CUP Accessible Space/Low Income Senior HousingReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
I Illillll II it I III IIIII IIIII IIIII IINI IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII III Paula Robinson, Flathead County MT by NC
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Accessible Space, Inc.
2550 University Avenue, Suite 330N
Saint Paul, MN 55114
(651)645-7271
I 200900022731
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LEGAL DESCRIPTION: Parcel A of Corrected Certificate of Survey No. 13066 located within
the NW 1/4 of Section 6, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
ZONE: Low Density Residential Apartment, RA-1
The applicant has applied to the City of Kalispell for a conditional use permit to allow a 23-
unit two-story apartment building for very low-income senior citizens. The proposed apartment
building falls under the definition of a retirement home, requiring a conditional use permit.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
May 12, 2009, held a public hearing on the application, took public comment and recommended that
the application be approved subject to certain conditions.
After reviewing the application, the record, the KPD 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-09-6 as the Council's findings
of fact, and issues and grants to the above -described real property a conditional use permit to allow a
23-unit two-story apartment building for very low-income senior citizens in an RA-1, Low Density
Residential Apartment zoning district subject to the following conditions:
General Conditions:
Development of the site shall substantially comply with the approved site plan.
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2. All utilities shall be placed underground.
No further subdivision of the property can occur and the project will not be allowed to
expand beyond the 23 residential apartment units.
4. The conditional use permit is valid for a period of 18 months from the date of authorization
after which time if the commencement of activities has not occurred the permit shall be void.
A continuous, good faith effort to design the building, obtain financing and other activities
shall be considered a commencement.
Prior to Issuance of a Building Permit:
5. The developer shall provide the Public Works Department with an engineered storm water
report. The report shall be reviewed and approved by the Public Works Department prior to
construction.
6. The developer shall extend a water main line from Indian Trail Road to the eastern edge of
the property. The plan for the extension shall be reviewed and approved by the Public Works
Department prior to construction.
Note: The Public Works Department may participate in the water main line extension to
upgrade the line from an 8-inch line to a 12-inch line.
7. The developer shall submit plans which substantially comply with the approved elevations to
the Kalispell Architectural Review Committee for their review and approval. The plans shall
include four sided architecture for the building.
Note: The building design shall be amended so that any single wall cannot be longer than
130 feet without a minimum 4 foot relief with a roof pitch of 4:12 with a maximum building
height of 29.5 feet.
8. The developer shall provide construction plans for the following:
• Either a sidewalk or bike path along the project's frontage of Grandview Drive.
• A bike path from the edge of pavement of Indian Trail Road, through the project site,
to the sidewalk or bike path to be installed along Grandview Drive.
The plans shall be reviewed and approved by the Public Works Department and Parks and
Recreation Department prior to installation.
9. A revised landscape plan shall be provided to the Parks and Recreation Department for
review and approval. The plan shall specify groundcover, tree and shrub type and size at the
time of planting around the apartment building and the parking area.
10. A street tree plan shall be provided to the Parks and Recreation Department for review and
approval. Note: The street trees may be placed on the project site if there is insufficient
room within the Grandview Drive right-of-way.
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11. The developer shall enter into an agreement with the city for an annual "payment in lieu of
local property taxes" (PILT) to address the shortfall in the payment of municipal services.
12. The applicants shall work with the City of Kalispell Planning Department to develop a site
plan that best reasonably meets the concerns of the council and neighborhood.
Prior to issuance of a Certificate of Occupancy-
13. The exterior elevations shall substantially comply with the approved plans by the Kalispell
Architectural Review Committee.
14. An easement for the water main line and bike path on the property shall be dedicated to the
City of Kalispell.
15. Curb stops shall be installed for each parking space immediately south of the building.
16. The approved storm water plan shall be implemented with any conditions required on the
plan by the Public Works Department.
17. The water main line shall be installed per the approved plan.
18. All landscaping, including the street trees along Grandview Drive, shall be installed per the
approved landscape plan or bonded for.
19. The sidewalk or bike paths referenced in condition #8 shall be installed.
Dated this 20th day of Jam, 2009.
STATE OF MONTANA
WIR
County of Flathead
amela B. Ken edy
Mayor
On this day of , 2009 before me, a Notary Public, personally
appeared Pamela B. Kennedy, 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 she 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
°` •'f o Printed Name: - c6
Residing at Kalispell, Montana
My Commission Expires k
l'''fiBe01!®�
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