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CUP Calaway/Multi-Family Units20041 G2 t S-6,q Ci City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Tim Calaway Calaway Brothers, LLC 365 Riverbend Road Bigfork, MT 59911 LEGAL DESCRIPTION: Parcels A and B of Certificate of Survey15239, 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 several multifamily units in an RA-3, Residential Apartment/Office zone. The buildings would range from six to twelve units each for a total of sixty-seven dwelling units. A clubhouse would also be © constructed. �9 The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 11, 2004, held a public hearing on the application, took public comment and recommended that the application be approved subject to 13 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 OKCU-04-4 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: 1. The proposal will be developed in substantial conformance with the approved site plan 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 the parking areas along the side yard setbacks be relocated to within 10 feet of the property boundary and that a minimum of five feet of the setback area be landscaped with live materials. 3. That the parking and circulation area for the proposed nine unit apartment complex be redesigned to accommodate two way traffic with minimum 20 foot wide driving aisles or to accommodate one way traffic with a minimum driving aisle of 12 feet. 4. That the landscaping of the site be coordinated with the City Parks and Recreation Department and be completed prior to occupancy or adequately addressed otherwise. River rock, gravel or other hard surface material is not an acceptable landscape product. 5. The proposal shall comply with the Kalispell Design and Construction Standards for water, storm drainage, and other applicable facilities which shall be approved by the City Engineer 2004162 prior to the issuance of a building permit. 6. The following requirements shall be met per the Kalispell 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 Uniform Fire Code (1997) Appendix III -A. 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 Uniform Fire Code (1997) Article 9. 7. Sidewalks shall be provided within the site in addition to those shown on the site plan along the southern portion of the nine unit apartment complex, along the southern boundary of the internal landscape island, along the western side of the 12 unit building and along any other portion of the internal access areas to ensure a continuous pedestrian sidewalk throughout the development. 8. Construction traffic shall be restricted to North Meridian Road for ingress and egress to the site and shall not utilize Underhill Court or Arizona Street. 9. That bike racks be installed for each of the units that will accommodate a minimum of six bicycles. 10. That a public transportation drop-off and pick-up area be coordinated through Eagle Transit and developed on the site. 11. That a lighting plan be developed for the site that uses low level lighting that is hooded and directed to the intended area and that does not impact adjoining properties. 12. SecondM access of prgposed development onto Underhill Court be emergency ingress.and e ess onl • and such in ess and e ess would need to be coordinated with Emer enc Services — i.e., Fire Department, Ambulance and Police. 13. 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 7th day of June, 2004. Pinela B. Kennedy' Mayor -- STATE OF MONTANA t ss County of Flathead On this day of2004 before me, a Notary Public, personally appeared;� Pamelal. Kennedy, Mayor`of the City of Kalispell, known to acme 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. tSA ... •` d�,q «"�", R Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires /916 JA 57"A.TE0Fa 01V7-,4NA L0UA17-Y0FFLA7NEAD) ss RECORDED IN T AR-ORD,S OFFLATT AD COWTY 57X72F0F41aVT4AT 77-/,F