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05. Conditional Use Permit Request from Columbia Falls Lounge CorporationFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: FROM: MEETING DATE: Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Conditional use permit to convert a tavern to a casino - Columbia Falls Lounge, Inc June 7, 1999 BACKGROUND: This is a request for a conditional use permit to convert the Fireside Lounge to a casino which is located in the B-4, Central Business District. The tavern is located in the lobby area of Cavanaugh's hotel in the Kalispell Center Mall. No substantial alterations would be made to the 2,800 square foot area. The staff recommended approval of the request. This matter went to the planning board for public hearing and consideration on May 11, 1999. The planning board is recommending that the conditional use permit be granted, but passed on a vote of five in favor and four opposed. The votes in opposition were because these members oppose additional casinos in the mall. RECOMMENDATION: A motion to grant the conditional use permit to allow the conversion from the existing tavern to a casino may be in order. FISCAL EFFECTS: Potentially some increase in revenues to the City. ALTERNATIVES: As suggested by the city council. n A, Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: May 17, 1999 Attachments: Letter of transmittal Staff report KCU-99-5 and back-up materials Draft planning board minutes Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Cavanaugh's Hospitality Limited Partnership_ Tom Meyer 1701 Highway 93 South Kalispell, MT 59901 LEGAL DESCRIPTION: Conversion of a tavern in Cavanaugh's in the Kalispell Center Mall to a casino, described as Assessor's Tract 2AB located in Section 7, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. ZONE: B-4, Central Business. Columbia Falls Lounge, Inc. has applied to the City of Kalispell for a conditional use permit to convert an existing tavern in Cavanaughs into a casino. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on May 11, 1999 held a public hearing on the application, took public comment and recommended that the application be approved subject to two conditions. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-99-5 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to convert an existing tavern in Cavanaughs into a casino subject to the following conditions: SECTION I. 1. The proposal will be developed in substantial conformance with the approved plan and the Kalispell Zoning Ordinance. H:\attsect\wp\cup\c falls lounge.wpd 1 2. That the proposed use comply with all local, state and federal regulations which may apply to the construction and operation of a gaming facility. The conditional use permit is valid for a period of 18 months from the date of authorization. Dated this day of June, 1999. Wm. E. Boharski Mayor STATE OF MONTANA ) ss County of Flathead ) On this day of , 1999, before me, a Notary Pubic, personally appeared Wm. E. Boharski, 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 Residing at Kalispell, Montana My Commission Expires H:\attsect\wp\cup\c falls lounge.wpd 2 Flathead Reeonal Development Offic(; Room 414 Phone: (406) 758-5980 Fax: (406) 758-5781 May 17, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit to Convert a Tavern to a Casino Dear Chris: The Kalispell City -County Planning Board met on May 11, 1999 and held a public hearing to consider a request by the Columbia Falls Lounge Corporation, Inc. to allow conversion of an existing tavern to a casino. The tavern proposed for conversion is the Fireside Lounge located at the east end of the Kalispell Center Mall in the lobby area of Cavanaugh's hotel. Narda Wilson, with the Flathead Regional Development Office, presented a staff report relating to the conditional use permit and recommended approval of the request subject to three conditions. At the public hearing Tom Meyer, manager of Cavenaugh's, spoke in favor of the permit stating that they have a current lease request for a casino and asked that the board approve the permit. Dan Johns, attorney for Columbia Falls Lounge Corporation spoke in favor of the petition noting that there would be very little impact to the current lounge or the mall. The board discussed the request. Some stated their opposition to an additional casino. A motion was made to adopt staff report KCU-99-5 and recommend approval of the conditional use permit. The motion passed on a vote of five in favor and four opposed. The three conditions are listed in Attachment A. Please schedule this matter for the June 7, 1999 regular city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. J Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Columbia