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H2. Casa Mexico Parking Lot CUPKALisPEii, 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-23-03 — Casa Mexico Parking Lot Conditional Use Permit MEETING DATE: August 7, 2023 BACKGROUND: Casa Mexico Holdings, LLC, has submitted a request for a conditional use permit for the construction of a parking lot at 1741 Airport Road to be associated with the Casa Mexico restaurant. The parking lot, which will primarily front 18th Street East, will have approximately 78 parking spaces intended to serve the expansion of the existing restaurant into a portion of the building to the south to provide an expanded kitchen and event area. The use as a parking lot is generally a permitted use under the zoning ordinance but is listed as a conditional use through the Airport Affected Area Ordinance due to its location in the Runway Protection Zone. The property is located at 1741 Airport Road and can be more particularly described as Tract 1 of Certificate of Survey No. 20875, located in the southwest quarter of the southwest quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on July 11, 2023, to consider the request. Staff presented staff report KCU-23-03, 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 11 listed conditions. No public comments were received at the public hearing other than those comments by the applicant. The public hearing was closed, and a motion was presented to adopt staff report KCU-23-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the 11 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 Casa Mexico Holdings, LLC, for Conditional Use Permit KCU-23-03, a conditional use permit to allow a parking lot in the Runway Protection Zone of the city airport within the B-2 Zoning District, subject to 11 conditions of approval, located at 1741 Airport Road and which can be described as Tract 1 of Certificate of Survey No. 20875, located in the southwest quarter of the southwest quarter of Section 17, 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 July 11, 2023, 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: Casa Mexico Holdings, LLC 1600 Highway 93 South Kalispell, MT 59901 LEGAL DESCRIPTION: 1741 Airport Road, more particularly described as Tract 1 of Certificate of Survey No. 20875, located in the Southwest Quarter of the Southwest Quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to allow the construction of a parking lot at 1741 Airport Road in the Airport Affected Area. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 11, 2023, held apublic hearing on the application, took public comment and recommended that the application be approved subject to 11 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-23- 03 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the construction of a parking lot at 1741 Airport Road in the Airport Affected Area, in the B-2 zoning district, subject 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. A building permit is required prior to beginning construction of the parking lot. 4. Final design of the parking lot shall comply with all parking design standards under the zoning ordinance and other applicable city standards, and may result in a reduction in the number of parking spaces. 5. Any exterior lighting installed in conjunction with the development shall comply with Chapter 27.26 of the Kalispell Zoning Ordinance. hi addition, any light pole shall be less than the allowable height under the airport ordinance and FAA standards. 6. The alley shall be paved and developed to city standards. 7. Prior to commencing any development of the property, the applicant shall demonstrate that all airport related regulations have been satisfied. 8. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. The design shall to address stormwater quality treatment. Prior to receiving a building permit, the developer shall also submit a construction storm water management plan to the Public Works Department. 9. The stormwater design shall meet the recommendations in FAA Advisory Circular (150/5200- 33C, dated 2/21/20). 10. The parking lot design should not interfere with the existing city storm sewer main. An express easement shall be granted to the City specifying the location and in a manner consistent with city standards for single -utility easements. 11. A sidewalk shall be constructed in the right-of-way across the full frontage of Airport Road in accordance with city Standards for Design and Construction. Dated this 7th day of August, 2023. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2023 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 July 11, 2023 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning Commission CALL was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Joshua Borgardt, Pip Burke, Kevin Aurich, Rory Young, and Tim Stocklin. Kari Barnhart and PJ Sorensen represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Aurich moved and Young seconded a motion to approve the minutes of the June 13, 2023, 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 Mary Mitchell — 279 Morning View Dr — Would like direction on who could answer her questions regarding water restrictions and growth. KCU-23-03 — CASA MEXICO A request from Casa Mexico Holdings, LLC, for a conditional use permit for the PARKING LOT construction of a parking lot at 1741 Airport Road to be associated with the Casa Mexico restaurant. The parking lot, which will primarily front 18' Street East, will have approximately 78 parking spaces, primarily to serve the expansion of the existing restaurant into a portion of the building to the south to provide an expanded kitchen and event area. The use as a parking lot is generally a permitted use under the zoning ordinance, but is listed as a conditional use through the Airport Affected Area Ordinance due to its location in the Runway Protection Zone. The property can be described as Tract 1 of Certificate of Survey No. 20875, located in the southwest quarter of the southwest quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-23 -03 . Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-23-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions on the staff report. BOARD DISCUSSION None. PUBLIC COMMENT Andy Hyde — 1995 3rd Ave E - Representing the Applicant — Stated he has no objections to the conditions and offered to answer any questions. MOTION — KCU-23-03 Kauffman moved and Stocklin seconded that the Kalispell Planning Board adopt staff report #KCU-23-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions on the staff report. BOARD DISCUSSION The board discussed the benefit of additional parking to keep cars from parking on the highway. ROLL CALL Motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of July 11, 2023 Pagel KPP-23-06 — PIONEER ESTATES A request from KLDS Investments, LLC, for major subdivision approval of Pioneer Estates, a 22-lot residential subdivision located in an R-4 (Residential) zone. The subdivision contains 6.39 acres in lots, roads and a utility lot. The property is generally located on the south side of Two Mile Drive, west of Greenbriar, and to the east of the Highway 93 Bypass. The property can be legally described as Tract 3 of Certificate of Survey Number 22255 in the northeast quarter of the southwest quarter of Section 12, Township 28 North, Range 22 West, P.M.M., City of Kalispell, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KPP-23-06. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-23-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Pioneer Estates be approved subject to the conditions listed on the staff report. BOARD DISCUSSION The board discussed sidewalk location, water and sewer, and access to the subdivision with Sorensen. Sorensen advised that the sidewalk connecting to the bike path made the most sense since there is no place to put in a sidewalk on Two Mile and that a lift station would be on the south end and water connections would be on the north & south ends. The fire code for this number of lots does not require a second access. PUBLIC COMMENT Terry Charles — 185 Marvins Way —Has concerns about water restrictions and growth. Eric Mulcahy— Sands Surveying - Representing the applicant —Stated that the owners are applying for the subdivision per the current zoning standards and offered to answer any questions. Colleen Sullivan — 130 Greenbriar — Has concerns about mail delivery on Two Mile Dr. since it is already crowded, and increased traffic on Two Mile Drive. She would like to know what the what the park amenities and access would be and what the timeline for the development. She would also like to know if there would another meeting if homes are changed to townhomes. MOTION — KPP-23-06 Young moved and Kauffman seconded that the Kalispell Planning Board adopt staff report #KPP-23-06 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Pioneer Estates be approved subject to the conditions listed on the staff report. BOARD DISCUSSION Burke confirmed with Sorensen that the proposed mailbox location is not on Two Mile Drive and that the plat term is 3 years but development could take longer with plat extensions. Kauffman verified with Sorensen that the subdivision is not phased. Graham confirmed with Haskins that the lift station is new and would only serve Pioneer Estates. Haskins also gave the board an overview of lift station requirements including sound attenuation. Burke asked staff for more information on the park amenities. Sorensen stated that park access would be a pedestrian trail, and that the amenities would be defined in the design phase. Borgardt asked staff what the density changes could be. Sorensen advised that the covenants restrict the number of lots to avoid additional access and sprinkling requirements per the current fire code. Kalispell City Planning Board Minutes of the meeting of July 11, 2023 Page 12 Borgardt asked staff to address the concern with water usage and availability. Sorensen advised that the subdivision report states water requirements can be supported. Haskins confirmed that there are no issues with water rights. He also added that there is currently one water source down but there are 2 additional sources and a water tank under construction. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Sorensen updated the board on the June 13, 2023 agenda items. NEW BUSINESS Sorensen updated the board on the upcoming August 8th, 2023 Planning Board Meeting and provided an overview of the recent legislative updates. ADJOURNMENT The meeting adjourned at approximately 7:11PM. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of July 11, 2023 Page13 CASA MEXICO PARKING LOT CONDITIONAL USE PERMIT — STAFF REPORT #KCU-23-03 KALISPELL PLANNING DEPARTMENT JULY 11, 2023 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Casa Mexico Holdings, LLC, for a conditional use permit for a parking lot at 1741 Airport Road. A public hearing has been scheduled before the Planning Board for July 11, 2023, 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 involves a request from Casa Mexico Holdings, LLC, for a conditional use permit for the construction of a parking lot at 1741 Airport Road to be associated with the Casa Mexico restaurant. The parking lot, which will primarily front 18th Street East, will have approximately 78 parking spaces intended to serve the expansion of the existing restaurant into a portion of the building to the south to provide an expanded kitchen and event area. The use as a parking lot is generally a permitted use under the zoning ordinance, but is listed as a conditional use through the Airport Affected Area Ordinance due to its location in the Runway Protection Zone. A: Applicant: Casa Mexico Holdings, LLC 1600 Highway 93 S Kalispell, MT 59901 B: Location: The property is located at 1741 Airport Road and can be more particularly described as Tract 1 of Certificate of Survey No. 20875, located in the southwest quarter of the southwest quarter of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C: Existing Land Use and Zoning: The subject property is currently vacant. The zoning of the property is B-2 (General Business). The B-2 district is a "district which provides for a variety of sales and service establishments to serve both the residents of the area and the traveling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would typically be found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use Map." Kalispell Zoning KALISPELL Casa Mexico Parking Lot - 0-2 General DA— 1-1 Lightlndus I P t Public R-5 Resd-d4R4—i—I pfEi - R/ r R-de ll Ppd—.t - RA-2 Redd—fiJ Apertnen[ P-1 Pu61iL M L —� m P-1 F LL"K h1*,a. cad�tra N fl 74 140 288 42C p�*.ad C—h G15ry Feet cof KJ.Pe11 Ga Basemap: A,�� sad„rski - lute IF, 2023 Esn Community Maps, ArcGIS.Z D. Size: The subject property is approximately 0.79 acres. E: Adjacent Zoning: North: B-2 East: B-2 South: P-1 West: B-2/RA-2 F: Adjacent Land Uses: North: Hotel; Restaurant East: Office South: City Airport West: Drive -through coffee; Parking lot; Residential G: General Land Use Character: The property is in an established commercial area along Highway 93 South. The predominant use in the immediate area is the city airport to the south, with the subject property off of the north end of the runway. The area includes a mix of retail, offices, restaurants, residential, and quasi -industrial uses. 2 Kalispell Growth Policy KALISPELL Casa Mexico Parking Lot c/L Subject Parcel Cnrnmerdel - Indusbial - High Density Residential Urban Residentlal Public Or city +mm� OpenSpace Publ i€/Quau Public, Dpeopace ® p-&'ay Urban Residential H igh {lc rs it{ ik'e iticrt1, • Airport lie Floodw y Ind L_t, ral � saw a s c� a tr=L N 0 62.5125 250 375 n,a a d c—ty cis Feet cay or Kalispell ors, 6asema p: pusnn eadkrski -.1— Is, 2u23 Esri Community Maps, AreGIS.com H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Commercial. The existing B-2 zone is consistent with that designation. Rezoning the property is not necessary for this project. Additionally, infill development, where appropriate, is encouraged to lessen impacts on sensitive lands and can provide a more efficient provision of services overall in the city. In this particular situation, limitations on the use of the property due to airport regulations make a parking lot one of the more viable infill opportunities. L• Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. 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 3 INN . 4 J: Airport Affected Area: Section 27.20.025 of the zoning ordinance incorporates the Kalispell City Airport Affected Area Ordinance (Ordinance 1745, adopted in 2014) by reference. The airport ordinance establishes various zones around the airport, most of which address limiting the height of buildings and other objects to help protect flight paths of aircraft. At the ends of the runway, there are areas designated as Runway Protection Zones ("RPZ"). In those zones, potential uses are rather limited. One of the allowed uses is a parking lot, which is listed as a conditionally permitted use. The RPZ at the north end of the airport is shown below as the trapezoidal grey area. In addition, the property would be in a Visual Approach Zone, which limits the height of objects to below a 20:1 slope beginning a certain distance off of the runway. 