H3. The Silos Conditional Use PermitKALisPEii.
Development Services Department
201 1st 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-21-06 — The Silos Conditional Use Permit
MEETING DATE: September 7, 2021
BACKGROUND: This application is a request from Big Sky Investments Kalispell, LLC, for a
conditional use permit to allow additional height over sixty (60) feet for buildings on property located
at 505 West Center Street/740 West Railroad Street within the B-3 (Core Area Business) zone. The
property is being redeveloped, but has recently contained various buildings, grain silos, and railroad
tracks. The existing silos will remain in place with the addition of a restaurant on top, and new multi-
family residential buildings will be constructed. A total of approximately 264 dwelling units are
anticipated. The project also may include other general commercial uses as part of a mixed -use
development. The height of the silos with the restaurant will be approximately 110 feet and the
height of the multi -family buildings will be approximately 70 feet.
The property is located at 505 West Center Street/740 West Railroad Street and can be described as
Assessors Tracts 8B, 8, 8J, 8D, 8C, 8E, 8F, and 8-0 in Section 7, Township 28 North, Range 21 West,
P.M.M, Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing on August 10, 2021, to consider the
CUP request. Staff presented staff report KCU-21-06, 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 15 listed conditions.
One public comment was received at the meeting in addition to comments from the applicant's
representative. The comment was based on a concern about the number of units near her property
and alley access that is currently blocked. The public hearing was closed, and a motion was
presented to adopt staff report KCU-21-06 as findings of fact and recommend to the Kalispell City
Council that the conditional use permit be granted subject to the 15 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
Big Sky Investments Kalispell, LLC, for Conditional Use Permit KCU-21-06, a conditional use
permit for additional height in the B-3 (Core Area Business) zone, subject to 15 conditions of
approval, located at 505 West Center Street/740 West Railroad Street, and more particularly
described as Assessors Tracts 8B, 8, 8J, 8D, 8C, 8E, 8F, and 8-0 in Section 7, Township 28 North,
Range 21 West, P.M.M, Flathead County, Montana.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Conditional Use Permit
August 10, 2021, Kalispell Planning Board Minutes
Staff Report
Application Materials and Maps
Aimee Brunckhorst, Kalispell City Clerk
Retum 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: Big Sky Investments Kalispell, LLC
530 W 19th Street, Ste 301
Whitefish, MT 59937
LEGAL DESCRIPTION: Assessors Tracts 8B, 8, 8J, 8D, 8C, 8E, 817, and 8-0 in Section 7,
Township 28 North, Range 21 West, P.M.M, Flathead County,
Montana, and as more particularly described on the attached Exhibit
«A»
ZONE: B-3, Core Area Business
The applicant has applied to the City of Kalispell for a conditional use permit to allow
additional height over 60 feet for buildings on property located at 505 West Center Street/740 West
Railroad Street within the B-3 (Core Area Business) zone.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
August 10, 2021, held a public hearing on the application, took public comment and recommended
that the application be approved subject to fifteen (15) 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-
06 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow additional height over 60 feet for buildings on property located at
505 West Center Street/740 West Railroad Street in the B-3 zoning district, subj ect to the following
conditions:
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. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit.
4. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards,
as well as compliance with other site development standards, the development shall receive Site
Review Committee approval prior to issuance of the building permit.
5. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the City of
Kalispell Construction and Design Standards.
6. Prior to construction, the developer shall submit to the Kalispell Public Works Department an
erosion/sediment control plan for review and approval, as well as a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for Storm
Water Discharge Associated with Construction Activities.
7. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The
terms, conditions, and recommendations of the Traffic Impact Study (TIS) shall be complied
with prior to the issuance of any building permits.
8. The frontages for Fifth Avenue West North and West Center shall be improved to the
applicable city standards. Those improvements would include, but not necessarily be limited to,
curb/gutter, sidewalks, landscape boulevard, trees, and street lights. Additional right-of-way on
West Center Street will need to be dedicated to accommodate the width for a collector street and
its associated improvements. The width and the improvements will need to be modified to
work around the silos.
9. The access shown on the site plan on West Center Street near the intersection with Fifth Avenue
West North shall be eliminated or relocated to an appropriate location.
10. The developer shall submit water and sewer 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.
11. The developer shall provide pressure boosters for individual buildings that meet requirements of
the Montana Department of Environmental Quality and the City of Kalispell in order to meet
pressure requirements for water service and fire sprinkling.
12. The location of any necessary hydrants shall be determined by the Fire Chief.
13. The cantilevered portion of the restaurant extending over the West Center Street right-of-way is
subject to review and approval by the Kalispell Public Works Department and the Montana
Department of Transportation. The encroachment approval may include any conditions
necessary to ensure the safety of the occupants and the travelling public.
14. The crossings over the bike path shall be kept to a minimum, ideally no more than one, but at a
maximum of two, subject to the review and approval of the Site Development Review
Committee.
15. Prior to issuance of a building permit for any development in the northwestern portion of the
property, an easement shall be dedicated to the City for the existing city storm water
conveyance line in the northwestern portion of the property either in the current location or
relocated to a new location at the developer's expense. Final design will be approved by
Kalispell Public Works Department prior to building permit issuance.
Dated this 7th day of September, 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
EXHIBIT "A"
Parcel 1:
A tract of land situated in the southeast quarter of the southwest quarter of Section 7, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as
follows:
Beginning at a point which is 50 feet in a northerly direction from the northeasterly corner of
block 159 of Kalispell Townsite Company's Addition number one to Kalispell and on a line
which is a continuation of the easterly line of said block 159; thence running in a northerly
direction and along a line which is a continuation of the easterly line of said block 159 a distance
of 136.5 feet to the point of beginning; thence continuing in a northerly direction of a line
parallel with a line which is a continuation of the easterly line of said block 159 a distance of
13.5 feet to the south line of the Burlington Northern Railroad Right of Way; thence running a
right angle in a westerly direction along the south line of the Burlington Northern Railroad Right
of Way a distance of 511.5 feet; thence running at a right angle in a southerly direction on a line
which is parallel with a line which is a continuation of the easterly line of said block 159, a
distance of 13.5 feet, thence running at a right angle in a easterly direction a distance of 511.5
feet to the point of beginning.
Parcel 2:
Beginning at a point 50 feet in a northerly direction from the northwest corner of lot 12 in block
159 of Kalispell Townsite Company's Addition Number one to Kalispell, Montana; thence
running 50 feet westerly parallel to the north boundary line of said block 159, thence northerly at
right angles and parallel with the west boundary line of said block 159, a distance of 136.5 feet;
thence easterly at right angles and parallel with the north boundary line of said block 159, a
distance of 300 feet; thence southerly at right angles and parallel with the west boundary line of
said block 159, a distance of 136.5 feet; thence westerly at right angles and parallel with the
north boundary line of said block 159, a distance of 250 feet to the place of beginning.
