Staff Memo/Signage UpdatePLANNING FOR THE FUTURE
.MONTANA
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director
Myrt Webb, Interim City Manager
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT Conditional Use Permit to operate a casino in conjunction with a bar
and restaurant - Tabled from April 6, 2009 meeting
MEETING DATE: April 20, 2009
BACKGROUND: The Kalispell City Council, at the April 6, 2009 city council meeting
moved to table approval of the conditional use permit for Premier Restaurants, LLC and
the amendment to allow the word "Casino' to be placed on the free standing sign as shown
on the site plan.
The developers propose to tear down the existing building where Sawbucks restaurant, bar
and casino is located at 1301 South Main Street and construct a new building to also
house a restaurant, bar and casino called the Montana Club. Under the B-2 zoning
district, bars and restaurants are permitted uses. However, operating a casino requires a
conditional use permit.
The Planning Board met on March 10+h and held a public hearing to consider a request
from Premier Restaurants, LLC to operate a casino in conjunction with a bar and
restaurant in the B-2 (General Business) zoning district. Based on the staff report and
public comment, the planning board unanimously recommended approval of the request
with a condition that the term casino be limited to just the south facing entrance of the
building.
After the planning board meeting the planning staff was contacted by Jeff Maphis,
architect for the Montana Club and stated that the owners would like the council to
consider their request to allow the word casino on the pylon sign as well as on the building
above the south facing entrance. This request was presented to the Council at the April 6
meeting by Mr. Maphis. The council requested to see what the actual signage would look
like above the south facing entrance before they were willing to act on the conditional use
permit request.
The applicants have now provided renderings and actual photos of an existing Montana
Club sign package for council review as requested. They are provided in Attachment A to
this memo. This sign package as presented by the applicants does comply with the
general Kalispell Sign Code in terms of size and location. However, Section 27.35.110 of
the Kalispell Zoning Ordinance provides extra guidance and criteria in approving a
conditional use permit for a casino including the option of limiting or prohibiting signage
specifically referring to the term "casino' as well as the use of associated terms or
symbols. Therefore, the council does have discretion to approve or modify the requested
use of "casino' in the Montana Club signage.
RECOMMENDATIONS: The council should move to remove approval of the conditional
use permit for Premier Restaurants, LLC from the table along with the amendment to
allow the word "Casino' on the free standing sign as shown on the site plan.
Once the council determines the appropriateness of the casino signage above the south
facing entrance, the council should move to approve the requested conditional use permit.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Tom Jentz
Director
Report compiled: April 14, 2009
c: Theresa White, Kalispell City Clerk
4�Webb
Interim City Manager
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: Premier Restaurants, LLC
PO Box 219
Missoula, MT 59806
LEGAL DESCRIPTION: Tracts 5E, 5ED and 5EDA within Section 17, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana
ZONE: General Business, B-2
The applicant has applied to the City of Kalispell for a conditional use permit to operate a
casino in conjunction with a bar and restaurant in the B-2 (General Business) district. The B-2
zoning district conditionally permits casinos, but because it will be located within 300 feet of a
residential zoning district, additional criteria apply.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
March 10, 2009, held a public hearing on the application, took public comment and recommended
that the application be approved subject to certain 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-09-4 as the Council's findings
of fact, and issues and grants to the above -described real property a conditional use permit to operate
a casino in conjunction with a bar and restaurant in the B-2 zoning district subject to the following
conditions:
Development of the site shall substantially comply with the site plan, elevations and
floor plan submitted with the application.
2. Casino advertising shall be restricted to one sign on the south facing wall of the
building and subject to the following limitations:
• No terms such as gaming, gambling, cards, dice, chance, etc.
• Any reference to any associated activity, or any symbols or words commonly
associated with gaming, is prohibited.
• Other than the word casino, no other words, terms, figures, art work, or
features intended or designed to attract attention to the fact than a casino is on
site.
• No neon lighting.
3. Commencement of the approved activity must begin within 18 months from the date
of authorization or a continuous good faith effort is made to bring the project to
completion.
Dated this 20th day of April, 2009.
