CUP Kramer/Apartmenta
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City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Ken Kramer
2900 Wilerest, Suite 245
Houston, TX 77042
Jackola Engineering and Architecture
PO Box 1134
Kalispell, MT 59903
LEGAL DESCRIPTION: Assessor's Tract 5ZA and a portion of Assessor's Tract 5-15 located in
Section 17, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana
ZONE: Low Density Residential Apartment, RA-1
The applicant has applied to the City of Kalispell for a conditional use permit to allow a 14 unit
apartment house to be built on approximately 1.17 acres in an RA-1, Low Density Residential Apartment
zone.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
December 9, 2003, held a public hearing on the application, took public comment and recommended that
the application be approved subject to nine conditions.
After reviewing the application, the record, the TCPO report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Tri-City Planning Office, Conditional Use Report #KCLJ-03-7 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 14 unit apartment in an RA-1, Low Density Residential Apartment zoning district
subject to the following conditions:
The proposal will be developed in substantial conformance with the approved site plan referenced
as Exhibit B and other application materials except as modified by these conditions. That the
conditions associated with this permit shall be met prior to occupancy of the buildings.
2, That a 20-foot utility easement be located along the northwest and northern property boundaries
for the future extension of water and sewer lines and the easement be recorded with the Flathead
County Clerk and Recorder's Office prior to the issuance of a building permit.
3. That the landscaping of the play/open space area and other portions of the site be in accordance
with a landscape plan approved by and coordinated with the City Parks and Recreation
Department.
4, That a boundary line adjustment with the property boundaries indicated on the site plan or those
necessary to accommodate the proposal be recorded with the Flathead County Clerk and
Recorders Office prior to the issuance of a building permit.
The proposal shall comply with the Kalispell Design. and Construction Standards for water,
sewer, storm drainage, and other applicable facilities which shall be approved by the City
Engineer prior to the issuance of a building permit.
6. The 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 Uniform Fire Code 1997
Appendix III -A. Fire hydrants shall be provided per city specifications at locations approved by
the fire department prior to combustible construction. File department access shall be provided in
accordance with the Uniform Fire Code requirements. Approved emergency vehicle turnarounds
shall be provided and dead end access roads that exceed 150 feet in length. Approved addressing
and signage shall be provided at an approved location on Fifth Avenue East in additional to
typical apartment signage.
7. To accommodate pick-up of residents by Eagle Transit service, locate the bus stop and access
area in accordance with the recommendations of Eagle Transit.
That a six foot tall perimeter fence be installed and landscaping along the north boundary of the
entrance road. Lighting shall be shielded and a trash site location which is approved by the
hauler.
9, 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.
Dated this 5th day of January, 2004,
STATE OF MONTANA
ss
County of Flathead
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Pamela . KenjKe y
Mayor
On this _. day of ? , 2004 before me, a Notary Public, personally appeared
Pamela B. Kennedy, Mayor of e 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, 1 have hereunto set my hand and affixed my Notarial Seal, the day
and year first above written.
SA
Notary Public, State of Montana
"►fit#„ `� Residing at Kalispell, Montana
4 . ` My Commission Expires
STATE OF MONTANACOUNW OF FLATHEADY ss
20040136qqn
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