Samaritan House/Homeless ShelterReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
0
APPLICANT:
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Debbie Pierson, Flathead County MT by MLN 11/ 12/ 2021 5:40.00
2 PM
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
Samaritan House, Inc.
PO Box 592
Kalispell, MT 59903
LEGAL DESCRIPTION: Assessors Tract 5DAB in Section 18, Township 28 North, Range 21
West, P.M.M, Flathead County, Montana, and as more particularly
described on the attached Exhibit "A".
ZONE: B-3, Core Area Business
The applicant has applied to the City of Kalispell for a conditional use permit to allow a
homeless shelter with up to 27 sleeping spaces located at 1100 Second Street West within the B-3
(Core Area Business) zone.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
October 12, 2021, held a public hearing on the application, took public comment and recommended
that the application be approved subject to seventeen (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-21-
07 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow a homeless shelter with up to 27 sleeping spaces located at 1100
Second Street West within the B-3 (Core Area Business) zone, 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. That the development of the site shall be in substantial conformance with the submitted
application and architectural/site plan drawings.
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 for any addition or
exterior remodeling which significantly changes the appearance of the building.
4. 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.
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 and shall
include provision of boulevard trees and landscaping along both street frontages. The landscape
plan shall be in substantial compliance with the submitted application and approved by the
Parks and Recreation Director prior to issuance of the building permit.
6. 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.
7. Prior to construction, the developer shall submit to the Kalispell Public Works Department an
erosion/sediment control plan for review and approval, as well as a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for Storm
Water Discharge Associated with Construction Activities.
The developer shall submit water main extension plans, applicable specifications, and design
reports to the Kalispell Public Works Department to be reviewed and approved by Public
Works prior to construction.
9. Sewer service is available in the adjacent alley and would serve the property with an extension
onto the property. The existing sewer main shall be abandoned at the manhole. The new sewer
main shall be privately owned and maintained.
10. The primary street frontages of Second Street West and South Meridian shall be improved to
meet city standards, including, but not necessarily limited to, landscape boulevard, street
lighting, and sidewalk where not present. Approaches into the site shall be concrete and meet
the requirements of the Standards for Design and Construction. Due to the width of the
boulevard and the location of the existing utility poles, street trees may utilize an alternative
design relative to species and location.
11. The gates restricting access to the parking lot are not allowed unless explicitly permitted during
building permit and site review approval.
12. Prior to building permit issuance, the number and location of the trash enclosures shall be
approved by the Kalispell Public Works Department.
13. The outdoor seating areas shall include vegetative screening to be reviewed and approved by
the Site Development Review Committee.
14. The eastern boundary of the property is required to include a 6-foot-high view -obscuring fence
or hedge pursuant to Section 27.20.050 of the Kalispell Zoning Ordinance.
15. Along the northern property line, the existing or similar fence shall be maintained on the
property line, provided that the barbed wire be removed. The existing tree line shall also be
maintained to the extent possible and replaced if necessary.
16. The proposed sign shall be located on the Samaritan House property in a location compliant
with the sign regulations in Chapter 27.22 of the Kalispell Zoning Ordinance.
17. The conditional use permit shall not be effective until the zone change to B-3 (Core Area
Business) becomes effective.
Dated this 1 st day of November, 2021.
STATE OF MONTANA
: ss
County of Flathead
Mark Johnson
Mayor
On this I day of NoVe-rti—tw-C , 2021 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.
AIMEE BRUNCKHORSI
; gPUNr�,�� ;
NOTARY PUBLIC for the
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State of Montana
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ReSldln at
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Lakeside, Montana
My Commission Expires
December 04, 2024
Noiary Public, State of Montana
EXHIBIT "A"
BEGINNING at a point south 13' east 33.0 feet and south 77' west 16.0 feet from the southwest
comer of Block 16 of Western Addition to Kalispell, Montana; thence westerly 485.5 feet along
the centerline of Second Street West to the east boundary of Meridian Road; thence northerly
along the east boundary of said Meridian Road 346.0 feet to a point of intersection with the
westerly extension of the southerly boundary of First Street West; thence northeasterly along
said southerly boundary of the westerly extension of First Street West 392.5 feet to a point on the
westerly boundary of the alley in Western Addition to Kalispell, according to the recorded plat
thereof; thence southeasterly along the westerly boundary of said alley 333.0 feet to the POINT
OF BEGINNING; EXCEPTING therefrom that portion included in Second Street West;
EXCEPTING therefrom a tract of land described as the south 125.00 feet of the east 150.0 feet
of the above described portion of Government Lot 1 as measured along the aforesaid westerly
boundary of the alley in Western Addition to Kalispell and the northerly boundary of said
Second Street West; and EXCEPTING therefrom the tract conveyed to Flathead County by
Warranty Deed recorded in Book 200 of Deeds, Page 231, described as follows: beginning at a
point on the east right of way line of the County Road on the west boundary of Section 18,
Township 28 North, Range 21 West, where the north line of the County Road, which is an
extension of Second Street West in Kalispell, intersects said east right of way; thence north 100.0
feet; thence south 27°10' east 49.0 feet; thence south 46°40' east 29.0 feet; thence south 66°40'
east 44.0 feet; thence south 76°00' west 8 8. 0 feet to the point of beginning.
Containing 2.42 acres, more or less.