Also
Beginning on a point on a line which lies parallel with and 50 feet distance in a northerly
direction from the northerly boundary line of block 159 of Kalispell Townsite Company's
Addition number one to Kalispell, which point of beginning is 350 feet in a westerly direction
from a point which is 50 feet in a northerly direction from the northeasterly corner of and on a
line which is a continuation of the easterly boundary line of said block 159; the above described
point of beginning, being also the southwesterly corner of a tract of land heretofore deeded by
Kalispell Townsite Company, a Corporation, to Henry W. Hammond, George W. Fenwick and
Charles A. Peplow; thence running in a westerly direction and on a line parallel with the
northerly boundary line of said block 159, a distance of 100 feet; thence running at a right angle
in a northerly direction a distance of 136.5 feet, thence running at a right angle in an easterly
direction and on a line which is parallel with the northerly boundary line of said block 159, a
distance of 100 feet; thence running at a right angle in a southerly direction a distance of 136.5
feet to the place of beginning. The last above described premises being a part of an unplatted
tract of land lying between the northerly boundary line of blocks 158 and 159 of Kalispell
Townsite Company's Addition number one to Kalispell, and the southerly boundary line of the
Right of Way of the Saint Paul, Minneapolis and Manitoba Railway Company, and lying
westerly from and adjoining a certain tract of land heretofore deeded by Kalispell Townsite
Company, a Corporation to Henry W. Hammond, George W. Fenwick and Charles A. Peplow.
Also
Beginning at a point which is 50 feet in northerly direction from the northeasterly corner of block
159 of Kalispell Townsite Company's Addition number one to Kalispell, and on a line which is a
continuation of the easterly line of said block 159; Thence running in a northerly direction and
along a line which is a continuation of the easterly line of said block 159, a distance of 136.5
feet, Thence running at a right angle in a westerly direction a distance of 50 feet; Thence running
at a right angle in a southerly direction and on a line which is parallel with a continuation of the
easterly line of said block 159 a distance of 136.5 feet to a point 50 feet north of the northerly
line of said block 159, thence running at a right angle in an easterly direction a distance of 50
feet to the place of beginning.
Also
Beginning at a point on a line which lies parallel with and 50 feet distance in a northerly
direction from the northern boundary line of block 159 of Kalispell Townsite Company's
Addition no. One to Kalispell, which point of beginning is 450 feet in a westerly direction from a
point which is 50 feet in a northerly direction from the northeasterly corner of and on a line
which is a continuation of the easterly boundary line of said block 159. The last above -described
point of beginning being also the southwesterly corner of a tract of land heretofore deeded by
Kalispell Townsite Company, a Corporation to Kalispell Flour Mill Company, a Corporation of
Kalispell, Montana; Thence running in a westerly direction, and on a line parallel with the
northerly boundary line of said block 159, a distance 61.5 feet; thence running at right angles in a
northerly direction a distance of 136.5 feet; Thence running at right angles in an easterly
direction and on a line which is parallel with the northerly boundary line of said block 159 a
distance of 61.5 feet; thence running at right angles in a southerly direction a distance of 136.5
feet to the place of beginning.
The last above -described premises being a part of an unplatted tract of land lying between the
northerly boundary line of blocks 158 and 159 of Kalispell Townsite Company's Addition No.
One to Kalispell and the southerly boundary line of the Right of Way of the St. Paul,
Minneapolis and Manitoba Railway Company and lying westerly from and adjoining a certain
tract of land heretofore deeded by Kalispell Townsite Company, a Corporation, to Kalispell
Flour Mill Company, a Corporation of Kalispell, Montana, according to a map or plat of
Kalispell Townsite Company's Addition No. One to Kalispell, Montana, now on file in the office
of the Clerk and Recorder of Flathead County, Montana.
Parcel 3:
Tract 2 of Certificate of Survey No. 9961, a tract of land, situated, lying, and being in
Government Lot 4 and the Southeast Quarter of the Southwest Quarter of Section 7, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
AUGUST 10, 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 Chad Graham, Doug Kauffman, Rory Young, Joshua Borgardt,
Kurt Vomfell and Ronalee Skees. George Giavasis 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
Vomfell moved and Kauffman seconded a motion to approve the
minutes of the July 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
Mark Noland — 8 Hathaway Lane — state representative out of the
Bigfork area and noted that he is interested to hear about what the
council has to say about the Marijuana Dispensaries on tonight's work
session agenda so that he can report back to his committee.
KA-21-03 — GLACIER VILLAGE
File #KA-21-03 — A request from Go Development, LLC for annexation
GREENS
and initial zoning of R-4 (Residential) for property located adjacent to
the rear of properties at 199-211 Palmer Drive, containing approximately
0.02 acres. The request is based on a desire to add approximately 2 feet
in depth to seven existing city sublots.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KA-21-03.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-21-03 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 R-4 (Residential).
BOARD DISCUSSION
None.
PUBLIC COMMENT
None.
MOTION
Kauffman moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt Staff Report #KA-21-03
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 R-4
(Residential).
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER SEATED
Young recused himself because he is a representative for the Silos
project.
Kalispell City Planning Board
Minutes of the meeting of August 10, 2021
Pagel
KCU-21-06 — THE SILOS
File #KCU-21-06 - A request from Big Sky Investments Kalispell, LLC
(The Silos) for a conditional use permit to allow additional height over
60 feet for buildings on property located within the B-3 (Core Area
Business) zone. The property is being redeveloped, but has recently
contained various buildings, grain silos, and railroad tracks. The
existing silos will remain in place with the addition of a restaurant on
top, and new multi -family residential buildings will be constructed. The
height of the silos with the restaurant will be approximately 110 ft and
the height of the multi -family buildings will be approximately 70 feet.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
#KCU-21-06.
The staff recommends that the Kalispell Planning Board adopt staff report
#KCU-21-06 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
Kauffman asked about projected use inside the Silos. Sorensen
responded it will be limited to mechanical type of uses such as elevators
and water boosters.
Vomfell feels that the three crossings seem a little excessive, Sorensen
noted that the site review process has not yet begun and that the site
review committee will try to reduce the crossings as much as they can.
PUBLIC COMMENT
Toby McIntosh — Jackola Engineering — representative for the applicant
— mentioned that they are still working on the structural analysis of the
grain elevators such as scanning to find rebar and concrete thickness. He
also offered to answer any questions.
