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CUP Owl CorporationReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 III IIII II II III I III IIIII IIII IIIII IIIII IIIII IIII IIII IIIII III I I Jill 111111111111111111 p0a9e000 f 3 12 Fees. $21.00 Debbie Pierson, Flathead County PIT by DD 6/20/2017 1:39 A City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 a GRANT OF CONDITIONAL USE r1 APPLICANT: Owl Corporation �-L 500 Palmer Drive -� Kalispell, MT 59901 (406) 752-5666 LEGAL DESCRIPTION: Tract 5+ of Section 25, Township 29 North, Range 22 West, Flathead County, Montana ZONE: RA-2, Residential Apartment/Office The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of five (5) eight -unit apartment buildings on three lots located near the intersection of Taelor Road and Sawyer Lane within the Westview Estates Subdivision. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 9, 2017, held a public hearing on the application, took public comment and recommended that the application be approved subject to nine (9) 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-17- 03 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 five (5) eight -unit apartment buildings on three lots in the RA-2, Residential Apartment/Office zoning district, subject to the following 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. 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. 3. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 4. 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. 5. 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. 6. 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. 7. 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. 8. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department with approval prior to construction. 9. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm water Discharge Associated with Construction Activities. Dated this 5th day of June, 2017. STATE OF MONTANA : ss County of Flathead Mark Johnso Mayor On this day of s s �' - , 2017 before me, a Notary Public, personally appeared Mark Johnson, 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 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. JUDI A. FUNK NOTARY PUBLIC for the SEAL. State of Montana PA$IdkV at KatiaW. Monba My Canm "Expiry -Eem 25. 2= Notary Public, State of Montana