm water, etc. in the final design. A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested: 1. Site Suitability: a. Adequate Useable Space: The subject property is 4.23-acres and the entire project site is flat with no impediments leaving the entire site developable. Preliminary design shows that the development would likely be able to be constructed substantially as proposed, although some redesign may be necessary depending upon finalization of plans for storm water facilities. b. Height, bulk and location of the building: The proposed multi -family project meets the B-2 required setbacks of 15' front, 15' side corner, 5' interior side and 10' rear setback. Beings the property is within the B-2 Zoning District there is not a maximum lot coverage permitted. The allowable height is 60 feet, however, the proposed project will be much shorter than that as it will be a 3-story apartment building 43-feet tall. The B-2 Zone requirements give due consideration to the height, bulk and location of the proposed use. C. Adequate Access: The multi -family project will be taking access via Glenwood Drive to the east and Financial Drive to the west. Glenwood Drive and Financial Drive are both improved city street and the internal driveways meet the minimum width requirements for ingress and egress. d. Environmental Constraints: There are no environmental constraints, such as steep slopes, streams, floodplains, or wetlands on the property, which could affect the proposed use. 2. Appropriate Design: a. Parking Scheme / Loading Areas: The off-street parking requirement for multi- family dwelling units is 1.5 spaces for every dwelling unit. There are 120 units proposed, which would equate to 180 required parking spaces. The development provides 242 parking spaces, exceeding the minimum parking requirements. b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Exterior lighting installed in conjunction with the development will be reviewed for compliance with the zoning ordinance during site development review. C. Traffic Circulation: The multi -family projects gains its primary access from Glenwood Drive to the east and Financial Drive to the west, both improved public streets. The internal private driveways within the development meet the minimum width requirement for adequate traffic circulation. 3 d. Open Space: The development is proposing a large open space area connecting the buildings and clubhouse area. In addition, the development meets all of the required setbacks, which are open space areas. e. Fencing/Screening/Landscaping: The site plan has provided adequate landscaping area in regards to parking, buffering, etc. Additionally, 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 approved by the Parks and Recreation Department prior to issuance of the building permit. Fencing for the property will have to comply with Section 27.20.040 of the Kalispell Zoning Ordinance. f. Signage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. At this point no signs are being proposed. 3. Availability of Public Services/Facilities: a. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the project. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. Fire hydrants will be located as required by the Fire Chief. There is adequate access to the property from the public road system and the buildings will be constructed to meet current building and fire and safety code standards. Station 61 is approximately 1.8 miles from the subject property giving good response time. C. Water: City of Kalispell water infrastructure is available within Two Mile Drive and Glenwood Drive and would be extended into the property. The developer will be required to pay the cost for the utility extensions. d. Sewer: City of Kalispell sewer infrastructure is available within Two Mile Drive, Glenwood Drive and Financial Drive. The developer will be required to pay the cost for all of the utility extensions and there is adequate capacity for the proposed use. e. Storm Water Drainage: Storm water facilities are not shown on the preliminary site layout submitted. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Construction and Design Standards. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. Final storm water design will likely alter the site layout and may result in loss of parking areas. Prior to receiving a building permit, the developer will also need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. 4 f. Solid Waste: Solid waste pick-up can be provided by the City of Kalispell. Trash receptacle areas are not shown on the preliminary layout. Prior to building permit issuance the location of these trash receptacle areas will need to be approved by Public Works. g. Streets: The primary street frontages are Two Mile Drive, Glenwood Drive and Financial Drive, which provide access to the greater City of Kalispell circulation system. h. Sidewalks: City of Kalispell sidewalks will be constructed along the properties western, eastern and northern boundaries as part of construction of the project. In addition, an internal sidewalk system will lead the tenants of apartment complex to the clubhouse and from the buildings to the public sidewalk system. i. Schools: This site is within the boundaries of School District #5. An impact to the district may be anticipated from the proposed development depending on the demographics of the residents. On average, 60 students K-12 would be anticipated from 120 dwelling units. j. Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires 60,000 square feet of recreational amenities for the 120-unit development based on a ratio of 500 square feet of usable land per dwelling. The site plan indicates large open space areas and a clubhouse that could qualify as a recreational amenity. Section 27.34.060 of the Kalispell Zoning Ordinance allows for amenities such as a clubhouse to be constructed instead of land. These recreational amenities should be equivalent to the fair market value of 500 square feet of land per unit. The recreational value of this amenity package appears to exceed the minimum requirements of Section 27.34.060 of the Kalispell Zoning Ordinance, provided the clubhouse is improved in a way that benefits the tenants of the project. The actual value of the recreational amenities will be determined by the parks and recreation director at time of building permit to verify compliance with this requirement. 4. Neighborhood impacts: a. Traffic: The multi -family project gains its primary ingress and egress from Glenwood Drive and Financial Drive, which are improved public streets. A traffic study will be will be reviewed and approved by Public Works prior to building permit issuance, as the project will generate 300 or more vehicle trips per day. The traffic study evaluates the impacts the development has on the traffic system and indicates mitigation necessary to maintain acceptable levels of service. Eagle Transit's Green Line and Orange Line both stop at Gateway Community Center, a short walk from the proposed development. The bus stop provides 5 an alternative mode of transportation for tenants in the development at regular intervals, as it provides multiple stops a day at the location. b. Noise and Vibration: The development of the property as multi -family residential will create additional noise and vibration. Primarily the aforementioned will be generated from automobiles. As the neighboring properties are commercial it is not anticipated the noise and vibration generated by the development will have any adverse impacts on the surrounding area. C. Dust, Glare, and Heat: The use of the property as a multi -family residential would not generate any unreasonable dust, glare, and heat other than during construction. d. Smoke, Fumes, Gas, or Odors: The development of the property as multi- family residential will create additional smoke, fumes, gas and odors. Primarily the aforementioned will be generated from automobiles. As the neighboring properties are commercial it is not anticipated the smoke, fumes, gas and odors generated by the development will have any adverse impacts on the surrounding area. e. Hours of Operation: As the property is for residential there will be no hours of operation, but there will be people residing on the premises 24-hours a day. If a home based occupation were to occur the residents would have to comply with the home based occupation section of the zoning ordinance, outlined in Section 27.20.060 of the Kalispell Zoning Ordinance. 5. Consideration of historical use patterns and recent changes: The area has historically been commercial and has developed that way as a parking lot. The proposed use does not negatively impact surrounding uses and is an appropriate land use of the property, as it is a great infill development project. A recent market study conducted by Property Dynamics - Mill Creek, Washington, indicated that in the summer of 2017 there was a 0% vacancy of multi -family units within the Kalispell area, indicating a strong need for additional housing options. 6. Effects on property values: No significant negative impacts on property values are anticipated as a result of the requested conditional use of the property. It can be assumed that property values will increase since city services to the property are being added and the property is currently undeveloped. RECOMMENDATION The staff recommends that the Kalispell Planning Board adopt staff report #KCU-18-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 0 CONDITIONS OF APPROVAL 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. That the development of the site shall be in substantial conformance with the submitted architectural and site plan drawings in regards to setbacks, landscaping, parking and recreational amenity. 3. Architectural renderings and site layout are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 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. 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. 6. A minimum of 500 square feet of land per unit which has recreational value, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on -site and approved by the Kalispell Parks and Recreation Director. 7. 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. 8. 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. 9. 