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H1. KM Speakeasy CUPCITY OF KALISPELL Development Services Department 201 ls' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KCU-21-09 — KM Speakeasy Conditional Use Permit MEETING DATE: February 7, 2022 BACKGROUND: This application is a request from Bergen, LLC (KM Speakeasy) for a conditional use permit to allow an accessory casino within the B-4 (Central Business) zone. It is proposed to be located in a new bar within the basement of the KM Building, which is a large, historic downtown building. An accessory casino is one that is tied to a primary use such as the proposed new bar, is limited to 20% or less of the floor area for that use (in this case, the new proposed bar), and is shielded from view, both outside and inside the building. The property is located at 29 3rd Street East and can be described as Lots 1-12, Block 56 of the Kalispell Original Townsite, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on January 11, 2022, to consider the CUP request. Staff presented staff report KCU-21-09, providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Council that the request be granted subject to 5 listed conditions. No public comments were received at the meeting. The public hearing was closed, and a motion was presented to adopt staff report KCU-21-09 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the 5 conditions. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Bergen, LLC, for Conditional Use Permit KCU-21-09, a conditional use permit for an accessory casino, subject to 5 conditions of approval within the B-4 Zoning District, located at 29 3rd Street East and which can be described as Lots 1-12, Block 56 of the Kalispell Original Townsite, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Conditional Use Permit Letter January 11, 2022, Kalispell Planning Board Minutes Staff Report Application Materials and Maps c: Aimee Brunckhorst, Kalispell City Clerk Retum 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: Bergen, LLC 829 Highland Dr Whitefish, MT 59937 LEGAL DESCRIPTION: Lots 1-12, Block 56 of the Kalispell Original Townsite, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana ZONE: B-4, Central Business The applicant has applied to the City of Kalispell for a conditional use permit to allow an accessory casino within the B-4 (Central Business) zone. It is proposed to be located in a new bar in the basement of the KM Building at 29 3rd Street East. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on January 11, 2022, held a public hearing on the application, took public comment and recommended that the application be approved subject to five (5) 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-21- 09 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow an accessory casino in a new bar at 29 3rd Street East in the 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. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Prior to occupancy, the applicant shall apply for a building permit through the City of Kalispell Building Department to review the proposed addition and improvements. 4. The accessory casino area shall be separated from the bar area with a floor to ceiling wall and door that provide both a visual and noise barrier. 5. The following design elements on the exterior of the building as well as exterior signage are prohibited: (1) any terms such as gaming, gambling, cards, dice, chance, etc.; (2) any reference to any associated activity or any symbols or words commonly associated with gaming; (3) any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site; and (4) neon lighting. Dated this 7th day of February, 2022. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2022 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 JANUARY 11, 2022 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Chad Graham, Doug Kauffman, Rory Young, George Giavasis, Kurt Vomfell, Joshua Borgardt and Ronalee Skees. PJ Sorensen, Jarod Nygren and Rachel Ezell represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Giavasis moved and Vomfell seconded a motion to approve the minutes of the November 9, 2021, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KCU-21-09 A request from Bergen, LLC for a conditional use permit to allow an KM SPEAKEASY accessory casino within a proposed bar to be located in the basement of the KM Building located at 29 31d Street East. The property is located in the B-4 (Central Business) zone and can be described as Lots 1-12, Block 56 of the Kalispell Original Townsite, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-21-09. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-09 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 None. PUBLIC HEARING None. MOTION Kauffman moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21- 09 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 None. ROLL CALL Motion passed unanimously on a roll call vote. KCU-21-12 A request from Fortify Holdings, LLC, for a conditional use permit to FAIRBRIDGE INN allow the conversion of an existing hotel (Fairbridge Inn/Outlaw Convention Center) into a multi -family residential dwelling containing up to 250 studio units. The prqject will involve renovation of all rooms, Kalispell City Planning Board Minutes of the meeting of January 11, 2022 Page I 1 including upgrades to address building/fire code issues. Also included are site improvements to the parking area and upgraded recreational amenities. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-21-12. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-21-12 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 Young asked for clarification regarding the differences in hotel use and multi -family use. There are units currently be rented for 30 days at a time which is not typical of a hotel use. Young also asked how the convention area and restaurant fit into the CUP if the use is being changed to multi -family. Sorenson advised that those areas are not apart of this CUP, the applicant plans on creating shell tenant spaces and under the current zoning of B-2 the applicant would be allowed to use them as commercial spaces. Vomfell asked about how parking requirements can be figured out if they don't know what businesses are going in. Sorenson advised the existing parking is grandfathered in but will be looked at once they submit for a building permit. PUBLIC HEARING Cameron Wagar — Fortify Holdings, LLC — 732 NW 19t" Ave, Portland, OR (applicant) — gave a description of their company and what they do as well as what this project entails and offered to answer any questions the board may have. MOTION Vomfell moved and Skees seconded a motion that the Kalispell Planning Board adopt staff report #KCU-21-12 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 Board discussed their excitement for the project. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS Staff updated board on recent City Council approvals. NEW BUSINESS Staff updated board on the February 8th Planning Board Agenda. ADJOURNMENT The meeting adjourned at approximately 6:37pm. Chad Graham President APPROVED as submitted/amended: Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of January 11, 2022 Page 12 KM SPEAKEASY REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-21-09 JANUARY 5, 2022 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit for an accessory casino within the B-4 (Central Business) zone. A public hearing on this matter has been scheduled before the Planning Board for January 11, 2022, 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 This application is a request from Bergen, LLC (KM Speakeasy) for a conditional use permit to allow an accessory casino within the B-4 (Central Business) zone. It is proposed to be located in a new bar within the basement of the KM Building, which is a large, historic downtown building. An accessory casino is one that is tied to a primary use such as the proposed new bar, is limited to 20% or less of the floor area for that use (in this case, the new proposed bar), and is shielded from view, both outside and inside the building. A: Applicant: Bergen, LLC 829 Highland Dr Whitefish, MT 59937 B: Location: The property is located at 29 3rd Street East and can be described as Lots 1-12, Block 56 of the Kalispell Original Townsite, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana. C: Existing Land Use and Zoning: The subject property contains multiple uses throughout the building, such as offices, a restaurant, a bar, and retail businesses, and has been in existence since nearly the founding of the town. The B-4 zoning provides "a business district intended to set apart that portion of the city which forms the center for financial, commercial, governmental, professional and cultural activities. This district is not intended for general application throughout the planning area. This zoning district would typically be found in areas designated as commercial on the Kalispell Growth Policy Future Land Use Map." Kalispell Zoning Exhibit- October 14, 2021 NORTH KM Speakeasy; 29 3rd St E, Lots 1-12 Block 56 of Kalispell Original Townsite Rua�S � M ® ENS Zming - &3 CORE AREA &SINE55 p ' &4 rENTRAL RrmE m m PE,ENJE PJEILEC R-0 RE9DENTML 6 RA-1 RP EsmEw-iALAP4RTmENr -1 - RA-_ RE=,E"L RPARTME NvOIFFTX E y l ,%¢ 5` E A B-4 1 Subject Property n 30 I f �.0=iiPu LC'_3f1d.1ca...l �- SVR Cam rL14= --F\rMm*k Kalispell Development 5emices I.hCao=l d3tr BK= 1 KALISPELL. ° ''= 1I on. D. Size: The subject property is approximately 42,000 square feet. E: Adjacent Zoning: North: B-4 East: B-4 South: B-4 West: B-4 F: Adjacent Land Uses: North: Retail, office, restaurant, general commercial East: Retail, office, restaurant, general commercial South: Retail, office, restaurant, general commercial West: Retail, office, restaurant, general commercial G: General Land Use Character: The subject property is located in the core downtown area in historic downtown Kalispell. It is in the middle of the commercial core of the city with a mix of retail, office, restaurant and other commercial uses, and is across the street from City Hall and the library. H: Relation to the Growth Policy: The City of Kalispell Growth Policy Plan -It 2035, Chapter 4B, Land Use -Business and Industry, encourages the development and growth of commercial and industrial districts with a viable mix of businesses and suitable infrastructure. The Downtown Plan, which was adopted as a supplemental amendment to the Growth Policy, includes a vision where "Downtown Kalispell will be a vibrant place to live, work, shop, dine and visit amongst beautiful historic buildings and landscaped streets." In order to reach that goal, a part of the strategy is to allow for the redevelopment of existing buildings as well as accommodating new development while protecting downtown's heritage, all of which helps create a thriving economy with a mix of retail, food, office, art, housing and entertainment. L• Utilities/Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95, Hedges Elementary/Flathead High School Fire: City of Kalispell Police: City of Kalispell C� i%o e 3 EVALUATION OF THE REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested. The proposed floorplan is shown below. It will be located in the southeastern corner of the basement within existing floor area that will be remodeled. In the B-4 zone, gaming is only allowed in an accessory casino that meets standards set forth in Section 27.34.040 of the Kalispell Zoning Ordinance. A use is accessory if it is clearly incidental to and customarily used in connection with the primary use, and is located on the same property. In this case, the casino is accessory to the proposed bar and would function with the bar. Furthermore, a casino is only considered accessory to a primary use if the primary use and its associated facilities constitutes at least 80% of the proposed floor space and the casino constitutes no more than 20% of the proposed use. The proposed casino area is approximately 406 square feet of the overall square footage of 2031 square feet, which is 20% of the overall floor area. In addition, an accessory casino needs to be shielded or screened from view of the primary use and patrons. The proposed floorplan shows the casino as separated from the other areas in the building. 4 It will be separated by a wall stretching from floor to ceiling and only accessed by a door from the bar area. Being in the basement, it is completely shielded from outside view. 1. Site Suitability: a. Adequate Useable Space: The subject property is approximately 42,000 square feet, with the existing building covering approximately 28,000 square feet. The proposed use would be located within the existing space in the basement. The remainder of the property is an existing parking lot serving the building. There is adequate space on the property to accommodate the proposed use. b. Height, bulk and location of the building: The building is existing and no additions are planned. There are no issues relating to height, bulk or location of the building in terms of setbacks, lot coverage, or other property development standards under B-4 zoning. C. Adequate Access: The property fronts on three streets: First Avenue East, Second Street East, and Thirst Street East. The parking lot accesses Third Street. No improvements to the street are required to support the use as all necessary street improvements are already in place. There are pedestrian entrances off of the sidewalk along both First Avenue and Second Street. There is adequate access for the proposed use. d. Environmental Constraints: There are no known environmental constraints, such as steep slopes, streams, floodplains, or wetlands on the property, which could affect the proposed use. 2. Appropriate Design: a. Parking Scheme/Loading: The site has an existing parking lot on -site with 35 stalls. Under the zoning ordinance, no parking is required in the downtown area. No changes to the parking lot are proposed. b. Li tin : Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Any exterior lighting