H6. CUP Northwest AutoPLANNING FOR THE FUTURE
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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
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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
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Kalispell, MT 59901
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Phone: (406) 758-7940
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Fax: (406) 758-7739
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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.
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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.
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Northwest Automotive CUP, KCU-17-01
NORTH 20 2nd Ave East, Kalispell Lot 2 & LoS003715
=Subject Property
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Date: March 24th, 2017 0 225 450
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Northwest Automotive CUP, KCU-17-01
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Date: March 24th, 2017 0 225 450
File Path: I\mailings\2017\Northwest i Feet