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. 10. Prior to building permit issuance of any building onsite, the applicant shall demonstrate that the Gateway Community Center and Teletech meet the parking requirements as provided in Chapter 27.24 of the Kalispell Zoning Ordinance. 7 11. Glenwood Drive, Two Mile Drive and Financial Drive shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards. Upgrades include sidewalks, curb and gutter, street trees and boulevard adjacent the applicant's property. 12. The developer shall submit a Traffic Impact Study to the Kalispell Public Works Department. The terms and conditions of a Traffic Impact Study shall be complied with prior to the issuance of a building permit for each phase. 13. A minimum two pedestrian connections shall be provided to the Gateway Community Center for access to bus stop. 14. Pedestrian connections shall be installed between the internal sidewalk system and Glenwood Drive. 2 KALISPELL CITY PLANNING BOARD & ZONING COMNIISSION NIINUTES OF REGULAR MEETING February 12, 2019 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Kurt Vomfell, Joshua Borgardt, Rory Young & George Giavasis. Ronalee Skees was absent. Jarod Nygren, Tom Jentz and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Young moved and Giavasis seconded a motion to approve the minutes of the January 8, 2019 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. BOARD MEMBER SEATED Young recused himself, he is a representative for the Husky/Glenwood Apartments application. KCU-18-05 A request from Husky Partners, LLC for a conditional use permit for multi- GLENWOOD APARTMENTS family apartments within the B-2 (General Business) Zoning District. The CONDITIONAL USE PERMIT multi -family project would include five (5) buildings with twenty four (24) units each for a total of one hundred twenty (120) units. STAFF REPORT Jarod Nygren representing the Kalispell Planning Department reviewed Staff Report #KCU-18-05. Staff reviewed the application including the zoning, growth policy, site layout, elevations, land uses, traffic circulation and pedestrian connectivity. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-18-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions in the staff report. BOARD DISCUSSION Board discussed fencing and/or buffer between the Gateway Mall and the apartment complex, connections to the downtown via the bike path and parking issues, if any, for the mall once the apartments were completed. There was also brief discussion regarding the parking lot layout. PUBLIC HEARING Rosemary Higham — 76 Hawthorn West — concerned with increased traffic on Two Mile Dr. Sherry Stevens — 1203 US Hwy 2 — is in favor of the project and likes that it will bring more housing to the valley. MOTION Kauffman moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-18-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions in the staff report. BOARD DISCUSSION Board discussed the value of the project and feels it will blend in well with the area, as it provides needed housing and is a good infill project. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Young re -seated. Kalispell City Planning Board Minutes of the meeting of February 12, 2019 Pagel KZTA-19-01 Zoning Ordinance Text Update - A request from the City of Kalispell for a ZONING ORDINANCE TEXT series of updates to the zoning ordinance. Every few years, the City initiates a UPDATE set of text amendments to clean-up areas of the ordinance that need additional clarification or to adopt general provisions that are needed to keep the ordinance operating in an effective, user-friendly manner. The Board held a work session on the proposed amendments at the previous meeting. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZTA-19-01. Staff went through the proposed text amendments individually, explaining to the board the impacts of each proposed change. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt the findings in staff report #KZTA-19-01 and recommend to the Kalispell City Council that the proposed amendments be adopted as provided herein. BOARD DISCUSSION Board asked clarification questions of staff as report was read. PUBLIC HEARING None. MOTION Giavasis moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZTA-19-01 as findings of fact and recommend to the Kalispell City Council that the proposed amendments be adopted as provided herein. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the Eagle Valley ranch preliminary plat, which had been approved by the council. NEW BUSINESS Nygren updated the board on Agenda items for March 12, 2019 meeting. Graham advised he would not be present at the March 12, 2019 meeting. ADJOURNMENT The meeting adjourned at approximately 7:03pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be on Tuesday, March 12, 2019 at 6:00 p.m. and is located in the Kalispell City Council Chambers, 201 1st Ave East. Chad Graham President APPROVED as submitted/amended: Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of February 12, 2019 Page 12 EXTERIOR PAINT Rodda Paint Cascadia Palette CA030, Silver - Flat Rodda Paint Cascadia Palette CA087, Fladstone - Flat Rodda Paint Cascadia Palette CA207, Iron - Flat RAILING COLOR WOOD STAIN LIGHT FIXTURE SIDING MATERIAL Sherwin Williams Tricorn Black - satin, SW 3542 Sherwin Williams Charwood, SW 3542 Western States Metal Roofing Co. Speckled Rust ROOFING MATERIAL First Choice: I KO Cambridge Limited Lifetime Dual Black Second Choice: I KO Canbridge 30 Dual Black GUTTERS & DOWNSPOUTS Kynar 500 color Dark Bronze FASCIA AND WINDOW HEAD COLOR Sherwin Williams Java, SW 6090 PLANNING POILTHE FUTURE MONTANA Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin,a APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: MULTI FAMILY APARTMENTS RECEIVED OWNER(S) OF RECORD: Name: HUSKY PARTNERS, LLC Mailing Address: 2250 US HWY 93 S City/ State/Zip: KALISPELL, MT, 59901 DEC 0 3 2018 KWMRM60EPA0Eff Phone: (406) 755 3208 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: SHANE JACKOLA - JACKOLA ENGINEERING & ARCHITECTURE Mailing Address: 2250 US HWY 93 S City/State/Zip: KALISPELL, MT, 59901 Phone: (406) 755 3208 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: SEE ATTACHED No. ship NO. — Subdivision Tract Lot Block Name: AMENDED PLAT OF GATEWAY WEST ADDITION #34 No(s). No(s).1 No. 1. Zoning District and Zoning Classification in which use is proposed: B-2 GENERAL BUSINESS 2. Attach a plan of the affected lot which identifies the following iter s: a. Surrounding land uses. SEE ATTACHED b. Dimensions and shape of lot. SEE ATTACHED C. Topographic features of lot. SEE ATTACHED d. Size(s) and location(s) of existing buildings SEE ATTACHED e. Size(s) and location(s) of proposed buildings. SEE ATTACHED f. Existing use(s) of structures and open areas. SEE ATTACHED g. Proposed use(s) of structures and open areas. SEE ATTACHED h. Existing and proposed landscaping and fencing. SEE ATTACHED 1 3 M On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED Attach supplemental information for proposed uses that have additional requirements (consult Planner) . I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development pr DECEMBER 3RD, 2018 Applicant Signatu Date 04 INSTRUCTIONS FOR CONDITIONAL USE PERAHT APPLICATION A pre -application meeting with the planning director or member of the planning staff is required. Application Contents: 1. Completed application form. 2. Appropriate attachments listed under items 2, 3, and 4 on the application. 3. Application fee based on the schedule below, made payable to the City of Kalispell: Conditional Use Permit: Single-family (10 or fewer trip s / day) Minor Residential (2-4 units or 11-49 trips/day) Major Residential (5 or more units or 50+ trips/day) Churches, schools, public / quasi -public uses Commercial, industrial, medical, golf courses, etc $250 $300 + $25/unit or 10 trips $350 + $50/unit or every 10 trips $K 0 + (800/10)*$50 = $4,350.00 $350 JJITE Trips = 798 for 120 Apts) $400 + $50/acre or unit or $. 05 / sf of leased space over 5,000 sq. ft. whichever is greater 4. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planningakalispell.com (Please note the maximum file size to email is 20mg) 5. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. Application must be completed and submitted a minimum of thirty five_(35) daVss prior to the planning board meeting at which this application will be heard. The regularly scheduled meeting of the planning board is the second Tuesday of each month. After the planning board hearing, the application is forwarded with the board's recommendation to the city council for hearing and final action. Once the application is complete and accepted by Kalispell planning staff, final approval usually takes 50 days, but never more than 90 days. 3 EXHIBIT 4 3. Addendum to Husky 3.0 CUP Application a. Traffic flow and control The subject property is located at the North end of the existing Gateway West Mall parking lot. Access will be provided to both Glenwood and Financial Drives. Financial Drive connects to Two Mile Drive and Glenwood provides access to both Two Mile Drive and US Hwy 2. A Traffic Impact Study will be completed prior to submittal of the building permit application. b. Access to and circulation within the property The subject property will be accessed from Glenwood and Financial Drives. Driveways and parking lots will provide connectivity between the two access roads mentioned in item 1. A generous sidewalk layout will encourage pedestrian circulation within the property. c. Off-street parking and loading Off-street parking will be provided along the driveways and in close proximity to each building. The number of parking spaces provided exceeds the requirements of the zoning ordinance. d. Refuse and service areas Trash enclosures will be provided and adequate access will be provided for loading of trash. e. Utilities It is anticipated that an access to both sewer and water mains will be achieved either on Glenwood or Financial Drives. Additionally, both utilities are available in Two Mile Drive if required. Fire Hydrants will be located as required by the Fire Chief. Other utilities will be supplied as required. f. Screening and buffering Landscaping and appropriate height fencing will be used to screen