installed in conjunction with the development will be reviewed for compliance with the zoning ordinance during site development review and prior to building permit issuance. C. Traffic Circulation: On -site traffic circulation is part of an existing parking lot on the south side of the property. It has two access points onto Third Street East. d. Open Space: There are no open space requirements associated with the property and, as is typical in the downtown, the existing building is built from property line to property line without open space available with the exception of the parking lot on the south end of the property. e. Fencin Screenin Landscaping: With the proposed location in the basement of the existing building, no additional screening should be required. f. Signage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. Additionally, under the conditional use permit section relating to casinos (Section 27.34.040), design standards as appropriate may be placed on an accessory casino limiting or prohibiting the on -premise signage or building from using the following (1) any terms such as gaming, gambling, cards, dice, chance, etc; (2) any reference to any associated activity or any symbols or words commonly associated with gaming; (3) any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site; and (4) neon lighting. Given its location in the historic downtown area, conditions relating to these design standards are appropriate and the listed items should be prohibited in order to appropriately fit within the historic character of the surrounding properties. 3. Availability of Public Services/Facilities: a. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the project. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. Station 61 is approximately 1 block from the subject property, giving good response time. The remodel will be constructed subject to a building permit, ensuring that the addition will meet building and fire code standards. One of the key items of review was exiting under the building code. The Building Department reviewed the proposed layout and it meets the exiting standards. C. Water: City water is available and currently serves the property. No changes are anticipated in conjunction with this project. d. Sewer: Sewer service is also available and currently serves the property. No changes are anticipated in conjunction with this project. e. Storm Water Drainage: Storm drainage is currently provided with roof drains that would feed into the adjacent city stormwater system. No additional impervious area will be added in conjunction with this proposal. f. Solid Waste: Solid waste pick-up will be provided by the City. g. Streets: The property fronts on three streets: First Avenue East, Second Street East, and Thirst Street East. No improvements to the street are required to support the use as all necessary street improvements are already in place. h. Sidewalks: There is an existing sidewalk along the full frontage of the property and no additional improvements are required. i. Schools: This site is within the boundaries of School District 45. There would not be an impact on schools. Parks and Recreation: No parkland or recreational amenities are required. 4. Neighborhood impacts: a. Traffic: There is minimal impact on traffic in connection with the proposed use. The use would not create increased traffic beyond the historical use of the property. b. Noise and Vibration: The accessory casino will not create additional noise and vibration beyond the historical use of the property. C. Dust; Glare, and Heat: The accessory casino would not generate any unreasonable dust, glare, and heat beyond the building. d. Smoke, Fumes; Gas; or Odors: The accessory casino will not create additional smoke, fumes, gas and odors. e. Hours of Operation: It is anticipated that the accessory casino will be open from 10:00 AM until 10:00 pm. 5. Consideration of historical use patterns and recent changes: The property is located in the original core commercial area of the city. Throughout the history of Kalispell, this area has seen a mix of retail, office, restaurants, and other commercial uses, including bars and similar uses. The general uses in the area have not changed and no changes are anticipated in the land use pattern. 6. Effects on property values: No significant impacts on property values are anticipated as a result of the requested conditional use for the accessory casino. RECOMMENDATION The staff recommends that the Kalispell Planning Board adopt staff report #KCU-21-09 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: CONDITIONS OF APPROVAL 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. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Prior to occupancy, the applicant shall apply for a building permit through the City of Kalispell Building Department to review the proposed addition and improvements. 4. The accessory casino area shall be separated from the bar area with a floor to ceiling wall and door that provide both a visual and noise barrier. 5. The following design elements on the exterior of the building as well as exterior signage are prohibited: (1) any terms such as gaming, gambling, cards, dice, chance, etc; (2) any reference to any associated activity or any symbols or words commonly associated with gaming; (3) any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site; and (4) neon lighting. Development Services Department Kalispell, MT 59901 ILISPIE11,11, 201 1st Avenue East Phone (406) 758-7940 CONDITIONAL USE PERMIT Email: planning .kalispell,com Website: www.kalispell.com Project Name y { ry ) KM Speakeasy acceso casino to KM BAR Property Address 29 3rd St. E., Kalispell, MT 59901 NAME OF APPLICANT Bergen, LLC Applicant Phone 406-253-8657 Applicant Address 829 Highland Drive city, state, zip Whitefish, MT 59937 Applicant Email Address patcarloss48@gmaii.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD KM Building Holdings, LLC Owner Phone 406-862-8999 Owner Address 208 1 st Ave. E. City, state, zip Kalispell, MT 59901 Owner Email Address bill@compassmt.net CONSULTANT (ARCHITECTlENGINEER) Shane Jacobs, A&E Design Phone 406-300-7528 Address 36 2nd St. E. city, state, zip Kalispell, MT 59901 Email Address siacobs@ae.design POINT OF CONTACT FOR REVIEW COMMENTS Pat Carloss Phone 406-253-8657 Address 829 Highland Drive City, State, zip Whitefish, MT 59937 Email Address patcarloss48@gmail.com List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Lots 1 Thru 12, Block 56 of Kalispell Original Townsite, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County. Please initial here indicating that you have verified the description with the Flathead County Clerk and eand that the description provided is in a form acceptable to record at their office. dotloop signature verification: Development Services c:rrr C1,' Department KAILISPEILL Phone 1st avenue east Kalispell, MT 59901 Pht)ne (406) 758-7940 1. Zoning District and Zoning Classification in which use is propsed: B-4, Central Business 12. Attach a site plan of the affected lot which identifies the following items: _ P. 5 2- 4 a. Vicinity map and 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, screening, fencing, open space & signage 1. Existing and proposed parking, loading, lighting & traffic circulation j. Existing and proposed garbage collection, streets & utilities ) f$�) 3 k. Floodplain if applicable I. Adjacent sidewalks & bike trails r�X , 1 I ��•� S - i 3 3. Attagh,Bpil,ding Elevations - (drawing of any proposed building and/or addition showing views from north, south, east and west ) 4. On a separate sheet of paper, discuss the following topics relative to the proposed use (please elaborate beyond referencing materials listed above): a. Traffic flow and controlX, b. Access to and circulation within the property c. Off-street parking and loading 'L d. Refuseigarbage collection and service areas e. Utilities (water, sewer, electric, etc.) f. Screening and buffering 45V 7 g. Signs, yards and other opens spaces Z h. Height, bulk and location of structures i. Location of proposed open space uses 2 j. Hours and manner of operation Z k. Noise, light, dust, odors, fumes, vibration, glare and heat Z I. Storm drainage m, Fire/Police 5. Attach supplemental information for proposed uses that have additional requirements (consult Planner) hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on ail 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 City staff to be present on the property for routine monitoring and inspection during the approval and development process. 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Traffic flow and control: This Application is for a conditional use permit for an accessory casino to the KM Bar, located in the basement of the KM Building, an established downtown Kalispell building, which would not substantially alter the traffic flow or controls in the area. b. Access to and circulation within the property: This Application is for a conditional use permit for an accessory casino to the KM Bar in the basement of the KM Building, an established downtown Kalispell building. Access to the property is established and there would be no substantial additional impact to the circulation within or around the property. C. Off-street parking and loading There is off-street parking adjacent to the building including established loading