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CUP Lofts at Ashley/2050 Airport RoadO 'O Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 Ilflill�llllllllllllilllillillllllll11llilVI11llll�Illil�lilllllliill�illllll�ll��lll11 Page: I o 2410 Debbie Pierson, Flathead County MT by NW 2/2/2017 1:3g PM0 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Lofts at Ashley, LLC P.O. Box 534 Bigfork, MT 59911 LEGAL DESCRIPTION: Tract 1 of Certificate of Survey #20138 in Section 19, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. ZONE: Residential, RA-1 The applicant has applied to the City of Kalispell for a conditional use permit to construct a multi -family apartment complex comprised of a 2-story 12-plex, 2-story 14-plex, partial 3-story 20- plex and nine (9) 2-story attached units (single-family row house design). The residential units will be comprised of 34 2-bedroom units and 21 3-bedroom units. The site plan also depicts parking and a berm acting as a buffer between residences to the west all located on a 3.8 acre parcel at 2050 Airport Road, Kalispell, Montana in the RA-1 zoning district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on December 13, 2016, held a public hearing on the application, took public comment and recommended the application be approved subject to 17 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-16-05 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct a multi -family apartment complex comprised of a 2-story 12-plex, 2-story 14-plex, partial 3-story 20-plex and nine (9) 2-story attached units (single-family row house design). The residential units will be comprised of 34 2-bedroom units and 21 3-bedroom units with parking and landscaping pursuant to the site plan submitted on an existing 3.8 acre parcel located at 2050 Airport Road, Kalispell, Montana in the Residential, RA-1 zoning district subject to the following 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. 2. That the development of the site shall be in substantial conformance with the submitted architectural and site plan drawings in regards to setbacks, landscaping, parking, recreational amenity and height. In particular, the building plans shall incorporate decks, roof pitch, colors and materials as shown on the architectural renderings submitted. 3. To ensure neighborhood compatibility, prior to the issuance of a building permit, all exterior finishes must be reviewed by the Architectural Review Committee to provide for neighborhood design character and aesthetics. 4. Future sanitary sewer connections east of the subject property are unlikely due to low-lying floodplains between Ashley Creek and Airport Road. Rather than extending the sanitary sewer main in Teal Drive to the far east property line as required in the City of Kalispell Design and Construction Standards, the development may opt to extend the sewer main west in Teal Drive far enough to provide future sewer service to lot 4C to the north of the subject property. If the development chooses this option to meet the intent of the City of Kalispell Design and Construction Standards, an appropriate easement for future sewer service shall also be provided through Entryway Landscape Area "A". 5. The existing water main south of the subject property shall be extended to connect with the existing water main in Teal Drive to form a looped connection. 6. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the City of Kalispell Construction and Design Standards. 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 8. Sidewalks, curb and gutter shall be constructed per the City of Kalispell Construction and Design Standards within the right-of-way of Airport Road the length of the property. 9. A minimum 15' wide unobstructed utility easement shall be provided for the existing storm main and appurtenances running adjacent to the westerly property line. Vehicle access shall be provided to maintenance points on the existing storm system. The 15' easement shall be outside of the landscaped berm as provided for in condition number 13. 10. If the storm main along the westerly property boundary is relocated, it shall be constructed per the City of Kalispell Construction and Design Standards. 11. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 12. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be in substantial compliance with the submitted renderings and approved by the Parks and Recreation Director prior to issuance of the building permit. 13. A minimum 6' tall landscaped berm with a 3:1 slope shall be constructed along the entire westerly property boundary. The berm shall be landscaped with grass, trees bushes and shrubs to form a pleasing sight obscuring visual barrier. The plan shall be approved by the Parks and Recreation Director. The toe of the berm shall be setback a minimum distance from the westerly property line in order to provide for drainage swell/feature to address storm water runoff. 14. The applicant shall provide a minimum 4' tall fence along the westerly property line in an area in which a fence does not exist at the time of construction. 15. Prior to any work within the public right-of-way along Teal Drive, the property/owner will work with the Parks and Recreation Director to establish tree protection zones and file a pennit for any tree removals with the Parks Department. 16. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided. 17. Prior to filing the building permit issuance, the Site Review Committee shall review the design and location of the mail delivery site. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Dated this 17th day of January, 2017. STATE OF MONTANA ss County of Flathead On this o), 3 dayof January, 2017 before me a Not Public personally appeared Jim Atkinson, rY, � �' , p Y pp Council President 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 he 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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