Falls Lounge, Inc. Conditional Use Permit May 17, 1999 Page 2 of 2 JJ/NW/tl Attachments: Attachment A Staff report KCU-99-4 and application materials Draft minutes of the 5/ 11 /99 planning board meeting c w/o Att: Tom Maier, Cavanaugh's, 1701 Hwy. 93 So., Kalispell, MT 59901 Dan Johns, Crowley Law F1rm, Box 546, Kalispell MT 59903 Theresa White, Kalispell City Clerk HA ... \TRANSMMF-,k dSPEL\99\.KCU9904 ATTACEMEMA COLUM 3IA FALLS LOUNGE, INC. CONDITIONAL USE PERMIT KCU-99-6 RECOMMENDED CONDITIONS OF APPROVAL MAY 11, 1999 The following conditions are being -recommended to the Kalispell City Council by the Kalispell City -County Planning Board for the above referenced conditional use permit. A public hearing was held on this matter at the May 11, 1999 planning board meeting. 1. That the proposal will be developed in substantial conformance with the approved plan and the Kalispell Zoning Ordinance. 2. That the proposed use comply with all local, state and federal regulations which may apply to the construction and operation of a gaming facility. 3. That the conditional use permit is valid for a period of 18 months from the date of authorization. A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow a casino in an B-4, Central Business District zoning district. A public hearing on this matter has been scheduled before the planning board for May 11, 1999, beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the City Council for final action. BACKGROUND WFORMATION The applicant is submitting a request to allow the conversion of an existing lounge into a casino. A casino requires a conditional use permit in this zone, the B-4, Central Business District, and all districts. A. Petitioner: Cavanaugh's Hospitality Limited Partnership Attn: Tom Meyer 1701 Highway 93 South Kalispell, MT 59901 (406)755-6100 B. Size and Location: The property proposed for the casino is located at the east end of the Kalispell Center Mall in the north end of Cavanaugh-s lobby. The mall property consists of several city blocks. The property can be described as Assessor's Tract 2AB located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana C. Mature of Request: The applicant is requesting a conditional use permit to allow the conversion of the Fireside Lounge, a bar in the hotel, to a casino. No additional square footage would be added to the building which is currently approximately 2,800 square feet. The casino will have 20 gaming machines on - site as permitted under State law. There would be no significant exterior modifications made to the space. The casino will maintain the hours of operation which comply with State law, which are generally from 8:00 AM to 2:00 AM. The Cavanaugh's lounge is staffed 24 hours a day which provides access to the building. Some interior modifications will be made to partition off the various areas within the building. D. Exiating Land Use and Zoning: The area proposed for the casino is currently occupied by the Fireside Lounge, a small tavern. The space contains approximately 2,800 square feet which will not be substantially altered. The zoning for this property is B-4, the Central Business District. This zoning district lists bars and taverns as a permitted use, but lists casino as a conditionally permitted use. E. Surrounding Zoning and Land Uses Zoning: There are a variety of commercial and retail uses in this immediate area. This area is the commercial core of Kalispell and is characterized by a full spectrum of downtown area uses. The Kalispell Center Mall anchors this character and Main Street Kalispell lies to the east. North: Cavanaugh's hotel and restaurant, B-4 zoning South: Bank, retail, restaurants and hotels, B-4 zoning East: Commercial use of the mall on -site, Equity and Valcon business off -site, B-5 and I-1 zoning West: Offices, retail and park, B-4 zoning F. Master Plan Designation: The Kalispell City County Master Plan Map designates this area as commercial. This is the core of the central business district for Kalispell which should provide a full spectrum of commercial, office, retail, restaurant and banking facilities. The central business district seems to be a reasonable place to anticipate casinos within the community. G. H. 1. Utilities/Services: Sewer service: Water service: Solid Waste: Gas: Electric: Phone: Police: Fire: Schools: City of Kalispell City of Kalispell City of Kalispell Montana Power Company Flathead Electric Cooperative CenturyTel City of Kalispell Kalispell Fire Department School District #5, Kalispell Evaluation, of the Request: Site Suitability: a. Adequate Useable Space: The casino conversion will not occupy any new space in the mall. A casino is