09. City Service - CUP - Bulk Petroleum StorageAgenda -July 21, 1997
AGENDA ITEM 9 - CONDITIONAL USE PERMIT FOR CITY SERVICE BULK
PETROLEUM STORAGE
I have also enclosed the report from FRDO for the request for a
Conditional Use Permit for City Service. After review of the
conditions specified by the Planning Board, the City Attorney
voiced strong concern about the conditional use and the fact that
they did not specify life safety protection items strong enough.
After further discussion with staff, the City Attorney is currently
negotiating with City Service to clarify and more specifically,
list the requirements within the conditional use for protection
perimeters of this petroleum storage facility.
RECOMMENDATION: At the time of the writing of this report, the City
Attorney advises against the approval of the Conditional Use Permit
as recommended from the Planning Board. We hope to be able to
recommend approval of a Conditional Use Permit, that gives us more
protection and clearly specifies what the owners will need to do
for the facility.
ACTION REQUIRED: A MOTION to approve or deny the conditional use
will be needed at the meeting. A recommendation will be available
at that time.
City of Kalispell
F. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: City Service Inc.
Northwest Investment Partnership
P.O. Box 1
Kalispell, MT 59903
LEGAL DESCRIPTION: Redevelopment of the existing industrial site
described as Assessor's Tracts 81AA, 8PC, 8PA
and 8PBA in Section 20, Township 28 North,
Range 21 West, P.M.M., Flathead County
Montana.
OWNER: City Service, Inc./NW Investment Partnership
P.O. Box 1
Kalispell, MT 59903
ZONE: Light Industrial, I-1
The applicants have applied to the City of Kalispell for a
conditional use permit to allow the redevelopment of the existing
industrial site at City Service South. The applicants are
proposing a bulk fuel card lock island as well as the relocation of
their lubricant packaging plant. A three-phase development is
planned with Phase I including the bulk fuel storage and card lock
islands. Phase II would be the remodeling of the existing building
on the Southwest corner of the property by constructing a new
canopy, installing new windows and generally upgrading the
building. Phase III would involve the relocation of a steel
building from its existing location at City Service west at the
Northwest corner of Meridian and Idaho to this site. This
building would be used for the packaging and storage of petroleum -
based lubricants.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on June 10, 1997, held a
public hearing on the application, took public comment and
recommended that the application be approved subject to eight
j:\wp\cup.CityService 1
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-97-5 as the Councils findings of fact, and issues and grants
to the above -described real property a conditional use permit to
allow the redevelopment of the area located approximately 200 feet
South of 18th Street East on the East side of Third Avenue East, in
the I-1, Light Industrial zoning district subject to the following
conditions:
1. That the proposal will be developed in substantial
conformance with the approved site plan.
2. That the applicant submit professionally prepared
drawings to the Kalispell Building Department which
address the building code issues related to fire access.
3. That the proposed driveway off 18th Street East be paved
and that an approach permit for the accesses off 18th
Street East and Third Avenue East be obtained from the
Kalispell Public Works Department.
4. A drainage plan prepared by a certified professional
engineer which retains the additional runoff created by
the site development and the paved roadway and parking
areas onsite shall be submitted and approved by the
Kalispell Public Works Department.
5. Fifteen parking spaces shall be provided and parking lot
design shall comply with the parking requirements of the
Kalispell Zoning Ordinance. The parking lots shall be
striped prior to occupancy of the building(s).
6. That a landscaping plan which complies with the Kalispell
Zoning Ordinance shall be submitted to the Kalispell
Zoning Administrator for approval.
7. That lighting for the road, parking lot and structures,
j:\wp\cup.CityService 2
shall be directed to illuminate the intended area and
shall not intrude onto adjoining properties.
8. All development proceeding under this CUP shall be
accomplished in accordance with the Uniform Fire Code,
and National Fire Protection Association (Chapter 30),
then in effect within the City of Kalispell.
9. That all of the required conditions of approval be met
prior to the issuance of a certificate of occupancy.
The conditional use permit, herein granted, shall terminate 18
months from the date of issuance if commencement of the
authorized activity has not begun.
Dated this day of , 1997.
Douglas D. Rauthe, Mayor
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 1997 before me, a
Notary Pubic, 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
j:\wp\cup.CityService 3
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
June 19, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit for City Service Bulk Petroleum Products Storage
Dear Clarence:
The Kalispell City -County Planning Board held a public hearing at their regular meeting of
June 10, 1997, at 7:00 PM in the Kalispell City Council Chambers. During that meeting
they considered a request by City Service / Northwest Investment Partnership for a
conditional use permit to allow the storage, packaging and sales of bulk fuel and petroleum
products in an I-1, Light Industrial zoning district. The site is located approximately 200
feet south of 18+h Street East on the east side of Third Avenue East and contains
approximately 1.1 acres. A request for annexation has been filed concurrently with this
conditional use permit application.
