11. Herron - Conditional Use PermitCity of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Herron Development
ADDRESS: P.O. Box 339
Kalispell, MT 59903
LEGAL DESCRIPTION: Kalispell Townsite Company's #1, Tract 1,
Section 7, T28N, R21W, P.M.M., Kalispell,
Flathead County, Montana
OWNER: Herron Development
ZONE: Industrial Commercial, B-5
Herron Development, applicant, applied to the City of
Kalispell for a conditional use permit to construct a bulk fuel
storage facility, on the property described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on April 12, 1994 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to nine
conditions.
After reviewing the application, the record, the FRDO report,
and after duly considering the matter, the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Flathead Regional Development Office, Conditional Use Report
#KCU-94-04 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit for
the construction of a bulk fuel storage facility, subject to the
following conditions:
SECTION I.
1. Improvements to the property shall be in substantial
conformance with the approved site plan, except as
modified by these conditions.
2. The developer shall make improvements in accordance with
the Kalispell City Zoning Ordinance.
3. Submit detailed landscape/buffer plan to include type,
size and location of all materials and automatic
irrigation plan. Landscaping/buffering must be of
sufficient quality and quantity to effectively buffer the
subject property from surrounding uses to the
satisfaction of the City's Site Plan Review Committee.
4. The driveways and parking shall be approved by the Site
Plan Review and paved to City specifications.
5. Any signs shall comply with the Kalispell Zoning
Ordinance.
6. A storm water drainage plan prepared by a licensed
architect or engineer shall be submitted to, and approved
by, the City Public Works Department that adequately
addresses on=site storm water detention and disposal.
7. Prior to receiving a building permit, this project shall
comply with all related provisions and requirements of
this Conditional Use Permit.
8. Coordinate with the reconstruction of 6th Avenue W. N.
and Railroad Street to enhance safety and general public
use.
SECTION II.
The conditional use permit, herein granted, shall terminate 18
months from date of issuance if commencement of the authorized
activity has not begun.
Dated this day of
Pq
1994.
Douglas D. Rauthe, Mayor
STATE OF MONTANA
ss
County of Flathead }
On this day of , 1994, before me, a Notary
Public, personally appeared Douglas D. Rauthe, 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
Residing at Kalispell, Montana
My Commission Expires
3
723 5th Avenue East - Room 414
April 25, 1994 Kalispell, Montana 59901
Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Herron Development - Conditional Use Permit
Bulk Fuel Storage Facility
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, April 12, 1994, and held a public hearing on the following:
A request by Herron Development for a conditional use permit to
construct a bulk fuel storage facility in Kalispell. The storage facility
will be located on the west side of 5th Avenue West North, west of the
Kalispell Center Mall. Access would be from 5th Avenue West North and
6th Avenue West North. The site is zoned B-5, Industrial Commercial,
and contains approximately 3.5 acres, and is more particularly described
as Tract 1, Kalispell Townsite Company's Addition #1 in the SW4 of
Section 7, T28N, R21W, P.M.M., Flathead County, Montana.
John Parsons, of FRDO presented the staff report, and recommended granting the
permit subject to nine (9) conditions. The representative for Valcon Distributing
presented an overview of the proposal, and stated they were working with the City
of Kalispell regarding the paving requirement. No one spoke in opposition.
The Board discussed the paving of 6th Avenue WN at length. The Board adopted the
findings of fact, and voted 9-0 to recommend granting the conditional use permit.
This recommendation is being forwarded to the City Council for final action. If you
have any questions regarding this request, please contact the Commission or John
Parsons at FRDO.
Respectfully Submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
4N� 4 l�
Therese Fox Hash
President
TFH/JJP/eo
Attachments: FRDO Report #KCU-94-04
Application Materials
Letter: Doris Sonstelie (4/7/94)
Statement: Valcon Distributing (4/12/94)
F:\FRDO\TRANSMIT\KCU-94-5.REC
Providing Community Planning Assistance To:
• Flathead County 9 City of Columbia Falls 9 City of Kalispell • City of Whitefish •
c w/Att A: Herron Development
P.O. Box 339
Kalispell, MT 59903
Clarke & Meredith
P.O. Box 7128
Kalispell, MT 59903
ATTACHMENT A
HERRON DEVELOPMENT (VALCON) BULK FUEL STORAGE FACILITY
CONDITIONAL USE PERMIT #KCU-94-04
CONDITIONS OF APPROVAL
AS RECOMMENDED BY
KALISPELL CITY -COUNTY PLANNING BOARD'AND ZONING COMMISSION
APRIL 12, 1994
It is recommended that the City Council grant the requested Conditional Use Permit,
subject to the following conditions:
1. Improvements to the property shall be in substantial conformance with
the approved site plan, except as modified by these conditions.
2. The developer shall make improvements in accordance with the Kalispell
City Zoning Ordinance.
3. Submit detailed landscape/buffer plan to include type, size and location
of all materials and automatic irrigation plan. Landscaping/buffering
must be of sufficient quality and quantity to effectively buffer the
subject property from surrounding uses to the satisfaction of the City's
Site Plan Review Committee.
4. The driveways and parking shall be approved by the Site Plan Review
and paved to City specifications.
5. Any signs shall comply with the Kalispell Zoning Ordinance.
6. A storm water drainage plan prepared by a licensed architect or
engineer shall be submitted to, and approved by, the City Public Works
Department that adequately addresses on -site storm water detention and
disposal.
7. Prior to receiving a building permit, this project shall comply with all
related provisions and requirements of this Conditional Use Permit.
8. The conditional use permit shall terminate 18 months from date of
issuance if commencement of the authorized activity has not begun.