required to have a liquor license which allows the owner to have 20 gaming machines. According to the site plan there appears to be adequate space within the facility to accommodate the plans. No significant exterior modifications will be made to the existing space in the area proposed for the casino. No new structures are involved in this request. It appears there is adequate space to accommodate the proposed use. b. Adequate Access: Primary access to the casino is provided by way of the Kalispell Center Mall's main access from Center Street and First Avenue West which also serves as primary access to Cavanaugh's. Secondary access to the mall site can be gained either from Main Street to the east or from Fifth Avenue West to the west. Access to the site is adequate. E C. Environmental Constraints: There are no significant environmental constraints apparent on the property. It is generally level and has been fully developed in the past. 2. Appropriate Design: a. Parking Scheme: Parking for the entire mall facility was calculated on a mixed use basis and considering the special needs of the larger users such as Cavanaugh's. The entire mall has approximately 1,314 parking spaces. Approximately 180 of those parking spaces is dedicated for Cavanaughs use. Typically malls have parking far in excess of what would be required under the zoning ordinance. e. Without doing a highly specific parking analysis, parking for Cavanaugh's can be broken down into several specific use categories. Parking for the 132 rooms is 132 spaces. Parking for the meeting rooms is one space per 20 with Cavanagh's having 148 seats; parking being eight spaces. Parking for the restaurant and atrium is based on one space per 100 square foot with the square footage unknown. The seating is 130 for the current lounge. No indication that this will change has been submitted with the application. Based upon one space per four seats, which is used in the County, the parking needs for these combined "eating and drinking establishments" would be 33. Total combined parking needs calculated in a best guess for the mixed uses is 173 parking spaces. Allocated parking is 180 spaces. Parking appears to be adequate. b. Traffic Circulation: Persons visiting this casino would typically enter the premises from the mall or from the main entrance near Cavanaugh's off of Center Street. Traffic circulation within the mall parking lot is generally good. Cavanaugh's parking lot also provides good traffic circulation with an entrance off of Main Street to the eastern parking lot. The main entrance to Cavanaugh's has a circular driveway which has a formal covered entrance for pick-up and drop-off of people and goods. Traffic circulation in the area is generally good. C. Open Space: No specific open space requirements are required under the zoning regulations. Open space areas Would not be an appropriate or reasonable element of consideration in this particular request. d. Fencing/ Screening/Landscaping: As mentioned above, this use is inside of an existing building and no exterior modifications to the building or to the mall space would occur as a result of the proposed casino conversion. No landscaping, screening or fencing is necessary or appropriate with this particular request. e. SignagJe: Some modifications to the existing sign(s) inside the mall would be anticipated as a result of this conversion. The Kalispell sign regulations only relate to signs which are intended to be seen from a public right-of-way and would not be extended to interior signs. No signage on the exterior of the building has been included in the 3. application. Additionally, the mall has certain sign provisions and any sign would require a permit Availability of Public Services ,[Facilities: a. Schools: This site is within the boundaries of School District #5, however, this proposal should have virtually no impact on the school district- b. Parks and Recreation: Depot Park is the closest City park to this property which is approximately one block from this site and within easy walking distance. No significant impacts to the park system can be anticipated as a result of this use. C. Police: There may be some minor impacts to the police department which can be anticipated as a result of the use primarily because of its nature. d. Fire Protection: Fire protection will be provided by the -Kalispell Fire Department. Modifications to the building will be required to comply with the Uniform Fire Code. Additionally, there are fire hydrants in the area as well as good access to the site in the case of a fire. e. Water. City water will be used to serve the facility. No significant impact on water services can be anticipated as a result