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Housing Solutions LLC/Gateway Comm Center Senior HousingIIIIIIII I II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII III IIIII IIII II I III IIII IIII 2022 Paged of 3 72 Debbie Pierson, Flathead County MT by JS 5/19/2022 2544 PM 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: Housing Solutions, LLC PO Box 2099 Missoula, MT LEGAL DESCRIPTION: Lot 1 A of Gateway Community Center, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom Parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Also excluding Tract A of the Amended Plat of Gateway West Subdivision Unit No. 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to allow a multi -family residential development with up to 31 Senior Housing units as a conditionally permitted use on property located at 1203 Highway 2 West within the B-2 (General Business) zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on April 12, 2022, held a public hearing on the application, took public comment and recommended that the application be approved subject to thirteen (13) 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-22- 01 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a multi -family residential development with up to 31 Senior Housing units as a conditionally permitted use within the B-2 (General Business) zone, subject to the following conditions: I. 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. 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. The landscape plan shall be in substantial compliance with the submitted application 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. 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 and shall include, but necessarily be limited to, stormwater quality treatment and relocation of existing storm lines. 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. Access to the property shall meet fire code as determined by the City of Kalispell Fire Chief. 10. The garbage enclosure shall be sized and placed in a location acceptable to the Kalispell Public Works Department, the Site Development Review Committee, and the Architectural Review Committee. IL . A sidewalk connection from the building to the public right-of-way shall be provided. 12. The water main extension shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to certificate of occupancy, a certification shall be submitted to the Public Works Department stating that the water main has been built and tested as designed and approved. 13. The developer shall submit water plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Dated this 2nd day of May, 2022. STATE OF MONTANA : ss County of Flathead Mark Johns n Mayor On this ate, day of , 2022 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. Is n Notary Public, State of Montana PAL. FoJUDIA.FUNK NOTARY PUBLIC for the We of Montana SEAL Residing at Kalispell, Montana OF � r2` My Commission Expires February 25, 2024