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CUP/Brytech Construction (Crossings at Spring Creek)Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 I 1 II 1III1111 IN 2018000045:I 38 Debbie Pierson, Flathead County MT by DD 3/7/24Fees::24 PMD City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE t11 APPLICANT: Brytech Construction, LLC 4 9708 N. Nevada Street O Spokane, WA 99218 M LEGAL DESCRIPTION: Tract 1 of Certificate of Survey #20690 in Section 12, Township 28 North, Range 22 West, P.M.,M., 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 a 324-unit multi -family apartment complex in a RA-2 zone. Multi -family dwellings are allowed in the RA-2 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on February 13, 2018, held a public hearing on the application, took public comment and recommended that the application be approved subject to 17 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- 10 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 324-unit multi -family apartment complex in the RA-2, Residential Apartment/Office zoning district subject to the following conditions: General 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. 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. 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 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. 6. 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. The water main shall be extended to the southern property boundary. 7. A letter from the Kalispell Public Works Department shall be submitted to the Kalispell Building Department stating that for each phase all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work prior to the issuance of a building permit. The terms and conditions of a Traffic Impact Study (TIS) shall be complied with prior to the issuance of a building permit for each phase. 9. Two Mile Drive shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. 10. Teton Street shall be extended to the western property boundary and constructed in accordance with the City of Kalispell Construction and Design Standards. 11. The project access onto Two Mile Drive shall line up with Cooper Lane on the south side of Two Mile Drive. 12. Access to the site from both Teton Street and Two Mile Drive shall be constructed with Phase 1. 13. 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 approved by the Parks Department prior to issuance of the building permit. 14. Trees shall be planted along the perimeter of the property of height and intensity to obscure the garages and apartment buildings. The tree planting plan shall be approved by the Parks and Recreation Director prior to issuance of building permit. 15. 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. 16. A Floodplain Development Permit shall be obtained from FEMA prior to any construction in the 100-year floodplain. 17. This project shall be submitted to the Kalispell Site Review Committee prior to issuance of a building permit for any phase to ensure all conditions have been met or properly addressed. Dated this 5th day of March, 2018. STATE OF MONTANA : ss County of Flathead Mark Johnso' Mayor On this day of M oLye-l-,- , 2018 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. eauNcfiy AIMEE BRUNCKHORST Q`�,ot^Rrti°9s� NOTARY PUBLIC for the *: * EAL:r State of Montana Residing at Lakeside, Montana 9rFo,"�o�°�p= My Commission Expires December 4, 2020 NoPary Public, State of Montana