I2. SA Properties CUPPLANNING FOR THE FUTURE
MONT"A
REPORT TO: Doug Russell, City Manager � R,
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KCU-18-01 — Conditional Use Permit (CUP) request for HVAC business
MEETING DATE: June 4, 2018
BACKGROUND: A request from SA Properties, LLC for a conditional use permit for a heating,
ventilation and air conditioning (HVAC) business within the B-3 Zoning District. HVAC businesses
are permitted within the B-3 Zoning District provided a conditional use permit is obtained per
27.14A.030 of the Kalispell Zoning Ordinance. The HVAC business will operate within the front half
of the building located along Center Street and will include an outdoor fenced storage area and
parking. The application was reviewed in accordance with Section 27.33.080 of the Kalispell Zoning
Ordinance.
The property is located at 707 W. Center Street and can be legally described as Tract 1 of Certificate
of Survey #12972 in SE4 SW4 of Section 7 and NE4 NW4 of Section 18, Township 28N, Range
21 W, P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing May 8, 2018, to consider the
application request. Staff presented staff report KCU-18-01 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 ten (10) conditions.
During the public comment portion of the hearing, two citizens questioned whether the proposed use
was compatible with the vision of the Core Area. The applicant spoke out in support of the request
stating his intentions for the property and noting that HVAC is not his long-term vision for the
property. There being no public testimony, the public hearing was closed and a motion was presented
to adopt staff report KCU-18-01 as findings of fact, and recommend to the Kalispell City Council that
the CUP be approved, subject to ten (10) conditions. Board discussion concluded that the request was
appropriate, and the motion passed unanimously upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from
SA Properties, LLC for Conditional Use Permit KCU-18-01, a conditional use permit for a HVAC
business with ten (10) conditions of approval within the B-3 Zoning District, located at 707 West
Center Street.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Grant of Conditional Use Letter
May 8, 2018, Kalispell Planning Board and Application Materials
Staff Report
Application Materials & Maps
Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: SA Properties, LLC
755 North Main Street
Kalispell, MT 59901
LEGAL DESCRIPTION: Tract I of Certificate of Survey # 12972 in the southeast quarter of the
southwest quarter of Section 7 and the northeast quarter of the
northwest quarter of Section 18, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
ZONE: B-3, Core Area Business
The applicant has applied to the City of Kalispell for a conditional use permit to allow a
heating, ventilation and air conditioning (HVAC) business within the B-3 zone. HVAC businesses
are allowed in the B-3 zone as a conditionally permitted use.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
May 8, 2018, held a public hearing on the application, took public comment and recommended that
the application be approved subject to 10 conditions.
After reviewing the application, the record, the Kalispell Planning Department 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-18-
01 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow a heating, ventilation and air conditioning (HVAC) business within
the B-3 zoning district subject to the following 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. A view obscuring fence shall be constructed around the HVAC storage area. The fence shall
be approved by the Architectural Review Committee prior to installation.
3. Outside storage of materials shall not exceed the height of the view obscuring fence.
Vehicles, box trucks, fork lifts, etc. parked within the storage area are exempt from this
requirement.
4. HVAC repair shall not occur outside of the enclosed building.
5. Center Street shall be upgraded to an urban standard in accordance with the City of Kalispell
Construction and Design Standards the length of the property. Upgrades include sidewalks,
curb and gutter, street trees and boulevard adjacent the applicant's property.
6. Architectural renderings are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit for exterior
improvements.
7. To ensure the property is fully landscaped and is compatible with the surrounding
neighborhood, a landscape plan shall be submitted along with the building permit. The
landscape plan shall be in substantial compliance with the submitted renderings and
approved by the Parks and Recreation Director prior to issuance of the building permit.
8. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, the development shall receive Site Review Committee approval prior to issuance
of the building permit.
9. Parking areas and driveway shall be improved in accordance with Section 27.24 of the
Kalispell Zoning Ordinance including paving, landscaping, striping and setbacks.
10. Signage shall be installed in accordance with Section 27.22 of the Kalispell Zoning
Ordinance.
Dated this 4th day of June, 2018.