4 EVALUATION OF THE CONDITIONAL USE PERMIT 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 requested conditional use permit would allow a parking lot on the property. , PO ADD 0, LOT r TR 5-25B�� % } & 530 -- +LOT Q M IIT III { 1 r I. aTR 1F ° at I 1F TO s ryxuwnxex 1 W F Wr x�zs"Faaw TR . V i v a �H } } E 5 1. Site Suitability: a. Adequate Useable Space: The subject property is approximately 0.79 acres. The majority of the project site is relatively flat with no significant impediments. The zoning ordinance would apply development design standards for the parking lot, including dimensional standards for spaces and aisles as well as landscaping. b. Height, bulk and location of the building: Due to the airport restrictions, the property cannot have a building, and none are planned. C. Adequate Access: The primary frontage of the property is 18th Street East, which is an existing city street which connects with the overall transportation system. However, the initial design shows the access as developed to be from the alley to the north that connects with the existing Casa Mexico parking lot. 18th Steet is shown as a major collector in the Transportation Plan and access to the parking lot from 18th Street would not generally meet separation requirements, although a joint access with a neighboring parcel may be considered. d. Environmental Constraints: There are no known environmental constraints, such as streams, floodplains, or wetlands on the area of the property proposed for development which could affect the proposed use. 2. Appropriate Design: a. Parking Scheme/Loading Areas: The actual use on the property is only parking, but it is tied to an expansion of Casa Mexico into the building to the south for additional kitchen and event space. The expansion would require additional parking under the zoning ordinance that this parking lot is intended to provide. Final design of the parking lot itself will need to comply with all parking design standards under the zoning ordinance and other applicable city standards, and may result in a reduction in the number of parking spaces. Those standards include, but are not limited to, parking space dimensions (typically 9 feet by 20 feet), drive aisle dimensions (typically 24 feet wide for two way traffic), minimum landscape buffers (typically five feet), and a minimum landscaping requirement of 5% of the interior parking area. Additionally, with the addition of new parking spaces, Casa Mexico will need to add handicap accessible parking to its existing site in order to maintain the appropriate ratios under ADA rules. Parking lot construction requires a building permit and site review approval in the city. 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 in conjunction with the development will need to comply with those standards. In addition, due to the airport height restrictions, any light pole will be required to be less than the allowable height under the airport ordinance and FAA standards. While a detailed calculation of the height limit will be required prior to construction, it is anticipated that the most restrictive height would be about 25 feet, 10 which is also the maximum height for a light pole under the lighting standards in the zoning ordinance. C. Traffic Circulation: As noted above, access to the property as designed is through the existing Casa Mexico parking lot and adjoining alley. Internal traffic circulation will be provided through the parking lot with aisles meeting minimum dimensional standards. With the access to the parking lot through the alley, which is only partially improved with a gravel surface, the alley should be paved and developed to city standards. d. Open Space: There are no specific open space requirements other than minimum landscape buffering and the requirement for a minimum landscaping requirement of 5% of the internal parking lot area. Fencin Screenin Landscaping: As noted above, the zoning ordinance requires both buffering along the property lines and internal landscaping equal to 5% of the parking area. The typical minimum buffer is five feet, although that buffer can be reduced or eliminated in a commercial zone if there is a sight obscuring fence or if there is an adjacent parking lot. As with the light poles, airport height restrictions can impact the types of planting used to ensure that trees would not interfere with flight paths. f. Signage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. g. Airport: As noted above, a property within the Airport Affected Area can have both use and height restrictions depending upon its specific location relative to the airport. Prior to commencing any development of the property, the applicant should demonstrate that all airport related regulations have been satisfied. Necessary information would likely include surveyed elevations to establish allowable heights of lighting/landscaping and, if required, any FAA notifications. 3. Availability of Public Services/Facilities: 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. There are existing hydrants in 18th Street East serving the property. There is adequate access to the property from the public road system. Station 61 is approximately one mile from the subject property giving good response time. Water: There is an existing water main in 18th Street East and is available for the property. It is not anticipated that there would be a need other than for irrigation purposes. d. Sewer: There is an existing sewer main in the alley on the north side of the property. It is not anticipated that the parking lot will have a sewer connection. 