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4. Conditional Use Permit - ValconAgenda -September 2, 1997 AGENDA ITEM 4 - CONDITIONAL USE PERMIT-VALCON BACKGROUND/CONSIDERATION: I have enclosed the minutes of the August 12, 1997 Planning Board as well as the supporting documents for the Conditional Use Permit for Dallas Herron and Valcon operations. RECOMMENDATION: Upon review of the proposed improvements, the FRDO staff report, the minutes of the Planning Board, as well as being involved in Mr. Herron's presentation to the Site Review Committee, I concur with the FRDO staff recommendation and the Planning Board's actions to approve the Conditional Use Permit. ACTION REQUIRED: APPROVAL of the Conditional Use Permit as compiled is required to allow these improvements to be constructed. City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Dallas I. Herron Herron Development P.O. Box 9200 Kalispell, MT 59904-2200 LEGAL DESCRIPTION: Development of the property described as Lots 2 through 6, Block 155 and Lots 7 through 12, Block 154 and Lots 14 and 15 in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. OWNER: Herron Development P.O. Box 9200 Kalispell, MT 59904-2200 ZONE: Light Industrial, I-1 Commercial Industrial, B-5 The applicants have applied to the City of Kalispell for a conditional use permit to allow the storage of bulk fuel and petroleum products and the relocation of a petroleum product packaging facility. The applicant is proposing to relocate a bulk storage facility which will house various petroleum base products. This portion of the Valcon operation will be located inside an existing 100 by 160 by 25 foot warehouse building. The request also includes the relocation of Valcon's bulk plant. This will consist of the relocation of eight above ground tanks which measure 11 feet in diameter and 29 feet tall. These tanks will be enclosed in a concrete dike of approximately 65 by 35 by 2 feet which will be located West of the existing warehouse building. Valcon's integrated business plan includes several phases. Phase I involves the relocation of the petroleum packaging plant from its location South of First Avenue West and West Montana Street into the existing warehouse. Other phases include the relocation of the packaging plant from its present located North of center Street between Sixth Avenue West and Seventh Avenue West to the West of the existing warehouse at 640 West Montana Street, the site under review. These two phases are covered under the conditional use permit application. Additionally, the offices currently located j:\wp\cup.Valcon 1 along Fifth Avenue West across from the Kalispell Center Mall will be relocated to the office buildings adjoining the warehouse. This $„ building will either be expanded or reconstructed to accommodate the required additional office space. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on August 12, 1997, held a public hearing on the application, took public comment and recommended that the application be approved subject to ten 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-97-6 as the Councils findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the development of the area located between Sixth Avenue West and Eight Avenue West, South of West Montana Street, an area of approximately 2.5 acres, in the I-1, Light Industrial, and B-5, Commercial Industrial zoning districts subject to the following conditions: SECTION I. 1. That the proposal will be developed in substantial conformance with the approved site plan. That a revised site plan indicating parking stalls, driveways and loading areas be submitted to the Kalispell Zoning Administrator and approved by the Site Development Review Committee. 2. That the applicant submit professionally prepared drawings to the Kalispell Building Department for review and approval which addresses the building code issues related to fire suppression and prevention. 3. That the driveway and alley along the East and West sides of the building be paved as the site becomes occupied and that an approach permit for the accesses off of West Montana Street be obtained from the Kalispell Public Works Department. 4. That the required number of employee parking spaces and a loading area shall be provided. The parking lot design j:\wp\cup.Valcon 2 shall comply with the parking requirements of the Kalispell Zoning Ordinance. The parking lot, loading areas and driveways shall be paved and striped prior to occupancy of the building(s). 5. That a landscaping plan which complies with the Kalispell Zoning Ordinance and which incorporates street trees along the boulevard in accordance with the specifications of the Parks and Recreation Department shall be submitted to the Kalispell Zoning Administrator for approval. 6. That the applicant shall undertake a weed abatement and eradication program to remove the overgrown vegetation from the lot and that any extraneous junk and/or debris be removed from the site. 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. All development proceedings under this CUP shall be accomplished in accordance with the Uniform Fire Code and NFPA 30, Flammable and Combustible Liquids Code, of the National Fire Protection Association, then in effect within the City of Kalispell. 9. That the development of the site comply with all local, state and federal permit process and development standards. 10. That all 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 j:\wp\cup.Valcon 3 11 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.valcon 4 �. Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 August 18, 1997 Clarence Krepps, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Herron Development / Valcon Conditional Use Permit - Bulk Petroleum Products Storage and Petroleum Product Packing Facility Dear Clarence: The Kalispell City -County Planning Board held a public hearing at their regular meeting of August 12, 1997 to consider a request by Dallas Herron / Herron Development dba Valcon for a conditional use permit to allow the storage of bulk fuel and petroleum products and the relocation of a petroleum product packaging facility to a site in the B-5, Commercial Industrial, and I-1, Light Industrial zoning districts. The properties proposed for this use contain approximately 2.5 acres and are located at 640 West Montana Street between 6th Avenue West and 8th Avenue West, south of West Montana Street. Narda Wilson with the Flathead Regional Development Office reviewed the proposed development which integrates various aspects of the Valcon operation. She recommended approval of the proposal subject to ten conditions. Dave Meredith, architect for the applicants, explained the project and asked the board to modify the language of conditions #3 and #4 to reflect the phasing of the development. He stated the impacts of the project would be to change some of the traffic patterns in the area and enhance the safety of the existing buildings. Jerry Stahlberg, property owner to the south and east, was in favor of the Valcon proposal, but had concerns about fire protection. The planning board discussed the project and felt overall it would result in an improvement to the area. They agreed to modify the language in the conditions to clearly reflect that the paving and employee parking would be required as the site becomes occupied. A motion to adopt staff report KCU-97-6 as findings of fact carried on- a 5 to 0 vote with the recommendation that the City Council grant the conditional use permit subject to ten conditions, as set forth in Attachment A. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Herron Development / Valcon CUP August 18, 1997 Page 2 Please schedule this matter for the September 2, 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, Kalispell City -County Planning Board Milton arlson�� Chair Pro Tem MC/NW/eo Attachments: Attachment A FRDO Report #KCU-97-6 Draft Minutes 8/ 12/97 Planning Board meeting c w/Att A: Dallas Herron / Herron Development, Box 9200, Kalispell, MT 59904 Meredith & Clarke, Box 7128, Kalispell, MT 59904 Debbie Gifford, Kalispell City Clerk H: \... \TRANSMIT\KCU97-6 ATTACHMENT A 4 DALLAS HERRON / HERRON DEVELOPMENT dba VALCON CONDITIONAL USE PERMIT #KCU-97-6 CONDITIONS OF APPROVAL AS RECOMMENDED BY KALISPELL CITY -COUNTY PLANNING BOARD AUGUST 12, 1997 1. That the proposal will be developed in substantial conformance with the approved development plan. That a revised site plan indicating parking stalls, driveways and loading areas be submitted to the Kalispell Zoning Administrator and approved by the Site Development Review Committee. 2. That the applicant submit professionally prepared drawings to the Kalispell Building Department for review and approval which addresses the building code issues related to fire suppression and prevention. 3. That the driveway and alley along the east and west sides of the building be paved as the site becomes occupied and that an approach permit for the accesses off of West Montana Street be obtained from the Kalispell Public Works Department. 4. That the required number of employee parking spaces and a loading area shall be provided. The parking lot design shall comply with the parking requirements of the Kalispell Zoning Ordinance. The parking lot, loading areas and driveways shall be paved and striped prior to occupancy of the buildings). 5. That a landscaping plan which complies with the Kalispell Zoning Ordinance and which incorporates street trees along the boulevard in accordance with the specifications of the Parks and Recreation Department shall be submitted to the Kalispell Zoning Administrator for approval. 6. That the applicant shall undertake a weed abatement and eradication program to remove the overgrown vegetation from the lot and that any extraneous junk and / or debris be removed from the site. 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 the development of the site comply with all local, state and federal permit process and development standards. 9. That all of the required conditions of approval be met prior to the issuance of a certificate of occupancy. 10. That the conditional use permit is valid for a period of 18 months from the date of authorization H: \... \TRANSMIT\KCU976A 4 l HE-.'ONHERRON DEVELOPMENT FLATHEAD REGIONAL DEVELOPMENT CONDITIONALPERPERAUT STAFF REPORT KCU-97-4 A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a request by the Herron Development for a Conditional Use Permit to allow the storage of bulk fuel oil and petroleum products and the relocation of a petroleum product packaging facility in the I-1, Light Industrial, and B-5, Commercial Industrial zoning districts. A public hearing on this matter has been scheduled before the planning board for August 12, 1997, 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. i 1 0 A. Petitioner: Dallas I. Herron / Herron Development P.O. Box 9200 Kalispell, MT 59904-2200 (406)755-6611 Technical Assistance: Meredith & Clark P.O. Box 7128 Kalispell, MT 59904 (406)752-4200 B. Size and Location: The property proposed for development is located between Sixth Avenue West and Eight Avenue West, south of West Montana Street. The combined parcels contain an area of approximately 2.5 acres. The property can be f. :. described as Lots 2 though 6, Block 155 and Lots 7 through 12, Block 154 and Lots 14 and 15 in Section 7, 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 reuse of an existing building in an industrial area of Kalispell. The applicant is proposing to relocate a bulk storage facility which will house various petroleum based products. This portion of the Valcon operation will be located inside an existing 100 by 160 by 25 foot warehouse building as shown on the site plan. As part of this relocation, the Valcon offices will be relocated to the existing small building to the north of the warehouse. This request for a conditional use permit also includes the relocation of Valcon's bulk plant. This will consist of the relocation of eight above ground tanks which measure 11 feet in diameter and 29 feet tall. These tanks will be enclosed in a concrete dike of approximately 65 by 35 by 2 feet which will be located west of the existing warehouse building. Basically, this structure will provide protection for the bulk plant storage containers. The storage and sales of bulk petroleum products is listed as a conditionally permitted use in the I-1, Light