Mark Johnson
Mayor
STATE OF MONTANA
ss
County of Flathead
On this day of , 2018 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
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
May 8, 2018
CALL TO ORDER AND ROLL CALL
The regular meeting of the Kalispell City Planning Board and Zoning
Commission was called to order at 6:00 p.m. Board members present were:
Chad Graham, George Giavasis, Rory Young, Kurt Vomfell, and Joshua.
Borgardt. Doug Kaufmann & Ronalee Skees were absent. Tom Jentz, Jarod
Nygren and PJ Sorensen represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Giavasis moved and Young seconded a motion to approve the minutes of the
April 10, 2018 meeting of the Kalispell City Planning Board and Zoning
Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
PUBLIC COMMENT
None.
BOARD MEMBER SEATED
Young recused himself from the School District 5 agency exemptions because
he is one of the representatives for the applicant.
AGENCY EXEMPTIONS —
Under Section 76-2-402, MCA, an entity of state or local government can
SCHOOL DISTRICT 5
declare itself exempt from some or all of the provisions of local zoning
regulations. Once an agency makes that declaration, the City is responsible for
receiving comments on the project. The City typically sends out a public notice
like it does in any other application and sets a time to hold a meeting that
provides a public forum. Neither the Board nor the City make any decision
or recommendation and there is no further action taken or required at or
after the meeting. The meeting is for the sole purpose of hearing public
comment on the matter. Those comments are provided to the School District
for them to consider, but they are not under any legal obligation to take any
further steps.
In this situation, School District 5 has submitted agency exemptions for seven
(7) projects:
Linderman School — 124 3rd Avenue East. The plan includes interior
remodeling to create more classroom space.
Edgerton School — 1400 Whitefish Stage Road. The plan includes a
first floor addition near the existing entry for additional office space.
Russell School — 227 West Nevada. The plan includes the addition of
a new gymnasium adjacent to the old gymnasium, and remodeling of
the existing gym space.
Hedges School — 827 4th Avenue East. The plan includes an addition
at the rear of the building and interior remodeling.
Peterson School — 1110 2nd Street West. The plan includes a new
gymnasium on the east end of the building and remodel work at the
existing entry.
Elrod School — 412 3rd Avenue West. The plan includes a new
gymnasium adjacent to the existing gymnasium, and interior
remodeling of the existing gym.
Flathead High School — 644 4th Avenue West. The plan includes the
addition of classrooms and gym space on the west side of the building.
Kalispell City Planning Board
Minutes of the meeting of May 8, 2018
Page I 1
STAFF REPORT
PJ Sorensen briefly covered what an agency exemption entails for the board and
how to proceed with discussion and public comment.
LINDERMAN SCHOOL — PUBLIC
Rory Young — Jackola Engineering, 2250 Hwy 93 S — representing applicant;
COMMENT
reviewed project briefly for the board and offered to answer any questions.
EDGERTON SCHOOL — PUBLIC
David Mitchel — CTA, 2 Main St, Ste. 205 — representing applicant; reviewed
COMMENT
project briefly for the board and offered to answer any questions.
RUSSELL SCHOOL — PUBLIC
David Mitchel — CTA, 2 Main St, Ste. 205 — representing applicant; reviewed
COMMENT
project briefly for the board and offered to answer any questions.
HEDGES SCHOOL — PUBLIC
David Mitchel — CTA, 2 Main St, Ste. 205 — representing applicant; reviewed
COMMENT
project briefly for the board and offered to answer any questions.
PETERSON SCHOOL — PUBLIC
David Mitchel — CTA, 2 Main St, Ste. 205 — representing applicant; reviewed
COMMENT
project briefly for the board and offered to answer any questions.
ELROD SCHOOL — PUBLIC
David Mitchel — CTA, 2 Main St, Ste. 205 — representing applicant; reviewed
COMMENT
project briefly for the board and offered to answer any questions.
FLATHEAD HIGH SCHOOL —
Eric Enz — Axiam Builders, PO Box 8615 — representing applicant; reviewed
PUBLIC COMMENT
project briefly for the board and offered to answer any questions.