Narda Wilson with the Flathead Regional Development Office reviewed the proposed
development stating that it is part of an overall business plan which integrates the various
aspects of the City Service operation. She recommended approval of the proposal subject
to nine conditions.
Thor Jackola, engineer for the applicants, and Matt Waatti, representing City Service,
spoke in favor of the proposal and asked for the board's support. The planning board
discussed the project and asked the engineer about the installation of the fuel tanks and
other aspects of the development.. They adopted staff report KCU-97-4 as findings of fact
on a 7 to 0 vote with the conditions as amended, and recommended that the City Council
grant the conditional use permit subject to ten conditions.
Please schedule this matter for the July 7, 1997 regular City Council meeting. Please
contact this Board or Narda Wilson at the Flathead Regional Development Office if you
have any questions regarding this matter.
Sincerely,
7cao'_
City-County Planning Board
(�_ AJ-"
Therese Fox Hash
President
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
City Service / NW Investment Partnership CUP
June 19, 1997
Page 2
TFH/NW/
Attachments: Exhibit A
FRDO Report #KCU-97-5
Draft Minutes 6/ 10/97 Planning Board meeting
c w/o encl: City Svc/NW Invstmt Ptshp., Box 1, Kalispell, MT 59901
Jackola Engineering, Box 1134, Kalispell, MT 59901
Debbie Gifford, Kalispell City Clerk
H:\... \TRANSMIT\KCU97-5
EXHIBIT A
CITY SERVICE / NORTHWEST INVESTMENT PARTNERSHIP
CONDITIONAL USE PERMIT #KCU-97-5
CONDITIONS OF APPROVAL AS RECOMMENDED BY
KALISPELL CITY -COUNTY PLANNING BOARD
JUNE 10, 1997
That the proposal will be developed in substantial conformance with the
approved site plan.
2. That the applicant submit professionally prepared drawings to the
Kalispell Building Department which address the building code issues
related to fire access.
3. That the proposed driveway off of 18th Street East be paved and that an
approach permit for the accesses off of 18+h Street East and Third Avenue
East be obtained from the Kalispell Public Works Department.
4. A drainage plan be prepared by a certified professional engineer which
retains the additional runoff created by the site development, the paved
roadway and parking areas onsite shall be submitted and approved by the
Kalispell Public Works Department.
5. Fifteen parking spaces shall be provided and parking lot design shall
comply the parking requirements of the Kalispell Zoning Ordinance. The
parking lot shall be striped prior to occupancy of the building(s).
6. That a landscaping plan which complies with the Kalispell Zoning
Ordinance shall be submitted to the Kalispell Zoning Administrator for
approval.
7. That lighting for the road, parking lot and structures, shall be directed to
illuminate the intended area and shall not intrude onto adjoining
properties.
8. That all of the required conditions of approval be met prior to the issuance
of a certificate of occupancy.
9. That the development of the site comply with all local, state and federal
permits, process and construction requirements.
10. That the conditional use permit is valid for a period of 18 months from the
date of authorization.
H: \... \TRANSMIT\KCU975A
CITY SERVICE, INC. / NORTHWEST INVESTMENT PARTNERSHIP
FLATHEAD REGIONAL DEVELOPbMNT OFFICE
CONDITIONAL USE PERMIT STAFF REPORT KCU-97-5
JUNE 2, 1997
A report to the Kalispell City -County Planning Board and Kalispell City Council regarding
a request by the City Service, Inc. for a Conditional Use Permit to allow the storage,
packaging and sales of bulk fuel and petroleum products in an I-1, Light Industrial zoning
district. A public hearing on this matter has been scheduled before the planning board for
June 10, 1997, beginning at 7:00 PM in the Kalispell City Council Chambers. The
Planning Board will forward a recommendation to the Kalispell City Council for final
action.
BACKGROUND INFORMATION
A. Petitioner: City Service, Inc. / NW Investment Partnership
P.O. Box 1
Kalispell, MT 59901
(406)752-6426
Technical Assistance: Jackola Engineering
P.O. Box 1134
Kalispell, MT 59901
(406)755-3208
B. Size and Location: The property proposed for development is located
approximately 200 feet south of the 18th Street East on the east side of Third
Avenue East. There area contains approximately 1.1 acres. The property can be
described as Assessor's Tracts 81AA, 8PC, 8PA and 8PBA in Section 20, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Nature of Request: The applicants are requesting a conditional use permit to allow
the redevelopment of an existing industrial site. The applicants are proposing a
bulk fuel card lock island as well as the relocation of their lubricant packaging
plant. Concurrent with the conditional use permit request, the applicants have
filed a petition for annexation into the city of Kalispell and initial zoning of I-1, Light
Industrial. Bulk fuel storage and sales is a conditionally permitted use in the I-1,
Light Industrial zoning district.