LaRae Miller — 62 6t1i Ave " — she is concerned with the amount of
people that will be housed in the apartments on the NE corner because
they are so close to her property. She is also wondering if the alley
behind her house will be opened to through traffic, right now it is closed
off by a chain link fence.
MOTION
Vomfell moved and Skees seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt staff report #KCU-21-06
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
Vomfell noted he likes the condition limiting the number of crossings on
the property. Kauffinan agreed, he would like to see the crossings
limited to one.
Skees asked staff is the public comment regarding the alley way could
be addressed. Sorensen noted that this CUP is for the additional height
of the buildings not for the multifamily use, so the board really isn't
looking at density or increased traffic with this CUP. At this point a
traffic impact study has not been completed and is not required until the
building permit application is turned in.
Kalispell City Planning Board
Minutes of the meeting of August 10, 2021
Page 12
Graham noted he likes the gabled rooves.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RE -SEATED
Young re -seated.
OLD BUSINESS
Nygren updated board on recent City Council meeting.
NEW BUSINESS
Nygren updated board on September 14t1i Planning Board agenda.
ADJOURNMENT
The meeting adjourned at approximately 6:37pm.
Chad Graham
President
APPROVED as submitted/amended:
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of August 10, 2021
Page13
BIG SKY INVESTMENTS KALISPELL, LLC
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-21-06
AUGUST 4, 2021
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request
for a conditional use permit for additional height over sixty (60) feet within the B-3 (Core Area
Business) Zoning District. A public hearing on this matter has been scheduled before the Planning
Board for August 10, 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 for a conditional use permit to allow additional height over sixty (60)
feet for buildings on property located at 505 West Center Street1740 West Railroad Street within
the B-3 (Core Area Business) zone. The property is being redeveloped, but has recently contained
various buildings, grain silos, and railroad tracks. The existing silos will remain in place with the
addition of a restaurant on top, and new multi -family residential buildings will be constructed. A
total of approximately 264 dwelling units are anticipated. The project also may include other
general commercial uses as part of a mixed -use development. The height of the silos with the
restaurant will be approximately 110 ft and the height of the multi -family buildings will be
approximately 70 feet.
A: Applicant: Big Sky Investments Kalispell, LLC
530 W 19'h Street, Ste 301
Whitefish, MT 59937
B: Location: The property is located at 505 West Center Street/740 West Railroad Street and
can be described as Assessors Tracts 8B, 8, 8J, 813, 8C, 8E, 817, and 8-0 in Section 7, Township
28 North, Range 21 West, P.M.M, Flathead County, Montana.
C: Existing Land Use and Zoning: The subject property is currently undeveloped, although
there are existing grain silos which remain from the prior use of the property, which
involved transferring grain from trucks to train cars. The B-3 (Core Area Business) zoning
for the property is a "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 4.8 acres.
E: Adjacent Zoning:
North:
B-3
East:
B-3
West:
City B-3/County I-1
South:
B-3
F: Adjacent Land Uses:
North: Valcon (industrial/office)
East: Kalispell Center Mall
West: Retail and light industrial
South: Retail and light industrial
Parkline Trail is adjacent
to and through the property
G: General Land Use Character: The general land use of the area is in a transition area from the
downtown retail area into old industrial sites. The industrial uses were related in part to the presence
of the railroad tracks. The tracks are in the process of being removed and replaced with the Parkline
Trail, which is a linear park and bike path running east to west through town. The trail runs through
the property and is a major component in an evolving character that is trending towards an urban mix
of residential, commercial, and office use.
Kalispell Growth Policy Exhibit- July 12th. 2021
W)RTH Center Stl5th Ave W: Tracts 8b. 8. 8j, 8d 8c. 8e. 8f & 8-0
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Date: July 12th. 2D21 � Kalispell eve lopwnt S—i;es
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H: Relation to the Growth Policy: The
Kalispell Growth Policy Future Land Use Map
designates the subject property as Commercial.
The Commercial land use category provides areas
for commercial uses such as general retail,
offices, restaurants, and other uses consistent with
general business zoning districts, including multi-
family. City services including sewer, water and
streets are immediately adjacent to the subject
property.
The Core Area Plan is a neighborhood plan which
is incorporated into the Growth Policy. The Plan
was adopted in 2012 and addresses the
redevelopment of the area of town surrounding
the railroad tracks. The Plan encourages the
redevelopment of older sites, particularly
industrial sites, with a mix of uses including both
commercial and multi -family. Higher density
multi -family is specifically encouraged, as are
uses which would help attract tourism to the area.
The additional height for the multi -family
component of this project helps allow more density while providing a better architectural appearance
with a pitched roof rather than a flat roof as well as adequate parking, which is being included within
the first floor of the buildings. The additional height for the restaurant on top of the silos is necessary
for any use of the silos. Preserving the silos with the proposed improvements maintains an important
aspect of the history of Kalispell while creating a new, interesting use for the structure. The restaurant
would have unique views that would attract business to the core area. The additional height is
consistent with the Core Area Plan and the Growth Policy.
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 95, Elrod Elementary/Flathead High School
Fire:
City of Kalispell
Police:
City of Kalispell
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EVALUATION OF THE REOUEST
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.
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PROPOSED SITE AND UTILITY PLAN .r,e
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1. Site Suitability:
Adequate Useable Space: The subject property is approximately 4.8 acres. The
project site is generally flat with no significant topographical impediments, although
there is a gentle slope on the property. The B-3 zoning district does not have a
maximum density, relying instead on appropriate design to accommodate required
improvements such as parking, stormwater, and recreational amenities. There are two
aspects of the site which do need to be worked around. One is the existing grain silos,
which the project design is trying to embrace and preserve as part of the project rather
than tearing them down. The design with the silos is a key aspect of the request for
additional height. The second is the new bike path which runs through the site as well
as rail banking areas which cannot be developed according to the rail banking
agreement between the City and the Surface Transportation Board. It has less of a
direct bearing on the height of the buildings, but it does create a site constraint which
tends to push for additional height in order to maintain density.
b. Height, bulk and location of the building: There are no setbacks or maximum lot
coverage requirements in the B-3. The maximum height allowed by right is 60 feet,
and an unlimited amount of height with a conditional use permit. The height of the
existing silos is about 71 feet. Until recently, there was a structure on top of the silos
which made the height over 80 feet. In any case, the silos are taller than the maximum
height allowed by right without the restaurant on top. Adding the restaurant makes
preserving the silos financially viable. The multi -family structures would be
approximately 70 feet tall. The additional height would allow for the pitched roofs
across the elevation rather than a flat roof, and also allow for parking inside the first
floor of the buildings.