Industrial, and B-5, Commercial Industrial zoning districts. Valcon's integrated business plan includes several phases. Generally the plan has four basic elements. Phase I involves the relocation of the petroleum packaging plant from its location south of First Avenue West and West Montana Street into the existing warehouse. Other phases include the relocation of the packaging plant from its present location north of Center Street between Sixth Avenue West and Seventh Avenue West to the west of the existing warehouse at 640 West Montana Street, the site under review. These two phases are being covered under this conditional use permit application. Additionally, the offices currently located along Fifth Avenue West across from the Kalispell Center Mall will be relocated to the office buildings adjoining the warehouse. This building will either be expanded or reconstructed to accommodate the required additional office space. The site at Fifth Avenue West across from the Kalispell Center Mall will be redeveloped with a use that has a more commercial nature. This use will likely include a convenience: store and retail gasoline sales. D. Mdating Land Use and Zoning: In the past, the warehouse and office on this property have been used for general warehousing purposes and offices. The building does not meet the required fire code for the products currently being stored in the building by Valcon Development. The fire marshal has contacted the applicant and advised him of the need to take immediate action to bring the facilities up to an acceptable code. The property is zoned B-5, Commercial Industrial, and I-1, Light Industrial. The proposed uses would be allowed with the granting of a conditional use permit by the city council. E. 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 industrial and commercial in nature with some residences in the area, which have not been converted to a more intensive use. North: Anytime Lock and Safe, LHC Offices;, City B-5 and B-2 zoning South: Burlington Northern RR tracks, City 1-1 zoning East: Welding Shop and single family residences, City B-5 zoning West: Landscape business, Industrial supply, City I-1 zoning F. Master Plan Designation: This land use designation for this property is indicated on the Kalispell City -County Master Plan Map as light industrial This proposal can be found to be in compliance with the master plan. G. 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 Evaluation of the Request: Site Suitability: a. Adequate Useable Space: All of the parcels combined contain approximately 2.5 acres. The storage tanks will be located inside of an existing warehouse building and housed within an building that has been brought up to the appropriate fire code. The existing building indicated on the site plan is 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 would be taken primarily from West Montana Street to the south directly to the site. The main entrance to the warehouse will be from the west side of the building with an alternate access from the east side of the building from an existing alley which stops at the south end of the properties. Both of these driveway approaches exist and there is curbing along both sides of West Montana Street. There is also a potential access from Railroad Street to the east by way of a private drive which runs along the northern boundary of Assessor's Tract 8BB, which is also owned by Valcon. A dedicated roadway easement does not exist on this portion of the site, but it could be used as an alternate access. If so, it should be paved. As a note, Seventh Avenue West was abandoned between these two blocks and has been made part of the lots which previously fronted along Seventh Avenue West. C. Environmental Constraints: Although the property is generally level, there may be some drainage problems associated with the development of the site and with the amount of paving which will be required for the site to be property developed. It would be difficult to determine at this juncture whether or not there are drainage problems associated with this specific development. There are no steep slopes, flood hazard areas or other obvious environmental constraints associated with the property. 2. Appropriate Design: a. Parking Scheme: It appears that there is adequate usable space on the site to accommodate any required parking. However, the site plan which was submitted with the application does not indicate the exact parking locations. It appears some parking is located in front of the office building off of West Montana Street. The Kalispell Zoning Ordinance requires parking based on the number of employees at maximum shift. Once the bulk fuel plan and packaging plant have been relocated, Valcon plans to have about ten employees involved in these aspect of their operations. Parking for these uses would be required to be 10 spaces. Additionally, a loading dock is required for this business which is currently in existence along the southern end of the building and is accessed by traveling around the western side of the building or along the driveway from Railroad Street. A revised site plan which complies with the Kalispell Zoning Ordinance showing the exact location of the parking areas and loading, dock will be required to' be submitted to the Kalispell Zoning Administrator prior to issuance of a building permit. Once the administrative office element of the business is relocated, Valcon will need to address the , required parking for offices under those standards prior to submitting an application for a bufding permit. 