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Briggs Anderson/The Harper410 9 e0 IIIIIIII II II IIIIIIIII IIIII IIIIIIIIII IIIII IIIII IIIIIIIIIIIIIII IIIII IIIIIIIII II I III IIII IN Page: gI of65 46 Debbie Pierson, Flathead County MT by JW 7/7/20Fees: 32 AMD Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 APPLICANT: LEGAL DESCRIPTION: ZONE: City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE Briggs Anderson (30 Appleway, LLC) PO Box 4445 Missoula, MT 59802 See attached Exhibit A 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 40 dwelling units as a conditionally permitted use on property located at 1280 Highway 2 West within the B-2 (General Business) zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on November 9, 2021, held a public hearing on the application, took public comment and recommended that the application be approved subject to twenty-eight (28) 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- 10 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 40 dwelling units as a conditionally permitted use within the B-2 (General Business) zone, 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. 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 and Architectural Review Committee 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. 8. 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. 9. Water and sewer mains shall be extended within the public right-of-way to the western property line. Valves shall not be placed under the sidewalk. Modifications to the service lines shown on the proposed plans shall be made as part of the building permit and site review process. 10. 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. 11. 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. 12. The Montana Department of Transportation shall review and approve the access to the property and any required encroachment and utility permits from MDT shall be obtained for any work in the right-of-way. 13. The full frontage on Highway 2 West shall be improved to an urban principal arterial standard including, but not necessarily limited to, curb/gutter, landscape boulevard, and an 8- foot concrete sidewalk. The sidewalk shall tie into the existing sidewalk to the east in a manner to be determined by the Public Works Department. The sidewalk shall extend through both approaches with the approaches between the sidewalk and the highway to be concrete. 14. Pedestrian accesses from the main entrances of the building to the public right-of-way shall be provided, including a connection of the eastern sidewalk along the main entrance to the building as well as a connection along the western property line, if required by the Site Development Review Committee. All sidewalks and trails should be concrete and meet city design standards. 15. Construction of the storm water outlet and other utility work may require a floodplain development permit and related permitting. Any required permitting related to the floodplain, creek, or wetlands shall be obtained prior to construction. 16. Access to the multi -family development shall be designed to meet the provisions of Section 27.20.140 of the zoning ordinance, which requires every building to be constructed to have access to a public street or an approved private street, with safe convenient access for servicing, fire protection, and required off-street parking. 17. Turning radius dimensions in the parking lot shall be designed as shown in Appendix A of the zoning ordinance and address overhangs from the carports as part of the clearance. 18. A minimum of 5% of the total interior parking lot area (excluding any required landscape buffers and general landscaping areas) shall be landscaped. 19. A total of three handicap accessible parking spaces shall be provided in conjunction with the multi -family building in addition to the two spaces provided with the other uses. 20. Support posts for the carports shall need to be accounted for in the design of the parking layout to ensure that each parking space has a minimum nine -foot clear width and that all ADA requirements are met. 21. The final design for the Jiffy Lube circulation shall incorporate design elements to eliminate the potential conflicts in the parking area south of the building. 22. The Mudman site shall not include any drive -through or stacking lanes unless reviewed and approved by the Site Development Review Committee. It also shall not include storage of the mobile vending trailer without providing an appropriate location that does not interfere with required parking spaces or aisles. 23. Setbacks for the carports shall be met based on the final property line configuration. 24. A Geotech report shall be prepared and submitted to be reviewed and approved by the City of Kalispell prior to construction. 25. The boundary line adjustment as well as easements/common facility agreements shall be completed prior to construction. 26. Access to the subject property shall meet fire code as determined by the City of Kalispell Fire Chief. 27. The garbage enclosures shall be redesigned in terms of capacity, location, and access in a manner acceptable to the Kalispell Public Works Department. 28. The final number of units on the property may be less than the 40 proposed once conditions of approval are addressed and the project is reviewed during the building permit and site review process for compliance with city rules and regulations. Dated this 6th day of December 2021. STATE OF MONTANA : ss County of Flathead Mark John o Mayor On this day of 1�e�yrrzr , 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. EE BRUNCKHORST uui, ABM PUBI �C for the ``�eµUNC,Yy��i NO State of Montana 9 ' Residing at N NO-T RIA� *= lakesideMontana. ;* SEAL =Q; isslon Expires ?: Coma 24 01: Mpecember 04, 20 �uJl� Notaly Public, State of Montana Exhibit A Lot 2A and Parcel 'A' of the Amended Plat of Lot 2 of Pack Addition, with Parcel 'A' being more particularly described as Commencing pt the northwest corner of Tract 1 of Certificate of Survey No 21137 (records of Flathead County, Montona) which is a found iron pin; Thence N8r19'44E 5.65 feet to a set iron pin and THE TRUE POINT OF BJWDMW OF 7W 27UCT OF L4ND ilSRM Dom: Thence NOa0814 "w 35.89 feet to a set iron pin on the southeasterly R/W of U.S Ifighway No. 2,• Thence along said R/W N48.3950"E 72.27 feet to a found Iron pin; Thence leaving said R/W S38'18071E 15.00 feet to a set iron pin; Thence S40'0704- 2tX 1 91.68 feet to a set iron pin; Thence S891944W ;22.16 feet to the point of beginning and containing 0.138 ACRES; Subject to and together with all appurtenant easements of record. according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, together with Tract 1 of Certificate of Survey No. 21137, and together with (A A TRACT OF LAND SITUATED, LYING AND BEING IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 26 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA; THENCE S89016'29"W AND ALONG THE SOUTH BOUNDARY OF THE SOUTHEAST QUARTER OF SAID SECTION 12, 1.309.87 FEET; THENCE N00041'21"E 30.00 FEET TO A FOUND IRON PIN WHICH IS THE SOUTHEAST CORNER OF 4B'S ADDITION NO.4S (PLAT OR MAP IS ON FILE AT THE FLATHEAD COUNTY CLERK AND RECORDER'S OFFICE); THENCE CONTINUING N00041121"E AND ALONG THE EAST BOUNDARY OF SAID 4B's ADDITION NO.45, 629.91 FEET TO A FOUND IRON PIN AND THE TRUE POINT OF BEGINNING OF 9 t' THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUING NOW4171"E 31.31 FEET TO THE NORTHEAST CORNER OF SAID 4B's ADDITION NO. 45 WHICH POINT IS ON THE SOUTHERLY R/W LINE OF U.S. HIGHWAY NO. 2; THENCE N49032404E AND ALONG SAID HIGHWAY R/W LINE 13.80 FEET TO A POINT ON THE FAST BOUNDARY OF THE SOUTHWEST QUARTER SOUTHEAST QUARTER OF SAID SECTION 12; AS SHOWN ON CERTIFICATE OF SURVEY NO.6669; THENCE S00037'03"W AND ALONG SAID EAST BOUNDARY 40.13 FEET TO A FOUND IRON PIN ON THE NORTH BOUNDARY OF THAT TRACT OF LAND OWNED BY JACK CARVER AS SHOWN ON SAID CERTIFICATE OF SURVEY NO.6669; THENCE S8901410"W AND ALONG THE NORTH BOUNDARY OF SAID TRACT, 10.45 FEET ITO THE PLACE OF BEGINNING. All in the Southeast Quarter of Section 12, Township 28 North, Range 21 West, P.M.M., Fathead County, Montana.