The Architectural Review Committee has been working with the applicant on the
preliminary design of the buildings and is in a continuing discussion with them. Final
review of the project by ARC will occur after the conditional use permit process is
completed and prior to issuance of the building permit.
One aspect of the silo structure with the addition of the space on top is that the height
brings in the high-rise construction provisions of the building code. When an
occupied floor is 75 feet or more above where the fire response would be, there are
special structural, fire/life safety, and other considerations that will need to be
addressed. The building plans will be reviewed under those standards during building
permit review.
C. Adequate Access: The access for the development will be from Fifth Avenue West
North and from West Center Street, both of which are city streets. There would also
eventually be an access from Eighth Avenue West North. While this conditional use
permit is not reviewing the use on the property per se (it is for the height of the
buildings only), the height of the buildings helps generate density which is related to
access.
Some improvements to the frontages are necessary to bring them to city standards, but
the street system would provide adequate access. Those improvements would include,
but not necessarily be limited to, curb/gutter, sidewalks, landscape boulevard, trees,
and street lights. Additional right-of-way on West Center Street will need to be
dedicated to accommodate the width for a collector street and its associated
improvements. The width and the improvements need to be modified to work around
the silos given that they are fixed in location.
Also, the access shown on the site plan on West Center Street near the intersection
with Fifth Avenue West North should be eliminated or relocated due to the proximity
to the intersection and the potential for traffic conflicts. Removal of the approach will
likely result in a minor change of the site plan.
Based on the number of trips generated, a Traffic Impact Study ("TIS") will be
required to establish what, if any, additional street improvements need to be made to
accommodate the development. The TIS should be submitted prior to issuance of a
building permit and any recommendations from the study should be implemented as
part of the project.
d. Environmental Constraints: There are no known environmental constraints, such as
steep slopes, streams, floodplains, or wetlands on the area of the property proposed
for development which could affect the proposed use. As a former
industrial/brownfields site, Phase I and Phase 2 environmental assessments for the
property were conducted. The Flathead Economic Development Authority, which
owned a significant portion of the overall site prior to selling to the developer, took
steps to help clean the site. The Montana Department of Environmental Quality issued
a statement of no further action, so the site has been cleaned up to the point where
there are no development restrictions.
2. Appropriate Design:
Parking Scheme/Loading: The off-street parking requirement for multi -family
dwellings is 1.5 spaces per dwelling unit with one or more bedrooms and 1 space per
100 square feet of gross floor area for the restaurant, which reduces to 1 space per 200
square feet of gross floor area after 4000 square feet. In the B-3, those minimum
requirements are reduced by 50%, although the developer plans to provide additional
parking for the residents in the range of 1.5-2 spaces per unit. The parking and loading
areas will be reviewed at the time a building permit is submitted and will go through
the site review process to ensure compliance with parking design standards.
b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all
outdoor lighting on commercial or residential structures. Exterior lighting installed in
conjunction with the development will be reviewed for compliance with the zoning
ordinance during site development review.
C. Traffic Circulation: As noted above, the primary access will be from Fifth Avenue
West North and West Center Street with an additional access from Eighth Avenue
West North. On -site traffic circulates through parking facilities that will need to be
designed to meet city standards and will be reviewed during the building permit and
site review process. The current plans include valet parking for the restaurant. The
overall site design will need to account for solid waste collection by the city.
As mentioned above, one of the site constraints is related to the bike path bisecting the
property. As a practical matter, being able to cross the bike path is necessary for the
development. However, the design and intent of the bike path is as a continuous linear
park through the city to the extent possible. Therefore, crossings over the bike path
should be kept to a minimum, ideally no more than one, but at a maximum of two.
The additional height granted by this conditional use permit provides for greater
density than might otherwise be available on the site, but the impact of that density on
the Parkline Trail should be kept to the minimum necessary.
d. Open Space: There are no specific open space requirements, although, under the
zoning ordinance, 500 square feet of land with recreational value per unit or the
equivalent value in amenities shall be provided and will be reviewed as part of the
building permit and site review process. The access onto the new bike path and the
adjoining park area is an attractive feature of the site and initial designs for the project
include a layout which seeks to take advantage of that public amenity.
Fencing/Screening/Landscapiinn : There are no screening requirements and, as it
relates to the height that is the issue of this conditional use permit, the design of the
7
building itself is more important. There would be, however, significant landscaping
features and trees throughout the site, along the street frontages, and blended into the
interface with the Parkline Trail.
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.
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.
Fire hydrants will be located as required by the Fire Chief, and fire sprinkling will be
required for the buildings. There is generally adequate access to the property from the
public road system. The buildings will be constructed to meet current building and
fire and safety code standards. Station 61 is approximately 0.5 miles from the subject
property giving good response time.
C. Water: City water is available in the adjacent street frontage and would serve the
property. An extension of the water main will be necessary to serve the development.
The design will need to be submitted to the City of Kalispell Public Works Department
for review and approval consistent with the Standards for Design and Construction.
Due to the height of the buildings, the developer will need to provide pressure boosters
for individual buildings that meet requirements of the Montana Department of
Environmental Quality and the City of Kalispell in order to meet pressure
requirements for water service and fire sprinkling. The location of any necessary
hydrants would be determined by the Fire Chief.
d. Sewer: Sewer service is available in the adjacent street frontage and would serve the
property. An extension of the sewer main will be necessary to serve the development.
The design will need to be submitted to the City of Kalispell Public Works Department
for review and approval consistent with the Standards for Design and Construction.
e. Storm Water Drainage: Storm water runoff from the site shall be managed and
constructed per the City of Kalispell Standards for Design and Construction. There is
an existing city storm water conveyance line in the northwestern portion of the
property. The line is not in a formal, recorded easement and has been part of an
agreement between the prior owner and the City. When the project development in
that area occurs, an easement should be dedicated to the City either in the current
location or relocated to a new location at the developer's expense. Final design will
be approved by Kalispell Public Works Department prior to building permit issuance.
Prior to receiving a building permit the developer will also need to submit a
construction storm water management plan to the Public Works Department. This
plan will need to show how storm water will be treated and where it will be directed
during construction activities.
f. Solid Waste: Solid waste pick-up will be provided by the City. The number and
location of these trash enclosures will need to be approved by Public Works.
g. Streets: The primary street frontages are Fifth Avenue West North and West Center
Street with an additional access off of Eighth Avenue West North, which are existing
roads that provide access to the greater City of Kalispell circulation system. As
detailed above, some improvements to the frontages are necessary to bring them to
city standards, along with a dedication of additional right-of-way width on West
Center.