of this facility. f. Sewer. Sewer service will be provided by the City of Kalispell. No significant impacts on City sewer services can be anticipated as a result of the proposed use. g. Solid Waste: Solid waste pick-up will be provided by the City, and no significant increased impacts can be anticipated as a result of the proposed use. h. Roads: Some additional traffic may be anticipated to be generated as a result of this use. Access will generally be onto Center Street, Main Street or Fifth Avenue West. All of these streets are City paved streets in generally good condition and well maintained. Roads in the area are adequate to accommodate the proposed use. i. Immediate Neighborhood Impact: The general character of this area is commercial which provides a full range of consumer, retail, office and downtown uses. The conversion of this use would be anticipated to have minimal or no impact on the established neighborhood character and the character of the mall itself. 4 REACTION OF NEARBY PROPERTY OWNERS A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, one objection to the casino conversion was received. 1. The size and location of the site is adequate to accommodate to the proposed use. 2. The site is adequate with regard to access, parking complies with the zoning for the B-4 district. 3. Existing public services and facilities are available and adequate to serve the proposed use. 4. There will no significant negative impacts to the neighborhood as a result of the proposed use. It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU-99-5 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be granted subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the approved plan and the Kalispell Zoning Ordinance. 2. That the proposed use comply with all local, state and federal regulations which may apply to the construction and operation of a gaming facility. 3. That the conditional use permit is valid for a period of 18 months from the date of authorization. H: \... \KCU 198 \KCU99-5 GROWLEY, HATiGHEY, I&NSON, TOOLE & DIETRICH P.L.L.P ATTORNEYS AT LA ESTABLISHED 1808 + HALLSPELL 401 FIRST AVENUE wear P.Q. Box 780 DANm D. JoHNs KA t reavr r MONTANA 501i0O4)754 PRONG (40e) 7158•e6" FAX (406) 76" 106 t-mail_ djohnsQCTowkylaw.com April 2, 1999 Ms. Narda Wilson Flathead Regional Development Office 723-5th Avenue East, Room 414 Kalispell, MT 59901 Re: Columbia Falls Lounge Corporation/ Conditional Use Permit for Lounge Located at Cavanaughs in Kalispell Center Mall Dear Narda: AP'LICA i !ON A-r.r.. APR • 5 1999 Enclosed is a completed application for Conditional Use Permit to allow use as a casino the Fireside Lounge area located inside Cavanaughs at Kalispell Center Mall. Enclosed you will find the application, a check payable to F.R.D.O. in the amount of $300, and attachments, including a list of surrounding property owners which was verified by the Flathead County Plat Room on March 23, 1999. We request that this application be heard by the Planning Board at its May, 1999 meeting. In the event additional information is needed, please contact me in order that it can be delivered in time to permit the May consideration. Very truly yours, CROWLEY, HAUGHEY, HANSON, TOOLE & DIETRICH, P.L.L.P. 1\ .1 -,ot� Daniel D. Johns DDJ:ds Enclosures cc: Jason Gerke, Town Pump BILLINGS: 400 NORTV 31ST STREET • P.O. BOX 2320 • B[CLNrGS. MONTANA SYl0.'!•tS2y - PHONE (40A) "2-3"1 HELENA: 100 NORTH PARK AVr.%Vt - SUITE 300 • PA. BOX 707 - RELENA. MONTAXA S"24 - PHO-'tE (40A) 44G-4166 WILLISTON: 113 EAST BROADWAY - PA. BOX 1200 • WILLISTON. NORTR DAKOTA 58900.1204 PHONE (700 572-2200 Flathead Regional lopment Office 723 Sth Ave. East Roozm 414 Kali peg, XT 59901 Phone: (406)758-5980 F (406)75"781 APPLICATION FOR CONDITIONAL USE ICATION MATERIAL CITY OF KALISPEU SM r PROPOSED USE: Casino ' APR • 5 1999 OWNER(S) OF RECORD: .ice Name: Cavanaugh's Hospitality Limited Partnership�'� Mailing Address: 1701 Highway 93 South Attn: Tom Meyer F. R. D. O City/State/Zip: Kalispell, MT 59901 Phone:755-6100 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Columbta Falls Lounge Corporation - -- Mailing City/St LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: 20 North Main Street, Kalispell No. 7 ship 28N No. 21W Montana, 59901 Subdivision Tract Lot Block Name: N/A No(s). No(s). No. - Zoning District and Zoning Classification in which use is proposed: Central Business B-4 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. D. Johns 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. •Accessto _ • • circulation • f the property. C. Off-street parking and loading. •Refuse and service areas. e. • • Signs,f. Screening and buffering. g. • and other •la• •z•.:r. •. Height, bulk and location of r i. Location of proposed open space Hoursj. • • manner of • • • :. • • • k- Noise, light� dust, odors, fumes and vilmmtiom 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I 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 F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicantbignabm> Date Rc.Zstd 10/30/971s F, Exhibit A Conditional Use Permit Application: Cavanaugh's Center Mall 3. Discuss the following topics: a. Traffic . proposed casino -will be located in what is presently known as the Fireside Lounge at Cavanaugh's Center Mall. Traffic flow and control :tthe mall propertyare presently accommodated and it not anticipated ;i i- addition of the condibonalpermit 'ill sign&kandy effect existing Y -ti1.. • 1 i property. > !e b. Access to and circulation wilWn theSrQWM. The proposed site will be accessed through the Cavanaugh's Center Mall, the same as the present Fveside Lounge. c. Qff-street Rarking and loading Off-street parking and loading are adequate and already provided as part of the shopping mall and convention center development. (oil 1" 016312 ", 16 1 HIM N' e. Utdities. Utilities are presently in place. f. Screening and buffering. The proposed site is located inside the Cavanaugh's Center Mall; additional screening and buffering are not an issue. g. Sign& yards and other set backs. Signing will be inside the Cavanaugh's Center Mall and will comply with applicable sign regulations. Any exterior signing will also comply with applicable regulations. Set back requirements are not applicable to the proposed site. i. Location ofpronosed open space uses. Not applicable. j. Hours and manner of op.4=ion. The property will be managed by Columbia Falls Lounge Corporation, a Montana corporation, and its hours of operation will comply with laws applicable to establishments possessing both liquor and gaming gcenses. The motel lobby, off which the internal access exists, is staffed 24 hours a day. tN W W FRDO Z-" CERTIFICATION APPLICANT• COLUMBIA FALLS LOUNGE CORPORATION FRDO FILE #: KCU-99-5 I, the undersigned certify that I did this date mail a copy of the attached notice to the Mowing Iist of landowners within 150 feet of the property lines of the property that is the subject of the application. NY - Assessor's S-T-R Lotll'ract No. No. SEE ATTACHED LIST Property Owner & Mall Address TOM MEYER CAVANAUGH'S HOSPITALITY LTD PART 1701 HWY 93 SOUTH KALISPELL MT 59901 COLUMBIA FALLS LOUNGE CORP 2727 PAMELA RD BUTTE MT 59701 TECHNICAL PARTICIPAPIT DANIEL D JOHNS C/O CROWLEY HAUGHEY HANSON TOOLE 6 DIETRICH PO BOX 546 KALISPELL MT 59903 SUWE= PROPE7t'i'Y -r.i. pAB + Tn. 88A J-as-al TRACT # I ASSESSOR # Lo+ -7, 54a-ms . Fla+l aad- -T-odu .si%'4s -Fax -Hu +6Kd..cacppek aGs tl P.O. $ox lit(. (�- E038p09 i4�t:G'spttt � VYtT,. 59903-19t/o Lo+ 8, Block 3o Flo.+he" =xdAA.si%;es K,a-L's P.O -Sox tqua KaGsptll , YKT - 59go3 - ►9tt• LO- i- 4 + i o 8tact� 30 �;o.Gspe 1 t Fla+keQd Sins-tes E000 ?-o - Sox III(. Kalispell , VXT. 61963 - t 9 to L0+ 3BtOdc 30 l�Itan S. + (:;;,lacF-46ce C. ►'noI Ikon {o:l;spc It Oq��85o gp yt�+ Ave, . W. N. Kalispell kYtT. 599ot - 4o54 L.o+ y , Block 30 Kali spell Lo+S, $lock 30 Kati . 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D" + Fa.rk f?a.rtru4s "r- LotS St, 3 t 4 �' tocf` 3f. O00 20 f 3- 1$7 JV 1'Me,�'�d��wt Ka.t i spe t r, YVtT . 579 9 0 j afis 5- to +'7• D•e po t Pear tc Partners L1-C gloct 3t. coo ao FIX 16-1 N • k-ner.d;an }4al:spell fia.l;spta YMT. 61clo / , Lo-t 10 * S. ` of Loth, B t oct 31 r4a1 �`s p t t I N• 35'0�' Cctrt, �1ock 3 dal ; s pe l l O l5,7,450 r?,a5g. 4 Ski He,j 14 S't+ Ave • w D • L'Gta,-bortrraa,.r,� t 4tl spelt , r>lT• 59901-- q3 y7 nt•o- iv • t De to me C• 3-o k ri s taVI O D !o L 9 3 S i t Sth j-},,,e , u) 1'S4t, s p e tl , ✓X T • 59 9 01- y 3 q ,7 L.o+ r9, Block Kitj rttxot 1e. Moss, Sr• , +- t�i,�-tti E . Foss 31,rAl;SPel( 0-7q&-7L/O 3 st' Avt.�. Ka-1 s ¢tl, MT. 5950/-y3q-7 eF S /L -3 , -tk 0. 3aKs e.,, L4ta, O�OI ?50 P.O.Box-79l S e.tt ,K41, P l�vtlock, NV. 8gyt9-079y SMUSP- K D . DOse-K 60WKUIL ) Lots EX• . 1Iv, o•r gloa31 O�} a g 1 qO David A . t St,�san t_. 1-Fo1st Cto,l-f-raG�t- bk er P.o .5o?c a-781 SczffsPet( ' al+S eti Y)lT. 59503-a'11I of Lot9, �S D. Dasel (owrnet) 3> Oct 31 D av -`d A. t• 5 "S" L. f a l s t Cc o et-fra Lf b u5 t{ `at O / 8g 160 P.O. Box a-1 81 t oA;s e if, Mr. 5590 3 - ,17 sf Lot A ofAr,. Cava11 aks t}ospz;toai l:tj �rr,-tcd Partntrsk:p L A,3.4, 6'e(a t ZoW-;cOrtf, 4e;vtr l)r-• . 3fa 0? 30 550 at,JCad:setSPoJCA144 , W A . 