BOARD PRESIDENT CLOSED
Chad Graham closed public hearing.
HEARING
BOARD MEMBER SEATED
Young returned to his seat.
WATERS CUP
A request from SA Properties, LLC for a conditional use permit for a heating,
ventilation and air conditioning (HVAC) business within the B-3 Zoning
District. HVAC businesses are permitted within the B-3 Zoning District
provided a conditional use permit is obtained per 27.14A.030 of the Kalispell
Zoning Ordinance.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department reviewed Staff
Report #KCU-18-01.
Nygren went over the project including the zoning, existing land uses and
conditions of approval. Staff recommends that the Kalispell City Planning Board
adopt staff report #KCU-18-01 as findings of fact and recommend to the Kalispell
City Council that the conditional use permit be approved subject to the conditions
listed in the staff report.
BOARD DISCUSSION
Vomfell asked about type of fencing applicant would be using. Nygren
responded that it will be decided once it goes through architectural review.
Giavasis questioned staff on how they feel it fits into the vision for this area as it
redevelops with the trail, etc. Nygren advised that with the improvements the
owner will be making and with the conditions in the staff report that it will be
compatible and a significant improvement over what is there currently..
PUBLIC HEARING
Mike Merchant — 288 4th Ave EN; is concerned with what Center St will look
like as the city develops the trails and whether or not it is a good fit.
Jeremy Waters — 17 Trillium Way — applicant; commented that he bought this
property because they are excited for the new trail and wanted to come in and be
a part of the vision the city has planned for the area. He feels this is just a
stepping stone right now and that they want to continue with the city's proposed
planning.
Kalispell City Planning Board
Minutes of the meeting of May 8, 2018
Page 12
Mike Brodie — 816 1st Ave W; does not feel this would not be a good fit for the
future of the area.
MOTION
Vomfell moved and Young seconded a motion that the Kalispell City Planning
Board and Zoning Commission adopt Staff Report #KCU-18-01 as findings of
fact and recommend to the Kalispell City Council that the conditional use permit
be approved.
BOARD DISCUSSION
Giavasis feels the after listening to what the applicant has in mind for this
property and that he is excited to move forward with the city's vision he is more
comfortable with the use requested. Jentz added that we are in a slow transition
and this is a part of the process, land owners coming in and improving the
properties and grasping the city's vision early on.
ROLL CALL
The motion passed unanimously on a roll call vote.
MEADOWS EDGE — ANNEXATION,
Meadows Edge, LLC is requesting permission to annex a 112-acre property into
PUD AND PRELIMINARY PLAT
the city. Upon annexation the applicant is requesting a R-3 and B-1 Zones with
a Residential Mixed Use Planned Unit Development (PUD) zoning overlay and
major subdivision approval for a 92-lot residential subdivision on 22-acres. The
development will consist of 5.7-acres of mixed commercial use at the
intersection of Three Mile Drive and W. Springcreek, 171 single-family units,
50 two-family units, 21 three-family units and 80 four -family units for a total of
322 dwelling units, parkland, open space and wetland conservation. The
property is undeveloped tract land located at the northwest corner of the
intersection of Three Mile Drive and W. Springcreek/Farm to Market.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department reviewed Staff
Report #KA-18-04, KPUD-18-02 & KPP-18-05.
Nygren presented the proposed project including the zoning, growth policy,
conditions and layout. Staff recommends that the Kalispell City Planning Board
adopt staff reports #KA-18-04, KPUD-18-02 & KPP-18-05 as findings of fact
and recommend to the Kalispell City Council that the annexation, planned unit
development and preliminary plat be approved subject to the conditions in the
staff report.
BOARD DISCUSSION
Graham asked if the land to the west is owned by the same people. Nygren
advised no, there are 2 separate landowners to the west. Graham also asked if
the city is allowed to collect impact fees from schools. Nygren responded no,
state law prohibits it. Vomfell asked whether there was regulated low income
for this development. Nygren advised that the owners will sale at market price,
there will be no income requirements to live in the subdivision; however,
Nygren noted that the developer intends to have residences that meet a lower
income threshold which is why the development includes two, three, and four
family attached units. Borgardt asked staff to speak in regards to the 14 acres of
wetlands located at the north of the property. Nygren advised it will remain
wetlands and that there is an additional 10011 setback adjacent the wetland.
