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CUP FSEN/Beehive HomesKalispell City Clerk .O :• •• Kalispell, • •, 111iiiii f�:°s�:�eossPaula Robinson, Flathead Countv PIT bv NC -7/15/201-4 2:06 PM City of Kalispell Box 1997 Kalispell, Montana 59903-997 Attn: Michael Fraser ••1 North Kalispell, MT 59901 (406) 2 LEGAL E C IO : TRACT 2 OF CERTIFICATE OF SURVEY NO. 70849 A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM PORTION LYING WITHIN TROTTERFOX D!CORRECTED, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD ! ! Residential, R-2 The applicant has applied to the City of Kalispell for a conditional use permit to construct and operate amultiple-building residential care facility (senior assisted living) at 242 Stillwater Road in the R-2 zoning district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 10, 2014, held a public hearing on the application, took public comment and recommended the application be approved subject to nine (9) 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 #CU-14-03, as amended by the IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,�eS°s„boa" 7/15/2014 2-06 PM Kalispell City Planning Board and Zoning Commission, as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct and operate a multiple -building residential care facility (senior assisted living) in the Residential, R-2 zoning district subject to the following conditions: 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 do so. 2. Commercial building permits shall be obtained from the City of Kalispell Building Department for the proposed structures. Approval of the building permits includes approval by the City of Kalispell Architectural Review Committee and the Kalispell Site Review Committee. 3. Final designs for storm water management, water service, and sanitary sewer service that comply with Kalispell's Standards for Design and Construction shall be submitted for review and approval by the City of Kalispell Public Works Department. The property owner shall extend a 14-inch water main from the existing water main to the north property line. The water line shall be located within the roadway of Stillwater Road. The City will participate in the upsizing of the water main in accordance with the Extension of Services Agreement. Fir. The southern 45 feet of the property shall be kept free of developed structures or improvements, with the exception of fencing and landscaping, in order to provide reasonable access to eventual future development to the west of the proposed use. The property owner shall sign and record a Special Improvement District (SID) Protest Waiver for the extension of this roadway along the southern property boundary. 5. All required licensing, inspections, and approvals shall be obtained from the Montana Department of Health and Human Services. Copies of the current operational licenses and the operating procedures for the facilities shall be submitted to the City of Kalispell. 6. The property owner shall submit a signed and recorded Special Improvement District (SID) Protest Waiver for improvements to the Stillwater Road Right -of -Way adjacent to the property. The improvements shall include street widening, curb, gutter, street lights and landscaping between the curb and bike path. 7. At the time the West Side Interceptor sewer main is completed adjacent to the property, the property's sewer service shall be connected to the West Side Interceptor at no cost to the City. 8. The property owner shall dedicate to the City of Kalispell, the eastern 10 feet of the property, adjacent to the Stillwater Road Right -of -Way, for eventual future improvement of Stillwater Road. fps."s�,-oess 1111111IN 7/15/2014 2,06 PM 9. The property owner shall grant a 20-foot wide pedestrian and bicycle easement to the public. The easement shall be located adjacent to the western edge of the 10-foot wide Right -of -Way dedication in Condition #9. Mark Johns Mayor STATE OF MONTANA ss County of Flathead On this 7 day of - _ 9 2014, before me, a Notary Public, personally appeared Mark Johnson, Mayor oro�e Ciey 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. 'SA THERESA MffE A Notary Public, State of Montana NOTARY PWIC for ft SEAL State Of mwtam � Rftdng at W"f MT Mv Corrrrimlon Expireg MWch , 272017 =7 - - I