99 Lots '7 -1 A r eo 1 vi M tP" ro r tr-Kt s u e- � - all", ©!!oo ?5 1 S-tvre # 209 , P.o . Box .2g39 E�ocx 2.5 t � 62ra1, 1�S. l0�9o5-��t38 Kars atl ECLAXUNG Annexation and Conditional U" Permit forMint-3tarap - Appleway Drive Zone Change firom RA-1 and I-1to B-2 on Seventh Ave. E.A. RA-1 Text Amendment to Side Yard Setbacks Casino in Kalispell Center Mall Conditional U t Ridgewood Terrace Mobile Home Para Expansion Preliatinary Plat Zone Change from R-1 to B-2 on Highway 35 The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, May 11, 2999, beginning at 6.-00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly scheduled meeting, the board will hold public hearings or take public comments on the following agenda items and will make recommendations to the City Council or the Board of County Commissioners, who will take final action: To the Kalispell City Council 1. A request by Deloris Partnership Group for annexation into the City of Kalispell and initial zoning of B-2, General Business, for approximately 4.045 acres. The property proposed for annexation is located on the north side of Appleway Drive east of its intersection with Highway 2 West approximately one quarter of a mile. Currently this property is in the West Side Zoning District and is zoned County R-1, a Rural Residential zoning district. The property can be described as Assessor's Tract lA located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, and as further described on attached Exhibit A. 2. A request by Deloris Partnership Group for a conditional use permit to allow the construction of a 92 unit mini -storage facility on property zoned B-2, General Commercial, which lists mini. -storage facilities as a conditionally permitted use. The request for this conditional use permit is being filed concurrently with the above referenced request for annexation into the City of Kalispell and B-2 zoning. The property proposed for the mini -storage facilities is located on the north side of Appleway Drive, cast of its intersection with Highway 2 West approximately one quarter of a mile. The property can be descn-bed as Assessor's Tract lA located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by Bob Cherot, Ptu1 Neuharth and Bruce Young for a zone change from RA-1, Low Density Residential Apartment, and I-1, tight Industrial, to B-2, General Business, on approximately 3.80 acres. The property is located at the southern most end of Seventh Avenue E.N. just north of Woodland Park. This property can be described as Assessor's Tract 30UC (RA-1 zoning) and Assessor's Tract 30BB U-1 zoning) located in Section 8, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana, and as further described in Exhibit B. 4. A request by Rich S. Ockey for an amendment to the Kalispell Zoning Ordinance, Section 27.09.040(3), Minimum Yard Requirements. As proposed, the side yard setback requirements would be amended from the current requirement of ten feet plus an additional ten feet for each increment of ten feet above 25 feet in height; to a requirement of ten feet plus an additional one foot for each foot above 25 feet in height. This amendment would potentially effect all areas within the City of Kalispell with an RA-1 zoning designation. S. A request by Columbia Falls Lounge Corporation for a conditional use permit to allow the conversion of the existing Fireside Lounge in the Kalispell Center Mall into a casino. The applicant intends to convert the existing facility without expanding the existing building. The property proposed for this use is located in the B-4, Central Business District, a zoning district which lists casinos as a conditionally permitted use. The property is located on the northwest corner of Center Street and Main Street in Kalispell. The property address is 20 North Main Street, Kalispell. The property can be described as Assessor's Tracts 2AB and 8BA located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana To the Board of County Commissioners 6. A request by Carver Engineering on behalf of Theodore Fouts for preliminary plat approval for the expansion of Ridgewood Terrace Mobile Home Court by adding an additional 16 rental lots for manufactured homes. The property is zoned R-5, a Two Family Residential zoning district which lists manufactured home parks as a conditionally permitted use. The area proposed for the expansion contains approximately 2.54 acme with approximately 1.972 acres devoted to lots. The property can be described as Lots 1, 2, and 3, Block 4, Larson's Acres First Addition; Lot 1, Block 5, Larson's Acres, First Addition; the north 60 feet of the west 100 feet of Lot 5, Block 2, (Assessor's Tracts 5B and 5C) of Larsons' Acres and Lots 3, 4 and 5, Block 6, Larson's Acres First Addition located in Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 7. A request by Debora Poteet for a zone change in the Evergreen and Vicinity Zoning District from R-1, Suburban Residential, a residential district with a one acre miri* lot size requirement, to B-2, General Business, a general commercial zoning district which allows a variety of commercial uses. The area proposed for rezoning contains approximately 0.838 of an acre and is located on the north side of Highway 35 east of LaSalle Road (Highway 2) approximately one mile. The property can be described as Lot 9, Block 4, Bernard's Park located in Section 3, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana and as further described in attached Exhibit C. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Flathead County Zoning Regulations are also on file for public inspection at the Office of the Clerk and Recorder, Flathead County Courthouse, Kalispell, MT, in Permanent File No. 16137. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing. Thomas R. Jentz Planning Director not against amending the setback requirements but would want to have a straight ten foot setback rather than having any additional setback required due to the height of the buildings. COLUM 3U FALLS A request by Columbia Falls Lounge Corporation for a conditional LOUNGE use permit to allow the conversion of an existing lounge in the CORPORATION Kalispell Center Mall into a casino in property located in the B-4 CONDITIONAL USE district. PERMIT STAFF REPORT Narda Wilson of the FRDO presented staff report KCU-99-5 in which staff recommends that the board recommend that the conditional use permit be granted subject to three conditions. She stated that there would be insignificant impacts associated with this conversion. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Tom Maier, manager of Cavenaugh's, spoke in favor of the petition and stated that they have a current lease request for a casino and ask that the board approve the conditional use permit. Dan Jones, attorney for Columbia Falls Lounge Corporation, spoke in favor of the petition noting that there would be very little impact to the current lounge or the mall. No one else wished to speak for or against the petition and the public hearing was closed. BOARD DISCUSSION Garberg noted that the board has looked at several casino requests in the past and that there is a build up of opposition to more casinos in the area. He noted that this facility is located in the mall and this is a family oriented area and he spoke out against the request for any additional casinos especially in this location. Heinecke asked if this was an expansion of the other casino in the mall and it was explained that this was a separate establishment. He stated that he too was against any further casino development in the city. Stevens stated that he did not believe that this is the proper forum to stop the development of casinos, that even though he is not specifically fond of them he believed that the question of casinos is best left to the legislature. The board discussed the application and took public comment into consideration. MOTION Mann moved and Stevens seconded to adopt staff report KCU-99-5 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the conditional use permit to allow the Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 8 of 9 conversion of an existing lounge in the Kalispell Center Mall into a, casino in property located in the B-4 district be granted. On a roll call vote: Johnson, Sipe, Stevens, Rice, and Mann voted Aye. Hines, Garberg, Heinecke and Brenneman voted No. The motion to recommend that the conditional use permit be granted passed on a vote of five in favor and four opposed. NEW BUSINESS Wilson stated that there would be another full agenda next month. The agenda will include "house cleaning items" which the staff has come up with and Wilson noted that the FRDO would welcome suggestions from any members of the board before next Friday, May 15th. Chris Kukulski, the new Kalispell City Manager, was introduced by Stevens. Kukulski stated that he looked forward to working with the board in the future and that he would like to meet everyone after the close of the meeting. OLD BUSINESS Wilson noted that after three months the FRDO has been unable to fill the senior planning position and noted that potential applicants have stated that they are unable to raise a family on the salary offered. She noted that it will probably be at least July or August before anyone would be hired. ADJOURNMENT The next meeting will be June 8, 1999, and will begin at 6 p.m. The meeting was adjourned by motion at approximately 8:50 p.m. Jean Johnson, President Tricia Laske, Recording Secretary Approved as submitted/corrected: / /99 Kalispell City County Planning Board Minutes of meeting May 11, 1999 Page 9 of 9