Due to the location of the silos, the
cantilevered portion of the restaurant
would extend over the street right-of-
way, similar to a sky bridge. Public
Works and MDOT will both need to
approve the encroachment and
preliminary comments from both
indicate that it would likely be
acceptable given the clearance under
the extension. The final design would
be subject to review and may include
conditions which prohibit open
windows or balconies over the right-of-
way, as well as other conditions to
ensure the safety of both the occupants
and the travelling public below.
CONCEPT SECTION
h. Sidewalks: A sidewalk will need to be installed along the full length of the street
frontages and be designed to meet City of Kalispell Standards for Design and
Construction. The zoning ordinance also requires a pedestrian connection to the
public sidewalk for multi -family dwellings.
i. Schools: This site is within the boundaries of School District 95. An impact to the
district may be anticipated from the proposed development depending on the
demographics of the residents. On average, 132 students (K-12) would be
anticipated from 264 dwelling units.
E
Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires
132,000 square feet of land or the equivalent value of improvements as recreational
amenities for the 264 unit development based on a ratio of 500 square feet of usable
land per dwelling. The specific plans for the recreational component will be reviewed
during the building permit and site review processes.
4. Neighborhood impacts:
a. Traffic: The multi -family project gains its primary ingress and egress from Fifth
Avenue West North and West Center Street, which are improved public streets.
Based on the number of trips generated, a Traffic Impact Study ("TIS") will be
required in addition to other required street improvements. The TIS evaluates the
impacts the development has on the traffic system and indicates mitigation necessary
to maintain acceptable levels of service. The TIS should be submitted prior to
issuance of a building permit and any recommendations from the study should be
implemented as part of the project.
b. Noise and Vibration: The development of the property as multi -family residential with
the restaurant will create minimal additional noise and vibration. While any
development of the property from vacant land will increase the amount of noise, the
expected level would be consistent with the surrounding neighborhood.
C. Dust, Glare, and Heat: The use of the property would not generate any unreasonable
dust, glare, and heat other than during construction.
d. Smoke, Fumes, Gas, or Odors: The development of the property will create minimal
additional smoke, fumes, gas and odors.
Hours of Operation: As the property is proposed primarily for residential use, there
will be no hours of operation, although there will be people residing on the premises
24-hours a day.
5. Consideration of historical use patterns and recent changes: The historical use pattern
in the neighborhood is a mix of industrial and commercial, with residential in close
proximity. The industrial uses were related in part to the presence of the railroad tracks.
The tracks are in the process of being removed and replaced with the Parkline Trail, which
is a linear park and bike path running east to west through town. The trail runs through the
property and is a major component in an evolving character that is trending towards an
urban mix of residential, commercial, and office use.
6. Effects on property values: No significant negative impacts on property values are
anticipated as a result of the requested conditional use of the property. It can be assumed
that property values will increase since city services to the property are being added and
the property is currently needing to be redeveloped.
10
RECOMMENDATION
The staff recommends that the Kalispell Planning Board adopt staff report #KCU-21-06 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
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. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit.
4. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, as well as compliance with other site development standards, the development
shall receive Site Review Committee approval prior to issuance of the building permit.
5. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements
of the City of Kalispell Construction and Design Standards.
6. Prior to construction, the developer shall submit to the Kalispell Public Works Department
an erosion/sediment control plan for review and approval, as well as a copy of all
documents submitted to Montana Department of Environmental Quality for the General
Permit for Storm Water Discharge Associated with Construction Activities.
7. A Traffic Impact Study shall be submitted to the Kalispell Public Works Department. The
terms, conditions, and recommendations of the Traffic Impact Study (TIS) shall be complied
with prior to the issuance of any building permits.
8. The frontages for Fifth Avenue West North and West Center shall be improved to the
applicable city standards. Those improvements would include, but not necessarily be
limited to, curb/gutter, sidewalks, landscape boulevard, trees, and street lights. Additional
right-of-way on West Center Street will need to be dedicated to accommodate the width
for a collector street and its associated improvements. The width and the improvements
will need to be modified to work around the silos.
9. The access shown on the site plan on West Center Street near the intersection with Fifth
Avenue West North shall be eliminated or relocated to an appropriate location.
11
10. The developer shall submit water and sewer 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.
11. The developer shall provide pressure boosters for individual buildings that meet requirements
of the Montana Department of Environmental Quality and the City of Kalispell in order to
meet pressure requirements for water service and fire sprinkling.
12. The location of any necessary hydrants shall be determined by the Fire Chief.
13. The cantilevered portion of the restaurant extending over the West Center Street right-of-way
is subject to review and approval by the Kalispell Public Works Department and the Montana
Department of Transportation. The encroachment approval may include any conditions
necessary to ensure the safety of the occupants and the travelling public.
14. The crossings over the bike path shall be kept to a minimum, ideally no more than one, but at
a maximum of two, subject to the review and approval of the Site Development Review
Committee.
15. Prior to issuance of a building permit for any development in the northwestern portion of the
property, an easement shall be dedicated to the City for the existing city storm water
conveyance line in the northwestern portion of the property either in the current location or
relocated to a new location at the developer's expense. Final design will be approved by
Kalispell Public Works Department prior to building permit issuance.
12
Development Services
C ITY of Department
Kalispell, MT 59901
1K:A11,11SPE11,11, 201 1st Avenue East
Phone (406) 758-7940
CONDITIONAL USE PERMIT
Email: planning(@kalispell.com Website: www.kalispell.com
Project Name RUIS GRAIN ELEVATOR SITE
Property Address 740 W Railroad St; 505 W Center St
NAME OF APPLICANT
Ruis Holdings
Applicant Phone
619-889-7749
Applicant Address
PO Box 1928
City, State, Zip
Columbia Falls, MT 59912
Applicant Email Address
mickruis@sbcglobal.net
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
Big Sky Investments Kalispell, LLC
Owner Phone
619-889-7749
Owner Address
PO Box 1928
City, State, Zip
Columbia Falls, MT 59912
Owner Email Address
mickruis@sbcglobal.net
CONSULTANT (ARCHITECT/ENGINEER)
Jackola Engineering &Architecture; Toby McIntosh
Phone
406-755-3208
Address 2250 US Highway 93 S
city, State, Zip Kalispell, MT 59901
Email Address
tmcintosh@jackola.com
POINT OF CONTACT FOR REVIEW COMMENTS
Toby McIntosh
Phone
406-755-3208
Address
2250 US Highway 93 S
City, State, Zip
Kalispell, MT 59901
Email Address
tmcintosh@jackola.com
List ALL owners (any individual or other entity with an ownership interest in the property):
Big Sky Investments Kalispell, LLC
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
S18 T28N R21 W Tracts 8C & 8E (S2 SE4 SE4 SW4), 8D & 8J (SE4 SE4 SE4 SW4),
8F (S2 S2 SE4 SW4), 80 (SE4 SW4 SE4 SW4)
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
ciirvr•
Department
KALISPELL Phone
1st Avenue East
Kalispell, MT 59901
Phone (406) 758-7940
1. Zoning District and Zoning Classification in which use is propsed:
B-3 (Core Area Business)
2. Attach a site plan of the affected lot which identifies the following items:
a. Vicinity map and surrounding land uses
X
b. Dimensions and shape of lot
X
c. Topographic features of lot
X
d. Size(s) and location(s) of existing buildings
X
e. Size(s) and location(s) of proposed buildings
X
f. Existing use(s) of structures and open areas
X
g. Proposed use(s) of structures and open areas
X
h. Existing and proposed landscaping, screening, fencing, open space &
signage
X
i. Exisiting and proposed parking, loading, lighting & traffic circulation
X
j. Exisiting and proposed garbage collection, streets & utilities
X
k. Floodplain if applicable
X
I. Adjacent sidewalks & bike trails
X
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
X
b. Access to and circulation within the property
X
c. Off-street parking and loading
X
d. Refuse/garbage collection and service areas
X
e. Utilities (water, sewer, electric, etc.)