Jentz went on to say that the wetlands will provide a corridor for the wild life
and provides valuable habitat for them.
PUBLIC HEARING
Bruce Lutz — WGM, 431 1st Ave W — representing applicant; went over the
vision of the subdivision and what the owners are developing. They want to
create a diverse area. Offered to answer any questions the board may have.
Jason McDonald — 1088 N Meridian — project manager; addressed the question
in regards to affordable housing. They are trying to create a place that multiple
people can afford which is why they are offering more than just single family
residences. Also advised that the owners are being very careful not to disturb
Kalispell City Planning Board
Minutes of the meeting of May 8, 2018
Page 13
the wetlands and to keep a place for the wildlife to live and pass through.
Kristen Heck — 985 Three Mile Dr; spoke to the board about the agreements that
they and the owners have made in regards to protecting their farmland around
the subdivision. They are satisfied with the agreement and although they will be
sad to see the wildlife move on and the open land go away but they understand
that growth is necessary.
MOTION
Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning
ANNEXATION (KA-18-04)
Board and Zoning Commission adopt Staff Report #KA-18-04 as findings of fact
and recommend to the Kalispell City Council that the property be annexed and
the initial zoning for this property upon annexation be R-3/PUD and B-1/PUD.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION
Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning
PUD (KPUD-18-02)
Board and Zoning Commission adopt staff report #KPUD-18-02 as findings of
fact and recommend to the Kalispell City Council that the PUD for Meadows
Edge be approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
MOTION
Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning
PRELIMINARY PLAT (KPP-18-02)
Board and Zoning Commission adopt staff report KPP-18-05 as findings of fact
and recommend to the Kalispell City Council that the preliminary plat for
Meadows Edge be approved, subject to the conditions listed in the staff report.
BOARD DISCUSSION
Giavasis
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
Nygren briefed the planning board about the City Council meeting held on May
7. Jentz provided update on the Glacier Rail Park and Kalispell Trail.
NEW BUSINESS
Graham introduced new board member Joshua. Borgardt.
ADJOURNMENT
The meeting was adjourned at approximately 7:40pm.
NEXT MEETING
The next meeting of the Kalispell Planning Board will be held on Tuesday, June
12, 2018 at 6:00 p.m. and located in the Kalispell City Council Chambers, 201
1"Ave East.
Chad Graham
President
APPROVED as submitted/amended:
Kari Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of May 8, 2018
Page 14
WATERS REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-18-01
April 30, 2018
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 HVAC business within the B-3 Zoning
District. A public hearing on this matter has been scheduled before the planning board
for May 8, 2018, 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: SA Properties, LLC
755 N. Main Street
Kalispell, MT 59901
Summary of Request: A request from SA Properties, LLC for a conditional use permit
for a heating, ventilation and air conditioning (HVAC) business within the B-3 Zoning
District. HVAC businesses are permitted within the B-3 Zoning District provided a
conditional use permit is obtained per 27.14A.030 of the Kalispell Zoning Ordinance.
The proposed business will operate within an existing building that is currently
operating as an auto repair business. The HVAC operation will operate within the front
half of the building located along Center Street and will include an outdoor fenced
storage area and parking. The building is also used for storage of paper for the
Flathead Beacon and operates as an indoor recreation facility for Serious Ju Ju in the
rear portion of the building. Those two uses are permitted uses within the B-3 Zone
and are not subject to this conditional use permit request. The application will be
reviewed in accordance with Section 27.33.080 of the Kalispell Zoning Ordinance.
Location: The property is located at 707 W. Center Street and can be legally described
as Tract 1 of Certificate of Survey # 12972 in SE4 SW4 of Section 7 and NE4 NW4 of
Section 18, Township 28N, Range 21W, P.M.,M., Flathead County, Montana.
Size: The subject property is .66 acres in size.