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. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. As currently shown, the design would require a deviation from the Standards due to its proximity to property lines. The design will need to address stormwater quality treatment. 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. The preliminary layout shows a stormwater retention area near the intersection of Airport Road and 18th Street East. Due to the location within a flight path, the storm water design should minimize any standing water which could attract birds. The FAA issued an Advisory Circular (150/5200-33C, dated 2/21/20) relating to hazardous wildlife attractants on or near airports. The circular (Sec. 2.32) states that new stormwater facilities should be designed and operated so as to not create above- ground standing water with a maximum 48-hour detention period after the design storm and to remain completely dry between storms, along with a number of specific design recommendations. The stormwater design should meet the FAA recommendations. There is an existing city storm sewer main that crosses the property. The parking lot design should not interfere with the main. While there is a prescriptive easement in favor of the City, an express easement should be granted to the City specifying the location and in a manner consistent with city standards for single -utility easements. f. Solid Waste: Solid waste pick-up will be provided by the City, although it is anticipated that there would not be any new service to this property and that Casa Mexico would continue to use its current garbage container location. g. Streets: The development's primary frontage is on 18th Street East along with some frontage on Airport Road. There are no street improvements required, although a sidewalk will need to be added on the Airport Road frontage. h. Sidewalks: The property frontage on 18th Street East has a newly installed sidewalk, but the frontage on Airport Road does not. A sidewalk should be constructed on any portion of the frontages which do not have a sidewalk in accordance with city Standards for Design and Construction in order to mitigate impacts on the road network. The Transportation Plan shows Airport Road as a minor arterial along the property frontage reflecting its function as the primary street through the area. Protecting pedestrians is particularly important along an arterial and given the new use introduced on the property. i. Schools: This site is within the boundaries of School District 45. As a non- residential use, any impact on the schools would be limited. j. Parks and Recreation: There are no impacts on city parks from the proposed use. 4. Neighborhood impacts: a. Traffic: Traffic is shown to access the property from the existing Casa Mexico restaurant and the alley adjoining the property. A Traffic Impact Study would not be required for the parking lot, although as part of the Site Development Review Committee consideration of the expansion of the restaurant, one may be required depending upon the number of trips generated by the expansion. b. Noise and Vibration: The development of the property as a parking lot would not create any noise or vibration beyond what would be expected of a commercial parking lot. C. Dust, Glare, and Heat: The use of the property as a parking lot would not generate any unreasonable dust, glare, and heat. d. Smoke, Fumes, Gas, or Odors: The development of the property as a parking lot will create minimal additional smoke, fumes, gas and odors. e. Hours of Operation: The hours of operation will be tied to the hours for the restaurant, which is from 11:00 AM to 10:00 PM seven days a week. The hours are consistent with the commercial area it is located. 5. Consideration of historical use patterns and recent changes: The property is in an established commercial area along Highway 93 South. The predominant use in the immediate area is the city airport to the south, with the subject property off of the north end of the runway. The area includes a mix of retail, offices, restaurants, residential, and quasi -industrial uses. It is anticipated that the neighborhood character will continue in that manner. A parking lot, particularly as it is related to a restaurant, is consistent with the historic and projected growth patterns in the area. 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. 7. Impact on surrounding area: After considering the foregoing review criteria, it is found that the proposed use conforms to the requirements set forth in Chapter 27 of the Kalispell Zoning Ordinance. Furthermore, the application of generally applicable design standards and the conditions of approval provided for herein ensure that the proposed use of the property will have no more adverse effect on the health, safety, or comfort of persons living or working in the area and will be no more injurious, economically, or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. 9 RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-23-03 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. A building permit is required prior to beginning construction of the parking lot. 4. Final design of the parking lot shall comply with all parking design standards under the zoning ordinance and other applicable city standards, and may result in a reduction in the number of parking spaces. 