STATE OF MONTANA
: ss
County of Flathead
Pamela B. Kennedy
Mayor
On this day of , 2009 before me, a Notary Public, personally
appeared Pamela B. Kennedy, 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 she 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
Printed Name:
Residing at Kalispell, Montana
My Commission Expires
Attachment A
Montana Club Signage Package
1. Upper left free Standing sign to be placed out on R/W adjacent to US 93. This sign
was approved by the Planning board with the term "Casino" located in the lower
corner of the sign.
2. Upper right sign to be placed over the front door entrance facing US 93 (west side).
3. Lower left sign is to be placed over the south facing entrance door. This sign would
announce "Casino" over the entrance door to the Casino and would face south
toward the convenience store.
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PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Clark moved and Hinchey seconded a motion to adopt staff
report #KCU-09-03 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be
approved subject to the 3 conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
PREMIER RESTAURANTS,
A request by Premier Restaurants, LLC for a Conditional
LLC - CONDITIONAL USE
Use Permit (CUP) to operate a casino in conjunction with a
PERMIT - RESTAURANT,
bar and restaurant in the B-2 (General Business) zoning
BAR & CASINO
district called the Montana Club. The developers intend to
tear down the existing building where Sawbucks restaurant,
bar and casino has operated for approximately 14 years.
Williamson recused himself from this discussion since his
firm is working on this project.
STAFF REPORT KCU-09-04
Sean Conrad, representing the Kalispell Planning
Department reviewed staff report KCU-09-04 for the board.
Conrad noted this conditional use permit is located on 13th
Street East and South Main Street, the current location of
the Sawbucks restaurant, bar and casino. The future
property owners, Premiere Restaurants LLC plan to demolish
the existing building and in doing so they would extinguish
the existing casino operation. Under section 27.25.060 of the
city's zoning ordinance it states once the building or use is
willfully removed the building or use is then subject to all
applicable regulations of the zoning ordinance. The
restaurant and bar is permitted in the B-2 zoning however,
the casino use goes away. The property owner/developer is
therefore coming back and seeking the conditional use
permit (CUP) to operate a casino at this site. Under the B-2
zoning casinos require a conditional use permit.
Conrad reviewed the existing site and the surrounding
properties for the board. He indicated since the property is
located within 300 feet of a residential district there are some
additional requirements that are reviewed under the CUP
which includes the casino cannot take up more than 10% of
the floor space of the proposed building, which has been met,
limiting signage, entrances - their locations and number, and
increasing landscaping between the casino and adjacent land
uses.
Conrad reviewed the proposed site plan, elevation drawings,
and floor plan for the board. Improvements will be made by
the developer to both 13th Street East and 1st Avenue East,
putting in boulevard, sidewalks and landscaping. The casino
Kalispell City Planning Board
Minutes of the meeting of March 10, 2009
Page 14 of 27
is located on the south end of the new building and would
face south to the existing gas station.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-09-04 as findings
of fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the 3
conditions listed in the staff report.
Conrad reviewed the conditions.
BOARD QUESTIONS Griffin asked if the neon lighting restriction was in the
ordinance and Conrad said it is not but it is one of the
provisions for the board to consider when a casino is located
within 300 feet of a residential district. Griffin clarified there
could be neon lighting on the building but not in conjunction
with the casino and Conrad said yes.
APPLICANT/ CONSULTANTS Jeff Maphis, 115 Ardimus, Missoula - JCM Architecture -
representing the Premiere Restaurants LLC, reviewed the
project for the board.
Maphis said they are bringing in a new family restaurant and
bar that has a very broad appeal to the citizens of the
existing sites in Missoula and Butte. They will be removing
and demolishing the old structure and they are not adding a
casino they are replacing one with a newer one. The primary
use of this facility is a family restaurant.
Maphis reviewed the elevation drawings for the board and
touched on some of the site design issues. The main points
are as follows:
The casino is located on the south portion of the lot
which is as far away from the residential area as this
site allows. The size of the casino falls under the 10%
of the gross square footage allowed under the CUP
requirements.
The site is surrounded with landscaping, on all 4 sides
and they have put a significant amount on the Main
Street side. The landscaped parking in the lot exceeds
the minimum requirements. The bulk of the parking is
on the north and south sides of the lot in order to
enhance the front of the building. On the back of the
lot, along 1st Avenue East is the service entry and they
plan to berm and screen that area to make it more
attractive.
They have agreed to provide the sidewalks and
boulevards on the south side of 13th Street East and
west side of 1 st Avenue East.