Existing Land Use and Zoning: The site is zoned B-3 (Core Area Business) and
contains a commercial building that has recently operated as auto repair and
historically operated as a freight depot and warehouse for a moving company.
Adjacent Land Uses: Surrounding land uses consist of the following:
West: ATV repair, commercial office
North: Railroad Tracks
East: Cardinal Hardware
South: Center Street and Cardinal Hardware
Adjacent Zoning: The existing zoning surrounding the subject property are as follows:
West:
B-3
North:
B-3
East:
B-3
South:
B-3
Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the
project site as commercial, which provides the basis for the B-3 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 HVAC 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 .66-acres in size
and has flat topography making the entire site useable. There is an existing
building onsite with a gravel area to the west that will be improved to
provide parking for the HVAC business.
b. Adequate Access: The property fronts Center Street, an improved arterial
providing adequate access to the site.
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
building that was previously used for auto repair. There are no additions
2
proposed and all the improvements will be either inside the existing building
or faQade improvements.
2. Appropriate Design:
a. Parking Scheme/Loading Areas: There are no existing parking areas onsite
that meet the city parking standards; however, the gravel area to the west of
the building will be improved to meet city requirements for parking. The site
plan shows the general area where parking will be provided. There is
adequate space onsite to provide for the required parking for the uses within
the building. Parking will be provided for as outlined in Chapter 27.24 of the
Kalispell Zoning Ordinance.
b. Traffic Circulation: The property will gain access off Center Street, an
improved arterial roadway. Additionally, all parking area will be required to
comply with the City of Kalispell off-street parking design standards, which
provided for adequate circulation within an improved parking area.
C. Open Space: The building is existing and no additional open space would be
required for the HVAC business.
d. Fencing/Screening/Landscaping: To ensure the property is fully landscaped
and is compatible with the surrounding neighborhood, a landscape plan for
the entire site, including the landscaped boulevard shall be submitted along
with the building permit. The landscape plan shall be approved by the Parks
and Recreation Department prior to issuance of the building permit.
The site plan shows a fenced storage area that will be used by the HVAC
business. Due to the subject property being within a redevelopment area
that will include a mix of uses, including residential, staff recommends that
the fenced area is screened from neighboring properties. The fenced area will
likely consist of sheet metal, ducting, etc., commonly used for HVAC
installation and repair. Those materials could become visual blight if not
screened appropriately from neighboring properties. Accordingly, staff is
recommending a condition that the fence design for the storage area be view
obscuring and reviewed by the Architectural Review Committee prior to
installation. Staff also recommends a condition that the outside storage of
materials shall not exceed the height of the fence. Fence height is limited to
6.5 feet when constructed within a setback area, as shown on the submitted
site plan.
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
3
all outdoor lighting on commercial 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.
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. No unusual impacts or needs are anticipated from the
proposed use.
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: Storm water runoff from the site shall be managed
and constructed per the City of Kalispell Construction and Design
Standards.
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 Center Street, located on
the south side of the property.
j . Sidewalks: No sidewalks exist along Center Street in front of the property.
Sidewalks will be required to be constructed per the City of Kalispell
Construction and Design Standards along U.S. 2 the length of the property.
The standard includes curb, gutter, landscaped boulevard and street trees.
4. Neighborhood impacts: The site is located in a well -established commercial area
and has historically operated as a multitude of commercial and industrial uses
over the years. Additional uses in the vicinity include ATV repair and hardware
store. Its impact on neighboring properties would be minimal, as the property has
historically been used as a similar use and the HVAC repair will be occurring
indoors and during normal business hours. The conditions of approval mitigate
the impacts associated with future development of the area, which will likely
4
include some component of residential development. No unusual noise, dust, glare
or heat is anticipated, except for during construction improvements of the
property.
5. Consideration of historical use patterns and recent changes: The site is
located in a well -established commercial area and has historically operated as
various commercial uses. The conditions of approval mitigate the impacts
associated with future development of the area, which will likely include some
component of residential development.
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-18-01 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. A view obscuring fence shall be constructed around the HVAC storage area. The
fence shall be approved by the Architectural Review Committee prior to
installation.