5. Any exterior lighting installed in conjunction with the development shall comply with Chapter 27.26 of the Kalispell Zoning Ordinance. In addition, any light pole shall be less than the allowable height under the airport ordinance and FAA standards. 6. The alley shall be paved and developed to city standards. 7. Prior to commencing any development of the property, the applicant shall demonstrate that all airport related regulations have been satisfied. 8. Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. The design shall to address stormwater quality treatment. Prior to receiving a building permit, the developer shall also submit a construction storm water management plan to the Public Works Department. 9. The stormwater design shall meet the recommendations in FAA Advisory Circular (150/5200-33C, dated 2/21/20). 10. The parking lot design should not interfere with the existing city storm sewer main. An express easement shall be granted to the City specifying the location and in a manner consistent with city standards for single -utility easements. 11. A sidewalk shall be constructed in the right-of-way across the full frontage of Airport Road in accordance with city Standards for Design and Construction. 10 Development Services CITY of Department 201 1st Avenue East Kalispell, MT 59901 111CA11,11SPEILIL Phone (406) 758-7940 CONDITIONAL USE PERMIT Email: plan ninclCd�kalispell.com Website: www.kalispell.com Project Name Property Address Casa Mexico Parking Lot 1341 (or 1347) Airport Road, Kalispell, MT 59901 NAME OF APPLICANT Applicant Phone Casa Mexico Holdings, LLC 406 250-0423 Applicant Address City, State, Zip 1600 US Highway South Kalispell, MT 59901 Applicant Email Address casamexicomt@yahoo.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone Casa Mexico Holdings, LLC 406 250-0423 Owner Address City, State, Zip 1600 US Highway South Kalispell, MT 59901 Owner Email Address casamexicomt@yahoo.com CONSULTANT (ARCHITECT/ENGINEER) Phone Carver Engineering 406-257-6202 Address City, State, Zip 1995 Third Ave East Kalispell, MT 59901 Email Address drjekyll@carvereng.com POINT OF CONTACT FOR REVIEW COMMENTS Phone Andy Hyde - Carver Engineering 406-257-6202 Address City, State, Zip 1995 Third Ave East Kalispell, MT 59901 Email Address drjekyll@carvereng.com List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please attach a full legal description for the property and a copy of the most recent deed). Tract 1 of COS 20875 in the SW 1/4 SW 1/4 of Section 17, Township 28N, Range 21W, P.M., MT., Flathead County, Montana. Before the application will be deemed to be accepted for review, our office must receive an approval of the legal description from the Flathead County Plat Room. Please submit the legal description to their office (plat@flathead.mt.gov). Development Services CYI-Y I,E / Department 201 Avenue East KALISPELL hone ( 06) 758 794 Kalispell, IVIT 59901 Phone (4otz) 75t3-794p 1. Zoning District and Zoning Classification in which use is propsed: City of Kaiispeii Zoning District B-2 General Business - Automobile parking, commercial or public is a permitted use - 27.14.020(4.). 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 None exist on the property e. Size(s) and location(s) of proposed buildings No buildings are proposed. 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. Existing and proposed parking, loading, lighting & traffic circulation x j. Exisiting and proposed garbage collection, streets & utilities x k. Floodplain if applicable EAUM V-Lj, In Sol] year fio plain. I. Adjacent sidewalks & bike trails None. 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 L Storm drainage x m. FirelPolice x S. 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 n d that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this a ' n applicsign' a oval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. (� - G - :a3 Applicant Signature ,AndrewJ. Hyde, P.E. Date Carver Engineering, Engineer for Project 1` 9ti6Z / Q �- - ` ,Z l 96 6 M. 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R C R m Gm\ a o $ w Old Iz!.-Iw RwbG mCOw�4'�� F. •° 6 .� w m R wa�ymm�� 2°w`obroSaF .OS S'6Z \ Ab.".SO.O s JC,96L lob N it A M Q C mod\ plm Z .La/MMOOM3N Z 0 \I .Z£ 5sL M.L�sO O s \� N a w W I\ me Ohl -b \ H W m N sesz .98 ss \� M..issoo N ,OS 96L Ab.LS.50 O N c iS.l t+'MNJ/N.o101 N3ff/ldlp'd30) 8Z6 a��'d 6LL �/ooS a -1 hw aVdS.U/Oda/IV SFJVITM31N3O O O o ry Z "p NN No,to Qj 4 rn w w O• oC CwC�`s' s d NiftO` 4, 'vriNv 4":� I� �N 7-4 I — — N y Casa Mexico Parking Lot Conditional Use Permit Application Supplemental Information Packet June 13, 2023 a. Traffic Flow and Control The new parking lot is bounded on its north edge by a 25 foot wide alley belonging to the City of Kalispell. Ingress and egress to the new parking lot will be through two approaches that will connect to the alley. Even though the property fronts 18th Street West along its south edge, no connections to or approaches to 18th Street West will be constructed. The western toe of the property also extends to and is contiguous with Airport Road, but no