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CUP Kalispell Partners LimitedCity of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Kalispell Partners Limited Partnership 420 5`h'Avenue South P.O. Box 1086 LaCrosse, WI 54602-1086 LEGAL DESCRIPTION: Construction of a 24-unit apartment building for senior citizens, two (2) stories high and 52'x18718" in size with a total gross floor area of approximately 19,500 square feet. Also Y proposed is a 24-space parking lot and a separate trash storage building.- The parcel is described as Lot 6 in Liberty Village Subdivision, Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. OWNER: Kalispell Partners Limited Partnership 420 5ch Avenue South P.O. Box 1086 LaCrosse, WI 54602-1086 ZONE: Low Density Residential Apartment, RA-1 The applicants have applied to the City of Kalispell for a conditional use permit to allow the construction of a 24-unit apartment building for senior citizens. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on October 20, 1998, held a public hearing on the application, took public comment and recommended that the application be approved subject to seven conditions. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-98-7 as the Council's findings of fact, and issues and grants F:\wp\c p\kplpartnera.wpd I 9 0 L998335 1�300 to the above -described real property a conditional use permit to construct a 24-unit apartment building for senior citizens, Low Density Residential (RA-1) zoning district, subject to the following conditions: SECTION I. 1. The proposal will be developed in substantial compliance with the approved site plan and other application materials. The conditions herein shall be met prior to occupancy of the apartment building. 2. The proposal shall comply with the Kalispell Zoning Ordinance. The apartment building shall be managed so that at least 16 of the 24 units are occupied by persons 60 years or older, in order for the proposed 24-space parking lot to comply with zoning standards. The sign face shall not exceed 24 square feet in size or six feet in height. A three-foot high visual relief screen between the parking lot and Liberty Street in the form of a hedge, fence, planter box, berm or equivalent shall be provided. The trash storage building shall not be closer to Liberty Street than the apartment building. 3. The proposal shall comply with the Kalispell Design and Construction Standards. Sewer, water, drainage, and other applicable facilities shall be approved by the City Engineer. 4. The proposal shall comply with the Uniform Fire Code as approved by the Kalispell Fire Chief. The open portions of the property shall be mowed and maintained to comply with the Weed and Fire Hazard Ordinance. 5. The buildings shall comply with applicable building codes as approved by the Kalispell Building Department. 6. The property owner shall waive protest to future creation of an SID to construct Kinshella Avenue to meet City Standards for Design and Construction. 7. To accommodate pick-up of residents by Eagle Transit service, provide for an indoor waiting area at that north Fc\wP\gyp\kplpartners.wpd -- - _ ----2--- - --- 19983351a3C building entrance, including a window or glass door with a clear view of Liberty Street. SECTION II. The conditional use permit, herein granted, shall terminate 18 months from the date of issuance if commencement of the authorized activity has not begun. Dated this 2?_� day of 1998. WM.F- .Bpharskl . Wm. E. Boharski, Mayor STATE OF MONTANA : Ss — County of Flathead ) On this rPz day of 1998 before me, a Notary Public, personally appeared William E. Boharski, 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 Residing at Kalispell, Montana My Commission Expires .3 ' D mT s99o3,M1 1 Omit F:\wp\cup\kplpartners.wpd STATE OF MONTANA, ss County of Flathead N . Recorded at the request this I day of ISp""�. JJE Cled; 19 U�SL at "l L: 3 U o'clock' M and recorded in the records of Flathead County, State of Montana. Fee $ 1� , Pd. RECEPTION NO. y9`-'8335 1 a500 (Flathead County RETURN TO (Deputy)