the development from adjacent properties and roads and the relevant yard setbacks will be met or exceeded. g. Signs, yards and other open spaces One entrance monument sign will be installed along with building signage to identify the separate structures. Internal way finding signs will be used as appropriate. Amenities such as gazebos and playground equipment may be added in order to meet the Multi Family CUP regulations. h. Height, bulk and location of structures The buildings will be approximately 40 feet at the eaves and will have protrusions and architectural elements to provide a pleasing fagade. The buildings are located around the central parking and open space areas and are anticipated to be within the relevant yard setbacks. i. Location of proposed open space uses The areas between the buildings will be linked by generous open spaces. A clubhouse will provide additional amenities. Amenities such as gazebos and playground equipment may be added in order to meet the Multi Family CUP regulations. j. Hours and manner of operation The development will operate as a typical multifamily residential property. k. Noise, light, dust, odors, fumes and vibration No adverse impacts are expected to these items. During construction the contractor will be required to mitigate the impacts. Q�I�II�IIIIII�O[I9IIIIII�II��II�WIIIYI �IIIDI�II�IIIIIIIIIIIIIIIII�IIIYI Pa9e:Iof175 Fees: $7.u8 Dehhie Pie,yu,y Flathead County MT by NW 9111/2018 3:58 PM Return To and Taxes: Husky Partners, LLC, a Montana limited liability company 2250 Highway 93 South Kalispell, Mr 59901 ATEC Order No.: 408651 WARRANTY DEED For Value Received Flathead County Economic Development Authority, a corporate public body The Lranter(s), do(es) hereby grant, bargain, sell and convey unto Husky Partners, LLC, a Montana limited liability company Whose current address is 2250 Highway 93 South, Kalispell, MT 59901 The grantee(s), the following described premises, in Flathead County, Montana, TO WIT: Lot 1 of the Amended Plat of the Northeast portion of Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that he/she/they is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way of record. And that he/she/they will warrant and defend the same from all lawful claims whatsoever. Dated: September i% . 2018 Flathead Couti yf omit Development Authority fi l � �f Jerry Meet at a Prest t-&_CEO State'ontana) ss. County of Flathead) W. Turner Askew, Chairman On this da of September, 2018, before me, �2 c ". 4 G / P-r^ a Notary Public in and for said state, personally appeared Jerry Meerkata known to me to be the President and CEO of the Corporation, and W. Turner Askew, as Chairman of the Board and acknowledged to me that pursuant to a Resolution of the Board of Directors, they executed the foregoing in said Corporation name. INu'ITNESS WBEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Montana Residing at: Kalispell Commission Expires: DF-L?BIE PlrHU __ F NOTARY PUE34.iC far the State of Montar}a NUT 1Ru,i. u* SE Residing at 9 'rear ngt Ka4ispell, Moei,ana tvl Commission Expires Juiv t6, 2022 Ll T 0 7 O 6� 7 Cr r O O O Return to: City Clerk P.O. Box 1997 Kalispell, MT 59903-1997 201300015321 I�lllllllllllll�llllllll��llll�lllll�lllllll ��llllll��llll�lIIIIIIIIIIIIIY4IIIII��I4�llPage: I of 6 Fees: $42,01) Paula Robinson, Flathead County MT by NW 6/24/2013 2iM PM INTERLOCAL AGREEMENT between THE CITY OF KALISPELL and THE FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY The CITY OF KALISPELL, hereinafter referred to as "the City", a municipal corporation duly formed and authorized pursuant to Montana state law and with business offices located at 201 First Avenue East, Kalispell, Montana, and the FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY, hereinafter referred to as "FCEDA" a corporate public body established pursuant to Montana state law and with business offices located at 314 Main Street, Kalispell, Montana hereby enter into agreement as set forth below. RECITALS WHEREAS, Title 7, Chapter 11, Part 1, M.C.A., known as the "Interlocal Cooperation Act," permits governmental units to make the most efficient use of their powers by enabling there, to cooperate with other local governmental units on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, said Act provides that an Interlocal agreement may be authorized and approved by the governing body of each party to said contract; and WHEREAS, the City is a municipal corporation of the State of Montana located within Flathead County, Montana and is duly organized and in existence pursuant to the terms of MCA Title 7 Chapter 3 Part 43; and Interlocal Agreement — Page 1 II��I�IIIIIIIII�IIIiIIFF4llllll�ll3ll�llll{IIIII[iI1IIIIII�IIIIIII1llllllllllllll�IIIII P20130321 age:2of0 Fees.;42.00 6/24/2013 2:30 PM WHEREAS, FCEDA is a corporate public body duly organized and in existence pursuant to the terms of MCA Title 7, Chapter 14, Part 11 enabling the creation of a Port Authority and by Resolution No. 1346 of the Flathead County Commissioners for the stated purposes of stimulating commerce, maximizing employment opportunities and expanding the tax base; and WHEREAS, on the 17ei