Mark Gillette/Brownstone Project/428 1st Ave WReturn to: I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IN III III IIII IN P.O.: ,00 oz io
Kalispell City Clerk Debbie Pierson, Flathead County MT by SM 1/6/2023 3:51 PMO
PO Box 1997
Kalispell, MT 59903
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Mark Gillette
1063 Silvertip Drive N
Bigfork, MT 59911
LEGAL DESCRIPTION: Lots 7 and 8 of Block 74 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 multi -family residential development with up to four dwelling units as part of a
mixed -use property located at 428 First Avenue West within the B-4 (Central Business) zone.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
December 13, 2022, held a public hearing on the application, took public comment and
recommended that the application be approved subject to 11 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-
03 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 multi -family residential development with up to
four dwelling units as part of a mixed -use property 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. To ensure the property is appropriately 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. 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.
7. 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.
Access to the property shall meet fire code as determined by the City of Kalispell Fire Chief.
9. 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.
10. A sidewalk connection from the building to the public right-of-way shall be provided.
11. The applicant shall either aggregate the lots or record a zoning lot determination.
Dated this 3rd day of January, 2023.
STATE OF MONTANA
: ss
County of Flathead
Mark John
Mayor
On this —� day of , 2023 before me, a Notary Public, personally
appeared Mark Johnson, Mayor of the City of alispell, 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 BRUNCKHORST NOTARY PUBLIC for the
�z NOTARIAXState of Montana No-'ky Public, State of Montana
SEAL *_ Residing at
;N9r P=` Lakeside, Montana
F0/1110�MO��` My Commission Expires
December 04, 2024