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CUP Dallas Herron/Valcon'sCity of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Dallas I. Herron Herron Development P.O. Box 9200 Kalispell, MT 59904-2200 LEGAL DESCRIPTION: Development of the property described as Lots 2 through 6, Block 155 and Lots 7 through 12, Block 154 and Lots 14 and 15 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. OWNER: Herron Development P.O. Box 9200 Kalispell, MT 59904-2200 ZONE: Light Industrial, I-1 Commercial Industrial, B-5 The applicants have applied to the City of Kalispell for a conditional use permit to allow the storage of bulk fuel and petroleum products and the relocation of a petroleum product packaging facility. The applicant is proposing to relocate a bulk storage facility which will house various petroleum base products. This portion of the Valcon operation will be located inside an existing 100 by 160 by 25 foot warehouse building. The request also includes the relocation of Valcon's bulk plant. This will consist of the relocation of eight above ground tanks which measure 11 feet in diameter and 29 feet tall. These tanks will be enclosed in a concrete dike of approximately 65 by 35 by 2 feet which will be located West of the existing warehouse building. Valcon's integrated business plan includes several phases. Phase I involves the relocation of the petroleum packaging plant from its location South of First Avenue West and West Montana Street into the existing warehouse. Other phases include the relocation of the packaging plant from its present located North of center Street between Sixth Avenue West and Seventh Avenue West to the West of the existing warehouse at 640 West Montana Street, the site under review. These two phases are covered under the conditional use permit application. Additionally, the offices currently located j:\wp\cup.Valcon 1 t 0 0 along Fifth Avenue West across from the Kalispell Center Mall will be relocated to the office buildings adjoining the warehouse. This building will either be expanded or reconstructed to accommodate the required additional office space. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on August 12, 1997, held a public hearing on the application, took public comment and recommended that the application be approved subject to ten 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 adopts Flathead Regional Development Office, Conditional Use Report #KCU-97-6 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the development of the area located between Sixth Avenue West and Eight Avenue West, South of West Montana Street, an area of approximately 2.5 acres, in the I-1, Light Industrial, and B-5, Commercial Industrial zoning districts subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the approved site plan. That a revised site plan indicating parking stalls, driveways and loading areas be submitted to the Kalispell Zoning Administrator and approved by the Site Development Review Committee. 2. That the applicant submit professionally prepared drawings to the Kalispell Building Department for review and approval which addresses the building code issues related to fire suppression and prevention. 3. That the driveway and alley along the East and West sides of the building be paved as the site becomes occupied and that an approach permit for the accesses off of West Montana Street be obtained from the Kalispell Public Works Department. 4. That the required number of employee parking spaces and a loading area shall be provided. The parking lot design j:\wp\cup.Valcon 2 0 0 shall comply with the parking requirements of the Kalispell Zoning Ordinance. The parking lot, loading areas and driveways shall be paved and striped prior to occupancy of the building(s). 5. That a landscaping plan which complies with the Kalispell Zoning Ordinance and which incorporates street trees along the boulevard in accordance with the specifications of the Parks and Recreation Department shall be submitted to the Kalispell Zoning Administrator for approval. 6. That the applicanr shall undertake a weed abatement and eradication program to remove the overgrown vegetation from the lot and that any extraneous junk and/or debris be removed from the site. 7. That lighting for the road, parking lot and structures, shall be directed to illuminate the intended area and shall not intrude onto adjoining properties. B. All development proceedings under this CUP shall be accomplished in accordance with the Uniform Fire Code and NFPA 30, Flammable and Combustible Liquids Code, of the National Fire Protection Association, then in effect within the City of Kalispell. 9. That the development of the site comply with all local, state and federal permit process and development standards. 10. That all the required conditions of approval be met prior to the issuance of a certificate of occupancy. S.FICS-T-QI7 _I I . The conditional use permit, herein granted, shall terminate 18 months from the date of issuance if commencement of the authorized activity has not begun. Dated this day of S r+Pf x�ey" 1997 Dougl s D. Rauthe, Mayor j:\wp\cup.Valcon 3 0 41 STATE OF MONTANA ss County of Flathead On this znC� day of Se ieF' b(?V- 1997 before me, a Notary Pubic, personally appeare 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. Notary Pub State of Montana Residing at Kalispell, Montana My Commission Expires I(-f- C� 8 j:\wp\cup.Valcon 4