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Montana Hotel Dev Partners/Eagles Lot Parking GarageV) a- C4 O W Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 I II III I II IIIII III IIIIIIII IIII I IIIII IIIII IIIIII I IIII 111111111111111111111111 II gage: Iof 2 Page:si of 2 Debbie Pierson, Flathead County MT by JW 10/20/2022 1:54 PM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Montana Hotel Development Partners, LLC Bill Goldberg 208 1st Avenue East Kalispell, MT 59901 LEGAL DESCRIPTION: Lots 17-24 of Block 46 of the Kalispell Original Township, as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. ZONE: B-4, Central Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of a parking structure and to allow for additional height over 60 feet on property located at 103/125 First Avenue West within the B-4 (Central Business) zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on September 13, 2022, held a public hearing on the application, took public comment and recommended that the application be approved subject to nine (9) 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- 02 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 a parking structure and to allow for additional height over 60 feet as a conditionally permitted use within the B-4 (Central Business) zone, 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. 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. 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. 6. 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. 7. 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 in conjunction with the issuance of any building permits. The developer shall provide pressure boosters for individual buildings, if necessary, that meet requirements of the Montana Department of Environmental Quality and the City of Kalispell in order to meet pressure requirements for water service and fire sprinkling. 9. The location of any necessary hydrants shall be determined by the Fire Chief. Dated this 3rd day of October, 2022. STATE OF MONTANA ss County of Flathead On this day of 0 C—,6�0-C , 2022 before me, a Notary Public, personally appeared Chad Graham, 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 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. JUDI A. FUNK NOTARY PUBLIC for Vo —� state of Montana Notary Public, State of Montana SEAL Residing at Kalispell, Monteni My Commission Expires FOFM February 25, 2024