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05. Conditional Use Permit - North Star AssociatesReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 APPLICANT: NorthStar Associates c/o MedNorth 2136 Highway 93 North Kalispell, MT 59901 (406) 755-5661 LEGAL DESCRIPTION: Tract A as shown on Certificate of Survey No. 17674 located in Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: Residential, R-2 The applicant has applied to the City of Kalispell for a conditional use permit to allow a residential care facility for the treatment of eating disorders, which will offer counseling and therapy. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on March 13, 2012, 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 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-12-1 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a residential care facility in a Residential, R-2 zoning district subject to the following conditions: On -going 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. Development of the site shall substantially comply with the approved site plan dated October 2, 2011. 3. The property owner shall waive their right to protest a special improvement district for the construction of a bike path (condition 8) along the property's frontage. 4. The facility operator shall receive an administrative conditional use permit prior to changing the nature of clients the facility serves. Prior to the issuance of a building permit: 5. A parking lot plan drawn in accordance with section 27.24.030(3) of the zoning ordinance shall be submitted prior to the issuance of a building permit. The plan shall also include an approximate time for parking lot paving. The parking lot plan shall be reviewed and approved by the Planning Department. 6. A stormwater management plan designed in accordance with the city's stormwater standards shall be submitted to the Public Works Department for review and approval. 7. The developer shall extend water and sewer main lines in accordance with Public Works standards. The plan for the extension shall be reviewed and approved by the Public Works Department prior to construction. 8. A revised landscape plan shall be provided to the Parks and Recreation Department for review and approval. The plan shall specify groundcover, tree and shrub type and size at the time of planting around the building and the parking area. 9. The property owner shall sign a waiver of right to protest a special improvement district (SID) for the construction of a bike path along the property's frontage adjacent to Highway 93. Prior to the issuance of a Certificate of Occupancy_ 10. The parking lot shall be constructed in accordance with the approved plan. 11. The approved storm water plan shall be implemented with any conditions required on the plan by the Public Works Department. 12. The water and sewer main lines shall be installed per the approved plan. 13. All landscaping shall be installed per the approved landscape plan or bonded for. Dated this 2nd day of April, 2012. ss County of Flathead Tammi Fisher Mayor On this day of , 2012 before me, a Notary Public, personally appeared Tammi Fisher, 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. Notary Public, State of Montana Printed Name: Residing at Kalispell, Montana My Commission Expires