More specifically, the applicants plan a three phase development of the site. Phase
I would be to put in the bulk fuel storage and card lock islands. Phase II would be
to remodel the existing building on the southwest corner of the properly by
constructing a new canopy, putting in new windows and generally upgrading the
building. This building will be used for warehousing, office and limited retail sales.
Phase III would involve the relocation of a steel building from its existing location at
City Service West, located at the northwest comer of Meridian and Idaho, to this
site. This building would be used for the packaging and storage of petroleum based
lubricants. As part of the redevelopment of this site, several older wooden buildings
would be removed from the site and an access developed off of 18th Street East.
It should be noted that the redevelopment of this site is part of an overall business
plan by City Service to relocate their corporate offices to the Haven Field site,
relocate their packaging plant and card lock islands. The development of this site
across from Haven Field will allow City Service to consolidate their business
ventures in a comprehensive manner within close proximity of each other.
Existing Land Use and Zoning: In the past, Northwest Fuels has operated their
propane sales office from the site. It appears that currently the site is being used
for storage of various items, equipment and signs. There is a steel building located
on the southwest corner of the property along with several older wooden buildings
which are proposed for removal. Currently, the property is located in the County
and is zoned I-1, Light Industrial. Concurrent with the conditional use permit
request, the applicants are requesting annexation into the city of Kalispell and
initial zoning of I-1, Light Industrial. This application is being processed based
upon the City I-1 zoning and the Kalispell Zoning Ordinance.
D. Surrounding Zoning and Land Uses Zoning: Within the immediate area of this
site there is a mix of uses. It can be observed that the general character of the area
is commercial in nature.
North: Montana Liquor Store and retail office space, City B-2 zoning
South: Valley Glass and storage, City B-2 zoning
East: Montana Gold Bullet Co., Also annexing with City I-1 zoning
West: Haven Field, City B-2 zoning
E. Master Plan Designation: This property is located in the South Woodland /
Greenacres Neighborhood Plan area. The land use map designates this property as
industrial. This proposal can be found to be in compliance with the master plan.
F. Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Montana Power Company
Electric:
Pacific Power (underground)
Phone:
PTI (underground)
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
G. Evaluation of the Request:
1. Site Suitability:
a. Adequate Useable Space: All of the parcels combined contain approximately
1.13 acres. The fuel tanks will be located underground and installed
according to EPA standards. The existing building and proposed buildings
are indicated on the site plan to be in compliance with the setbacks for the
district. Parking and a turnaround area can also be adequately provided.
b. Adequate Access: Access to the site is currently by way of an uncontrolled
access along Third Avenue East. An additional access is proposed to be
developed from 18th Street East. These approaches will provide good access
and circulation on the site.
C. Environmental Constraints: Although the property is generally level, there
have been drainage problems in the area_ It would be difficult to determine
at this juncture whether or not there are drainage problems associated with
this specific site. There are not steep slopes, flood hazard areas or other
obvious environmental constrains associated with the property.
2. Appropriate Design:
a. Parking Scheme: Currently there are some parking spaces located in front of
the building along Third Avenue East. The site plan indicates seven parking
spaces in the front of the building and an additional five parking spaces
along the north boundary of the property for a total of 12 spaces. Based
upon the Kalispell Zoning Ordinance, an additional three parking spaces
will be required for a total of 15 spaces which could be placed along the
north or east boundary of the property. Additionally, a loading dock is
indicated along the southern property boundary. This loading dock is
currently in existence. A portion of that dock will be removed and will
ultimately be approximately 13 by 70 feet. This complies with the minimum
standards of 12 by 35 feet as required under the Kalispell Zoning Ordinance.
Traffic Circulation: Traffic circulation in the area is generally good with two
City streets in the immediate area. The applicants propose using the existing
access from Third Avenue East and plan on developing an additional paved
access from 18th Street East. This will provide good traffic circulation to the
site and within the site.
It should be noted that there is no curbing along Third Avenue East which
creates an uncontrolled access situation. At some point is may be beneficial
for the City to install curbing along Third Avenue East to control ingress and
egress along that street which is identified as a collector street in the master
plan. However, it does not appear that it would be of benefit to this site or
the area to have this single property install curbing at this time.
b. Open Space: No formal open space requirements are required under the
zoning ordinance other than the required setbacks of 20 feet in the front and
rear and ten feet on the sites. These setbacks have been adequately met.
C. Fencing/Screening/Landscaping: There is some fencing around the property
at this time. No specific landscaping is indicated on the site plan or outlined
in the application. However, the Kalispell Zoning Ordinance requires a
minimum of five percent of the parking lot area to be landscaped. Staff
would recommend that landscaping be placed along the north boundary of
the property between Third Avenue East and the proposed driveway.
