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CUP Pierrottet-Northwest Healthcare/Kid Kare ExpansionReturn to: Kalispell City Clerk Po Box 1997 Kalispell, MT 59901 II� Ip II I II� III I II� III III IIIu Ill lull l� i l 11 Fa s: $21r oa 9 Paula Robinson, Flathead County MT by NC 9/18/200810:43 PM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE W APPLICANT: T. Marcello Pierrottet ("Y Northwest Healthcare Corporation 310 Sunyview Lane Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 1, Resubdivision of Kalispell Medical Arts Addition No. 35 in Section 6, Township ZS 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 locate and expand the Kid Kare program in the north half of a building located at 200 Conway Drive in the Health Care, H--1, zoning district. The center would be used for infants and toddlers under the age of two and would be open to the public. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July S, 2008, held a public hearing on the application, took public comment and recommended that the application be approved subject to eight conditions. After reviewing the application, the record, the KPD report, and after duly considering the platter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCJ-08-3 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to locate and expand the Kid Dare program in the north half of a building located at 200 Conway Drive 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. III II III I II III I III II III III IIp III �l l 11 Page: of 3089 Fees: 431.00 Wawa Robinson, eiatna,a County MT by xc s/ie/iooe .o:aa nn 2. That the conditions associated with this permit shall be met prior to use of the building. 3. A sidewalk shall be installed along Conway Drive and shall be connected to the day care center's internal sidewalk system. An easement shall be provided along US Highway 93 as approved by the Kalispell Public works Department and the Montana Department of Transportation to adequately provide for pedestrian and bicycle access. Additionally, the property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades, including construction of a bike path within the easement to City standards. (Section 1(b) Adequate Access) 4. An adequate back-up and turn -around area for parking spaces 27-30 shall be provided prior to occupancy of the building. (Section 2(b) Site Circulation) 5. The applicants shall upgrade the building as required by the Kalispell Fire Department and the International Fire Code. The improvements shall be completed and inspected by the Fire Marshall prior to occupancy of the building. (Section 3(d) Fire Protection) 6. The proposed changes to the existing signs shall be in compliance with the Kalispell Zoning Ordinance as specified above. (Section 2(e) Signs) 7. The existing refuse enclosure and bin shall not affect access or parking on the site. To resolve the functional problems with the existing facility, a design shall be submitted to the Kalispell Planning Department for review and approval that allows adequate parking and reasonable access to the refuse enclosure by waste management vehicles. (Section 3(f) Solid Waste) 8. 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 August, 2008. 11111101IIVIIINIIINIIIVIIIV1116111NIIIVIIItlIIINIIIVIIIMIIII FgeS°g33ODB9 Paula Robinson, Flathead county MT by NC 9/18/200e 1a:93 AM STATE OF MONTANA SS County of Flathead ) On this S day of August, Zoos, 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. ti �JJ Printed Name: - � r �' `s�•� Notary Public State of Montana �� • Y:r, Residing at Kalispell, Montana P R � ■ My Commission Expires:sA;? 1 /,;2 e-V 4'� Z. A � r ■ R� �.�f i • W^i81! L F„ •\ ri �.� �y ��3 iY�t�� P