The URL can be used to link to this page

H4. J&S Automotive CUPKALisPEii. Development Services Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KCU-21-05 — J&S Automotive Conditional Use Permit MEETING DATE: June 21, 2021 BACKGROUND: This matter is a request from Jason Sharp (J&S Automotive) for a conditional use permit to allow an auto repair business at 710 West Montana Street, which is within the B-3 (Core Area Business) zone. The property contains an existing building that was previously used for fleet vehicle maintenance and equipment storage for an internet service company. The property can be described as Lot 1 of Block 155 of Kalispell Townsite Company's Addition Number One to Kalispell, and all that portion of the Westerly One-half of vacated 7th Avenue West North adjoining Lot 1 of Block 155 of Kalispell Townsite Company's Addition Number One to Kalispell, as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on June 8, 2021, to consider the CUP request. Staff presented staff report KCU-21-05, providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Council that the request be granted subject to 9 listed conditions. No public comments were received prior to the meeting, although the applicant and current property owner both spoke. The primary comment related to the feasibility of a sidewalk at this particular location. The public hearing was closed and a motion was presented to adopt staff report KCU-21-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the 9 conditions. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Jason Sharp for Conditional Use Permit KCU-21-05, a conditional use permit for an auto repair business subject to 9 conditions of approval within the B-3 Zoning District, located at 710 West Montana Street, and more particularly described as Lot 1 of Block 155 of Kalispell Townsite Company's Addition Number One to Kalispell, and all that portion of the Westerly One-half of vacated 7th Avenue West North adjoining Lot 1 of Block 155 of Kalispell Townsite Company's Addition Number One to Kalispell, as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Conditional Use Letter June 8, 2021, Kalispell Planning Board Minutes Staff Report Application Materials and Maps 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: Jason Sharp 480 Tronstad Road Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 1 of Block 155 of Kalispell Townsite Company's Addition Number One to Kalispell, and all that portion of the Westerly One- half of vacated 7th Avenue West North adjoining Lot 1 of Block 155 of Kalispell Townsite Company's Addition Number One to Kalispell, as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder of 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 (Core Area Business) zone at 710 West Montana Street. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 8, 2021, held a public hearing on the application, took public comment and recommended that the application be approved subject to nine (9) 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-21-05 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 at 710 West Montana Street in 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. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Any vehicles needing repair work shall not be parked on the street and shall be confined to the designated parking areas within the building and adjacent to the alley. 4. Outside storage of auto parts or partially or completely dismantled vehicles is prohibited. 5. Auto repair shall not occur outside of the enclosed building. 6. The parking area along the alley shall be effectively screened with landscaping between the parking spaces and the street. 7. Prior to commencing operations, the sand/oil separator shall be cleaned and modified to meet city standards. 8. Oil and other flammable materials must be stored appropriately according to requirements under the fire code. 9. Prior to commencing operations, a sidewalk shall be installed for the full length of the frontage of the property within the West Montana right-of-way. The installation shall comply with City of Kalispell Standards for Design and Construction, and may involve regrading the existing access to the repair bays to achieve appropriate slopes. Dated this 21st day of June, 2021. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2021 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 13. An appropriate buffer including privacy fencing and a mix of landscaping shall be installed along the north property line. 14. The developer shall submit water main extension plans, applicable specifications, and design reports to the Kalispell Public Works Department to be reviewed and approved by Public Works prior to construction. 15. The developer shall obtain a 310 permit from the Montana Department of Natural Resources and Conservation for any disturbances to the waterbody, if required. 16. The total number of units on the property for the final design may need to be reduced in order to meet city development requirements. Dated this 21st day of June, 2021. STATE OF MONTANA W County of Flathead Mark Johnson Mayor On this day of , 2021 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 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JUNE 8, 2021 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Doug Kauffman (acting President), Rory Young, Joshua Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. Chad Graham was absent. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Giavasis moved and Skees seconded a motion to approve the minutes of the April 13, 2021, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KA-21-02 — PONDEROSA VET A request from Katherine Gates (Mission Impawsible, LLC) for ANNEXATION annexation and initial zoning of B-1 (Neighborhood Business) for property located at 100 Ponderosa Lane (Ponderosa Veterinary Hospital), containing approximately 1.48 acres. The request is based on a desire to connect to city sanitary sewer service. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-21-02. Staff recommends that the Kalispell Planning Board adopt staff report #KA-21-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-I (Neighborhood Business). BOARD DISCUSSION None PUBLIC HEARING None MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-21-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city B-1 (Neighborhood Business). BOARD DISCUSSION None ROLL CALL Motion passed unanimously on a roll call vote. KCU-21-03 — THE RITZ BAR & File #KCU-21-03 — A request from Tristelle Vu (The Ritz Bar & Salon) SALON CUP for a conditional use permit to allow an accessory casino within the B-4 (Central Business) zone. The property contains an existing bar and will be adding a nail salon in addition to the proposed accessory casino space. The property is located at 110 & 116 Main Street. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Pagel STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Giavasis asked if the CUP would be tied to the property or just the business. Sorenson explained that any kind of zoning entitlements run with the land as long as what they are doing is consistent with what was approved. Vomfell and Young asked about fagade improvements and signage requirements. Sorenson advised both will be required to go through the architectural review process. PUBLIC HEARING Michael Lawlor — PO Box 728, Missoula — attorney for applicant, offered to answer questions about how the liquor license ties in with the accessory casino. Tim Guenzler — 300 Lee Rd. — Owner of Progressive Gaming, is working with the applicants to set up gaming machines. Offered to answer questions. Melissa Quast — 1520 Us Hwy 2 West — concerned with layout of the business and the machines being in the front of the building and operating hours. Dia Sullivan — PO Box 233, Whitefish — architect for the applicant, explained that the layout they designed works best with the existing layout. Darcy Lard — 500 Main St — downtown business owner — is in favor of the bar and salon. Derek Price — 459 Mountain Vista Way — patron of applicants existing business, Nailtopia, and is in favor of the bar and salon. MOTION Vomfell moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Givasis is opposed to the CUP being tied to the property and has concerns with the 20% square footage requirement. Vomfell does not feel we need another casino in the city, and it is unfortunate that a liquor license must be tied to gaming to afford it. Young and Borgardt feel it is an appropriate use. Nygren noted that it's a good thing that the liquor license will be staying in the downtown area. ROLL CALL Motion passed 4-2 on a roll call vote. Vomfell and Giavasis are opposed to the conditional use permit. BOARD MEMBER SEATED Kauffman recused himself and asked Young to chair because he is a representative for Layne Massie (Edge, LLC). KCU-21-04 — EDGE A request from Layne Massie (Edge, LLC) for a conditional use permit APARTMENTS CUP to allow a multi -family residential development for property located at Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 12 2015 & 2105 Third Avenue East, containing approximately 2.04 acres. The development (Third Avenue East Apartments) would include 48 residential units, parking, and recreational amenities. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-04 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Vomfell asked about Condition # 16 and the why the number of units may need to be reduced. Sorenson advised that since the B-2 zone does not have density limits changes may need to be made based on design requirements like parking, trash enclosures, storm drainage, etc. PUBLIC HEARING Carol Thill — 2141 3,d Ave E — Owner of Lucky Dog Day Camp to the south of the subject property. She has concerns with how close the apartments will be to her business and that it may cause problems, barking, smell, etc. with tenants in the future if there is not enough buffer. MOTION Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 04 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed concerns with south property line regarding dog day camp and agreed that the property owner will be responsible and do what they need to do to mitigate future issues. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Kauffman re -seated and took over as chair. KCU-21-05 — J&S AUTOMOTIV L A request from Jason Sharp for a conditional use permit to allow an auto REPAIR CUP repair business within the B-3 (Core Area Business) zone. The property contains an existing building that was previously used for fleet vehicle maintenance and equipment storage for an internet service company. The property is located at 710 West Montana Street. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KCU-21-05. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-05 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed proposed screening, how the required sidewalk would fit and asked for clarification from staff as to why they are requiring the sidewalk if the use prior to this requested use was the same. Staff advised because of the zone change from B-5 to B-3 there are design guidelines now whereas the previous tenant was grandfathered in. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page13 PUBLIC HEARING Butch Clark — 500 Siblerud Lane — owner of property — is concerned with the required sidewalk because of cost and losing some existing trees. Jason Sharp — 480 Tronstad Rd — applicant requesting CUP — spoke to type of repair business he runs and that it's a small slower paced type of repair shop. MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 05 and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed good use for structure but expressed concerns with disproportionate costs of the sidewalk and requiring the applicant to have power poles moved. ROLL CALL Motion passed unanimously on a roll call vote. KPP-21-03 — WESTVIEW File #KPP-21-03 — A request from Owl Corporation for major ESTATES PHASES 6 & 7 preliminary plat approval for Westview Estates Phases 6 and 7. The PRELIMINARY PLAT property is located within an R-3 (Residential) zoning district, with a total of 34 single-family lots on approximately 15.98 acres of land including the lots, streets, a park area, and other common area. The property is located to the east of Stillwater Road and to the north of Westview Estates Phase 2. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report # KPP-21-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-21-03 and recommend to the Kalispell City Council that the preliminary plat for Westview Estates Phases 6 & 7 be approved subject to the condition listed in the staff report. BOARD DISCUSSION Board discussed number of accesses from new phases and approval from fire department as well as how the block length is calculated in relation to cul-de-sac. PUBLIC HEARING Eric Mulcahy — 2 Village Loop — representative for applicant — noted they are happy with the conditions of the staff report and offered to answer any questions. Kit Clark — 147 Taelor Rd — concerned with additional traffic, was hoping for an additional access on Stillwater Rd. Valerie Mitchell —187 Taelor Rd — concerned with additional traffic. Mark Eney —191 Taelor Rd — concerned with additional traffic. MOTION Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-21-03 and recommend to the Kalispell City Council that the preliminary plat for Westview Estates Phases 6 & 7 be approved subject to the condition listed in the staff report. Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 14 BOARD DISCUSSION Giavasis noted he is not a fan of the cul-de-sac and Borgardt asked about doing future phase road improvements now to alleviate traffic concerns. Staff noted that the traffic impact study did not indicate there would be too much additional traffic with the design as is. ROLL CALL Motion passed unanimously on a roll call vote. KPUD-21-01 & KPP-21-02 — Files #KPUD-21-01 and KPP-21-02 — A request from Bison Hill, LLC MOUNTAIN VIEW PUD AND for the Mountain View Planned Unit Development ("PUD"), which is a PRELIMINARY PLAT Residential PUD overlay on approximately 139 acres of land abutting the north side of Foys Lake Road to the west of the Highway 93 Bypass, along with major preliminary plat approval for Phase 1 of the development. The property was previously annexed with a PUD overlay called Willow Creek, which has since expired. This proposal is for a new PUD by a different applicant. The PUD calls for a total of 407 dwelling units (225 single family lots, 16 cottage lots and 166 townhome lots) along with approximately 49.1 acres of open space and park area. The Phase 1 preliminary plat consists of approximately 21.2 acres with 94 lots (5 single family lots and 89 townhome lots), streets and open space. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Reports #KPUD-21-01 & #KPP-21-02. Sorenson noted that the applicant has some concerns with some of the conditions and would like to further discuss these conditions with staff and Public Works and therefore would like to have this tabled to a future meeting. He advised the board that we should proceed with discussion and public comment. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Reports #KPUD-21-01 & #KPP-21-02 and recommend to the Kalispell City Council that the PUD and the preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed west access, the traffic impact study and if it will trigger access to Hwy 2 and the water pressure issues that need to be addressed with Public Works. PUBLIC HEARING Mike Brodie — 431 1st Ave W — representative for applicant — confirmed that the applicant does wish to table for further discussion with staff and Public Works. Francis Flanigan — 849 Foys Lake Rd — agrees with the subdivision and likes the existing layout. Melissa Quast — 1520 US Hwy 2 West — concerned that only 2 accesses for 400 homes are not sufficient and how those accesses will be mitigated. She is also concerned with the number of deviations. MOTION — PUD & Vomfell moved and Borgardt seconded a motion that the Kalispell City PRELIMINARY PLAT Planning Board and Zoning Commission adopt Staff Reports #KPUD- (ORGINAL) 21-01 and #KPP-21-02 and recommend to the Kalispell City Council that the PUD and preliminary plat for Mountain View be approved Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 15 subject to the conditions listed in the staff report. BOARD DISCUSSION Board discussed the fact that both applicant and staff have asked for a table to further discuss the project. They like the project but are concerned with there only being 2 accesses. MOTION — PRELIMINARY PLAT & PUD (TABLE) Vomfell moved to table and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission table Staff Reports #KPUD-21-01 & KPP-21-02 to the July 13, 2021 meeting. ROLL CALL Motion tabled unanimously on a roll call vote. OLD BUSINESS Nygren updated the board on the Kalispell Parkline. NEW BUSINESS Nygren updated the board on the July 13, 2021 planning board meeting. ADJOURNMENT The meeting adjourned at approximately 9:05pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of June 8, 2021 Page 16 J&S AUTOMOTIVE REPAIR REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-21-05 JUNE 2, 2021 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit for an auto repair business within the B-3 (Core Area Business) zone. A public hearing on this matter has been scheduled before the Planning Board for June 8, 2021, 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 This application is a request from Jason Sharp (J&S Automotive) for a conditional use permit to allow an auto repair business within the B-3 (Core Area Business) zone. The property contains an existing building that was previously used for fleet vehicle maintenance and equipment storage for an internet service company. A: Applicant: Jason Sharp 480 Tronstad Road Kalispell, MT 59901 B: Location: The property is located at 710 West Montana Street and can be described as Lot 1 of Block 155 of Kalispell Townsite Company's Addition Number One to Kalispell, and all that portion of the Westerly One-half of vacated 7th Avenue West North adjoining Lot 1 of Block 155 of Kalispell Townsite Company's Addition Number One to Kalispell, as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. C: Existing Land Use and Zoning: The subj ect property is currently vacant, but most recently was used by an internet service company for fleet vehicle storage and maintenance. The property was previously zoned B-5, which is a commercial/industrial based zone. However, it is part of the core area redevelopment plan and was subsequently rezoned to B-3 (Core Area Business). The B- 3 zone is "a district which is intended to provide a variety of both commercial and residential uses. Commercial uses would typically include a mix of retail, office, restaurant, and other similar uses. This zone is based primarily on the core area plan adopted by the city for the area along the railroad corridor and is intended to further the goals and policies in that plan." D. Size: The subject property is approximately 8750 square feet. E: Adjacent Zoning: North: B-3 East: B-3 South: B-3 West: B-3 F: Adjacent Land Uses: North: Office, residential, casino, commercial, sign manufacturing, East: Valcon (industrial/ office) South: Valcon (industrial/ office) West: Retail; industrial FA G: General Land Use Character: The subject property is located within the Core Area Plan, discussed below. The current overall character of the neighborhood is a mix of residential, office, retail, commercial, and industrial uses. With the removal of the tracks and the development of the Parkline Trail to the south, it would be expected that the general area would continue to trend away from industrial as the core area redevelops. Auto repair is permitted in the B-2, B-5, I-1 and I-2 zones, and is a conditionally permitted use in the B-3 and B-4 zones. H: Relation to the Growth Policy: The City of Kalispell Growth Policy Plan -It 2035, Chapter 4B, Land Use -Business and Industry, encourages the development and growth of commercial and industrial districts with a viable mix of businesses and suitable infrastructure. The Core Area Plan, which is part of the Growth Policy, anticipates an infusion of high -density housing and a compatible mix of commercial uses. It is anticipated that auto repair would be among the types of uses creating the mix envisioned in this area given the types of zoning districts where it is allowed. L• Utilities/Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5, Elrod Elementary/Flathead High School Fire: City of Kalispell Police: City of Kalispell 5 ` eE MAIN R" , ATE, MA& - B1� U&M SUBJECT PROPERTY Ift 3 EVALUATION OF THE REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested. The site plan and floorplan are shown below. The addition shown is from a 2003 permit and the addition has already been constructed. - 1 V"'1 L6'/ n,w x tar SASSMSHT PROW ADJACSKT PNCMMTYr CMMRR "j li'dAfldilJdllF a ern as■u va�cohl Wun FaMMUM S- OVER+4ANG LINE LINE �aUI4i71Hti rt r - — -- 53.001 FIXISTMO BUILDING If LOT r. BLOCK M 7 i COO 6220 f r rvaiec� ■more 6 �W I �—UTILITY EASETIFNT Fkftj**M-r I*V4 W IA. fI -A[ --1'�klf -roi II in r � P oiYrA{8 1 I � � } % U 11' 87 E I-IS-104' I~ z WEST MONT, 14A STEIaT W arTF--- IF=L_^N1 In ' FLOOR PLANS 42 A is Area -Fl�all[�ohW�iL'Ibn �- 1 anda;t stalrvvay r# I � I I W� �� .�.y� 4 act 2" K 1 C' raPoaft le` cc woIn I Iii 14'-0'go i I nUs ol� I v�'elle snOf � �� F. I�.B'I �a�' �'•� yo'�" �4'•6' I��' Ste. ` � S-0' �3.e'��--��- - �4'.4" 1. Site Suitability: Adequate Useable Space: The property is developed with a building and an addition that was built in 2003. The proposed use would be located within the existing space utilizing five of the existing bays (three shown on the floorplan facing the street and two in the addition that is not part of the floorplan). Parking on -site would be limited and the space on the western end of the building from the alley (to the right in the floor plan above) would be used for parking of vehicles rather than as bays for auto repair. There are also several existing paved parking spaces off of the alley. b. Height, bulk and location of the building: The building and site layout is existing and no additions are planned. There are no issues relating to height, bulk or location of the building in terms of setbacks, lot coverage, or other property development standards under B-3 zoning. 5 C. Adequate Access: The property fronts on West Montana Street. The repair bays are accessed directly from the street and the parking area is accessed from the alley, as are the parking spaces within the garage. There is adequate access for the proposed use. d. Environmental Constraints: There are no known environmental constraints, such as steep slopes, streams, floodplains, or wetlands on the property, which could affect the proposed use. 2. Appropriate Design: Parking Scheme/Loading Areas: Under the zoning ordinance, two parking spaces are required for each repair bay for auto repair. In the B-3, there is a 50% reduction. With the five bays, five parking spaces are required. There are two spaces in the garage off of the alley and four spaces in the parking area along the alley. Those parking spaces satisfy the parking requirements under the ordinance. The paved driveways in front of the bays along the street shall not be used for parking because they are located within the public right-of-way and back into the street, which is not permitted for non- residential uses. b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Any exterior lighting installed will need to comply with those standards. C. Traffic Circulation: The parking layout is discussed above. There is no traffic circulation on -site per se, but, as noted above, the driveways backing into the street cannot be used for parking and all parking would be in the garage and spaces accessed from the alley. d. Open Space: There are no open space requirements associated with the property, although there are areas of grass, shrubs, and trees that should be maintained. Fencin Screenin andscaping: Perhaps the potentially greatest impact on the surrounding area, particularly in regard to the redevelopment of the core area, would be the visual im act of arked cars waiting for repairs. The parking area off of the alley is screened by existing landscaping which would serve to help screen vehicles 3 from public view. However, while meeting the minimum requirements for number of parking spaces, there would be only a limited area available for cars to be parked while waiting for repairs. It is not possible to I be appropriate as a condition n of approval to prohibit any vehicles needing repair work to be parked on the street to prevent both long-term storage and potentially unsightly vehicles from detracting from redevelopment efforts. f. Sig_nage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. No signage is proposed at this time. A sign permit is required for any exterior signage. 