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CUP Mitsch/Pre-release CenterReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 LEGAL DESCRIPTION: ZONE: IIIIIII II I I I I III IIII II II III IIIIIII I (IIIIIII I hill IIII III I III II I I�� ��I Paula Robinson, Flathead County MT by NC City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE R. Dick Mitsch PO Box 1273 225 Rosewood Drive Columbia Falls, MT 59912 200900009929 Page: 1 of 3 Fees:$21.00 4/10/2009 8:20 AM Tract A of COS 15749 and COS 6682 in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana Public, P-1 The applicant, on behalf of Community Counseling and Correctional Services, has applied to the City of Kalispell for a conditional use permit to operate a pre-release center facility with a maximum of 40 beds at 2282 Highway 93 South in the P-1(Public) district. The P-1 zoning district conditionally permits pre-release centers (jail facilities). The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on March 10, 2009, held a public hearing on the application, took public comment and recommended that the application be approved subject to certain conditions. After reviewing the application, the record, the KPD 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-09-3 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate a pre-release center facility at 2282 Highway 93 South in the P-1 zoning district subject to the following conditions: 1. The facility shall provide a maximum of 17 parking spaces (based on one space for each employee of the maximum shift (16) and one space for visitors). This standard shall be reviewed by the planning department six months after occupancy to II�1,. d I III II I I II II II II I I I I I I( III age: 2 o0 3929 Fees:$21.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM determine if it is adequate. If it is determined to be inadequate, the applicants shall take appropriate actions to improve parking conditions on -site as determined by the planning office. 2. The nine existing parking spaces along the east side of the building shall be reconfigured so that they do not back out into the 40 foot frontage road and utility easement. Parallel parking would be acceptable at this location. 3. The north side parking lot shall be modified as follows to reduce a conflict between parked cars and traffic on the frontage road. a. A minimum five-foot wide planter boulevard strip shall be installed adjacent to the north side frontage road behind the exposed curb face. The boulevard shall separate the internal parking lot from the frontage road and shall serve to define the entrances into the parking lot. b. The planter shall include a combination of street trees and live growing materials as approved by the Kalispell Parks Department. Two inch and smaller round river rock is prohibited. C. The existing two tiers of parking shall be redesigned to comply with city parking lot design standards. 4. The road and utility easements along the north side of the property shall be corrected to ensure that they adequately cover the north side frontage road 40 foot R/W. 5. The applicants shall enter into an agreement with the city for an annual "payment in lieu of property taxes" (PILT) to address the shortfall in the payment of municipal services when the facility becomes tax exempt. 6. 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. Dated this 6th day of April, 2009. A Duane Larson Council President II II II III I1111111111111111111111111111 ^^ ]e03 of 3929 es: $21.00 Paula Robinson, Flathead County MT by NC 4/10/2009 8:20 AM STATE OF MONTANA : ss County of Flathead On this V day of f1r�l� , 2009 before me, a Notary Public, personally appeared M. Duane Larson, Council President 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 she 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. NOT/A,c, Notary Public, State of Montana Z Printed Name: N� Residing at Kalispell, Montana My Commission Expires e%