approaches or connections to Airport Road will be constructed. The only access to the parking lot will be from the approaches at the north edge that connect to the alley. Even though the alley is shown on the plat of the Potson Addition, which was filed in 1962, the alley itself has not been constructed or improved. There is an unimproved one lane gravel lane that connects to Airport Road at the west end of the alley. Over time, a traveled way has developed from Airport Road for access to the back (west) sides of the lots in the south part of the Potson Addition. This traveled way actually leaves the alley, wanders northwards, and passes though the western tip of Lot 9, Block One of the Potson Addition, on which the existing parking lot for the Casa Mexico restaurant also presently sits. A portion of the area within the platted alley corridor is covered with trees and bushes, has one or two low spots, and is currently impassible for vehicles. The plans for this parking lot construction project include clearing the vegetation from the alley, regrading the ground surface, and constructing a 20 foot wide paved alley that is located within the City's actual alley right-of-way. The present "alley" traffic circulation pattern through the existing Casa Mexico would be eliminated and replaced with a route along the new roadway within the alley. It is to this new paved alley route that the new parking lot would connect. The alley, as platted, is "L" shaped, connecting to Airport Road on one end (its west end) and to 18th Street West on the opposite end (its south end). Traffic to and from the new parking lot would access the alley from either end. Both intersections of the alley with City streets are tee intersections, at roughly 900 angles between the alleys and streets, and are currently uncontrolled. No control signage is proposed as part of this project. The new parking lot will likely not be the first choice for most Casa Mexico customers. It is anticipated that customers will first search for a parking spot in the existing parking lot on the Casa Mexico side of the alley and will head for the new parking lot only if there are no empty spaces to be taken nearer the restaurant. Although no traffic study Casa Mexico CUP Info Packet Page 1 of 4 was performed, it is assumed that most customers initially access Casa Mexico from the approach off of Highway 93. b. Access to and circulation within the property. As just mentioned, the only ingress and egress for the new parking lot would be from two approaches along the north edge of the parking lot that connect to what is to be a new 20 foot wide paved roadway located within the platted City alley right-of-way which will also be constructed as part of this project. Circulation within the parking lot is along the U-shaped internal roadway connected to the alley. c. Off -street -parking and loading This project includes the creation of additional new off-street parking spaces to be used by customers of the existing Casa Mexico restaurant. Casa Mexico has acquired the existing but presently unused kitchen and dining areas located within the adjacent Econo Lodge building. This portion of the Econo Lodge building has been physically disconnected from the remainder of the building and will be merged with the existing Casa Mexico structure to enlarge both the kitchen and dining areas of Casa Mexico. The total new building area to be added to the Casa Mexico structure is 6, 418 square feet. City of Kalispell off-street parking regulations require that establishments that serve food & beverages with sale & consumption on the premises with floor areas greater than 4,000 sq ft provide 40 parking spaces for the first 4,000 sq ft and 1 additional parking space for every 200 sq ft of floor area in excess of 4,000 sq ft. A total of 53 parking spaces would be required for a gross floor area of 6,418 sq ft. (if only the new floor area is considered). A lessor number of parking spaces (33 spaces) would be required if the floor area of the existing Casa Mexico restaurant, which already exceeds 4,00 sq ft, is thrown into the calculation. Final grading and storm water facility design are underway and not yet complete. The initial layout of the parking lot shows that as many as 78 parking spots might be possible, not including set -asides for handicapped parking and the possibility that additional storm water retention areas are necessary. Even taking these possible reductions of available area into account, more than the required number of parking spaces will be provided to satisfy City of Kalispell off-street parking requirements. Loading of supplies and materials for the restaurant will not change with the construction of this new parking lot. The loading area/service entrance to the facility is presently located on the back side of the building near its southwest corner. This loading area will remain in its present location. d. Refuse/garbage collection and service areas The garbage collection and service areas for the restaurant will not change with the construction of this new parking lot. The garbage containers and service entrance to the facility are presently located on the back side of the building near its southwest corner. These locations