Landscaping should also be placed at least a portion of the southern
boundary and a portion of the northwest boundary of the property.
d. Signage: No specific sign plans have been submitted with the application or
the site plan. A sign permit from the zoning administrator will be required to
be obtained prior to placement.
3. Availability of Public Services/Facilities:
a. Schools: This property is within the boundaries of School District #5. No
impact on the school district can be anticipated as a result of this proposal.
b. Parks and Recreation: No apparent impacts to the Kalispell Parks and
Recreation Department appear to be associated with the proposed
expansion.
C. Police: This property is currently served by the Kalispell Police Department.
No increased impacts to the police can be anticipated as a result of the
proposed expansion.
d. Fire Protection: Fire protection would be provided by the Kalispell Fire
3
Department. These buildings and equipment will be installed according to
the applicable fire codes. The applicants will need to provide necessary
information to the building and fire department which addresses fire code
issues and receive approval from the Kalispell fire chief
e. Water: At the time of annexation and redevelopment of this site, the property
owner plans to connect to City water. No significant impacts to the City
water system can be anticipated as result of this expansion.
f. Sewer: In the past this site has been served by an on -site sewage treatment
system. At the time of redevelopment of the site, the property owners plan to
utilize City sewer services. No significant impacts on City sewer services can
be anticipated as a result of the proposed development.
g. Solid Waste: Solid waste pick-up will be provided by the City of Kalispell. No
significant impacts on the County landfill can be anticipated as a result of
this development.
h. Roads: Access is currently provided by way of Third Avenue East. An
additional access is being planned for development along .18th Street East.
Some heavy truck traffic may impact Third Avenue East which does not
currently exist. However, Third Avenue East will be upgraded at the time of
the expansion of Highway 93 North and will provide direct access to the
highway system. It appears that the road system in the area will be
adequate to accommodate the proposed project.
i. Immediate Neighborhood Impact: The general character of this area is
commercial. This site has been used industrially in the past and there are
buildings on the property which have deteriorated and an accumulation of
miscellaneous equipment and other items have created a rather cluttered
appearance. The redevelopment of this site will improve the appearance of
the site and the overall area. The redevelopment of the site should
contribute to maintaining the property values in the area The packaging
operation will be fully enclosed with little outdoor storage. Minimal impacts
can be identified which would be associated with smoke, odor, flumes, or
noise. Impacts to the immediate neighborhood appear to be positive.
REACTION OF NEARBY PROPERTY OWNERS
A notice of public hearing was mailed to property owners within 150 feet of the subject
property approximately 15 days prior to the hearing. At the time of writing the staff report,
no comment have been receive by the FRDO.
SU3EMARY OF FIPIDINGS
The size and location of the site is adequate to accommodate all three phases of the
proposed project.
2. The design of the site with regard to access, parking, location of the buildings, and
setbacks is in general compliance with the zoning and design standards of the City.
3. Existing public services and facilities are adequate to accommodate the proposed
use.
4. No significant negative impacts to the neighborhood can be anticipated as a result
of this development.
21
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU-
97-5 as findings of fact and recommend to the Kalispell City Council that the Conditional
Use Permit be granted subject to the following conditions:
1. That the proposal will be developed in substantial conformance with the approved
site plan.
2. That the applicant submit professionally prepared drawings to the Kalispell
Building Department which address the building code issues related to fire access.
3. That the proposed driveway off of 18th Street East be paved and that an approach
permit for the accesses off of 18th Street East and Third Avenue East be obtained
from the Kalispell Public Works Department
4. A drainage plan prepared by a certified professional engineer which retains the
additional runoff created by the site development and the paved roadway and
parking areas onsite shall be submitted and approved by the Kalispell Public Works
Department.
5. Fifteen parking spaces shall be provided and parking lot design shall comply the
parking requirements of the Kalispell Zoning Ordinance. The parking lot shall be
striped prior to occupancy of the building(s).
6. That a landscaping plan which complies with the Kalispell Zoning Ordinance shall
be submitted to the Kalispell Zoning Administrator for approval.
7. That lighting for the road, parking lot and structures, shall be directed to illuminate
the intended area and shall not intrude onto adjoining properties.
8. That all of the required conditions of approval be met prior to the issuance of a
certificate of occupancy.
9. That the conditional use permit is valid for a period of 18 months from the date of
authorization.
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VICINITY MAP
CITY SERVICE INC.
CONDITIONAL USE PERMIT
FOR STORAGE, PACKAGING & SALES OF
BULK FUEL & PETROLEUM PRODUCTS
SECTION 20, T.28N., R.21W.
FILE # KCU - 9 7 - 5
PLOT DATE: 05/22/97
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