X
f. Screening and buffering
X
g. Signs, yards and other opens spaces
X
h. Height, bulk and location of structures
X
i. Location of proposed open space uses
X
j. Hours and manner of operation
X
k. Noise, light, dust, odors, fumes, vibration, glare and heat
X
I. Storm drainage
X
m. Fire/Police
X
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.
Applicant Signature
Date
Development Services
Department
201 1st
KALISPELL honeAvenueEast
Kalispell, MT 59901 (
Phone406)758-7940
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 + $25/unit
or every 10 trips
Major Residential
(5 or more units or 50+ trips per day) $350 + $50/unit
or every 10 trips
Churches, schools, public/
quasi -pubic uses $350
Commercial, industrial,
medical, golf courses, etc
$400 + $50/acre
or unit or $.05/sf
of leased space
over 5,000 sq ft
whichever is greater
PARCELI:
A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 50 FEET IN A NORTHERLY DIRECTION FROM THE NORTHEASTERLY
CORNER OF BLOCK 159 OF KALISPELL TOWNSITE COMPANY'S ADDITION NUMBER ONE TO KALISPELL AND
ON A LINE WHICH IS A CONTINUATION OF THE EASTERLY LINE OF SAID BLOCK 159; THENCE RUNNING IN
A NORTHERLY DIRECTION AND ALONG A LINE WHICH IS A CONTINUATION OF THE EASTERLY LINE OF SAID
BLOCK 159 A DISTANCE OF 136.5 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING IN A
NORTHERLY DIRECTION OF A LINE PARALLEL WITH A LINE WHICH IS A CONTINUATION OF THE EASTERLY
LINE OF SAID BLOCK 159 A DISTANCE OF 13.5 FEET TO THE SOUTH LINE OF THE BURLINGTON NORTHERN
RAILROAD RIGHT OF WAY; THENCE RUNNING A RIGHT ANGLE IN A WESTERLY DIRECTION ALONG THE
SOUTH line OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY A DISTANCE OF 511.5 FEET;
THENCE RUNNING AT A RIGHT ANGLE IN A SOUTHERLY DIRECTION ON A LINE WHICH IS PARALLEL WITH
A LINE WHICH IS A CONTINUATION OF THE EASTERLY LINE OF SAID BLOCK 159, A DISTANCE OF 13.5 FEET,
THENCE RUNNING ATA RIGHT ANGLE IN A EASTERLY DIRECTION A DISTANCE OF 511.5 FEET TO THE POINT
OF BEGINNING.
PARCEL 2:
BEGINNING ATA POINT 50 FEET IN A NORTHERLY DIRECTION FROM THE NORTHWEST CORNER OF LOT 12
IN BLOCK 159 OF KALISPELL TOWNSITE COfPANY'S ADDITION NUMBER ONE TO KALISPELL, MONTANA;
THENCE RUNNING 50 FEET WESTERLY PARALLEL TO THE NORTH BOUNDARY LINE OF SAID BLOCK 159,
THENCE NORTHERLY AT RIGHT ANGLES AND PARALLEL WITH THE WEST BOUNDARY LINE OF SAID BLOCK
159, A DISTANCE OF 136.5 FEET; THENCE EASTERLY AT RIGHT ANGLES AND PARALLEL WITH THE NORTH
BOUNDARY LINE OF SAID BLOCK 159, A DISTANCE OF 300 FEET; THENCE SOUTHERLY AT RIGHT ANGLES
AND PARALLEL WITH THE WEST BOUNDARY LINE OF SAID BLOCK 159, A DISTANCE OF 136.5 FEET; THENCE
WESTERLY AT RIGHT ANGLES AND PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID BLOCK 159, A
DISTANCE OF 250 FEETTO THE PLACE OF BEGINNING.
ALSO
BEGINNING ON A POINT ON A LINE WHICH LIES PARALLEL WITH AND 50 FEET DISTANCE IN A NORTHERLY
DIRECTION FROH THE NORTHERLY BOUNDARY LINE OF BLOCK 159 OF KALISPELL TOWNSITE COMPANY'S
ADDITION NUMBER ONE TO KALISPELL, WHICH POINT OF BEGINNING IS 350 FEET IN A WESTERLY
DIRECTION FROM A POINT WHICH IS 50 FEET IN A NORTHERLY DIRECTION FROM THE NORTHEASTERLY
CORNER OF AND ON A LINE WHICH IS A CONTINUATION OF THE EASTERLY BOUNDARY LINE OF SAID
BLOCK 159; THE ABOVE DESCRIBED POINT OF BEGINNING, BEING ALSO THE SOUTHWESTERLY CORNER OF
ATRACT OF LAND HERETOFORE DEEDED BY KALISPELL TOWNSITE COMPANY, A CORPORATION, TO HENRY
W. HAPIF4OND, GEORGE W. FENWICK AND CHARLES A. PEPLOW; THENCE RUNNING IN A WESTERLY
DIRECTION AND ON A LINE PARALLEL WITH THE NORTHERLY BOUNDARY LINE OF SAID BLOCK 159, A
DISTANCE OF 100 FEET; THENCE RUNNING AT A RIGHT ANGLE IN A NORTHERLY DIRECTION A DISTANCE
OF 136.5 FEET, THENCE RUNNING AT A RIGHT ANGLE IN AN EASTERLY DIRECTION AND ON A LINE WHICH
IS PARALLEL WITH THE NORTHERLY BOUNDARY LINE OF SAID BLOCK 159, A DISTANCE OF 100 FEET;