day of February, 2000 the City, FCEDA and Flathead County entered into an Interlocal Agreement setting forth the responsibilities and obligations of each with respect to the acquisition, ownership, management and financing of certain real and personal property consisting of a 63,101 square foot space in the Gateway West Mall in the City, including a commercial office facility of approximately 60,645 square feet, described as Lot 1 of Amended Plat of the Mall Portion Gateway West Addition No. 34, as well as certain furniture, fixtures and equipment, then existing, all hereinafter referred to as "the Property"; and WHEREAS, pursuant to the above described Interlocal Agreement the City and FCEDA are vested owners in the Property as tenants in common with an undivided 37% interest vested to FCEDA and an undivided 63% interest vested to the City; and WHEREAS, on the 7`h day of February, 2000, the City, by Resolution No. 4536, authorized the issuance of West Side District Taxable Tax Increment Urban Renewal Revenue Bond, Series 2000, in the amount of $2,500,000 for the purpose of financing the purchase of the Property and which bond was retired in June 30, 2010 with funds generated by the West Side Tax Increment District as well as funds generated by a 2 mill ad valorem property tax levied under the authority of FCEDA; and WHEREAS, on the 15`h day of August, 2005 the City Council passed Resolution No. 5046 that authorized the City's 50% participation with FCEDA in the total purchase price of $312,760.80 for the acquisition of additional real property of approximately 2 acres in area described as Lot 1 of Amended Plat of Northeast Portion Gateway West Addition No. 34 to provide additional parking for the tenants of the Property as contractually required and included therefore within all references herein to "the Property"; and WHEREAS, the City and FCEDA also shared equally in the costs of improving the purchased parking lot and each party's vested interest in this property is 50% undivided interest as tenants in common; and WHEREAS, on March 1, 2004, the City and FCEDA as Landlord, and Teietech Services Corporation, hereinafter referred to as "TSC", as Tenant, entered into a Shopping Center Lease with a term of 10 years; and Interlocal Agreement — Page 2 IIIIIIIIIIIII!Illl!llNllllllllllllllIIIIIIIIIIlllllllll11111lllllllllllllillfl111llllIlll P2013000 age: 3 of 6 21 Fees: $42.00 6/24/2013 2:30 PM WHEREAS, on March 1, 2004, the City entered into a Jobs and Use Agreement with TSC in which the issues of property taxes, jobs and rent reductions are treated; and WHEREAS, on April 3, 2013 the City and FCEDA entered into a Memorandum of Understanding in which the parties agreed that it is in the best interests of the City and FCEDA that the City convey its interests and obligations in the Property, the Shopping Center Lease and the lobs and Use Agreement with TSC to FCEDA and that FCEDA assume such ownership interests and obligations. NOW THEREFORE, IT IS AGREED by and between the City and FCEDA each a local government agency of the State of Montana, and pursuant to MCA 7-11-104, that it is to their mutual benefit to adopt this Interlocal Agreement as follows: PURPOSE: The purpose of this agreement is to set forth the terms of the transfer of the City's ownership interests in the Property to FCEDA, the assignment by the City and the assumption by FCEDA of the rights and obligations under the Shopping Center Lease and Jobs and Use Agreement with TSC. DEFINITIONS: The following terms shall be defined within this document as set forth below: "Base Portion"- Pursuant to the terms of MCA 7-15-4283 the Base Portion shall be the tax revenue generated upon actual taxable value of all taxable property within the urban renewal area prior to the effective date of a tax increment financing provision. "Beneficial Use Tax" - Pursuant to MCA 15-24-1203 there is imposed and must be collected a tax upon the possession or other beneficial use for industrial, trade, or other business purposes enjoyed by any private individual, association, or corporation of any property, real or personal, that for any reason is exempt from taxation. "Deficiency Tax Payment" - Pursuant to the Jobs and Use Agreement entered into between the City and TSC on March 1, 2004, at Paragraph 4.4, the Deficiency Tax Payment is calculated to be the difference between $140,000 and TSC's actual Property Tax Obligation. In the event that FCEDA and TSC or future Lessee enter into an agreement that amends or otherwise changes the $140,000 ceiling, the resulting difference between that amount and the actual property tax obligation shall be considered as the Deficiency Tax Payment for the purposes of this agreement and regardless of the term used between FCEDA and the Lessee to name any payment obligation of Lessee to FCEDA that is above and beyond the Lessee's Property Tax Obligation. "Increment Portion" - Pursuant to the terms of MCA 7-15-4283 the Increment Portion shall be the revenues realized from extending the tax levies, expressed in mills, of all taxing bodies in which the urban renewal area is located against the incremental taxable