9. Coordinate with the reconstruction of 6t.h Avenue WN and Railroad Street
to enhance safety and general public use.
TRANS MIT\KCU 94-Q4.REC
FLATHEAD REGIONAL DEVELOPMENT OFFICE
CONDITIONAL USE REPORT #KCU94-04
HERRON DEVELOPMENT (VALCON), BULK FUEL STORAGE FACILITY
APRIL 3, 1994
This is a report to the Kalispell City -County Planning Board and Zoning Commission
regarding a request to allow a Conditional Use Permit (KCU94-04) to expand a bulk fuel
storage facility. This request is scheduled for a public hearing at the April 12, 1994 Zoning
Commission hearing. A recommendation will then be forwarded to the Kalispell City
Council for final action.
owner: Herron Development
PO BOX 339,
Kalispell, MT 59903
Representative: Clarke and Meredeth
PO BOX 7128,
Kalispell, MT 59904
B. SIZE AND LOCATION:
Location: The property is located on the west side of 5th Avenue West North,
approximately 300 feet north of Center Street, west of Kalispell Center Mail. The
property is described as Kalispell Townsite Company's Addition #1, Tract 1, of Section
7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
Size of Property The site contains approximately 3.5 acres and has 300 foot of
frontage along Sth Avenue West North.
C. BACKGROUND:
The site is currently being used as a storage facility for Herron Development (Valcon).
This Conditional Use Permit would permit the developer to move the operation
from 1st Avenue West North to this location. Currently on the property is the office,
warehousing, and fuel storage for Valcon Distributing. in addition, the primary
railroad tracks into town go through the center of the site as well as rail spurs on
the south side of the site.
D. NATURE OF REQUEST
The applicant is requesting a Conditional Use Permit to allow the expansion of the
existing storage facility which requires a Conditional use Permit in the B-5, Industrial -
Commercial zone. The project would include relocating six (6) above ground fuel
storage tanks; a 7,000 square foot expansion of the existing warehouse; and a
number of pumps and docks. No modification to the site south of the primary rail
tracks is proposed.
E. LAND USE AND ZONING
Onsite: The property is zoned B-5, industrial -Commercial. Fuel storage is allowed as
a conditional use. Currently the property is being used for the same purpose under
non -conforming status.
Adjacent: To the east lies Sth Avenue West North and the Kalispell Center Fall zoned
B-4, Central Business. To the south and west Is zoned 1-1, Light Industrial with various
types of commercial and industrial uses. North of the property is zoned 13-5,
industrial -Commercial and has various industrial and commercial enterprises.
The Master Plan designates this area as Light industrial and anticipates this type of
use.
G. UTILITIES/SERVICES
Sewer:
City of Kalispell
Water:
City of Kalispell
Solid Waste:
City of Kalispell
Police:
City of Kalispell
Fire:
City of Kalispell
H. EVALUATION OF 0
1. Site ..
a. Adequate Useable Space: The property contains 3.5 acres. it Is
bisected east -west by the Burlington Northern Rail Road. The
applicant is requesting a Conditional Use Permit to allowthe expansion
of the existing storage facility. The project would Include relocating
six (6) above ground fuel storage tanks; a 7,000 square foot expansion
of the existing warehouse; and a number of pumps and docks. No
modification to the site south of the primary rail tracks is proposed.
b. Adequate Access: The site has access from both 5th Avenue West
North from the east, and 6th Avenue West North from the north.
Fifth avenue West (North is a paved two lane road. Currently 6th
Avenue West North at the entrance to the site Is not paved.
C. Environmental Constraints: No known or documented environmental
constraints exist on or adjacent to this site.
2. Appropriate Design:
a. Parking Scheme: No parking has been indicated on the site plan other
than that for truck loading areas. Paved parking In accordance with
the City of Kalispell zoning Ordinance would be required.
b. Traffic Circulation: The site has adequate access from both Sth and
6th Avenues West North. The internal circulation pattern of the site
has not been Indicated on the plan. A site plan would need to be
approved by the Site Plan Review Committee showing this circulation
pattern. in addition, in order to comply with the clean air standards
these driving aisles and parking/stopping areas would need to be
paved.
C. open Space: The buildings are scattered throughout the property.
The area that is not used for parking or drive aisles should be
landscaped to Improved the appearance of the site. This landscape
K
J. RECOMMENDATION
it is recommended that the City -County Planning Board and Zoning Commission
adopt as findings of fact, FRDO staff report JKCU-94-04and recommend approval to
the requested Conditional Use Permit, subject to the following requirements and
conditions.
1. improvements to the property shall be in substantial conformance with the
approved site plan, except as modified by these conditions.
2. The developer shall make Improvements in accordance with the Kalispell city
Zoning ordinance.
3. submit detailed landscape/buffer plan to Include type, size and location of
all materials and automatic Irrigation plan. Landscaping/buffering must be
of sufficient quality and quantity to effectively buffer the subject property
from surrounding uses to the satisfaction of the City's Site Plan Review
Committee.
4. The driveways and parking shall be approved by the Site Plan Review and
paved to city specifications.
5. Any signs shall comply with the Kalispell Zoning Ordinance.
6. A storm water drainage plan prepared by a licensed architect or engineer
shall be submitted to, and approved by, the City Public Works Department
that adequately addresses on -site storm water detention and disposal.
7. Prior to receiving a building permit, this project shall comply with all related
provisions and requirements of this Conditional Use Permit.
8. The conditional use permit shall terminate 18 months from date of issuance
if commencement of the authorized activity has not begun.
F:\..AKCU94-04.VLC
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