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CUP Cascade Professional Park/91 and 95 Financial DriveReturn to: Kalispell City Clerk Po Box 1997 Kalispell, MT 59903 11111 HE 11111111111111 IN Page.Debbie Pierson, Flathead County MT by DD 2,,L:L, 2015 1:41 PM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: � Cascade Professional Park, LLC 5156 W. Golden Oak Lane Highland, UT 84003 (801) 380-7301 LEGAL DESCRIPTION: Lots 1 and 2 of the Amended Plat of Lot 1 of the Amended Plat of a Portion of Gateway west Addition #34, Flathead County, Montana ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the l construction of 12 residential apartment units consisting of three four -plea buildings on two lots located at 91 and 95 Financial Drive. The Kalispell City Planning Board and zoning Commission, after due and proper notice, on January 13, 2015, 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-14- 04 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 12 residential apartment units consisting of three four-plex buildings on two lots located at 91 and 95 Financial Drive in the B-2, General Business zoning district, subject to the following conditions: General 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. Cascade Professional Park CUP Page 1 IIIIIiiiiuiiiuiiiuiiiuiuiuiimumiuiiiiiiiiuiumi o:a;�,o,3,03Fees: $21.00 2. That the project be completed in substantial compliance with the application and submitted plans. 3. Pedestrian access from the main entrances of the buildings to the right-of-way be provided per Section 27.34.060(1) of the Kalispell Zoning Ordinance. 4. Recreational amenities, land with recreational value, or a combination thereof shall be provided per Section 27.34.060(2) of the Kalispell .zoning ordinance at the rate of 500 square feet of land area per unit, recreational amenities equivalent in value, or a combination thereof. 5. A greenbelt consisting of either a view -obscuring fence or hedge shall be established along the northern property line pursuant to Section 27.20.050 of the Kalispell zoning Ordinance. 6. The applicant shall obtain a written zoning determination combining both lots together for zoning purposes under Section 27.03.010(7) of the Kalispell zoning ordinance. The document allows city staff to review the two parcels as a single unit for purposes of area, dimensional, and other aspects of the zoning ordinance. 7. The boulevard area adjacent to the property within the right-of-way (typically the area between the curb and sidewalk, but, in this instance, including the area between the property line and the sidewalk due to the location of the sidewalk along the curb) shall be landscaped in a manner consistent with the Kalispell Landscaping ordinance. 8. Provisions for garbage collection shall be coordinated with the City of Kalispell or other private service provider if city service is not utilized. 9. The Architectural Review Committee shall review the project prior to issuance of a building permit. Approval of the conditional use permit does not grant Architectural. Review Committee approval. In order to better meet the four-sided architecture generally desired by the Architectural Review Committee, improvements to the rear of the buildings shall be incorporated into the final building design during the building permit application process. 10. The current layout of the project is based largely on utilization of a private, off site storm water catch basin. The applicant must secure a permanent easement to use those facilities. without a permanent easement, alternative plans for storm water will need to be developed, which may lead to a significant change in the overall layout of the site, including the possibility that there may be a reduction in the number of units that could fit onto the site. Cascade Professional Park CUP Page 2 IIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ;;°;;�oa0'3 z,,.,zo., .:41 PM 11. In order to meet fire code, an additional hydrant will be required to be placed at a location to be determined by the Kalispell Fire Department. 12. The applicant shall construct a fence along the west property line that is designed to limit access between the subject property and the property to the west. 44�� Dated this day of February, 2015. STATE OF MONTANA : ss County of Flathead Mark Johns�r� Mayor On this day ofGL6-txgNvn , 2015 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the City ofkalispell, 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 Amy hand and affixed my Notarial Seal, the day and year first above written. i Notlry Public, State of Montana AIMEE BRUNdUHORgT NOTARY PUBLIC for Ni OMMI-11-1,�w�» Cascade Professional Park CUP Page 3