3. Outside storage of materials shall not exceed the height of the view obscuring
fence. Vehicles, box trucks, fork lifts, etc. parked within the storage area are
exempt from this requirement.
4. HVAC repair shall not occur outside of the enclosed building.
5. Center Street shall be upgraded to an urban standard in accordance with the
City of Kalispell Construction and Design Standards the length of the property.
Upgrades include sidewalks, curb and gutter, street trees and boulevard
adjacent the applicant's property.
6. Architectural renderings are required to be submitted to the Kalispell
Architectural Review Committee for review and approval prior to issuance of a
building permit for exterior improvements.
7. To ensure the property is fully landscaped and is compatible with the surrounding
neighborhood, a landscape plan shall be submitted along with the building permit.
5
The landscape plan shall be in substantial compliance with the submitted
renderings and approved by the Parks and Recreation Director prior to issuance of
the building permit.
8. To ensure the traffic flow and access comply with Kalispell Design and
Construction Standards, the development shall receive Site Review Committee
approval prior to issuance of the building permit.
9. Parking areas and driveway shall be improved in accordance with Section 27.24 of
the Kalispell Zoning Ordinance including paving, landscaping, stripping and
setbacks.
10. Signage shall be installed in accordance with Section 27.22 of the Kalispell Zoning
Ordinance.
A
A
NORTH
Waters
KCU-18-01
Kalispell
Subject Property
=215ft- Mailing List
Conditional Use
Date: 4-24-2018
Kalispell Planning Dept.
FiIePath:I\jarod\KCU-1
8-01
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Feet
PLANNING FOR THE FUFURE
MONTANA
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalist)eU.com/ planning
APPLICATION FOR CONDITIONAL USE PERMIT RECEIVED
PROPOSED USE: � � PC, taAn A 2 M10
OWNER(S) OF RECORD:
Name:
Mailing Address:
City/ State/Zip: 4---ktSt1 �_`%l� Phone:
KAI.IS UL K WNING DFAMEW
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: -2-;(
Mailing Address:
City/ State/Zip:
&OLQ- "}e--�
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range + .�
Address: � D� No.ship _� No.W
Subdivision
Name:
Tract Lot Block
No(s). No(s). No.
Zoning District and Zoning Classification in which use is proposed:
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
C. 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.
a
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.
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, 1 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
development process.
Applicant ignature Date
1
Universal Mechanical Application for Conditional Use Permit
A. Traffic flow and Control- We plan to pave parking spaces in front of the building (see map) and a
compliance ADA parking space. Traffic will be able to enter from street, park and have plenty of
space to turn around. Our traffic will not have to back out in to center street.
B. Access to and circulation within the property- Our employees would enter from the driveway off
of center street. We have a plan for ample parking and a large gated storage area for our work
vans.
C. Off-street parking and loading- We are providing a paved parking area for employee vehicles
and customers. Loading will all be done in our securely gated area on the west side of the
building.
D. Refuse and service area- We have large waste management containers that are emptied once a
week. Any service work will be done either in the shop or in the gated storage area.
E. Utilities- No changes should be made. lust use of gas, electric and phone.
F. Screening and Buffering- We will be improving the parking lot, public right a way and visually
improving esthetics with landscape.
G. Signs, yards and other open spaces- We will remodel to front of the building to be esthetically
pleasing with a large sign advertising our business. We plan to landscape the front to exceed
H. Height, bulls and location of structure- We do not have any current plans to change any of the
height, bulk or structure of the building.
I. Location of proposed open space uses- N/A
J. Hours and manner of operation- We are open Monday -Friday from 8am-5pm. Our employees
come to work in their own vehicles, load up their work vans and leave for the day. We have an
employee in the shop bending sheet metal during most of the day.
K. Noise, light, dust, odors, fumes and vibration- The only noise we generate is delivery of heavy
equipment. The light is just the overhead lights in the shop used to work. We don't create any
excess dust, odors or fumes. The only vibration would be from the occasional banging of sheet
metal.
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"This plat is provided solely for
the purpose of assisting in
locating the lard, and the Company
assumes no flab isty for vaftdons, if
any, with actual survey."
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