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Owl Corp/Owl View Multi-Family20220g0016740 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III IIIIIIIIIII7/2022 IIIIIIIIIIIIIIIIIIIII'erson s:43 .00 Debbie P, Flathead County MT by 3WAM Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 aJ City of Kalispell P. O. Box 1997 ��. Kalispell, Montana 59903-1997 4 LA GRANT OF CONDITIONAL USE a APPLICANT: Owl Corporation 500 Palmer Drive Kalispell, MT 59901 LEGAL DESCRIPTION: Lot IA of the Amended Plat of Lots 1 and 2 of Owl View Subdivision, as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ZONE: RA-2, Residential Apartment/Office The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of ten (10) 12-unit apartment buildings, including a clubhouse facility, located on the west end of Sawyer Lane within the Westview Estates Subdivision. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on March 10, 2020, 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-20- 01 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 ten (10)12-unit apartment buildings, including a clubhouse facility, in the RA-2, Residential Apartment/Office zoning district, subject to the following conditions: 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 application and architectural/site plan drawings. 3. Prior to commencement of any development of the site, appropriate plans shall be submitted to the City for review and approval, including, but not limited to, approval by the Site Review Committee. 4. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 5. 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. 6. 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. 7. 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. 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 Standards for Design and Construction. 9. 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. Services or mains shall not be extended under any perimeter walls (e.g. along Old Reserve Drive or Stillwater Road). 10. 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. 11. Prior to issuing a building permit, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 12. The eastern half of Stillwater Road shall be upgraded to urban collector standards and shall be designed to meet the City of Kalispell Standards for Design and Construction. 13. Phasing of the extension of Sawyer Lane and improvements to Stillwater Road shall proceed as follows unless modified with the consent of the Site Review Committee: Phase 1: The first extension of Sawyer Lane would go from the existing west end to approximately the curve near Building 4. Buildings 1 and 2 may begin construction prior to the extension, although it would need to be completed prior to completing construction on Building 2. Buildings 3, 4, and 7 could also be constructed once this phase is completed. Dedication of Sawyer Lane and the additional ten feet of right-of-way for Old Reserve Drive shall be accomplished prior to acceptance of the improvements for Phase 1 or additional phases of the road extension. Phase 2: The second extension would go to the intersection with Rex's Road. Buildings 5, 6, and 8 could be constructed once this phase is completed. Phase 3: The final extension of Sawyer Lane connecting to Stillwater Road would also include the required improvements to Stillwater. After this phase is completed, Buildings 9 and 10 could be constructed. Dated this 6th day of April, 2020. STATE OF MONTANA ss County of Flathead Mark John Mayor On this t day of V— 1 , 2020 before me, a Notary Public, personally appeared Mark Johnson, Mayor of t e 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 BRUNCMORSTNot ry Public, State of Montana OTARY PUBUC fot the State of Montane My Comma n Expir"