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CUP NW Healthcare/Athletic Club`95013 E9SI o City of Kalispell P.O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Northwest Healthcare Corporation David Meredith ADDRESS: 310 Sunny View Lane Kalispell, MT 59904 LEGAL DESCRIPTION: See Exhibit "A" OWNER: Northwest Healthcare Corporation 310 Sunnyview Lane Kalispell, MT 59904 ZONE: Health Care, H-1 Northwest Healthcare Corporation, applicant, applied to the City of Kalispell for a conditional use permit to construct and operate an 85,000 square foot, two story athletic club on the property described above. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on August 9, 1994, held a public hearing on the application, and took public comment. Representatives from Northwest Healthcare spoke in support of the project. Stan Watkins, owner of another athletic club, spoke in support of requiring conditions and uniform requirements for athletic clubs. The Board after discussion amended the conditions requiring the Meridian Road extension, adopted #KCU 94-16 as the findings of fact and approved the conditional use permit subject to fifteen conditions. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-94-16 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit for the construction and operation of 85,000 square foot, two story athletic club subject to the following conditions: SECTION I. 1, Development of conformance with of approval. the site shall be in substantial the submitted site plan and conditions 2. A final Site plan indicating the necessary modifications be submitted to the Site Plan Review Committee for their approval. 3. The developer shall provide off-street parking per Kalispell Zoning ordinance requirements.approved by Cross ccess and parking agreements shall be app permit. ty Attorney prior to issuance of a building p 4, The proposed parking lots and access areas shall be designed in accordance with Chapter 27.26 of the Kalispell City Zoning ordinanceand modified to allow for one common access at the property operY lines. 5. The southern driveway onto from the street intersection noraeii i relocated away nat a 6, This approval shall only address the new buildfoot containing 55,000 square feet with a 66,000 square footprint. The reference to future areas oonlye site plan is intended for illustrative purposescondones or granting of this conditional use The applicant no way will be guarantees any future approvals. Trequired to submit a separate use permit application should they desire to proceed with construction of additional recreation facilities. inact 7. If the existing $eCoccupancy oft tnew on the property, Prior to initial facility, the project shall be returned to the Site Plan Review Committee to determine compliance with parking requirements and other City standards. g. All proposed signs on the site shall comply with the Kalispell Zoning ordinance. 9. The developer shall dedicate 60 feet of right-of-way along the Northern side of their property tapering to the North so as to provide for the extension of Meridian Road East of U.S. Highway #93. 10. The developer shall dedicate the East0feet, along Windward Way as indicated on the site plan. 2 19so13 OL-f A 11. Applicant shall agree in writing, prior to issuance of a building permit, to contribute their fair share in the construction of an extension of a street connecting Meridian Road with Windward Way. At the time the new street is constructed, it shall become the primary access point for the proposed site. 12. Street trees be installed and a municipal sidewalk be constructed along that portion of Sunnyview Lane, Windward Way, and Meridian Road that abuts this entire tract of land from U.S. Highway #93. 13. A storm water drainage plan prepared by a licensed architect or engineer shall be submitted to, and approved by, the city Public Works Department that adequately addresses on -site storm water detention and disposal. 14. The Westerly ends of the proposed parking lots be landscaped. 15. Development of the site will be in substantial conformance with the approved site plan. The approved site plan shall govern the general location of the building, parking, landscaping and roadways. The applicant shall submit a final site plan to the Site Plan Review committee for their approval that incorporates all the conditions specified in this conditional use permit and the Kalispell Zoning ordinance prior to receiving a building permit. SECTION II. The conditional use permit, herein granted, shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. Dated this day of , 1994. 3 �ssoia 0902 � STATE OF MONTANA ss County of Flathead On this day of 1994, before me, a Notary Public, personally appeared D uglas D. Rauthe, 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. A, Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires %�Q -� -9 1l 4 EXHIBIT "A" A tract of land located in Government Lot 6, Section 6, Township 28 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, being more particularly described as follows: Commencing at the intersection of the West Right -of -Way of Windward Way with the North Right -of -Way of Sunnyview Lane and the POINT -OF - BEGINNING; thence N85'17'36"W along the North right-of-way of Sunnyview Lane, a distance of 171.06 feet; thence N86°21'12"W along said North right-of-way a distance of 219.32 feet; thence leaving said right-of-way N04'40'00"E a distance of 370.48 feet; thence N85'19'49"W a distance of 150.00 feet; thence N04'40'00"E a distance of 293.22 feet to a point on the North line of the Amended Plat of Lot 1 of the Amended Plat of the Resubdivision of Simmons Addition No. 78; thence S85'19'53"E along the North line of said lot a distance of 356.34 feet; thence S85°15'05"E along said line a distance of 171.06 feet to the Northeast corner of said lot and the West right-of-way of Windward Way; thence S03'32'30"W along said right-of-way a distance of 659.79 feet to the POINT -OF - BEGINNING. STATE OF MONTANA, ss County of Flathead Recorded at the request o d this - day of P U 19 at o'clock and recorded in the records of Flathead County, State of Montana. Fee$�,� Pd. ead CountyClerk aErB�corder RECEPTIONNO. P�-� , / ^ aS� ( a ll—nR K,-� v J I-