3 Traffic Circulation: Traffic circulation and access to the site is generally good. Access can be obtained from either of the two driveway approaches along West Montana Street or from Railroad Street. The driveway oproach along the east side of the property is actually an extension of the that lies between Sixth Avenue West and Seventh Avenue West. The driveway from Railroad Street provides direct access to the south entrance and the warehouse. Although this access and circulation in the area is generally good, it does not appear these streets are generally intended for heavy truck traffic. Traffic circulation on the site is good. Access can be gained from either the alley entrance to the east or the main entrance to the west of the warehouse building. There is adequate space for full circulation around the building. There are large overhead doors on both sides of the warehouse which can be easily accessed, as well as a main loading area on the south side of the building. b. Open SRace: 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 sides. These setbacks have been adequately met as indicated on the site plan. C. Fencing/Screening/ Landscaping: There is some fencing around the property which encompasses most of the site with the exception of fencing along the alley side which would prevent easy access to the west side of the building. No specific landscaping is indicated on the site plan. However, this area is sorely in need of some upgrading. Landscaping could easily accomplish an improved appearance of this area. Staff would recommend that street trees along the boulevard be installed along the northern boundary of the properties. Additionally, 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 northern boundary of the property along West Montana Street. Landscaping will help to buffer the visual impacts of the steel warehouse building and the rather rundown wooden building used for office space. d. Signa_ ge: 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 ServicesLFacilities: a. Schools: This property is within the boundaries of School District #5. Because this involves the relocation of an existing industrial use, no specific impacts 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: The fire marshal has serious concerns about the storage of the petroleum products in the existing building. The fire marshal and Kalispell Fire Chief have reviewed the requirements for storage of these products and will require the building to be sprinkled. Adequate fire protection can be provided by the Kalispell Fire Department provided the €` building, structures and equipment be installed according to the applicable fire codes. The applicants will need to provide necessary information to the building and fire departments which addresses fire code issues and receives approval from the Kalispell fire chief e. Water and Sewer: City water and sewer currently serve this site. There will be some modifications required to the building, but this will be addressed at the time of building permit review. No significant impacts to the City water and / or sewer system can be anticipated as result of this proposal. f. 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. g. Roads: Primary access to the site will be gained from West Montana Street, a City street in moderately good condition. Some heavy truck traffic may impact the area as the trucks move along Sixth Avenue West and Seventh Avenue West to get to Highway 2. Improvements to these roadways would further facilitate the movement of traffic in the area. Secondary access to the site will be gained from a Railroad Street via a private driveway. This driveway will need to be paved in order to control the dust from the heavy truck traffic. h. Immediate Neighborhood Impact: The general character of this area is commercial with some industrial elements. This site has been used industrially in the past and there are buildings on the property which will lend themselves to redevelopment. The redevelopment of this site has the potential to improve the appearance of the overall area. The redevelopment of the site should contribute to maintaining the property values in the area. There will be impacts related to truck traffic, outdoor storage and visual impacts related to the structures. There are also potential environmental impacts related to the type of products being handled by Valcon. 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 comments have been received by the FRDO. SUMMARY OF FINDINGS 1. The size and location of the site is adequate to accommodate all the proposed project. 2. The design of the site with regard to access, parking, location of the buildings, and setbacks can be brought into 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. 5 It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU- 97-6 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be granted subject to the following conditions: That the proposal will be developed in substantial conformance with the approved development plan. That a revised site plan indicating parking stalls, driveways and loading areas be submitted to the Kalispell Zoning Administrator and approved by the Site Development Review Committee. 2. That the applicant submit professionally prepared drawings to the Kalispell Building Department for review and approval which addresses the building code issues related to fire suppression and prevention. 3. That the driveway and alley along the east and west sides of the building be paved and that an approach permit for the accesses off of West Montana Street be obtained from the Kalispell Public Works Department. 4. That a minimum of ten employee parking spaces and a loading area shall be provided. The parking lot design shall comply with the parking requirements of the Kalispell Zoning Ordinance. The parking lot, loading areas and driveways shall be paved and striped prior to occupancy of the building(s). 5. That a landscaping plan which complies with the Kalispell Zoning Ordinance and which incorporates street trees along the boulevard in accordance with the specifications of the Parks and Recreation Department shall be submitted to the Kalispell Zoning Administrator for approval. 6. That the applicant shall undertake a weed abatement and eradication program to remove the overgrown vegetation from the lot and that any extraneous junk and / or debris be removed from the site. 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 the development of the site comply will all local, state and federal permit process and development standards. 9. That all of the required conditions of approval be met prior to the issuance of a certificate of occupancy. 10. That the conditional use permit is .valid for a period of 18 months from the date of authorization. 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