Kalispell City Planning Board
Minutes of the meeting of March 10, 2009
Page 15 of 27
• Maphis said they agree and will comply with the sign
ordinance issues, although they would like approval to
use the word casino, in small letters on their pylon
sign on Main Street.
Maphis said in conclusion they feel a new family restaurant
& bar would be a great asset to Kalispell. They have been
thoughtful and careful in designing it to respond to the
community and its needs, removing an old building in a
significant site along the city's entrance corridor and they
think this business will have a very positive impact on the
city.
Clark asked Jentz staff's feelings regarding their request for
having the word casino on the pylon sign? Jentz said that
would be up to the board to decide whether that would be
appropriate. Jentz said the sign regulations would allow a
15 foot tall sign with 60 square feet of signage area if
located right on the property line.
Griffin asked if this property would be affected by the
entrance corridor standards that were recently
recommended for adoption and Conrad said those
standards would not apply to this property because the
boundary for the standards end at Kelly Road and Highway
93.
PUBLIC HEARING I No one wished to speak and the hearing was closed.
MOTION Clark moved and Hinchey seconded a motion to adopt staff
report #KCU-09-04 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be
approved subject to the 3 conditions listed in the staff report.
BOARD DISCUSSION Schutt asked staff to refresh his memory regarding a similar
casino/sign issue with the Hilton Garden Inn. Jentz
responded the casino approval process was the same but
the Hilton was done as a PUD and allowed for the presence
of the casino because conditions could be placed on the
PUD to mitigate the impacts. The Hilton sign did not have
the word "casino" on their signage but the sign does have
the name of the casino "Silver Canyon" with a miner
prospecting for silver. Jentz said the board has the ability to
recommend the signage of the facility whether it would be to
allow casino on both the pylon sign and on the building or
just allow one. He added the Architectural Review
Committee will review any sign proposed at this location for
character and quality before it is approved.
Clark asked Maphis what their preference would be and
Maphis said the first choice would be on the building and a
small indication of casino on the main sign but if they could
only have one the owners would probably want that sign to
Kalispell City Planning Board
Minutes of the meeting of March 10, 2009
Page 16 of 27
be on the building where you enter the casino.
Clark said he doesn't have a problem with the word casino
in both places.
MOTION TO AMEND
Clark moved and Hinchey seconded a motion to allow the
CONDITION #2
word casino on both the pylon sign and the building.
BOARD DISCUSSION
Schutt said he does not have a problem with the condition
for signage as currently written with one sign on the
building.
MOTION WITHDRAWN
Clark withdrew the motion and the second concurred.
BOARD DISCUSSION
Griffin asked and Jentz said the applicant can still appeal to
the council to change the condition.
Clark said he thinks the architect has done a really fine job
and this project will be a real asset to the city by first
removing the existing building and the new building will be
extremely attractive.
Mendius asked Conrad if the highway necks down to 2
lanes at this location and Conrad said it is still 4 lanes until
13th Street. Mendius asked how many driveways does
Sawbucks currently have accessing the highway and
Conrad said 2 but they are unregulated and undefined and
he added on 13th Street their parking lot bleeds into the
street and can cause traffic hazards. Conrad said the
rebuilding will clean up the parking, designate the 2
entrances along the highway and contain the parking on
13th Street. Mendius said he has some concerns that if the
restaurant turns out to be really popular it might
exacerbate traffic access problems onto the highway and
perhaps an access onto 13th Street might be appropriate.
Conrad said the highway has been built to accommodate
the traffic that is associated with a business of this nature.
Further discussion was held regarding traffic circulation
around the site.
ROLL CALL - ORIGINAL
The motion passed unanimously on a roll call vote.
MOTION
Williamson was reseated.
HOCKADAY MUSEUM OF
A request by the Hockaday Museum Board of Directors for a
ART - ZONE CHANGE &
zone change from RA-3 (Residential Apartment/ Office) to P-
PLANNED UNIT
1 (Public) and a planned unit development (PUD) overlay
DEVELOPMENT FOR A
zoning district for the Hockaday Museum site and
FUTURE EXPANSION OF
properties immediately south of the museum. The zone
THE MUSEUM
change and PUD would allow for reduced building setbacks
needed for the museum to realize its future expansion
plans.
Kalispell City Planning Board
Minutes of the meeting of March 10, 2009
Page 17 of 27