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CUP Husky Street AptsReturn to: Kalispell City Clerk PO Box 1997 I II I II I II IIII III IIII III IIII II II II III I I I II I I I ( III 2Page: I of 3 01700019052 Kalispell, MT 59903 Fees:VIM Debbie Pierson, Flathead County MT by DD 8/8/2017 1:PM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE j0 b APPLICANT: Jackola Engineering and Architecture PO Box 1134 tA [ A Kalispell, MT 59903 LEGAL DESCRIPTION: A tract of land located in Lot 1 of Block 1 of Lewis and Clark Addition in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Beginning at the Northwest corner of said Lot 1 of Block 1; thence easterly along the southern boundary of Husky Street a distance of 240 feet to a point; thence southerly and parallel to the easterly boundary line of Kinshella Avenue a distance of 170 feet to a point; thence westerly and parallel to the southern boundary of Husky Street, a distance of 240 feet to a point of intersection with the easterly boundary line of Kinshella Avenue; thence northerly and along easterly boundary line of Kinshella Avenue, a distance of 170 feet to the point of beginning. ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of one three-story, 24-unit apartment building units in a B-2 zone. Multi -family dwellings are allowed in the B-2 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 11, 2017, held a public hearing on the application, took public comment and recommended that the application be approved subject to 10 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- 06 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 one three-story, 24-unit apartment building in the B-2, General Business 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 and recreational amenity. 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, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on - site and approved by the Kalispell Parks and Recreation Director. 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. 10. Sidewalks shall be constructed along the property frontage of Glenwood Drive and Husky Street. Dated this 7th day of August, 2017. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of c aS , 2017 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the C y 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. At BRtlt4CKHORSi No ary Public, State of Montana NOTARY PUB►'C for the State of MontanMontane Residing et iakes�de, Tres MY ComMhwr 4 2020