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CUP The Sparrow Group/Depot PlaceReturn to: 1IIIIIIII II II IIII IIII IIIIIIIIIIIills Hill illll illll IIIIIIIII(IIII IIIII IIII II II IIII IN Page: I of 3 b3 Kalispell City Clerk Page: 1 1.00 I� S' Paula Robinson, Flathead County MT by NW 8/7/2012 `Fees:$ 46 PM PO Box 1997 Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 q GRANT OF CONDITIONAL USE APPLICANT: The Sparrow Group Alex Burkhalter PO Box 2099 Missoula, MT 59806 (406) 251-5076 LEGAL DESCRIPTION: Lot 3 of Kalispell Market Place Phase III located in the Southeast Quarter of Section 7 and the Southwest Quarter of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: Central Business, B-4 The applicant has applied to the City of Kalispell for a conditional use permit to build a 40- un.'. apartment building for low income seniors on a two acre lot. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 10, 2012, held a public hearing on the application, took public comment and recommended that the application be approved subject to fourteen 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-12-2 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to build a 40-unit apartment building for low income seniors in a Central Business, B-4 zoning district subject to the following conditions: IIIIIIIIiIII IIIIIIIIIIIIiilillllull lulllulllulllullll�i IIII III IIII II III II IIII Page: 2 of 3133 Fees: $21.00 8/7/2012 3:46 PM On -going conditions: 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. All utilities shall be placed underground. Prior to the issuance of a building_ permit: 3. The building permit application site plan and elevations shall substantially comply with the approved site plan. 4. A parking lot plan drawn in accordance with chapter 27.24 of the zoning ordinance shall be reviewed and approved by the planning department. The plan shall also include an approximate time for parking lot paving. 5. The project site's frontage along East Center Street and Third Avenue EN shall be improved in accordance with the City of Kalispell's Standard for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. • For East Center Street the infrastructure improvements shall include but not be limited to street paving, curb, gutter, landscape boulevard, sidewalk and storm water. • For Third Avenue EN the infrastructure improvements shall include curb, gutter and sidewalk replacements for the driveway sections. 6. Water and sewer main extension and modifications shall be reviewed and approved by the Kalispell Public Works Department. 7. A storm water management plan designed in accordance with the city's Storm Water Standards shall be submitted to the Public Works Department for review and approval. 8. The Kalispell Fire Chief shall review the water main extension and determine whether an additional hydrant is needed to serve the building and its location. 9. A revised landscape plan shall be provided to the Kalispell Parks and Recreation Department and Planning Department for review and approval. The plan shall specify tree and shrub type and size at the time of planting for the parking areas, areas around the building and the boulevard along East Center Street. The revised landscape plan shall also include irrigation plans and fencing details for the fence along Third Avenue EN. 10. The developer shall provide building details for the garbage enclosure. Any doors associated with the garbage enclosure are prohibited from extending into the private street. II�I�IIIIIIIIII�II�IIIIIIIIIII�II�II��IIIIIIII�IIIIIIIII IIIII��IIIIIIIIIIIII�IIIIIIII FPage: 3 of 3 ees: $21 0033 8/7/2012 3:46 PM Prior to the issuance of a Certificate of Occupancy 11. A certification shall be submitted to the Public Works Department stating that the improvements have been built as designed and approved. 12. A letter from the Kalispell Public Works Department shall be submitted to the Kalispell Building Department stating that all new infrastructure has been accepted by the City of Kalispell. 13. The approved storm water plan shall be implemented. 14. All landscaping shall be installed per the approved landscape plan. Dated this 6th day of August, u_st, 2012. STATE OF MONTANA : ss County of Flathead Tammi Fisher Mayor On this day of ud , 2012 before me, a Notary Public, personally appeared Tammi Fisher, Mayor of the 'ty 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. •Rc`Sq }' UT���, Ay/, ' Notary Public, State of Montana Printed Name: T�= qC jF/� l2C- SN GtJH� ® Residing at Kalispell, Montana e My Commission Expires 0 �OFMON �