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Flathead Warming Center CUPI I"IIII� II II IIII II�II'�III IIIII IIIII I�III �'lll'�II' (IIIIIII'llllll "I�IIIII III (IIIII I'�I 20200039 Page:i of 3 OS Debbie Pierson, Flathead County MT by AC Fees: 21.00 11J19J202612:AO qM Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ^) APPLICANT: N O PROPERTY OWNER: o, LEGAL DESCRIPTION: N ,Q1' �c ZONE: City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE Flathead Warming Center 110 Stillwater River Trail Whitefish, MT 59937 Chad Fincher, POA for Darrell Fincher 35 Tahoe Drive Kalispell, MT 59901 Assessors Tracts 5PA, 5PB, and 5BA in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and as further described on the attached Exhibit A. B-1, Neighborhood Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the operation of a homeless shelter for up to 40 guests per night, located at 889 North Meridian Road. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on October 13, 2020, 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-20-05 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the operation of homeless shelter for up to 40 guests per night, located at 889 North Meridian Road in the B-I 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. The conditional use permit is not valid until the B-1 zoning text amendment allowing homeless shelters as a conditionally permitted use becomes effective under statutory timelines 30 days from approval of the zoning amendment on second reading. 3. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 4. Prior to occupancy, the applicant shall apply for a building permit through the City of Kalispell Building Department to review the proposed improvements and change of use. 5. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit for any work which significantly changes the exterior appearance of the building. 6. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, as well as compliance with other site development standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 7. A minimum of one paved parking space per five occupants shall be provided. The specific design shall be submitted for review and approval in conjunction with building permit and site review prior to occupancy of the building. 8. The existing sidewalk along North Meridian Road shall be extended to define the parking lot access and reduce the driveway to 24 feet, along with a five-foot landscape buffer adjacent to the sidewalk. The sidewalk should be continued through the approach in a manner designed to meet City of Kalispell Standards forDesign and Construction. 9. The number of occupants shall be limited to no more than 40 people. Increases to the occupancy may be applied for and would go through either the conditional use permit or administrative conditional use permit process. The review would be based on an analysis of the increased impacts. Dated this 2nd day of November, 2020. STATE OF MONTANA ss County of Flathead Mark Jo son Mayor On this c _ day of NoAV ,► kw.K , 2020 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. 112 AIMEE BRUNCKHORST NOTARY PUBLIC for the *; * '-..SEAL:}t State of Montana Residing at Lakeside, Montana 4�` CF No�P My Commission Expires December 4, 2020 i;l!, itry Public, State of Montana EXHIBIT A An undivided one-half interest in and to the following described property: The North 75 feet of the following described tract: That part of government Lot Two of Section Seven, Township Twenty-eight North, range Twenty-one West, M.P.M., Flathead County, Montana, particularly described as follows: Beginning at a point 30 feet East from the northwest corner of said Lot Two, on the north boundary thereof, which point is at the intersection ofthe East boundary of the County Road; thence South along the east boundary of said County Road 582.95 feet to a point, which point is the intersection of the said East boundary with the north boundary ofthe County Road crossing said Lot Two; thence East along the North boundary 97.2 feet; thence North and parallel with the West boundary of said Lot Two 582.95 feet to the north boundary of said Lot Two; thence West along the north boundary of said Lot Two, 104.9 feet to the place of beginning. The South 100 feet of the North 175 feet of the following described tract of land. That part of Government Lot Two of Section Seven, Township Twenty-eight North, Range Twenty-one West, M.P.M., Flathead County, Montana, particularly described as follows: Beginning at a point 30 feet East of the Northwest corner of said Lot Two, on the North boundary thereof, which point is at the intersection of the east boundary of the County Road; thence South along the east boundary of said County Road 582.95 feet to a point, which point is the intersection of the said East Boundary with the North boundary of the County Road crossing said Lot Two; thence East along the north boundary 97.2 feet; thence North and parallel with the West boundary of said Lot Two, 582.95 feet to the north boundary of said Lot Two; thence West along the north boundary of said Lot Two, 104.9 feet to the place of beginning. A tract of land in Government Lot Two, of Section Seven, Township Twenty-eight North, Range Twenty-one West, M.P.M., Flathead County, Montana, described as follows: Beginning at a point 134.9 feet East of the Northwest corner of said Lot Two, and on the North boundary of said Lot Two; thence East along the North boundary of said Lot Two, 74.7 feet, more or less, to a point which is 896.4 feet West of the Northeast corner of said Lot Two; thence South and parallel with the West boundary of said Lot Two, 175 feet; thence West and parallel with the North boundary of said Lot Two, 74.7 feet, more or less, to a point 134.9 feet East of the West line of said Lot Two; thence North and parallel with the West line of said Lot Two, 175 feet to the place of beginning.