THENCE RUNNING AT A RIGHT ANGLE IN A SOUTHERLY DIRECTION A DISTANCE OF 136.5 FEET TO THE
PLACE OF BEGINNING. THE LAST ABOVE DESCRIBED PREMISES BEING A PART OF AN UNPLATTED TRACT
OF LAND LYING BETWEEN THE NORTHERLY BOUNDARY LINE OF BLOCKS 158 AND 159 OF KALISPELL
TOWNSITE COMPANY'S ADDITION NUMBER ONE TO KALISPELL, AND THE SOUTHERLY BOUNDARY LINE
OF THE RIGHT OF WAY OF THE SAINT PAUL, MINNEAPOLIS AND MANITOBA RAILWAY COMPANY, AND
LYING WESTERLY FROM AND ADJOINING A CERTAIN TRACT OF LAND HERETOFORE DEEDED BY KALISPELL
TOWNSITE COMPANY, A CORPORATION TO HENRY W. HAMPIOND, GEORGE W. FENWICK AND CHARLES
A. PEPLOW.
ALSO
BEGINNING AT A POINT WHICH IS 50 FEET IN NORTHERLY DIRECTION FROM THE NORTHEASTERLY
CORNER OF BLOCK 159 OF KALISPELL TOWNSITE COMPANY'S ADDITION NUMBER ONETO KALISPELL, AND
ON A LINE WHICH IS A CONTINUATION OF THE EASTERLY LINE OF SAID BLOCK 159; THENCE RUNNING IN
A NORTHERLY DIRECTION AND ALONG A LINE WHICH IS A CONTINUATION OF THE EASTERLY LINE OF SAID
BLOCK 159, A DISTANCE OF 136.5 FEET, THENCE RUNNING AT RIGHT ANGLE IN A WESTERLY DIRECTION
A DISTANCE OF 50 FEET; THENCE RUNNING AT A RIGHT ANGLE IN A SOUTHERLY DIRECTION AND ON A
LINE WHICH IS PARALLEL WITH A CONTINUATION OF THE EASTERLY LINE OF SAID BLOCK 159 A DISTANCE
OF 136.5 FEET TO A POINT 50 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 159, THENCE
RUNNING AT A RIGHT ANGLE IN AN EASTERLY DIRECTION A DISTANCE OF 50 FEET TO THE PLACE OF
BEGINNING.
ALSO
BEGINNING AT A POINT ON A LINE WHICH LIES PARALLEL WITH AND 50 FEET DISTANCE IN A NORTHERLY
DIRECTION FROM THE NORTHERN BOUNDARY LINE OF BLOCK 159 OF KALISPELL TOWNSITE COMPANY'S
ADDITION NO. ONE TO KALISPELL, WHICH POINT OF BEGINNING IS 450 FEET IN A WESTERLY DIRECTION
FROM A POINT WHICH IS 50 FEET IN A NORTHERLY DIRECTION FROM THE NORTHEASTERLY CORNER OF
AND ON A LINE WHICH IS A CONTINUATION OF THE EASTERLY BOUNDARY LINE OF SAID BLOCK 159. THE
LAST ABOVE -DESCRIBED POINT OF BEGINNING BEING ALSO THE SOUTHWESTERLY CORNER OF A TRACT
OF LAND HERETOFORE DEEDED BY KALISPELL TOWNSITE COMPANY, A CORPORATION TO KALISPELL
FLOUR MILL COMPANY, A CORPORATION OF KALISPELL, MONTANA; THENCE RUNNING IN A WESTERLY
DIRECTION, AND ON A LINE PARALLEL WITH THE NORTHERLY BOUNDARY LINE OF SAID BLOCK 159, A
DISTANCE 61.5 FEET; THENCE RUNNING AT RIGNT ANGLES IN A NORTHERLY DIRECTION A DISTANCE OF
136.5 FEET; THENCE RUNNING AT RIGHT ANGLES IN AN EASTERLY DIRECTION AND ON A LINE WHICH IS
PARALLEL WITH THE NORTHERLY BOUNDARY LINE OF SAID BLOCK 159 A DISTANCE OF 61.5 FEET; THENCE
RUNNING AT RIGHT ANGLES IN A SOUTHERLY DIRECTION A DISTANCE OF 136.5 FEET TO THE PLACE OF
BEGINNING.
THE LAST ABOVE -DESCRIBED PREMISES BEING A PART OF AN UNPLATTED TRACT OF LAND LYING
BETWEEN THE NORTHERLY BOUNDARY LINE OF BLOCKS 158 AND 159 OF KALISPELL TOWNSITE
COMPANY'S ADDITION NO. ONE TO KALISPELL AND THE SOUTHERLY BOUNDARY LZNE OF THE RIGHT OF
WAY OF THE ST. PAUL, MINNEAPOLIS AND MANITOBA RAILWAY COMPANY AND LYING WESTERLY FROM
AND ADJOINING A CERTAIN TRACT OF LAND HERETOFORE DEEDED BY KALISPELL TOWNSITE COMPANY,
A CORPORATION, TO KALISPELL FLOUR MILL COMPANY, A CORPORATION OF KALISPELL, MONTANA,
ACCORDING TO A MAP OR PLAT OF KALISPELL TOWNSITE COMPANY'S ADDITION NO. ONE TO KALISPELL,
MONTANA, NOW ON FILE IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY,
MONTANA.
PARCEL 3:
LOTS 3, 4, 5, 6, 7, 8,9 AND 10 OF BLOCK 21 OF 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.
TOGETHER WITH THE ABANDONED ALLEYWAY ADJOINING THE ABOVE LOTS IN SAID BLOCK 21.
PARCEL 4:
PARCEL B OF CERTIFICATE OF SURVEY NO. 16528 SITUATED, LYING AND BEING IN THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
Ruis Grain Elevator Site
Conditional Use Permit Supplementary Information
General Project Description:
The Project involves redeveloping the 6-tower grain elevator historically owned and operated
by CHS with a combination residential/commercial use, and developing several multi -family
residential buildings over several phases on the grain elevator site and the Stahlberg property
directly to the north. The project is bounded by 5th Ave W.N. to the east, Center Street to the
south, existing commercial properties to the west and a former BNSF railway spur running in
an east -west direction along the northern boundary. The railway and spur lines bisect the
western portion of the Stahlberg property and are covered under a railbank easement, which
is currently owned by the City of Kalispell. The railway line and spur lines are currently in the
process of being converted into a pedestrian trail by the City of Kalispell.
