H2. Turley - Conditional Use PermitPLANNING FOR THE FUTURE
MOW"A
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KCU-18-04 — Conditional Use Permit (CUP) request for auto repair business
MEETING DATE: December 3, 2018
BACKGROUND: A request from Ralph and Cheryl Turley for a conditional use permit for auto
repair within the B-3 Zoning District. The auto repair business would be conducted within an existing
building. The only improvement proposed is the addition of a garage door on the south side of the
existing building. Auto repair is permitted within the B-3 Zoning District provided a conditional use
permit is obtained per Section 27.14A.030 of the Kalispell Zoning Ordinance.
The property is located at 749 Center Street and can be legally described as Tract 1 of COS 18953 in
the SW4 of Section 7& Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
The Kalispell Planning Board held a duly noticed public hearing November 13 2018, to consider the
application request. Staff presented staff report KCU-18-04 providing details of the proposal and
evaluation. Staff reported that the proposed CUP was compatible with the zoning, the growth policy,
and the applicant has met the burden of proof requirements. Staff recommended that the Planning
Board adopt the staff report as findings of fact, and recommend to the Kalispell City Council that the
CUP be approved, subject to six (6) conditions.
There being no public testimony, the public hearing was closed and a motion was presented to adopt
staff report KCU-18-04 as findings of fact, and recommend to the Kalispell City Council that the
CUP be approved, subject to six (6) conditions. Board discussion concluded that the request was
appropriate, and the motion passed unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from
Ralph and Cheryl Turley for Conditional Use Permit KCU-18-04, a conditional use permit for auto
repair with six (6) conditions within the B-3 Zoning District, located within Tract 1 of COS 18953 in
the SW4 of Section 7& Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: CUP Letter, CUP Staff Report KCU-18-04
Minutes of the November 13, 2018, Kalispell Planning Board
Application Materials
c: Aimee Brunckhorst, Kalispell City Clerk
Return 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: Ralph and Cheryl Turley
945 2nd Avenue West
Kalispell, MT 59901
LEGAL DESCRIPTION: Tract 1 of Certificate of Survey 18953 in the southwest quarter of
Section 7 & 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 an
auto repair business within the B-3 zone at 749 Center Street. Auto repair 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
November 13, 2018, held a public hearing on the application, took public comment and
recommended that the application be approved subject to six (6) 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-
04 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow an auto repair 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. Outside storage of vehicles and/or trailers is limited to the rear portion of the property
(behind existing building) and shall be screened by a view -obscuring fence. The view -
obscuring fence shall be reviewed by, the Architectural Review Committee prior to
installation.
3. Outside storage of auto parts or partially or completely dismantled vehicles is prohibited.
4. Vehicles being repaired shall not be stored within the public right-of-ways.
5. Auto repair shall not occur outside of the enclosed building.
6. Signage shall be installed in accordance with Section 27.22 of the Kalispell Zoning
Ordinance.
Dated this 3rd day of December, 2018.
Mark Johnson
Mayor .
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 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.
Notary Public, State of Montana
TURLEY REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-18-04
November 5, 2018
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding
a request for a conditional use permit to allow an auto repair business within the B-3
Zoning District. A public hearing on this matter has been scheduled before the planning
board for November 13, 2018, beginning at 6:00 PM, in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the Kalispell City
Council for final action.
BACKGROUND INFORMATION:
Owner/Applicant: Ralph and Cheryl Turley
945 2nd Avenue West
Kalispell, MT 59901
Summary of Request: A request from Ralph and Cheryl Turley for a conditional use
permit for auto repair within the B-3 Zoning District. The auto repair business would
be conducted within an existing building that was previously used for sales and service
(chimney business). The only improvement proposed is the addition of a garage door on
the south side of the existing building. Auto repair is permitted within the B-3 Zoning
District provided a conditional use permit is obtained per Section 27.14A.030 of the
Kalispell Zoning Ordinance. The application will be reviewed in accordance with Section
27.33.080 of the Kalispell Zoning Ordinance.
