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CUP Anne and Michelle Gentry/Ray of HopeLEGAL DESCRIPTION: ZONE: City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE Anne and Michelle Gentry 115 Eastland Crossroads Columbia Falls, MT 59912 Lot 6, Block 159, Kalispell Addition #1 in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana General Business, B-2 The applicant has applied to the City of Kalispell for a conditional use permit to allow the operation of a private shelter in the B-2, General Business, zoning district in an existing two story residence. The shelter would provide transient housing, .meals, clothing and counselling to an essentially unlimited number of individuals. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on February 8, 2005, held a public hearing on the application, took public comment and recommended that the application be approved subject to thirteen conditions. After reviewing the application, the record, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office Conditional Use Report #KCU-05-1 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate a private shelter in the General Business, B-2, zoning district subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the approved site plan and the Kalispell Zoning Ordinance. 2. That all required inspections and approvals are obtained from the Kalispell Fire Marshal and City Building Department. Any improvements to the building related to fire and/or building codes, occupancy, cooking, sprinkler system requirements, egress windows or other needed upgrades shah be reviewed and approved by the respective departments prior to occupancy. 3. No outdoor storage of inoperable vehicles, furniture, donated items or other type of miscellaneous objects including objects stored on porch areas shall be allowed at any time. 4. All parking for the shelter and its residents shall be provided and maintained in the parking area to the west of the residence that has been developed to City standards. 5. Quiet times between 11:00 PM and 6:00 AM shall be established and enforced by the operators of the facility. 6. An outdoor smoking and eating area shall be established behind the residence, on the west side of the property and any outdoor smoking or eating that might occur shall be limited and restricted to this area. 7. Occupancy of the shelter shall be limited to a maximum of 30 individuals including the operators, residents and children or that which is limited by building and fire codes whichever is less. S. There shall be no retail sales from the property which would not preclude the distribution of food, clothing or other items to those in need. Any items donated or obtained by the operators of the facility intended for distribution shall be stored inside the residence. 9. Every effort shall be made by the operators of the shelter to ensure that good integrity of the neighborhood is maintained and that the residents of the facility act as good neighbors in both conduct and appearance. 10. It is hereby stated that as a condition of this permit that if any of the conditions of the permit are violated at any time, that the conditional use permit may be immediately revoked and the shelter activity ceased upon notice by the City of Kalispell. 11. An on -site manager be present at the facility seven nights a :reek during the quiet hours of 11:00 PM io 6:00 AM. 12. A sign that meets the zoning regulations be installed that is visible to a pedestrian from the sidewalk with the name of the organization and a contact number. 13. That the commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is being made to bring the project to completion. Dated this 7th day of March, 2004. STATE OF MONTANA : ss County of Flathead Or, this day of _�� , 2005 before me, a Notary Public, personally appeared Pamela B. Kennedy, 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 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. ,FFF,FFFaettiola Notary Public, State of Montana Residing at Kalispell, Montana L_A_ •... � ��My c6niMission Expires * '. a•-A�F, §._..: ..' �. .. � ;. , . ':-.;.V ,. _ ., .. Fes.:. .. .... -. ..+ 116,97 il ty _ ti G 9 (1 % (i �9 r� 6�. =. n Q e m $