CUP Calaway/Muti-family ApartmentsReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
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Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM
4 City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
0
GRANT OF CONDITIONAL USE
APPLICANT: Tim Calaway
Calaway Brothers, LLC
c 365 Riverbend Road
Bigfork, MT 59911
LEGAL DESCRIPTION: Parcels A and B of Certificate of Survey 15239, and Tract 1 of
Certificate of Survey 11786 in Section 7, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana
ZONE: Residential Apartment/Office, RA-3
The applicant has applied to the City of Kalispell for a conditional use permit to construct
eight multifamily units in an RA-3, Residential Apartment/Office zone. The buildings would range
from a 3,100 square foot 6-plex to a 5,600 square foot 12-plex for a total of sixty-five dwelling units.
A clubhouse would also be constructed.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
March 10, 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-09-2 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 multifamily units on property located at 1079 North Meridian Road in an RA-3,
Residential Apartment/Office zoning district subject to the following conditions:
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Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM
General Conditions:
1. Street development within the 30-foot right-of-way shall be as follows:
30-foot right -of -wad
20-foot wide paved travel surface with curb, gutter and 5-foot landscaped boulevard on the
south side only. Note: Sidewalks will be installed outside the 30-foot right-of-way
Note: Front and side corner setbacks shall be measured from the future right-of-way line.
2. Prior to the city accepting the ownership and maintenance of the right-of-ways and streets the
streets shall be privately maintained and open for public use.
3. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2006).
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with International Fire Code
(2006).
d. It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
4. All utilities shall be placed underground.
5. 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.
6. The peak of the roof for the two twelve plex buildings shall not exceed an elevation of 3,050
feet.
Prior to Issuance of a Building Permit:
7. The developer shall submit a revised site plan for city staff to review and approve
incorporating all the conditions of approval prior to issuance of a building permit.
8. The developer shall provide the Public Works Department with a consent to dedicate the 30-
foot right-of-way, including sidewalk easements for the future city streets within the project
site.
9. The parking lot entrance serving the eight-plex shall be moved to the east to avoid future
traffic conflicts once the access drive off of North Meridian Road becomes a city street.
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10. The developer shall provide the Public Works Department with the following plans which
comply with Kalispell's Design and Construction Standards:
• Water main lines
• Sewer main lines
• Stormwater drainage report
• Stormwater management for erosion/sediment control
Lte:
Future city streets
Boulevard landscaping shall be reviewed and approved by the Parks and Recreation
Department
The plans shall be reviewed and approved by the Public Works Department prior to
construction.
11. Prior to issuance of the first building permit on the site a traffic impact analysis shall be
submitted to the public works department for their review and approval. The traffic impact
analysis shall be conducted in accordance with Section DS-05 of the Kalispell Standards for
Design and Construction.
12. Plans submitted to the Kalispell Architectural Review Committee shall include four sided
architecture and shall substantially comply with the application materials submitted. Note:
Architectural embellishments are not needed on the east side of the buildings adjacent to
Highway 93.
13. Bike racks shall be included in the plans for each of the units that will accommodate a
minimum of five bicycles.
14. 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 buildings and the parking areas. The revised
landscape plan shall also focus on a combination of landscaping and fencing to screen the
garbage dumpsters.
Prior to issuance of a Certificate of Occupancy
15. Prior to issuance of a certificate of occupancy for the 12-plex units a 10 foot paved pedestrian
access shall be completed that is a continuation of planned pedestrian/bike pathways from the
12-plex units south to connect with Underhill Court.
16. The street, parking spaces, sidewalks serving the apartment complex, mailbox, and necessary
lighting shall be installed.
Note: The 20-foot wide street serving the four 6-plex units may be phased in one unit at a
time. Temporary turnarounds may be needed based on a review by the Kalispell Fire
Department.
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Paula Robinson, Flathead County MT by NC
4/10/2009 8:20 AM
17. A certification by a licensed engineer shall be submitted to the Public Works Department
stating that the improvements (water and sewer mains, streets, drainage plan) have been built
as designed and approved.
18. A letter from the Public Works Department shall be submitted to the Building Department
stating that all new city infrastructure (water and sewer mains) has been accepted by the city.
19. All required mitigation from the approved traffic impact analysis shall be completed.
20. Bike racks shall be installed per the approved plan.
21. All landscaping shall be installed per the approved landscape plan or bonded for.
Dated this 6th day of April, 2009.
M. Duane Larson
Council President
STATE OF MONTANA
ss
County of Flathead )
On this 7Y' day of1. , 2009 before me, a Notary Public, personally
appeared M. Duane Larson, Council President 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.
F Notary Public, State of Montana
e,1OTARlq� Printed Name:�G-�%}'�
" Residing at Kalispell, Montana
SEAL
My Commission Expires
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