CUP Wel Care Investors/20-Bed Personal Care Facility5223013/2-0
City of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
APPLICANT: WEL Care Investors, Inc.
ADDRESS: P.O. Box 699
Spearfish, SD 57983
Legal Description of Property: See Exhibit "All (attached)
Owner:
Developers Diversified
34555 Chargrin Blvd.
Cleveland, OH 44022
Zone: Health Care, H-1
WEL Care Investors, Inc., a Montana corporation, on the 4th
day of June, 1992, applied for a conditional use permit to the
City of Kalispell, under Section 27.34, Kalispell Zoning
Ordinance, to construct and operate a 20 bed personal care
facility, adjacent to the Heritage Place Nursing Home, in
Kalispell, Montana.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on the 14th day of July,
1992, held a public hearing on the application. At the public
hearing no one spoke in opposition to the application and the
Flathead Regional Development office presented a staff report
(KCU-92-4). Representatives of WEL Care Investors, Inc. and
Douglas Johns spoke in favor of project and agreed to all
conditions contained in the FRDO report, except, the extension of
the water main and road beyond the boundaries of the project
area. After discussion the Board deleted the extension of the
road and water main beyond the boundaries and unanimously
adopted the findings -of -fact contained in the FRDO report, and
recommended to the City Council that WEL Care Investors, Inc. be
granted a conditional use permit with conditions.
After reviewing the application, the record, the FRDO
report, and after duly considering the matter the City Council of
the City of Kalispell, pursuant to the Kalispell Zoning
Ordinance, hereby, issues and grants for the property described
in Exhibit "A" a conditional use permit for the construction and
operation of a 20-bed personal care facility on Lot 1 of
Heritage Place lst Addition, subject to the following
restrictions:
SECTION I.
1. The parking lots and access drives shall be designed in
92230 012% 0
conformance with Chapter 27.26 of the Kalispell Zoning
Ordinance.
2. The entire facility shall incorporate a sprinkling
system into the design for fire suppression.
3. The applicant shall submit an engineered drainage plan
for the entire site which details on -site retention and
disposal of storm water.
4. If any soil is removed from the site it shall be either
placed in a location and in a manner that is approved
by the City Public Works Director or else completely
removed from the City limits of Kalispell.
5. The applicant shall construct a minimum 5 foot wide
sidewalk and incorporate a tree lined berm along the
entire right-of-way of Windward Way. In developing the
tree lined berm, the developer shall plant minimum
2 1/2 inch caliper share trees 40 feet on center. The
variety of trees shall be selected from the City's
recommended list of street trees.
6. Additional fire hydrants, if determined necessary by
the Fire Chief, shall be installed by the applicant in
locations as approved by the Chief.
SECTION II.
The grant of conditional use, herein made, is subject to the
"Supplemental Information to Conditional Use Permit",
compiled by the Public Works Department, attached hereto as
Exhibit "B".
SECTION III.
Approval of the Conditional Use Permit is dependent upon
approval and recording of the final plat of Heritage Place
First Addition.
X PATED THIS DAY OF AUvUST, 1992.
i
$o,t`
, 60ugdas D. Rauthe, Mayor
►:_, , e undersigned, Finance Director of the City of
certify that the foregoing is a true and correct copy
rant of Conditional Use passed by the City Council of the
ty of Kalispell, Montana at a regular meeting held August 3,
1992.
Finance Director, City of Kalispell
STATE OF MONTANA )
ss
County of Flathead )
On this day of 1992, before me, a Notary
Public, personally appeared Douglas D. Rauthe, 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.
s
Notary Pub ic, State of Montana
5, lrr' Residing at Kalispell, MT
} My Commission expires --9�
r
i' i
HERITAGE PLACE, FIRST ADDITIM,
lying,
A tract of land* situatedi i being
Rang* t County, Montana, and morg
paticularly described as follows to wits
Rang*
Coanoncing at the northeast corner of Government Lot 6 Of Section 69 Townshi;
28 North, Flathead County,
Thence See 4al 26*W and along the east boundary of said Government Lot 6 a
distance of M.07 feet to a sot iron pin and the true point of
beginning
the tract of land herein d#scribodt
Thencol continuing i2148126*W and along Y boundary 338.42 feet 1
1 i.
inj
Thence a a 9 a
Thence .. found
e n pin an the southerly s
l
70.e
t
a feet wide road known
Thence . �: it`. a ` F e a . t A:
#.
leaving
#. feet
y. a set iron pin on the
northerly R/W of a i foot private
alongThence Sal 19139"E and i'
.04 feet to a sit iron pin;
Thence J# •. along the easterly R/W of t 69 foot private road and
distanceutility easement a
containingThence leaving said R/W S85119939-E 228.98 foot to the point of beginning and
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