3. Availability of Public Services/Facilities: a. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the project. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. Station 61 is approximately 3600 feet from the subject property, giving good response time. Oil and other flammable materials must be stored appropriately according to requirements under the fire code. C. Water: City water is available and currently serves the property. No changes are anticipated in conjunction with this project. d. Sewer: Sewer service is also available and currently serves the property. No changes are anticipated in conjunction with this project, although there are some items related to the existing sand/oil separator which need to be completed prior to commencing operations per Public Works. The interceptor needs to be emptied and cleaned, and the internal piping needs to be inspected to ensure that the configuration meets city standards. It is anticipated that there may need to some modifications. The concrete lid will need to be replaced with a steel ring and lid. Finally, the applicant needs to ensure all shop drains lead to the interceptor once clean. e. Storm Water Drainage: No additional impervious area will be added in conjunction with this proposal and existing facilities would be utilized. There is a city storm drainage line just to the east of the property. Storm run-off would generally flow from the property to the street and then into the city inlet. f. Solid Waste: Solid waste pick-up will be provided by the City. g. Streets: The property fronts on West Montana Street. No improvements to the street are required to support the use as all necessary street improvements are already in place. h. Sidewalks: The frontage of the property does not include a sidewalk. Generally, sidewalks are included as a condition, if not present, for commercial building permits, conditional use permits, etc. Providing sidewalks is part of the city policy geared towards creating a pedestrian -friendly environment and improve safety. In this particular instance, the existing frontage is primarily a curb cut for access to the 7 existing repair bays. In order to meet appropriate grades, there would be a substantial amount of work required to regrade the existing slopes. On the other end of the property, a sidewalk would eliminate some of the primary landscaping screening the parking area. There are no plans for any building remodeling or construction as part of this project. i. Schools: This site is within the boundaries of School District 95. There would not be an impact on schools. Parks and Recreation: No parkland or recreational amenities are required. 4. Neighborhood impacts: Traffic: There is minimal impact on traffic in connection with the proposed use. There would be some increased traffic beyond the prior use, which did not involve the public coming to the building. However, the city streets can adequately serve the property with the proposed use. b. Noise and Vibration: There would be some noise and vibration associated with auto repair. It would be similar to the fleet vehicle maintenance that used to be on the property, but would be on a more consistent schedule. All repair work would be inside the building, which would minimize any impacts. C. Dust, Glare, and Heat: The auto repair use would not generate any unreasonable dust, glare, and heat beyond the building. As with noise and vibration, the repair work would be performed inside the building. d. Smoke, Fumes, Gas, or Odors: The auto repair use will not create unreasonable smoke, fumes, gas and odors. All repair work would be performed inside the building and help minimize those impacts on the surrounding property. Hours of Operation: It is anticipated that the business will be open from 7:30 AM until 5:30 pm. 5. Consideration of historical use patterns and recent changes: The property is located in an area that historically has been a mix of uses, including industrial, with the proximity to the railroad tracks. As part of the redevelopment efforts under the Core Area Plan as well as with the pending removal of the tracks and the installation of the Parkline Trail, it is anticipated that uses in the surrounding area will trend away from industrial as redevelopment occurs. The Core Area Plan anticipates high -density housing and a mix of compatible commercial uses. Given that auto repair is included as a permitted use within the B-3 (Core Area Business) zone, it is expected that auto repair would be included as part of the mix of commercial uses within the zone. 6. Effects on property values: No significant impacts on property values are anticipated as a result of the requested conditional use for the auto repair shop. RECOMMENDATION The staff recommends that the Kalispell Planning Board adopt staff report #KCU-21-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: CONDITIONS OF APPROVAL 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. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Any vehicles needing repair work shall not be parked on the street and shall be confined to the designated parking areas within the building and adjacent to the alley. 4. Outside storage of auto parts or partially or completely dismantled vehicles is prohibited. 5. Auto repair shall not occur outside of the enclosed building. 6. The parking area along the alley shall be effectively screened with landscaping between the parking spaces and the street. 7. Prior to commencing operations, the sand/oil separator shall be cleaned and modified to meet city standards. 8. Oil and other flammable materials must be stored appropriately according to requirements under the fire code. 9. Prior to commencing operations, a sidewalk shall be installed for the full length of the frontage of the property within the West Montana right-of-way. The installation shall comply with City of Kalispell Standards for Design and Construction, and may involve regrading the existing access to the repair bays to achieve appropriate slopes. 0 Development Services Department 2011st Avenue East AILILSPEILIL Kalispell, MT 59901 ICPhone (446) 758-794.7940 CONDITIONAL USE PERMIT Email: olanning@kalispell.com Website: www.kalispell.com Pr t Name `� Property Address --T 1 NAME OF APP ICANT a,SOki Applicant Phone 21 - (01 Applicant Address LIAO % N 7ff0 ie1D. City, State, Zip ct11 tl �59ci l Applicant Email Address S%-roMo'nVF10((qC-7Mlit L. C If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER ((�OFRECORD (L� 0,M 4"L. Owner Phone 11 !' 002 Owner Address City, State, Zip s ,zM o Ka) tM sg1 Owner Email Address C t, aM CONSULTANT (ARC)IITECTIENGINEER) -XIAAddress Phone City, State, Zip Email Address POINT OF CONTACT FOR REVIEW COMMENTS Phone M &i !v 2-UL-400 2- Address 500 S IlbL o W. City, State, Zip KaLiSjaott I Jul" 59q Email Address ! List ALL owners (any individual or other entity with an ownership interest in the property): CM CAAeK 4- :J,tVr e Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. Development Services / Department 201 1st Avenue East KAiuiSPE11,11, Kalispell, )MT 75 Phone (40617513-794.7940 1. Zoning District and Zoning Classification in which use is propsed: 2. Attach a site plan of the affected lot which identifies the following items: a. Vicinity map and surrounding land uses b. Dimensions and shape of lot c. Topographic features of lot d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings I. Existing use(s) of structures and open areas g. Proposed use(s) of structures and open areas h. Existing and proposed landscaping, screening, fencing, open space & signage i. Exisiting and proposed parking, loading, lighting & traffic circulation j. Exisiting and proposed garbage collection, streets & utilities k. Floodplain if applicable I. Adjacent sidewalks & bike trails 3. Attach Building Elevations - (drawing of any proposed building and/or addition showing views from north, south, east and west } 4. On a separate sheet of paper, discuss the following topics relative to the proposed use (please elaborate beyond referencing materials listed above): a. Traffic flow and control b. Access to and circulation within the property c. Off-street parking and loading d. Refuse/garbage collection and service areas e. Utilities (water, sewer, electric, etc.) f. Screening and buffering g. Signs, yards and other opens spaces h. Height, bulk and location of structures i. Location of proposed open space uses j. Hours and manner of operation k. Noise, light, dust, odors, fumes, vibration, glare and heat I. Storm drainage m. Fire/Police 5. 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 City staff to be present on the property for routine monitoring and inspection during the approval and development process. VI Applibarlt Slgh1iture I Date Development Services kr=Department L Phone 1st Avenue East Kallspell, MT 59901 Phonet406j758.7940 APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. *Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 3. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 4. Application fee based on the schedule below, made payable to the City of Kalispell: Single Family (10 or fewer trips per day) $250 Minor Residential (2.4 units or 11.49 trips per day) $300 + $251unit or every 10 trips Major Residential (5 or more units or 60+ trips per day) $350 + $501unit or every 10 trips Churches, schools, public/ quasi -pubic uses $350 Commercial, industrial, $400 + $501acre medical, golf courses, etc or unit or $.051sf of leased space over 5,000 sq ft whichever is greater C.M. CLARK JANET M. CLARK 500 SIBLERUD LANE KALISPELL, MT. 59901 May 2, 2021 To Whom It May Concern; As owners of the building known as 710 W. Montana St, City of Kalispell, with the attached legal description (Exhibit A), please use this letter as authorization for Jason Sharp to proceed with his Conditional Use Permit. Please feel free to call me if you need additional information. Sincerely, C.M. Clark 406-261-0028 Janet M. Clark 406-261-0027 EXHIBIT `A' Lot One (1) of Block One Hundred Fifty-five (155) of Kalispell Townsite Company's Addition Number One to Kalispell, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. E lI All that portion of the Westerly One-half of vacated 7t' Avenue West North adjoining Lot 1 of Block 155 of Kalispell Townsite Company's Addition Number One to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Zoning District and Zoning Classification in which use is proposed: B 3 Breakdown on #2 (Site Plan) a. See Exhibit 2a b. Rectangular Lot 50' wide by 175' long continuing 8,750 sq ft c. Basic Flat Lot see Exhibit 2c d. See Exhibit 2d e. No new or remodeled building f. Presently not leased, was a truck and equipment maintenance shop for 17 years between 2003 and 2020 g. Automotive repair see Exhibit 2g h. See pictures i. See Exhibit 2i j. All by City of Kalispell and Flathead Electric Coop see Exhibit 2i k. N/A I. None Breakdown on #4 4a. Not Changed 4b. Not Changed 4c. See Exhibit 2i 4d. Garbage container as shown on Exhibit 2j will be semi hidden from the street by the large bush and lilac shown in the pictures 4e. Water and sewer by the City of Kalispell. Sewage affluent is protected by 2 large sand traps and an oil/water separator. Electric is by Flathead Electric Coop 4f. The screening and landscaping is shown in the pictures 4g. Signs will not be designed until approval, but will be in compliance with city 4h. The building is shown as it has existed since 2003 and will not be changed or altered in anyway 4i. N/A 4j. Hours of operation will be 7:30am to 5:30pm. Monday thru Friday, except for holidays 4k. There will not be light, dust, odors, fumes, vibration, glare or heat. This property has never had a complaint since 2003 4i. Storm drainage is by City of Kalispell 4m. Fire and police are provided by City of Kalispell 1� �A � BNBRWi L N 'fi 4�0 WEDOEWOi CQ RAMI w 0 0R 4 h O � 2 . Jrtl� 4 J C _ z y O Kr as KOBE 5 GLEN y Y il�rxTT ST c c a 2 C BIND L TLLLOWSTOIIE ST S LAMBE GLACiER ST SUNRI L � MRE o IL S d O OATEWAT p HALL I� I- 5} I U APPL WAY IN :.r _ACZz� ao 404 t a f m I�O 1 �a LOCATION MAP /WOOu m LISAPL . 9314 9 a +E - BUfFAIO #IILLS m ,IT a vwW u,,,e SUNNYVIEiNLN _ RIVERSIDE �r A CONWAI HOSPITAL GOLF COURSE w; N t m� �O 1 a n i R W eouan��, Q sssggq MA06TADT PA U`w 0�8Q0 O UNDER� QytFp' 0 '�i 1 NA 3 W ARI ZON By 3 {,ABti+=O LW { L xao0 dVHr o `Z L i ? C 9i T rp 2.940eM1IH0 iT o 5T a� sx rrw YYOMINO.BTA aN,NGBT x ENEVAOABS aAVFOa NIA a sr 4 T ,� 4 4 m l 0 6R0 NOS i ORE �p t°A m w ABI+�NaT W AN'ST E 4� SHADY W v �c m M 4T EMONT r n, O GLElANqA z 3, LENWOOOLN C T _ s 1 v ST E OR in a , f ^" Y E. CONQ' n a n c W LfiOAty BPB ELlNEN .' A� W 5SY P BT PAaXgILL P i 4OQO 4 a d w Or r ' 6R BT Y' G yN0 Z 8T O E RD n ~ °u VI GETrT gT = yP0 53 18T '3 5T Z 1 5O = •'iH s1 �I•�,yO a o $ ytl0 w S W A 5TM Y W >• 'rp i E E y1• OJ. GONCORa LN z y 9S v` m W Tth *AW a'T1i P 8T gT mE mTTN �µ 1nN w it 5T W 5T s R E � P. 1STER AVE � £ £ £ QTM 5T � ytiTii f, W m 5T VR 4 OB AVE 10T'A£ £ R £ AI 5T IAEiAQRY t a An a n £ sT . �T}l tiZTti 5T tiyTll w ST B LN ° �� r �•� W {t�l �� '" s m = � GpB� I - LANE m G 1V� .Y yF s < GAI NUA C R W ROYAL PINES CT W� AS T .0 iBTN ST r 2 cr f SUNNYSIOr.O ¢I ® m ce 710 West Montana Street Kalispell, Montana 7 7 5 7 l l l l 7 7 l l l 7 l l ADDITION FAIRGROUNDS ADDITION 1.01 3 �s} i;� %F L20 10 VEMUM kw. HQ. 4$ I,..- ( a - SECTION MAP 710 West Montana Street Kalispell, Montana �eG<<Z_% d ten NC,Rj\AVRN cxo ' ISAR SURVEY MAP H 7eyrar e IMOO i (Lat9,Bio r155) G'T` ' (COS' 6228) a� A� r L u 1 710 West Montana Street Kalispell, Montana LWMT HALF OF 'AM 7TM AVEWA IM SITE PLAN � Xkj bd �� - _!=--• F5�_��• 5.d0' S �i !Y 3�' E IE8_00' -$E,iE1.E31-- LIKE -- ------ -- w i i 1 . i EXISTING € UILDING N t LOT !. 04-am 11� - i ----------------- _____--------- ---UTury EASEMENT -; K 16 IF 32 E MOO, ' 33.:p' 0 33.00' z WEST MONTANA STEET SETS mL At SCALE=s 1•' � �o.00• 710 West Montana Street Kalispell, Montana r m r� r i ' FLOOR PLANS �rlo Al use �` Firewal! canstra[�lon A � j I Attic Area 28'-Ou 7_0 4316" /Firemil wnatwotlon T' 4'-s� - rl-- .' j W-W enclosed stairway , �g 2CY4r !�'j� 28'-0" r � 2" x 10" ratters 16" ocT r-T garage door == gaga door garage door 14W IT -VI Y-4- 1 1 9'-w 1T-6* 49-T I 1 w r 710 West Montana Street Kalispell, Montana v 20' PRIVATE DRIVE S 13 40' 280 E. 44.43' iF 1 ® I I I I. it l� 'I 1` za'—a' N 13 48' 26' W 44.43' 11' ALLEY 117;w _ W,"'I, i 101vi \ I /;j 13�j'/.vds N 13 48' 280 W 41R.43f 11' ALLEY -rka A L j l-Acf In .?I�i xi-�Olwr 1 s.� r FA RWeS7-,EjVJ 0 F fi-of cL7-y 4 M mo a 33 �„ 1:` 70 E n D O 7I1 e — -- --- --- --rr- — — -- M co D 1 I I X o� 1 1 ^ < ' I Zco o D I 0 0 � o o z ol-o D > - I • < ... o 0) '° I z O r a r--------------- ------ N 1 moE _ 1 u I_ o W A I D mn III o� r < I O 1 o�z II ____________ _ i a - --� — O„ 40 z --------------{ 1 i ------- ---ri LF 0 30 Az 70 mo m Z C, J z -o 0 N O C), m �o �Xo .o Z ._ rn v m 70 bn 5, -0 91 61) . XS11Y X "£v6ip m met o ir £i N I *o 1 o i w u1 r li1?,OT�, i z F J HI z Y Ill F Z of L � 3� 1 is El a - I ■ +7 law I .. m "Milli 4 'k r► Lo