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CUP Maw/Appleway Multi-FamilyReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 APPLICANT: IIIIIIII II II IIIIIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIIII II III IIII IIII Page: 1 of 3 L. Fees: $21.00 Debbie Pierson, Flathead County MT by TM 2/15/2018 1:24 PM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE Steven Maw PO Box 7304 Kalispell, MT 59904 LEGAL DESCRIPTION: Lot 6A of the Amended Subdivision Plat of Lots 4, 5 & 6 of Appleway Business Park in the Northeast 1/4 of the Northeast 1/4, Section 13, Township 28 North, Range 22 West, P.M.M., 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 construction of two two-story, 4-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 January 9, 2018, held a public hearing on the application, took public comment and recommended that the application be approved subject to 13 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- 11 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 two two-story, 4-unit apartment buildings in the B-2, General Business 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. All utilities shall be placed underground. The building permit application site plan and elevations shall substantially comply with the approved site plan. 4. 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. 5. 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. 6. 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. 7. Appleway Drive shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include sidewalks, curb and gutter, street trees and boulevard adjacent to the applicant's property. 8. 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. 9. 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 on -site. 10. The rear yard fence located along the rear property line shall be a maximum of 4 feet in height and constructed to residential scale. 11. The solid waste pickup shall be angled to allow for truck accessibility. 12. A letter from the Public Works Department shall be submitted to the Building Department stating that all new public infrastructure has been accepted by the City of Kalispell. 13. The internal sidewalk system shall have one connection to the Rails to Trails pathway. Dated this 5th day of February, 2018. Chad Graham Counci- dent STATE OF MONTANA : ss County of Flathead On this day of -- P- � ( L; cx--< q , 2018 before me, a Notary Public, personally appeared Chad Graham, Council President of they 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. dUDI A. PUNK NOTARY PUBUC for for State of Montana �1SEALResiding e2�m TsExpMu OF 01 ftm PebnJary 25, 2020 Notary Public, State of Montana