CUP Rice/Terry Mini-StorageN,
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: William C. Rice
5733 Highway 93 South
Whitefish, MT 59937
Ron and Merna Terry
1505 Whalebone Drive
Kalispell, MT 59901
LEGAL DESCRIPTION: The west 189 feet of Assessor's Tract 5-5 and Assessor's Tract 5-2
located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana
ZONE:
General Business, B-2
The applicant has applied to the City of Kalispell for a conditional use permit to allow a mini
storage facility to be built on 1.54 acres in a B-2, General Business zone.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
June 10, 2003, 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 TCPO report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Tri-City Planning Office, Conditional Use Report #KCU-03-2 as the Council's findings of
fact, and issues and grants to the above -described real property a conditional use permit to allow the
construction of a mini storage facility in a B-2, General Business 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. That the conditions associated with this permit shall be met prior
to occupancy of the buildings. The development may be phased over a period of years
without affecting the approval process or the need to reapply for a conditional use permit
provided a continuous good faith effort to complete the project in a timely way is undertaken.
2. That the landscaping of the site be coordinated with the City Parks and Recreation
Department. A five-foot landscape buffer shall be placed around the perimeter of the site as
indicated on the site plan. Screening shall be provided along the property boundaries that
abut residentially zoned properties by maintaining chain link fencing. Landscaping along the
perimeter of the site that abut residentially zoned properties shall consist of a mix of hardy
evergreens of low, medium and high profile shrubs to mitigate impacts associated with noise,
dust and fumes and as required under the Kalispell Zoning Ordinance.
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3. The proposal shall comply with the Kalispell Design and Construction Standards for water,
sewer, storm drainage, and other applicable facilities which shall be approved by the City
Engineer prior to the issuance of a building permit.
4. All storm water shall be retained on -site and its handling based on an engineered storm water
management plan that has been reviewed and approved by the Kalispell Public Works
Department for compliance with the City of Kalispell's Design and Construction Standards.
The fire access and suppression system with regard to the location of the buildings, number
and placement of fire hydrants as well as related construction shall be reviewed and approved
by the Kalispell Fire Department.
6. All storage shall be kept within an enclosed building, except fossil fuel engines or storage
tanks or any boat or vehicle incorporating such components which shall be stored in screened
exterior areas. This provision shall not be interpreted to permit the storage of partially
dismantled, wrecked or inoperable vehicles.
7. The offering for sale or sale thereof of any item from or at mini -storage or recreational
vehicle storage facilities is expressly prohibited, except that the facility owner may hold
liquidation sales of contents of rental units to recover rental fees except as allowed by law.
The repair, construction or reconstruction of any boat, engine, motor vehicle or furniture and
the storage of any fossil fuel engine or fossil fuel storage tank or any boat or vehicle
incorporating such components is prohibited within any structure on a tract of land
designated as a mini -storage or recreational vehicle storage facility.
9. Parking shall be provided by parking / driving lanes adjacent to the storage unit. These lanes
shall be at least 26 feet wide when storage units open to one side of the lane only and at least
30 feet wide when storage units open onto both sides of the lane.
10. Security lighting shall be screened and shielded and directed in such a manner that the
lighting does not leave the site or otherwise impact adjacent properties.
11. 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 7th day of Jam, 2003.
STATE OF MONTANA )
ss
County of Flathead )
On this day of L, -� , 2003 before me, a Notary Public, personally
appeared Pamela B. Kennedy, Mayor f 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
Residing at Kalispell, Montana
ErMy Commission Expires S
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