value. "Incremental Taxable Value" - Pursuant to the terms of MCA 7-15-4283 the Incremental Taxable Value means the amount, if any, by which the actual taxable value at any time exceeds the base taxable value of all property within an urban renewal area subject to taxation. Interlocal Agreement — Page 3 YIFIIIlI�fllllll�llllll�llllllllllllll�lllhlll�llllll�lllllllllllllllllllll��lllFl�llll Page:4of6321 Fees: $42.00 6/24/2013 2:30 PM "Property Tax Obligation" - Total annual property tax paid by Lessee of the Property, including all Beneficial Use and Personal Property Taxes. "The Property" - The Property is described in the Grant Deed in the form attached to this agreement and includes such furniture, fixtures and equipment as existed within the Property and leased to TSC as of March 1, 2004. CONSIDERATION: The consideration exchanged by the parties for this agreement is as follows: 1) So long as the Property is subject to a lease and is within the West Side Tax Increment Financing District, the Tax Base Portion of the Beneficial Use Tax and Personal Property Tax paid by TSC or any future Lessee shall continue to be paid out to the various taxing entities otherwise entitled to such revenues. Upon the sunset of the West Side Tax Increment Financing District all Beneficial Use Taxes and Personal Property Taxes paid by TSC or any future Lessee shall be paid out to the various taxing entities otherwise entitled to such revenues. 2) So long as the Property is subject to a lease and is within the West Side Tax Increment Financing District, the Increment Portion of the Beneficial Use Tax and Personal Property Tax paid by TSC or any future Lessee shall be paid into the West Side Tax Increment Financing District so long as such district is in existence. 3) So long as the Property is subject to a lease and is within the West Side Tax Increment Financing District, FCEDA shall be entitled to receive all Deficiency Tax Payments paid by TSC or any future Lessee until such time as FCEDA has received a total of $300,000 from such payments which it shall use to build up its maintenance reserve account. Thereafter, and in consideration to the City for this agreement, FCEDA shall remit to the City 25% of all funds it receives from TSC or any future Lessee as Deficiency Tax Payments. 4) The parties understand and agree that in the event the Property is not under lease there will be no tax revenues generated by the Property. TRANSFER OF REAL ESTATE OWNERSHIP: The City shall transfer its ownership in the Property, including the parking lot, to FCEDA in the form of a Grant Deed as attached hereto as Exhibit "A". ASSIGNMENT OF SHOPPING CENTER LEASE: The City shall transfer its interests and obligations in the Shopping Center Lease with TSC to FCEDA in the form of an Assignment of Shopping Center Lease as attached hereto as Exhibit "B". Interiocal Agreement — Page 4 � II}!}! iy Ik `I I I I yI yI * I �FlIIIIIII�III�III�II�IIiIIIIIIIIiI��iI�IIIIII III 3011111Ili1{4l{ll1l}IVI1111111h Palle: of 60 Fees. #42 0P 6/24/2013 2;30 PM TRANSFER OF RIGHTS AND OBLIGATIONS UNDER THE JOBS AND USE AGREEMENT. The City hereby transfers all of its remaining rights and obligations under the .lobs and Use Agreement dated March 1, 2004, with TSC to FCEDA and hereby represents that its obligations under the CDBG Grant and parking requirements have been fulfilled. FCEDA hereby assumes any of the City's remaining obligations under the agreement with TSC. EFFECTIVE DATE: The effective date of this agreement shall be upon the execution of this document as authorized by the governing bodies of each party. SEVERABILITY: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. APPLICABLE LAW: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana and the parties expressly agree that venue will be in Flathead County, Montana, and no other venue. AMENDMENTS: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. NO THIRD -PARTY BENEFICIARY: This Agreement is for the exclusive benefit of the parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or enforced by a third party. COUNTERPARTS: This Agreement may be executed in counterparts, which together constitute one instrument. AUTHORITY. Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 4t Dated this day of May, 2013, CITY OF KALISPELL By: -`: Tammi is er, Mayor FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY By: Turner Askew, Chairman Interlocal Agreement — Page 5 I�I�IIIIIIIIIlIIIIIIIIIIlI�IE��Illllll��lllll�lllllllllllill�llllllllllllll��llllll Page �6 of 6321 Fees: $42.00 6/24/2013 2;30 PM STATE OF MONTANA s s. County of Flathead On this day of May, 2013, before me the undersigned, a Notary Public for the State of Montana, personally appeared TANBU FISHER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same in her authorized capacity as Mayor of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date and year first above written. n*RM WNR NOL W PUK C for the «/ 81; A � * 51a1e a Montano l C.om� E"" or Moroh 27, 2017 STATE OF MONTANA ss. County of Flathead Printed Name: 7rf1-,e&V 4 UNIT- Notary Public for the State of Montana _ Residing at %1 4US0t-zj- My Commission expires: 3 On this day of May, 2013, before me the undersigned, a Notary Public for the State of Montana, personally appeared TURNER ASKEW, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his authorized capacity as Chairman of the Flathead County Economic Development Authority. