CUP Wade/3 Multi-Family Buildings20OG291L.
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Kalispell City Clerk
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PO Box 1997 .1
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Kalispell, MT 59901
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APPLICANT:
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City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
Lisa Wade
PO Box 312
Kila, MT 59920
LEGAL DESCRIPTION: Parcels A and B of Certificate of Survey 4789 located in the
Southwest Quarter of Section 17, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana
ZONE: RA-1, Low Density Residential Apartment
The applicant has applied to the City of Kalispell for a conditional use permit to allow the
construction of three multi -family buildings, consisting of one fourplex and two fiveplexes totaling
14 units in an RA-1 zone. Multi -family dwellings are allowed in the RA-1 zone as a conditionally
permitted use.
The Kalispell City Planning Board and zoning Commission, after due and proper notice, on
September 19, 2006, held a public hearing on the application, took public comment and
recommended that the application be approved subject to 25 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-06-
9 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 fourplex and two fiveplexes in the RA-1, Low
Density Residential Apartment zoning district subject to the following conditions:
1.. The proposal shall be developed in substantial conformance with the approved site plan and
other application materials except as modified by these conditions.
2006291 J(3 0 3 C7
2. 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 the
International Fire Code (2003).
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 International Fire Code
(2003).
3. The three large trees located along the western property boundary shall not be removed
unless the trees are dead or dying.
4. All utilities shall be placed underground.
5. 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.
Prior to Issuance of a Building..Permit:
6. The two existing lots shall be combined and the map filed with the Flathead County Clerk
and Recorder's office.
7. The project site's frontage along Fifth Avenue East 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. This infrastructure shall include but not be limited to streets, street lighting,
street signage, curb, gutter, boulevard and sidewalk and shall be installed along Fifth Avenue
East. New infrastructure along Fifth Avenue East shall tie into the existing street
infrastructure.
S. Water and sewer main extension shall be reviewed and approved by the Kalispell Public
Works Department.
9. The owner shall consult with the post office regarding a mail delivery site. Note: If a mail
delivery site is required along Fifth Avenue East, a reduction in the number of units may be
required in order to comply with the parking requirements.
10. That a good faith effort be made by the developer to provide access to the property to the
south where the existing parking lots serving the apartment complex is located to provide
connectivity between the sites.
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11. A revised landscape plan shall be provided to the Parks and Recreation Department for
review and approval. The plan shall specify tree and shrub type and size at the time of
planting as well as grass for groundcover around the apartment buildings, the parking areas
and the boulevard along Fifth Avenue East and the access driveway. The revised landscape
plan shall also focus on a combination of trees, bushes and green groundcover along the
northern project boundary to help buffer the apartment buildings from the adjacent residences
on the north.
12. A revised site plan shall be submitted showing the mailbox location, required number of
parking spaces, existing trees along the western property boundary to remain, the sidewalk
connection from the access driveway to the sidewalk along Fifth Avenue East and a five-foot
boulevard strip along the north side of the access driveway.
13. Plans submitted to the Kalispell Architectural Review Committee shall include four sided
architecture and incorporate one or more of the following: dormers, shutters, varying window
sizes and accent colors.
14. That a 20-foot utility easement be located along the eastern property boundary for the future
extension of water and sewer lines and the easement be recorded with the Flathead County
Clerk and Recorder's office.
15. The owner shall provide cross easements across the northern and southern property
boundaries of the project site to allow for future multi -family buildings to share the driveway
and/or parking areas. The easements shall be recorded with the Flathead County Clerk and
Recorder's Office.
16. The developer shall submit to the Kalispell Public Works Department an engineered drainage
plan that meets the requirements of the current city standards for design and construction.
17. The developer shall submit to the Kalispell Public Works Department an erosion/sediment
control plan for review and approval.
Prior to issuance of a Certificate of Occupancy:
18. The access driveway, parking spaces, sidewalks serving the apartment complex, mailbox,
and necessary lighting shall be installed.
19. The two parking spaces along Fifth Avenue East shall meet the minimum size requirements
for a parking space, 9' x 20', and shall be paved and striped accordingly.
20. A certification shall be submitted to the Public Works Department stating that the
improvements have been built as designed and approved.
21. A letter from the Kalispell Public Works Department shall be submitted to the Building
Department stating that all new infrastructure has been accepted by the City of Kalispell.
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22. If necessary a concrete walkway shall be constructed to connect the sidewalk to the mail
boxes.
23. The approved engineered drainage plan shall be implemented.
24. All landscaping shall be installed per the approved landscape plan.
25. The privacy fences shall be installed and have a minimum height of 6 feet and be constructed
out of solid wood or vinyl on bath the north and south sides of the project site in the areas
shown on the site plan.
Dated this 16th day of October, 2006.
STATE OF MONTANA
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County of Flathead
Pamela B. Kenne y
Mayor
On this Z day of , 2006 before me, a Notary Public, personally
appeared Pamela B. Kennedy, Mayor of the 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, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Residing at Kalispell, Manta a
My Commission Expires ,.9