will remain in their present locations. Casa Mexico CUP Info Packet Page 2 of 4 e. Utilities (water, sewer, electric, etc.) The new parking lot would need only new service lines, as appropriate. No new mains are necessary. Street lighting will require an electrical service. Landscaping will require a water service for irrigation. A sanitary sewer service is not needed. Storm water discharge will be to the existing storm sewer piping that crosses the property. Electrical distribution lines and water mains front the property, and installation of new services are possible by connection to these existing facilities. f. Screening and buffering. In B-2 zones, a 5 foot landscape buffer is required between lot lines and parking lots. Landscaping is encouraged along the perimeter of the property to provide a visual relief between City streets and parking lots. These requirements will be met — a 5 foot landscape buffer will be provided along lot lines in coordination with the City Parks Director and in accordance with City standards. g. Signs, yards, and other open spaces No signs are proposed where the property fronts Airport Road or 18t" Street West. Free standing directional signs could be installed at the two approaches to the parking lot along the alley to inform motorists that the parking lot is for the use of Casa Mexico customers only. Any and all signs would conform to the City's sign regulations. City parking lot rules require that a minimum of 5% of the total parking area be landscaped. This requirement will be met. Landscaping will be incorporated into the design to provide visual relief from surrounding property as much as possible. h. Height, bulk, and location of structures For the parking lot, no structures are proposed except for lighting poles/fixtures, which are subject to height limitations per the Airport Zoning regulations. On the south side of the property, light poles/fixtures will not be located along or near the perimeter of the property to prevent casting stray light on the adjacent public right-of-way and to increase horizontal distance from the airport runway. All light poles will be limited in total height to 261/2 feet (including concrete base & pole) above the finished ground surface. The elevation of the tops of all light poles will be held to 2,953.5 feet or less, which is the most restrictive height limitation defined in the Airport Zoning Regulations. Location of proposed open space uses Open space for this project consists of the landscape areas and storm water retention areas. The landscape areas are located primarily on the perimeter of the property to provide visual relief from adjacent property. Additional landscape areas are located between the two internal rows of parking spaces that face each other along the centerline of the parking lot and within the curbed area at the southern end of the U- shaped interior roadway of the lot. The storm water retention facility is slated for Casa Mexico CUP Info Packet Page 3 of 4 installation in the toe of the parcel extending out to Airport Road in the southwest corner of the tract. j. Hours and manner of operation. Casa Mexico is open for business seven days a week, 11 a.m. to 10 p.m., serving lunch, dinner, and drinks, with a small, attached casino. The parking lot is being constructed for Casa Mexico customers, and its hours of operation will follow the hours of operation of the restaurant. Use will depend upon the number of customers at any time. The lot will not be actively managed. Customers will come and go according to their own schedules and will park where they choose. k. Noise, light, dust, odors, fumes, vibration, glare, and heat During construction of the parking lot, some noise, dust, fumes, and vibration will occur, but these activities will be relatively short in duration and will occur primarily during normal workday hours. Long term use of the parking lot will not produce significant amounts of noise, light, dust, odors, fumes, vibration, glare, and heat. Street lighting is specifically designed to focus light on the parking lot property and away from adjoining property. I. Storm drainage. The existing property is presently an undeveloped open field covered with mostly grass, and some scattered bushes and trees. The majority of the surface of the new parking lot will be covered with asphalt pavement, which will greatly increase the extent of impermeable surfaces on the property. Storm water runoff will increase as a result. The lot will be graded to direct runoff to low points, where the runoff will be collected and conveyed to treatment and retention facilities. A City storm sewer main crosses the property from the east to the west. Plans are to discharge storm water into this existing storm sewer for ultimate disposal into Ashley Creek. All storm water improvements will conform to City of Kalispell Public Works standards. m. Fire/Police There won't be any appreciable increase in fire or police activity with the construction of this new parking lot. Aside from the occasional bad apple, the customers of Casa Mexico are mostly law abiding people. No matter how hot someone might find the salsa, the risk of combustion should not increase. Casa Mexico CUP Info Packet Page 4of4