CUP Immanuel Lutheran/Day Care2004295
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Immanuel Lutheran Corporation
185 Crestline Avenue
Kalispell, MT 59901
LEGAL DESCRIPTION: Tract 6K and Lot 14, Highland Park in Section 7, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana
ZONE: Health Care, H-1
The applicant has applied to the City of Kalispell for a conditional use permit to operate a
day care center in the Health Care, H-1, zoning district for 36-40 children. The center would be open
from 6:45 am to 6:00 pm, and would be primarily for children of employees of Immanuel Lutheran,
but would also be open to the public when space is available.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
September 14, 2004, held a public hearing on the application, took public comment and
recommended that the application be approved subject to six 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-04-10 as the Councils findings of
fact, and issues and grants to the above -described real property a conditional use permit to operate a
day care center in the Health Care, H-1, zoning district subject to the following conditions:
1. The proposal will be developed in substantial conformance with the approved site plan and
other application materials. That the conditions associated with this permit shall be met prior to
the use of the buildings.
2. The chain link fence surrounding the outdoor recreation area should be 42 inches high and the
existing mature vegetation along Crestline maintained.
3. The applicant shall apply for and receive a sign permit prior to installation of said sign.
4. The anplicant combly with all buildinu and fire codes prior to occunancv of the buildinz.
5. The qpplicant be re uired to ex and the ro adwqy into a 24 foot width with two way traffic and
to block access to Mission S.treet..using a breakaway fence or similar device.
6. The conditional use permit is valid for a period of 18 months from the date of authorization
after which time if the commencement of activities has not occurred the permit shall be void.
A continuous, good faith effort to design the building, obtain financing and other activities shall
be considered a commencement.
Dated this 4th day of October, 2004.
i y '
Pamela B. Kennec
Mayor
2
STATE OF MONTANA j
ss
County of Flathead )
On this day of �`�;, 2004 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, l have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
t 3
7
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires`