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H6. CUP Northwest AutoPLANNING FOR THE FUTURE �olkly OF., Wl REPORT TO: Doug Russell, City Manager DV FROM: Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KCU-17-01 — Conditional Use Permit (CUP) for auto repair MEETING DATE: May 1, 2017 BACKGROUND: A request from Peterson Holdings, LLC (Northwest Automotive) for a conditional use permit for an auto repair business within the B-4 Zoning District. Auto repair is permitted within the B-4 Zoning District provided a conditional use permit is obtained per Section 27.1413.030 of the Kalispell Zoning Ordinance. The owners of Northwest Automotive currently have an auto repair business located directly across the street from the subject property. The owners are looking to expand their current auto repair business to the subject property, while at the same time keeping their current location. The auto repair would occur within the existing building where the applicant would install eleven (11) lifts for auto repair and have office space. The proposed use is consistent with the historical use of the property which was previously used by Century Tel as their maintenance building for vehicles/equipment. The property is located at 20 Second Avenue East. The property can be legally described as Lots 2 and 3, Block 37 of the Kalispell Original Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing April 11, 2017, to consider the application request. Staff presented staff report KCU-17-01 providing details of the proposal and evaluation. Staff reported that the proposed CUP was compatible with the zoning, the growth policy, and the applicant has met the burden of proof requirements. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the Kalispell City Council that the CUP be approved, subject to six (6) conditions. There being no public comment, the public hearing was closed and a motion was presented to adopt staff report KCU-17-01 as findings of fact, and recommend to the Kalispell City Council that the CUP be approved, subject to six (6) conditions. Board discussion concluded that the CUP was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Peterson Holdings, LLC for Conditional Use Permit KCU-17-01, a conditional use permit for auto repair with the six (6) conditions of approval within the B-4 Zoning District. The subject property is located within Lots 2 and 3, Block 37 of the Kalispell Original Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Conditional Use Permit Letter CUP Staff Report KCU-17-01 Minutes of the April 11, 2017, Kalispell Planning Board Application Materials Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Peterson Holdings, LLC (Northwest Automotive) 403 Hilltop Avenue Kalispell, MT 59901 LEGAL DESCRIPTION: Lots 2 and 3, Block 37 of the Kalispell Original Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: Central Business, B-4 The applicant has applied to the City of Kalispell for a conditional use permit to operate an auto repair business in an existing building at 20 2nd Avenue East, in the B-4 zoning district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on April 11, 2017, held a public hearing on the application, took public comment and recommended that the application be approved subject to six conditions. After reviewing the application, the record, the KPD 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-17-01 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate an auto repair business in an existing building in the Central Business, B-4 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. Outside storage of auto parts or partially or completely dismantled vehicles is prohibited. 3. Vehicles being repaired shall not be stored within the public right-of-ways. 4. Auto repair shall not occur outside of the enclosed building. 5. A landscape plan for the landscape boulevard adjacent 2nd Avenue East shall be submitted and approved by the Parks and Recreation Director. The landscaped boulevard improvements can be bonded for; however, shall be installed prior to September 1, 2017. 6. The sidewalks along the northern half of the property shall be replaced. The sidewalk improvements shall be approved by the Public Works Director. The sidewalk improvements can be bonded for; however, shall be installed prior to September 1, 2017. Dated this 1 st day of May, 2017. Mark Johnson Mayor STATE OF MONTANA : ss County of Flathead On this day of , 2017 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 REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-17-01 APRIL 11, 2017 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow an automotive repair business at the former Century Tel maintenance building. A public hearing on this matter has been scheduled before the planning board for April 11, 2017, 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: Owner/Applicant: Peterson Holdings, LLC (Northwest Automotive) 403 Hilltop Avenue Kalispell, MT 59901 (406) 471-9175 Location: The property is located at 20 Second Avenue East. The property can be legally described as Lots 2 and 3, Block 37 of the Kalispell Original Section 7, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. Size: The subject property is approximately .40 acres in size. Summary of Request: A request from Northwest Automotive for a conditional use permit for an auto repair business within the B-4 Zoning District. Auto repair is permitted within the B-4 Zoning District provided a conditional use permit is obtained per Section 27.14B.030 of the Kalispell Zoning Ordinance. The owners of Northwest Automotive currently have an auto repair business located directly across the street from the subject property. The owners are looking to expand their current auto repair business to the subject property, while at the same time keeping their current location. The auto repair would occur within the existing building where the applicant would install eleven (11) lifts for auto repair and have office space. The proposed use is consistent with the historical use of the property which was previously used by Century Tel as their maintenance building for vehicles/equipment. Existing Land Use and Zoning: The site is zoned B-4 (Central Business) and contains a commercial building that formerly operated as the maintenance/repair building for Century Tel. Adjacent Land Uses: Surrounding land uses consist of the following: West: Alley, office and retail North: Office East: 2nd Avenue East, Auto Repair, restaurant, single-family South: Century Tel storage, single-family Adjacent Zoning: The existing zoning surrounding the subject property are as follows: West: B-4 North: B-4 East: B-4 South: B-4 Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the project site as commercial, which provides the basis for the B-4 zoning designation. The growth policy map lists uses such as retail, offices, services, and mixed use developments as appropriate land uses in the commercial land use designation. The requested conditional use permit to use the property for auto repair is an appropriate land use for the property. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: Private Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyLink Police: City of Kalispell Fire: City of Kalispell Schools: School District #5, Kalispell EVALUATION OF THE REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Space: The property is approximately .40 acres in size and has flat topography making the entire site useable. There is an existing building onsite with accessible paved parking that will be used for the auto repair business. b. Adequate Access: There are existing accesses to the property from 2na Avenue East and the alleyway located at the back of the property. These accesses are adequate to serve the building. C. Environmental Constraints: There are no environmental constraints apparent on the property which could affect the proposed use. d. Height, bulk and location of the building: The site contains an existing FA building that was previously used for maintenance/repair of Century Tel vehicles/equipment. There are no additions proposed and all the improvements will be either inside the existing building or faQade improvements. 2. Appropriate Design: a. Parking Scheme/Loading Areas: There is existing parking onsite that was used by Century Tel that will be maintained. The subject property is located within Special Parking Maintenance District No.2 as provided by Section 27.24.040(6)(b) of the Kalispell Zoning Ordinance, which does not require additional off-street parking for a change of use. b. Traffic Circulation: The existing accesses from 2nd Avenue East and the alley provide sufficient access to the property. C. Open Space: The building is existing and no additional open space would be required for the auto repair business. All of the existing open areas are paved parking. d. Fencing/ Screening / Landscaping: Currently, there is existing fencing on the north and west property lines. Proposed changes include adding privacy slats to the existing chain link, and install gates at the entrances to the parking areas. Any new gates will be required to meet the required front setback if taller than 4 feet. A landscape plan will need to be submitted and approved by the Parks Department for the landscaped boulevard which currently has no landscaping, as the boulevard is bare/dead grass. Landscaping within the boulevard would include planting new trees the minimum spacing and approved by the Parks Department. e. Signage: Specific plans for new signage have not yet been determined, although signs will need to be submitted to the Planning Department for review for compliance with the sign ordinance. Architectural review of the signs will be required for any signs over 50 square feet in size. f. Lighting_ Section 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. 3. Availability of Public Services/Facilities: a. Schools: This site is within the boundaries of School District #5. No impact is anticipated with the proposed use. b. Parks and Recreation: There will be no significant increase in demand on the parks and recreation programs and facilities as a result of this commercial use. 3 C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. There are existing fire hydrants to the north and south of the building within 2nd Avenue East. The building currently does not have a fire sprinkler system and sprinklers would not be required under the building and fire codes because there is not a change of use pursuant to those codes. e. Water: City water currently serves the property and there is sufficient capacity within this water main to serve the proposed use. No significant change in the impact on water services is anticipated as a result of this use. f. Sewer: Sewer service is currently provided by the city. There is sufficient capacity to maintain this use and no significant change in the impact on sewer service is anticipated as a result of this use. g. Storm Water Drainage: No onsite improvements would be required as the building is existing and no additional impervious surfaces are being proposed. h. Solid Waste: Solid waste pick-up is provided by a private provider. No changes are proposed from the previous business that was operating onsite. i. Streets: The primary street frontage and access is 2nd Avenue East, located on the east side of the property. There is also an improved alleyway located at the west end of the property. j. Sidewalks: The sidewalk along the northern half of the property frontage is in poor shape and needs replaced. As a condition of approval staff recommends the sidewalk in this section be replaced, at which time the owner could use the 50/50 sidewalk replacement program. 4. Neighborhood impacts: The site is located in a well -established commercial area and has historically operated as a repair and maintenance building for Century Tel. Additional uses in the vicinity include auto repair, restaurant, office and single-family. Its impact on neighboring properties would be minimal, as the property has historically been used as a similar use and the auto repair will be occurring indoors. It should be noted that a distinct difference between the Century Tel maintenance/repair use and the proposed auto repair is the public factor. Century Tel, although providing similar repair services within the building, did not have the public visiting the building. Although the public will be visiting the building, there is adequate parking onsite to minimize the impact of the additional traffic that will be created by the proposed use. The use is consistent with other uses in the area, which include auto repair, offices, restaurants, and other similar businesses. 4 5. Consideration of historical use patterns and recent changes: The site is located in a well -established commercial area and has historically operated as a repair and maintenance building for Century Tel. 6. Effects on property values: No significant negative impacts on property values are anticipated. RECOMMENDATION The staff recommends that the planning board adopt staff report #KCU-17-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: Conditions- 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. Outside storage of auto parts or partially or completely dismantled vehicles is prohibited. 3. Vehicles being repaired shall not be stored within the public right-of-ways. 4. Auto repair shall not occur outside of the enclosed building. 5. A landscape plan for the landscape boulevard adjacent 2nd Avenue East shall be submitted and approved by the Parks and Recreation Director. The landscaped boulevard improvements can be bonded for; however, shall be installed prior to September 1, 2017. 6. The sidewalks along the norther half of the property shall be replaced. The sidewalk improvements shall be approved by the Public Works Director. The sidewalk improvements can be bonded for; however, shall be installed prior to September 1, 2017. 5 Planning Department 201 151 Avenue East 0 Kalispell, MT 59901 W o Phone: (406) 758-7940 _> `" Fax: (406) 758-7739 LU www.kafispell.com/plEinning U { w cr APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Ao-amide AiAr <fz, c '%Zcai R.. OWNER(S) OF RECORD: Name: I�Fl .sd .�i f, 4 4. Mailing Address: _.. r'L[[7(- Ai% _ City/State/Zip: 1�4LI,5:F641- M 1— 5 —L7o Phone: PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: {.AR6-r *Q kzm&�W Mailing Address: E City/State/Zip: kAU5A<- .L /y fj % Phone: �Z-5 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Address:,;�w -2Ai _A�1E C No. ship _ Subdivision Tract Lot Name: No(s). No(s) Range No. Zoning District and Zoning Classification in which use is proposed: 5L/ Block 3 No. 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. P 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). 1 hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and develop t proces . ANpri-c`ant Signature Date 2 Per Line 2 of the Application For Conditional Use Permit: A.) Surrounding land uses. The land surrounding the property is commercial, and used for various business activities. There are several rental homes nearby. B.) Dimensions and shape of the lot. The lot is square in shape. See attached images for size. C.) Topographic features of lot. Aside from the single structure, the lot is flat and paved in its entirety. D.) Size and location of existing buildings. See attached images. E.) Size and location of proposed structures. No proposed structures. F.) Existing use of structures and open areas. The existing structure is used to store and maintain motor vehicles. It has been used in this manner for over 20 years. The open areas, being paved, have been used for parking. G.) Proposed use of structures and open areas. No change proposed. H.) Existing and proposed landscaping and fencing. Currently there is no landscaping. The boulevard is bare/dead grass. The lot is surrounded on 3 side with fencing (chain -link and vinyl). The proposed changes include installing new sod and planting trees in the boulevard in accordance with City code. Per Lime 3 of the Application For Conditional Use Permit: A.) Traffic flow and control. No changes proposed. B.) Access to and circulation within the property. No changes proposed. C.) Off-street parking and loading. No changes proposed. Lot has existing parking clearly designated. D.) Refuse and service areas. No changes proposed. E.) Utilities. No changes proposed. F.) Screening and buffering. Currently there is an 8' privacy fence on the north end of the lot. The west end has chain -link fencing. Proposed changes are to add privacy slats to the existing chain -link, and install gates at the entrances to the parking areas. (see attached images) G.) Signs, yards and other open spaces. A separate permit will be sought for signage on the building. No other signage is planned at this time. H.) Height, bulk and location of structures. See attached images. I.) Location of proposed open space uses. No changes proposed. J.) Hours and manner of operation. Business hours are Monday through Friday, gam-5:30pm. Saturday may be by appointment, and will be the same hours. K.) Noise, light, dust, odors, fumes, vibration. The building is located well enough away from other occupied structures so as to not cause an issue with noise. The building is also well insulated, thus reducing any internal noises. No work is performed outside of the building at any time. Exterior sign will be lit in accordance with City and State regulations, and will be done via separate permit. The parking lot has existing 'street lights' that were recently upgraded by Flathead Electric. No other external lighting is planned at this time. This business does not create dust. Odors and fumes are produced through the normal operation of a vehicle running (exhaust), and poses no extraordinary odors or fumes. No equipment or process in the business creates any appreciable vibration. ri 00, 4 I W l¢ w t son !. }� W'Lr • 9T 1L�IBM N<� M f TAY� � �:: � .� «�<<l�l�l�lflllltE�1� N--M 16 1 4 Northwest Automotive CUP, KCU-17-01 NORTH 20 2nd Ave East, Kalispell Lot 2 & LoS003715 =Subject Property + ,150ft. Mailing List -AL , v 0 �.` �I 1�.7SA �j IL ST y l� •� `+# �• ' � � . ate`° i ST ST E' STD_,�4. Kalispell Planning Dept. Date: March 24th, 2017 0 225 450 File Path: I\mailings\2017\Northwest i Feet Northwest Automotive CUP, KCU-17-01 NORTH 20 2nd Ave East, Kalispell Lot 2 & LoS003715 =Subject Property + ,150ft. Mailing List -AL , v 0 �.` �I 1�.7SA �j IL ST y l� •� `+# �• ' � � . ate`° i ST ST E' STD_,�4. Kalispell Planning Dept. Date: March 24th, 2017 0 225 450 File Path: I\mailings\2017\Northwest i Feet