The current property zoning (B-3) limits building heights to 60-feet without a CUP. As
discussed above, a new commercial/restaurant business is proposed to be constructed on top
of the existing silos. The silos are currently greater than 60-feet tall; therefore, any additional
structure on top of the silos will exceed the zone's building height limit. Additionally, the
proposed residential buildings are proposed to have lower -level parking garages with multiple
levels of multi -family residential units, which drives the building heights above 60'. A
Conditional Use Permit is being requested to remove the height restrictions for the proposed
development.
a. Traffic flow and control
The initial phase of the development will have access points off of both Center Street and 51n
Avenue West N (51" Ave WN) and a future access is anticipated to be provided off 8th Ave
West N. Due to the proximity of the east entrance onto Center Street to the signalized
intersection with 51" Ave West N, that entrance maybe limited to right-in/right-out. A Traffic
Impact Study will be provided as the Site design develops which will identify impacts the
development may have on adjacent City -owned streets. Additionally, the project is
anticipated to include frontage improvements along both Center Street and 5th Ave WN.
b. Access to and circulation within the property
As a part of Phase 1 of the development, there will be three site access points; two on Center
Street and one on 5th Ave. The future phases of development on the remaining portion of
the Stahlberg property will be provided with an access point off 8th Ave West N, in the NW
corner of the property. All phases of the development will be connected by interior 24-foot-
wide drive aisles. The site access points and interior drive aisles will provide adequate access
to the site amenities and efficient circulation through the site. The proposed roadways will
be designed and constructed in accordance with City standards.
c. Off-street parking and loading
Off-street parking will be provided in compliance with City zoning standards. The property
qualifies for a 50% reduction in required spaces due to its location in the B-3 zone and
therefore zoning only requires 0.75 parking spaces per unit. Considering the residential
nature of the property, the developer has requested that a parking ratio of 1.5-2 spaces per
living unit be targeted.
d. Refuse/garbage collection and service areas
Trash chutes are proposed to be located within each of the buildings. The trash chutes will
collect the residents' solid waste in a collection bin located on the bottom level of each
structure. Facility maintenance staff will be responsible for transporting the bins to a centrally
located trash compactor. The trash compactor will be hauled off and emptied by a private
contractor.
e. Utilities (water, sewer, electric, etc.)
New city -owned water and sewer mains will be extended from the existing City -owned mains
to serve the proposed development. Individual building domestic and fire water and sanitary
sewer services will be provided from the proposed mains. A water booster pump for each
building connection is planned to meet the plumbing code pressure requirements. Each
parking garage will be constructed with an oil/sand separator to capture run-off from within
the enclosed parking area. This will be connected to the proposed sewer service leaving the
building prior to the sewer main connection
The development's power requirements will be served from an existing power pole in the NE
corner of the first phase of the development. This will feed underground to the western
boundary of the initial phase to allow for a future connection to the overhead lines in the
Stahlberg property. Transformer locations will be coordinated with FEC during design, but
initially (x3) three phase vaults are anticipated for phase 1. Phone and cable utilities will be
run from the Center Street ROW and will be run parallel to power where possible. Individual
phone/data services will also be provided to each building. Natural gas piping is stubbed into
the property from Center Street and is anticipated to be extended to each building
f. Screening and buffering
Landscaping will be provided in accordance with City standards to help provide screening and
buffering from neighboring properties. A 5-foot landscape buffer will be provided where
parking is adjacent to the property boundaries, and additional planting beds will be located
adjacent to the buildings and within the proposed parking islands. Additionally, an
architectural screening wall is proposed around new utility structures such as meters and
transformers.
g. Signs, yards, and other open spaces
A monument sign and architectural feature is proposed at the site's eastern entrance off 51n
Ave NW. Additional smaller building -mounted signs and signs related to the site's history may
be proposed as the site design develops. All site signage will be in accordance with City
standards.
h. Height, bulk, and location of structures
As discussed above, the overall development is proposed to consist of several new
construction multi -family residential buildings and one building constructed around the
backbone of the existing silos structure, all of which are expected to exceed the zoning height
restrictions. Preliminary architectural elevations are being provided with this application.
The proposed silos building will consist of multiple uses — restaurant/commercial around the
silos structure, and residential in the remaining portions of the building. As mentioned above,
the existing silos structure is currently greater than 60-feet tall; therefore, any additional
structure on top of the silos will exceed the zone's building height limit. Additionally, the
remaining multi -family residential buildings on site are proposed to have a first level parking
garage with several levels of residential apartments above. Based on the preliminary building
designs, the overall building height of the residential buildings will be approximately 70-feet.
The site buildings will be located generally around the perimeter of the site.
i. Location of proposed open space uses
City zoning does not dictate a limit on the permitted lot coverage; however, open space will
be provided throughout the development in the form of site landscaping and sidewalks.
Additionally. the City of Kalispell is developing a pedestrian path that bisects the site in an
east/west direction. Connections to the pedestrian path will be provided via on -site
sidewalks.
j. Hours and manner of operation
With the exception of the restaurant, the site is mainly a residential use. As such, typical
residential hours will be in use. The restaurant will operate on typical business hours in
compliance with City code.
k. Noise, light, dust, odors, fumes, vibration, glare, and heat
Noise impacts would be negligible; limited to the typical low level of noise associated with
residential living and associated traffic. Temporary increases in noise and vibration associated
with construction activities would occur during normal daytime working hours during
construction but would be mitigated by the Contractor to minimize any nuisance to adjacent
property owners. Cut off parking area lighting and low-level building mounted lighting would
be used to minimize light impact on neighboring properties. Dust would be generated
primarily during construction. Dust impacts will be minimal after construction as disturbed
areas will be stabilized with either hardscape or landscaping. The potential exists for glare
from building windows and cars may impact neighboring properties. Fumes and odors may
impact neighboring properties due to the increase in traffic traveling to and from the site. No
other fumes or odors are anticipated.
1. Storm Drainage
Stormwater will be directed to a series of catch basins in the parking lot areas via sheet flow.
Due to the density of the development, stormwater will be detained in an underground
detention system. Prior to the proposed development, stormwater runoff entered the City
ROW; therefore, runoff from the site will be connected to the City storm drain at run-off rates
that meet the pre -development condition. A new stormwater main is proposed within Center
Street to connect the proposed detention system to existing City -owned infrastructure.
Water quality treatment per the City standards will be provided via a stormwater mechanical
treatment unit located upstream of the retention system.
m. Fire/police
Fire and police services will be provided by the local jurisdictions. Each building will be
provided with a fire water service for sprinklers, and fire hydrants will be provided throughout
the development.
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