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date and year first above written. CAROL .1. pGeRNDOMR NOTARY PUSUC for Mr �N pm&V dit aWAnWA SEAL r8 Printed Name: '�'- % V— t c*-h QQIZr- Y-1 Notary Public for the State of Montana Residing at My Commission expires: `k � 10 r 1 Interlocal Agreement - Page 6 RESOLUTION NO.5046 A RESOLUTION TO AUTHORIZE THE CITY TO PARTNER WITH THE FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY 1`0 PURCHASE REAL PROPERTY IN THE GATEWAY WEST ADDITION NO. 34 FOR THE PURPOSES OF PROVIDING ADEQUATE PARKING FOR ITS TENANTS. WHEREAS, the City of Kalispell and the Flathead County Economic Development Authority owl) real property and improvements at the Gateway West Mall in Kalispell and have a leasehold agreement with Teletech Corporation in which the parties have agreed that additional parking will be secured when the tenant exceeds 250 employees; and WHEREAS, the City of Kalispell and the Flathead County Economic Development Authority entered into an agreement to purchase real property with ACG-Kalispell investors, LLC for the purchase of approximately 2 acres in the amended plat of the Northwest Portion of Gateway West Addition No. 34 for the total purchase price of $312,760.80; and WHEREAS, the City of Kalispell and the Flathead County Economic Development Authority have agreed to equally share in the costs of the land purchase and to hold the property as cotenants with each entity holding an undivided one half interest; and WHEREAS, it is in the best interests of the City to partner with the Flathead County Economic Development Authority and complete the purchase of the above -described property for the purposes of providing necessary parking to its tenants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF �-'A LISPELL AS FOLLOWS: SECTION 1. The City shall complete the purchase of the Amended Plat of the Northwest Portion of Gateway West Addition No. 34 by contributing one-half of the costs of purchase. SECTION II_ The Mayor is hereby authorized to execute all legal documents necessary to complete the purchase of the above -described property. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KAL.ISPELL, THIS I5TH DAY OF ATTEST: Theresa White City Clerk Return to: 1111l1I11I1��I111111Rl1111�1111i��1111111111r111I1�J11N1111111 City Clerk lN11111!l1111r11�11lt�!!1 P.O. Box 1997 Paula R4binsan 2oZgooa 430 Kalispell, MT 59903-1993 Flathead Caunty MT by NW Fees :$ � a /ID/2a13 3:45 p►+! GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF KALI,SPELL, a municipal corporation duly formed and authorized pursuant to L� Montana state law and with business offices located at 201 First Avenue East, Kalispell, Montana, hereby grants to FLATHEAD COUNTY ECONOMIC DEVELOPMENT ,Q AUTHORITY, a corporate public body established pursuant to Montana state law and with business offices located at 314 Main Street, Kalispell, Montana all of its interests in the W following real property located in the SEl/a, Section 12, Township 28 North, Range 22 West, P.M.M., in the City of Kalispell, County of Flathead, Montana and more particularly described Qp as: Lot l ofAmended Plat of the Mall Portion Gateway West Addition No. 34 according to the map or plat thereof on file at Clerk and Recorder of Flathead County, Montana; Q and 0 Lot l of Amended Plat of Northeast Portion Gateway West Addition No. 34 according to the map or plat thereof on file at Clerk and Recorder of Flathead County, Montana. Dated this day of May, 2013. CITY OF KALISPELL A� r By: ,% 2- Tammi Fisher, Mayor Q STATE OF MONTANA ) ty j County of Flathead ) ss. T] On this V � day of May, 2013, before me the undersigned, a Notary Public for the State of Montana, personally Qappeared TAMMI FISHER, known to me to be the person whose name is subscribed to the foregoing instrument p and acknowledged to me that she executed the same in her capacity as Mayor of the City of Kalispell. L— CL IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date and year first above written. tVDrW PDX OW ttrs Printed Name: iPF /Tc llot d1 ic Notary Public for the State of Montana CAL1le kbv at ttWONt Mr Residingat L/ �� c . �Tppr� My Commission expires: % Marh 27, 2017 Jew �OlM�1LtN� �2�P,f' J January 8, 2019 Tom Jentz City of Kalispell Planning Department P.O. Box 1997 Kalispell, MT 59903 Dear Tom 6t Members of the Planning Department: Please accept this letter as documentation that the Westside CCC, Inc. is aware that Husky, LLC has applied for a conditional use permit regarding the property held by Westside CCC, Inc. on the Northwest corner of the property that is being proposed for sale from Westside CCC, Inc. by Husky, LLC. Westside CCC, Inc. hereby authorizes Husky, LLC to proceed with the conditional use permit process through the City of Kalispell process. incerely, r d'L J'm Oliverson Sharon 5 evens Westside CCC, Inc. Northwest Montana United Way