Location: The property is located at 749 Center Street and can be legally described as
Tract 1 of COS 18953 in the SW4 of Section 78v Section 18, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana.
Size: The subject property is .15 acres in size.
Existing Land Use and Zoning: The site is zoned B-3 (Core Area Business) and contains
a commercial building that has recently operated as a retail chimney business with a
service shop.
Adjacent Land Uses: Surrounding land uses consist of the following:
West: commercial office (HVAC, Fire Equipment)
North: Railroad Tracks
East: Auto Repair
South: Center Street, 8th Avenue West and Martial Arts studio (vacant)
Adjacent Zoning: The existing zoning surrounding the subject property are as follows:
West: B-3
North:
B-3
East:
B-3
South:
B-3
Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the
project site as commercial, which provides the basis for the B-3 zoning designation. The
growth policy map lists uses such as retail, offices, services, and mixed -use developments
as appropriate land uses in the commercial land use designation. The requested
conditional use permit to use the property for auto repair is an appropriate land use for
the property.
Utilities/Services:
Sewer service:
City of Kalispell
Water service:
City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Northwestern Energy
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #5, Kalispell
EVALUATION OF THE REQUEST
This application has been reviewed in accordance with the conditional use review criteria
in the Kalispell Zoning Ordinance.
1. Site Suitability:
a. Adequate Useable Space: The property is approximately .15-acres in size and
has flat topography making the entire site useable. There is an existing
building onsite with an existing paved parking area to the south that meets
the current parking requirements, as the building was constructed in 2010.
b. Adequate Access: The property fronts Center Street, an improved arterial
providing adequate access to the site.
C. Environmental Constraints: There are no environmental constraints apparent
on the property which could affect the proposed use.
d. Height, bulk and location of the building: The site contains an existing
building that was previously used sales/service. There are no additions
proposed and the only improvements proposed consist of a new garage door
on the south side of the building.
2
Appropriate Design:
a. Parking Scheme/Loading Areas: There is an improved parking lot onsite that
meets the parking requirements for the proposed use. No additions or
alterations are proposed to the building that would alter the existing parking
requirements.
b. Traffic Circulation: The property will gain access off Center Street, an
improved arterial roadway. Additionally, the existing parking area drive isles
meet the minimum requirements for access.
C. Open Space: The building is existing and no additional open space would be
required for the auto repair business.
d. Fencing/Screening/Landscaping: Currently, there is existing fencing around
portions of the property. Due to the subject property being within a
redevelopment area that will include a mix of uses, including residential, staff
recommends that the fenced area is screened from neighboring properties and
limited to the rear of the property. The fenced area will likely consist of vehicle
storage of the automobiles being repaired. Accordingly, staff is recommending
a condition that the fence design for the storage area be view obscuring and
reviewed by the Architectural Review Committee prior to installation.
Landscaping of the property was installed per the city requirements in 2010
when the existing building was constructed.
e. Signage: Specific plans for new signage have not yet been determined,
although signs will need to be submitted to the Planning Department for
review for compliance with the sign ordinance. Architectural review of the
signs will be required for any signs over 50 square feet in size.
Lighting: Section 27.26 of the Kalispell Zoning Ordinance sets standards for
all outdoor lighting on commercial structures.
3. Availability of Public Services/ Facilities:
a. Schools: This site is within the boundaries of School District #5. No impact
is anticipated with the proposed use.
b. Parks and Recreation: There will be no significant increase in demand on the
parks and recreation programs and facilities as a result of this commercial
use.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed use.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the proposed
use.
e. Water: City water currently serves the property and there is sufficient capacity
within this water main to serve the proposed use. No significant change in
the impact on water services is anticipated as a result of this use.
f. Sewer: Sewer service is currently provided by the city. There is sufficient
capacity to maintain this use and no significant change in the impact on
sewer service is anticipated as a result of this use.
g. Storm Water Drainage: No significant change in the impact to storm water
runoff is anticipated, as the building and parking areas are existing and no
new impervious areas are being created.
h. Solid Waste: Solid waste pick-up is provided by the City of Kalispell. No
changes are proposed from the previous business that was operating onsite.
i. Streets: The primary street frontage and access is Center Street, located on
the south side of the property.
j. Sidewalks: Sidewalks were constructed along the Center Street frontage when
the building was constructed in 2010.
4. Neighborhood impacts: The site is located in a well -established commercial/light
industrial area and has historically operated as a multitude of commercial and
industrial uses over the years. Additional uses in the vicinity include auto repair,
ATV repair, HVAC, fire equipment and martial arts studio. Its impact on neighboring
properties would be minimal, as the property has historically been used as a similar
use and the auto repair will be occurring indoors and during normal business
hours. The conditions of approval mitigate the impacts associated with future
development of the Core Area, which will likely include some component of high -
density residential development. No unusual noise, dust, glare or heat is
anticipated, as auto body repair is not permitted and staff is recommending all auto
repair occurs within the existing building.
S. Consideration of historical use patterns and recent changes: The site is located
in a well -established commercial area and has historically operated as various
commercial uses. The conditions of approval mitigate the impacts associated with
future development of the area, which will likely include some component of high -
density residential development.
6. Effects on property values: No significant negative impacts on property values
are anticipated.
4
RECOMMENDATION
The staff recommends that the planning board adopt staff report #KCU-18-04 as findings
of fact and recommend to the Kalispell City Council that the conditional use permit be
approved subject to the following conditions:
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. Outside storage of vehicles and or trailers is limited to the rear portion of the
property (behind existing building) and shall be screened by a view -obscuring fence.
The view -obscuring fence shall be reviewed by the Architectural Review Committee
prior to installation.
3. Outside storage of auto parts or partially or completely dismantled vehicles is
prohibited.
4. Vehicles being repaired shall not be stored within the public right-of-ways.
5. Auto repair shall not occur outside of the enclosed building.
6. Signage shall be installed in accordance with Section 27.22 of the Kalispell Zoning
Ordinance.
5
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
November 13, 2018
CALL TO ORDER AND ROLL CALL
The regular meeting of the Kalispell City Planning Board and Zoning
Commission was called to order at 6:00 p.m. Board members present were:
Chad Graham, George Giavasis, Doug Kauffman, Rory Young, Kurt Vomfell
and Joshua Borgardt. Ronalee Skees was absent. Tom Jentz represented the
Kalispell Planning Department.
APPROVAL OF MINUTES
Kauffman moved and Vomfell seconded a motion to approve the minutes of the
September 11, 2018 meeting of the Kalispell City Planning Board and Zoning
Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT
None.
KCU-18-04 — TURLEY CUP
A request from Ralph and Cheryl Turley for a conditional use permit for auto
repair within the B-3 Zoning District.
STAFF REPORT
Tom Jentz, representing the Kalispell Planning Department reviewed Staff
Reports #KCU-18-04.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KCU-18-04 as findings of fact and recommend
to the Kalispell City Council that the conditional use permit be approved subject
to the conditions in the staff report.
BOARD DISCUSSION
Giavasis asked for clarification on parking spaces. Jentz advised front is for
employee and customer parking only, the back will be for vehicles currently
being worked on and/or stored.
PUBLIC HEARING
None.
MOTION
Vomfell moved and Kauffman seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KCU-18-04 as
findings of fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the conditions in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
WESTSIDE PARKING
A request has been submitted to include the 700 Block of 61 Avenue West
MANAGEMENT ZONE
within the Westside Parking Management Zone.
STAFF REPORT
Tom Jentz, representing the Kalispell Planning Department presented to the
Kalispell Planning Board a request to include the 700 block of 61 Avenue West
within the Westside Parking Management Zone.
BOARD DISCUSSION
Young inquired about cost recovery to the city. Jentz explained that the program
was set up as a revenue neutral program, which is outlined in the ordinance.
PUBLIC HEARING
Dale Wilson — 721 6' Ave W — feels the teenagers are driving too fast and that
the amount of garbage showing up on the streets is getting overwhelming.
Kalispell City Planning Board
Minutes of the meeting of November 13, 2018
Pagel
Matt Brake — 729 6' Ave W — has seen a big increase in student parking on this
block and feels permitting will help control that.
MOTION
Giavasis moved and Vomfell seconded a motion that the Kalispell City Planning
Board and Zoning Commission recommend to the Kalispell City Council that an
amendment to Ordinance 1759 Exhibit `B" and Exhibit "A" to include the 700
block of 61 Ave West in the Westside Parking Management Zone be approved.
BOARD DISCUSSION
Graham is concerned with the displacement factor and how far the Westside
Parking Management Zone will spread. Jentz explained that the school district
is currently working on some parking expansions, which will help. There is also
room to grow the zone in other directions since the program started small and
only on the east side to see how it would work. So far, it has been a success.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
None.
NEW BUSINESS
Jentz briefed the board on the December 11, 2018 agenda.
ADJOURNMENT
The meeting adjourned at approximately 6:28pm.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be on Tuesday,
December 11, 2018 at 6:00 p.m. and is located in the Kalispell City Council
Chambers, 201 151 Ave East.
Chad Graham
President
APPROVED as submitted/amended:
Kari Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of November 13, 2018
Page12
PLANNING POR THr FUTURL•
MONTANA
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com Tannin
APPLICATION FOR CONDITIONAL USE PERMIT
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PROPOSED USE: e-i ,GIe— r
OWNER(S) OF RECORD: j 1
Name: )p ld * C / vt
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Mailing Address: g y S r?c �-O`I ✓
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M.ISPELL p —�
�N� "DEPARTMENT
City/State/Zip: K� 11 Spe Phone��(�
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name:
Mailing Address:
City/ State/Zip:
Phone:
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street n ,��71 Sec. Town- ,t Range _
Address: �'��/ ��,, (�C�l1�L°/" ��iree'f we.,S1- No.ship ZSI�I No.-2-1
Subdivision Tract Lot Block `O
Name:Kalizpe .� TC yr] nT No(s).No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
?Z — -:z
2. Attach a plan of the affected lot which identifies the following items:
a.
Surrounding land uses.
b.
C.
Dimensions and shape of lot.
Topographic features of lot.
d.
Size(s) and location(s) of existing buildings
e.
Size(s) and location(s) of proposed buildings.
1449141�
f.
Existing use(s) of structures and open areas.
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g.
Proposed use(s) of structures and open areas.
Uell�l
h.
Existing and proposed landscaping and fencing.
`; r trt S,ra��r�
ryyrc� fence
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SCfCCYI I v1C i
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3. On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
b. Access to and circulation within the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
f. Screening and ,buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.Ql�
i. Location of proposed open space uses.
j. Hours and manner of operation.
k. Noise, light, dust, odors, fumes and vibration.
4. Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
ApplicanSignature Date
K
Section 3;
a. Traffic flow is in and out of driveway accessing center street. No through traffic.
b. Traffic has good access and turn around area in front of building with parking provided.
Rear driveway and parking is closed to the public.
c. Off street parking is provided in designated parking spaces (handicap included and designated).
Off street loading and unloading is available in front of and beside building.
d. Refuse is contained in dumpster provided by the city on the front boulevard.
e. Utilities; underground water supply, sewer, and natural gas. Electricity is overhead.
f. Property has existing chain link fencing six feet in height near front of building. This will have
privacy lattice installed in the near future, for visibility and security.
g. No signs. The exception is lettering on door.
h. One structure, sixteen feet in height at roof peak, twenty six feet wide by sixty feet long
[1,560sq. ft.). With twelve foot high walls. Structure is offset of center on lot for rear access.
i. Open space uses; front of building, public parking and loading zone. East of building, driveway
access to rear for personal parking and access. West side natural area.
j. Operation hours; 10am to noon, 1 pm to 4pm. Evenings and weekends optional depending on
necessity and demands of production.
k. A relatively quiet neighborhood that intends to stay that way. Noise contained within building
and daylight hours. Building has two security lights, one in front parking area and one in rear.
Dust, odors, fumes, vibrations {none), contained within building. Only in small amounts.
RAC ROAD R1GEf OF WAY
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