zones. See Exhibit 1 to CUP Application. d. Refuse/garbage collection and service areas: Refuse/garbage collection and service areas are already established for the building. See Exhibit 1 to CUP Application. Utilities water, sewer, electric, etc.): Utilities are already established in the building. f. Screening and buffering: Not applicable. The subject premises is in the basement of the KM Building. g. Signs, yard, and other open spaces: The subject premises is in the basement of the KM Building, an established downtown Kalispell building, so there would be no yard or open space for the premises. There would be some additional signage to the back of the building, but nothing substantial. h. Height, bulk, and location of structures: No additional height or bulk will be added to the building. See Exhibit 1 to CUP Application Location of proposed open space uses: Not applicable. The subject premises is in the basement of the KM Building. Hours and manner of operation: It is anticipated that the hours of operation will be from 10:00 AM to 10:00 PM. k. Noise, light, dust, odors, fumes, vibration, glare, and heat: Not applicable. The subject premises is in the basement of the KM Building. Storm drainage: Storm drainage is already established for the existing building. Page 1 of 2 M. Fire/Police: The conditional use will not additionally burden the fire and police services, which are located across the street from the existing building. Page 2 of 2 IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 1 f 2 70 Debbie Pierson, Flathead County MT by MW 10/16�2026 3116 PM AND WHEN RECORDED MAIL TO: KM Building Holdings, LLC 208 1st Street E Kalispell, MT 59901 O Filed for Record at Request of: Space Above This Line for Recorder's Use Only Insured Titles N Cf' O Order No.: 929084-FT Q Parcel No.: 0426180 V) WARRANTY DEED 0 N N FOR VALUE RECEIVED, *-+ William W. Goodman, Jr. and Jana D. Goodman, each as to an undivided 1/2 interest 0 -a hereinafter called Grantor(s), do(es) hereby grant, bargain, sell and convey unto o KM Building Holdings, LLC a a .Q whose address is: 208 1st Street E, Kalispell, MT 59901 Hereinafter called the Grantee, the following described premises situated in Flathead County, Montana, to -wit: LOTS 1 THRU 12, BLOCK 56 OF KALISPELL ORIGINAL TOWNSITE, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. SUBJECT TO covenants, conditions, restrictions, provisions, easements and encumbrances apparent or of record. TO HAVE AND TO HOLD the said premises, with its appurtenances unto the said Grantees and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: October /(,=,, 2020 Page 1 of 2 I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 2 of 2670 Fees: $14.00 10/16/2020 3:16 PM William W. Goo man Jr. )-ana:D. oo STATE OF Montana ) SS. COUNTY OF Flathead This instrument was acknowledged before me on Octoberj 2020, by William W. Goo Jr. and Jana D. Goodman. D ARY PUBLIC BROWN 01 ARq, * SEAL * State of Montana Residing at Whitefish, Montana 9�OFMO My Commission Expires September 12, 2023 Notary Public for the State of Montana Residing at: My Commission Expires: Page 2 of 2 KM BUILDING HOLDINGS, LLC 208 First Avenue East Kalispell, Montana 59901 September 24, 2021 Development Services Department City of Kalispell 201 First Avenue East Kalispell, MT 59901 RE: Bergen, LLC CUP Application Dear Sir or Madam: KM Building Holdings, LLC is the owner of the property known as the KM Building. Please accept this letter as permission for Bergen, LLC to proceed with filing a Conditional Use Permit Application for an accessory casino to be located at the KM Building. Please let me know if you need anything further from KM Building Holdings, LLC to allow Bergen, LLC to proceed. Thank you. Sincerely, KM BUILDING HOLDINGS, LLC By: KM PROJECTS, LLC, Manager By: ill Goldberg, Member Kalispell Growth Policy Exhibit - 10/15/2021 KM Speakeasy; 29 3rd St E, Lots 1-12 NORTH Block 56 of Kalispell Original Townsite G COMMERCIAL ® Subject Property Z E CEN�e?, 1 ' Growth Policy - Zones ' Commercial 0 Industrial Urban Mixed Use ' o Urban Residential�.- Public/Quasi Public, 0 enspace m i is� S� W �.'\ PUBLIC OR OPENSPACE 3 H Z TA 90S1W 2N0 S1 41H S1 SV W S-VN S1 r m URBAN MIXED USE WWFWI v�L R-0 . :10E i m Date: 10-15-2021 U11,01 Kalispell Development Services MTCadastral data: 08202021 KALISPELL 0 225 450 Feet NORTH m 2Nv 5T e Ln 3 Z KM Speakeasy; 29 3rd St E, Lots 1-12 Block 56 of Kalispell Original Townsite ® Subject Property Mailing List Parcels f 4TH Date: 10-14-2021 Kalispell Development Services CITY OF MT Cadastral data: 08202021 KALISPELL o �zs zso Feet Date: 10-14-2021 Kalispell Development Services MtCadastral data: 08202021 KALISPELL 0 500 1,000 Feet