CUP Orchard Village 4-PlexReturn to:
Kalispell City Clerk
PO Box 1997
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Kalispell,MT 59901 1111111 IN s:aovm8.00Paula Robinson, Flathead CountV MT bv NW 61512013 0
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Orchard Village, LLP
PO Box 7505
Kalispell, MT 59904
LEGAL DESCRIPTION: Tract 16A located in the Northwest Quarter of the Northeast Quarter
of Section 13, Township 28 North, Range 22 West, P.M.M. . Flathead
County, Montana
ZONE:
General Business, B-2
The applicant has applied to the City of Kalispell for a conditional use permit to build a 4-
plex apartment building on a lot containing an existing single family residence.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
May 14, 2013, held a public hearing on the application, took public comment and recommended that
the application be approved subject to twelve 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- 13-2 as the Council's findings
of fact, and issues and grants to the above -described real property a conditional use permit to build a
4-plex apartment building on a lot containing an existing single family residence in a General
Business, B-2 zoning district subject to the following conditions:
On -going 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.
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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. The project site's frontage along Appleway Drive shall be improved in accordance with
the City of Kalispell's Standards 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. Specifically for Appleway Drive this shall include the extension of
sidewalks, drainage swale, street tree and boulevard improvements.
5. Water and sewer main extensions and modifications shall be reviewed and approved by
the Kalispell Public Works Department.
6. 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.
7. The Kalispell Fire Chief shall review the existing water main extension and determine
whether an additional hydrant is needed to serve the building and its location.
8. A revised landscape plan shall be provided to the Kalispell Parks and Recreation
Department and Planning Department for review and approval. The plan shall:
a. Specify tree and shrub type and size at the time of planting around the 4-plex,
b. Show boulevard trees along Appleway Drive (if required),
C. Include irrigation plans for the site,
d. Show the proposed picnic tables and barbeque areas,
e. Show sidewalks from the 4-plex to the parking lot to the east and from the 4-plex
south to the Meridian trail,
f. Show access points onto the Meridian trail.
Prior to issuance of a Certificate of Occupana:
9. A certification shall be submitted to the Public Works Department stating that the
improvements have been built as designed and approved.
10. A letter from the Public Works Department shall be submitted to the Building
Department stating that all new public infrastructure has been accepted by the City of
Kalispell.
11. The approved storm water plan shall be implemented.
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12. All landscaping, sidewalk work and park amenity work specified in condition #8 shall be
installed per the approved landscape plan.
Dated this 3rd day of June, 2013.
Tammi Fisher`s
Mayor
STATE OF MONTANA )
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County of Flathead 1892
On this day of , 2013 before me, a Notary Public, personally
appeared Tammi Fisher, Mayor of th ity 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.
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Notary Public, State of Montana
Printed Name: /,////7-1::-
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Residing at Kalispell, Montana
My Commission Expires,Expires,3 I.Q 919011
2005213 16116
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That portion of the Northwest Quarter of the Northeast Quarter (NW%NE%) of Section
13,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana and more
particularly described as follows:
A strip of land 68 feet in width along the East side of the NWy4NEY4bounded on the
North by the South line of the county road, and on the South by the North line of the
Great Northern Railway right-of-way, and more particularly described as follows:
Beginning at a point 30 feet South of the NE corner of the said NWY4NEI/4,- thence along
the East line thereof
South a distance of 320 feet t the North line of the Great Northern Railway right-of-way;
thence along the North line of said right-of-way
Southwesterly a distance of 70.83 feet to a point; thence
North and parallel with and distant 68 feet West of the East line of the tract herein
described a distance of 336.12 feet to the South line of the county road; thence along
the South line thereof
East a distance of 68 feet to the Point of Beginning.
STATE OF MONTANA, COUNTY OF FLATHEAD
Recorded at the it quest of this day ',,.of* 12005,
at -1� o'clock and duly recorded in the records of Flathead County, Montana.
Document No.
Fee $ Paid
Return To: COVr-k LL?
County Clerk and Recorder
Deputy
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615/2013 4:00 PM