Layne Massie/3rd Ave East AptsReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
APPLICANT:
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Fees: $21.00
Debbie Pierson, Flathead County MT by AW 6/24/2021 3:17 PM
City of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
Layne Massie
Edge LLC
55 Hunter Circle
Kalispell, MT 59901
LEGAL DESCRIPTION: Assessors Tracts 8CA, 80AA and 80BA in the NE114 of the
NW 1/4 of Section 20, Township 28 North, Range 21 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 construct a
multi -family residential development with two buildings for a total of 48 residential units, along with
a parking lot and recreational amenities, located at 2015 and 2105 Third Avenue East.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
June 8, 2021, 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-21-
04 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to construct a multi -family residential development with two buildings for a
total of 48 residential units, along with a parking lot and recreational amenities located at 2015 and
2105 Third Avenue East in the B-2 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
application and architectural/site plan drawings.
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.
4. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards,
as well as compliance with other site development 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 and shall
include provision of boulevard trees and landscaping along Third Avenue East. The landscape
plan shall be in substantial compliance with the submitted application, subject to modifications
noted herein, 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 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. Alternatively, a cash -in -lieu
payment for improvements at Lions Park may be provided to the City with the Director's
approval.
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.
Prior to construction, the developer shall submit to the Kalispell Public Works Department
an erosion/sediment control plan for review and approval, as well as a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
9. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The
terms, conditions, and recommendations of the Traffic Impact Study (TIS) shall be complied
with prior to the issuance of any building permits.
10. The current site layout may need to be modified to accommodate solid waste collection by
the city and will be reviewed during the building permit and site review process. The
number and location of trash enclosures will be reviewed to allow adequate access for city
garbage trucks.
11. The frontage within Third Avenue East shall be improved to meet City of Kalispell
Standards for Design and Construction, including, but not necessarily limited to, curb/gutter,
landscape boulevard, and sidewalk. Street lighting also may be required based on Public
Works review of the final engineering plans.
12. A pedestrian access from the main entrances of the building to the public right-of-way shall
be provided.
13. An appropriate buffer including privacy fencing and a mix of landscaping shall be installed
along the north property line.
14. The developer shall submit water main extension plans, applicable specifications, and design
reports to the Kalispell Public Works Department to be reviewed and approved by Public
Works prior to construction.
15. The developer shall obtain a 310 permit from the Montana Department of Natural Resources
and Conservation for any disturbances to the waterbody, if required.
16. The total number of units on the property for the final design may need to be reduced in
order to meet city development requirements.
Dated this 21 st day of June, 2021.
STATE OF MONTANA
: ss
County of Flathead
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Mark Johnso
Mayor
On this a I day of JlAne—, , 2021 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.
AIMEE BRUNCKHORST
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NOTARY PUBLIC for the
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State of Montana
Residing at
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Lakeside, Montana
My Commission Expires
December 04, 2024
Nothry Public, State of Montana