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IIr7Y Paula Robinson, Flathead County MT by 35_ 7/28/2008 11:27 AM
Contract No. 07-MT-2302
QUITCLAIM DEED
THIS INDENTURE, made this 18th day of July, 2008, between the United States of
America, acting through the Secretary of Health and Human Services, by the Chief, Real
Property Branch, Division of Property Management, Program Support Center, U.S. Department
of Health and Human Services (hereinafter referred to as "Grantor'), under and pursuant to the
power and authority delegated by the Federal Property and Administrative Services Act of 1949
(40 U.S.C. § 550), (hereinafter referred to as "the Act'), and regulations promulgated pursuant
thereto at 45 C.F.R. Part 12, and the McKinney-Vento Homeless Assistance Act (42 U.S.C. §
11411), as amended, and regulations promulgated pursuant thereto at 45 C.F.R. Part 12a, and
n Samaritan House, Inc., (hereinafter referred to as "Grantee").
V
WITNESSETH
WHEREAS, by letter dated February 20, 2008 and amended on June 3, 2008 and July 17,
m 2008, from the General Services Administration, certain surplus property consisting of 2.42
Q acres, improved with 3 buildings, hereinafter described (hereinafter referred to as "the
Property"), was assigned to the Grantor for disposal upon the recommendation of the Grantor
that the Property is needed for homeless assistance purposes in accordance with the provisions of
n the Act; and
(� WHEREAS, said Grantee has made a firm offer to purchase the Property under the
provisions of the Act, has made application for a public benefit allowance, and proposes to use
the Property in accordance with the approved program of utilization; and
WHEREAS, Grantor has accepted the offer of the Grantee,
NOW, THEREFORE, Grantor, for and in consideration of the foregoing and of the
observance and performance by Grantee of the covenants, considerations and restrictions
hereinafter contained and other good and valuable consideration, the receipt of which is hereby
t acknowledged, has remised, released and quitclaimed and by these presents does remise, release
and quitclaim to Grantee, its successors and assigns, all right, title, interest, claim and demand,
excepting and reserving such rights as may arise from the operation of the conditions subsequent
hereinafter expressed, which the United States of America has in and to the Property, situate,
lying, and being in Government Lot 1, Section 18, Township 28 North, Range 21 West of the
Montana Principal Meridian, Flathead County, Montana and more particularly described as
follows:
BEGINNING at a point south 13° east 33.0 feet and south 771 west 16.0 feet from the
southwest corner of Block 16 of Western Addition to Kalispell, Montana; thence westerly
485.5 feet along the centerline of Second Street West to the east boundary of Meridian
07-MT-2302
Road; thence northerly along the east boundary of said Meridian Road 346.0 feet to a
point of intersection with the westerly extension of the southerly boundary of First Street
West; thence northeasterly along said southerly boundary of the westerly extension of
First Street West 392.5 feet to a point on the westerly boundary of the alley in Western
Addition to Kalispell, according to the recorded plat thereof; thence southeasterly along
the westerly boundary of said alley 333.0 feet to the POINT OF BEGINNING;
EXCEPTING therefrom that portion included in Second Street West; EXCEPTING
therefrom a tract of land described as the south 125.00 feet of the east 150.0 feet of the
above described portion of Government Lot 1 as measured along the aforesaid westerly
boundary of the alley in Western Addition to Kalispell and the northerly boundary of said
Second Street West; and EXCEPTING therefrom the tract conveyed to Flathead County
by Warranty Deed recorded in Book 200 of Deeds, Page 231, described as follows:
beginning at a point on the east right of way line of the County Road on the west
boundary of Section 18, Township 28 North, Range 21 West, where the north line of the
County Road, which is an extension of Second Street West in Kalispell, intersects said
east right of way; thence north 100.0 feet; thence south 27*10' east 49.0 feet; thence
south 46°40' east 29.0 feet; thence south 66*40' east 44.0 feet; thence south 76*00' west
88.0 feet to the point of beginning.
Containing 2.42 acres, more or less.
SUBJECT to any and all other existing easements, encumbrances, covenants, restrictions,
reservations or conditions affecting the above described property whether or not the same appear
on record, including but not limited to:
1. All existing permits, easements and rights -of -way for public streets, roads and
highways, public utilities, electric power lines, electric transmission facilities,
railroads, pipelines, ditches, conduits and canals on, over and across said land,
whether or not of record including, but not limited to, the following:
a. Road Easement, DACA67-2-87-35, dated October 28, 1986, from Army to City
of Kalispell, Montana; and
b. Pipeline Right -of -Way Easement DACA67-2-87-70, dated November 17, 1986,
from Army to B.A. Brown.
2. All existing interest(s) reserved to or outstanding in third parties in and to water
rights, ditch and reservoir rights, as well as oil, gas, and/or minerals, whether or not of
record.
3. All other existing interests reserved by any grantor(s) in chain of title unto said
.grantor(s), their respective successors and assigns, which affect any portion of the
Property interest(s) hereinabove described, whether or not of record.
4. Any survey discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments, or protrusions, or any overlapping of improvements which may affect
the subject Property.
5. Existing ordinances or resolutions, special purpose district rules and regulations,
including soil conservation district rules and regulations and water conservation
.■ lit.■ list all n Igo lie" 200800021220
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tn1r1111III11IIIIIIYIIIYI11611101sell.....—• Fees: $132.00
7/28/2008 11:27 AM
` paula Robinson, Flathead County MT by )S _ _ _ --