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CUP/SA Properties/HVAC BusinessReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: SA Properties, LLC 755 North Main Street Kalispell, MT 59901 LEGAL DESCRIPTION: Tract 1 of Certificate of Survey #12972 in the southeast quarter of the southwest quarter of Section 7 and the northeast quarter of the northwest quarter of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: B-3, Core Area Business The applicant has applied to the City of Kalispell for a conditional use permit to allow a heating, ventilation and air conditioning (HVAC) business within the B-3 zone. HVAC businesses are allowed in the B-3 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 8, 2018, held a public hearing on the application, took public comment and recommended that the application be approved subject to 10 conditions. After reviewing the application, the record, the Kalispell Planning Department 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-18- 01 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a heating, ventilation and air conditioning (HVAC) business within the B-3 zoning district subject to the following conditions: 1. 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. A view obscuring fence shall be constructed around the HVAC storage area. The fence shall be approved by the Architectural Review Committee prior to installation. 3. Outside storage of materials shall not exceed the height of the view obscuring fence. Vehicles, box trucks, fork lifts, etc. parked within the storage area are exempt from this requirement. 4. HVAC repair shall not occur outside of the enclosed building. 5. Center Street shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards the length of the property. Upgrades include sidewalks, curb and gutter, street trees and boulevard adjacent the applicant's property. 6. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit for exterior improvements. 7. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be in substantial compliance with the submitted renderings and approved by the Parks and Recreation Director prior to issuance of the building permit. 8. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 9. Parking areas and driveway shall be improved in accordance with Section 27.24 of the Kalispell Zoning Ordinance including paving, landscaping, striping and setbacks. 10. Signage shall be installed in accordance with Section 27.22 of the Kalispell Zoning Ordinance. Dated this 4th day of June, 2018. Mark Johns n Mayor STATE OF MONTANA ss County of Flathead On this day of -� n e, , 2018 before me, a Notary Public, personally appeared Mark Johnson, 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. No ary Public, State of Montana AIMEE BRUNCKHORST �gaUNCKyo k� oz ' 9s, a, NOTARY PUBLIC for the N State of Montana Residing at Lakeside, Montane ,SEAL,'e OOP2 My Commission Expires December 4, 2020