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01. Conditional Use Permit Request from Columbia Falls Lounge Corporation, Inci Im REPORT TO: Honorable Mayor and City Council FROM: Chris A. Kukulski, City Manager SUBJECT: CUP for Casino at Cavanaugh's MEETING DATE: July 6, 1999 BACK GROUND: Attached is a memo from Glen Neier regarding the conditional use permit request from Columbia Fall Lounge, Inc. The request for a conditional use meets all of the minimum standards associated with such a permit. Therefor, -as you read Glen's report it appears obvious that the Council needs to take action regarding Cavanaugh's conditional use permit. If the Council would like the administration to review various options regarding the restrictive use of casinos, I would be happy to do so. I agree that the City does not need a casino on every street corner. Unfortunately, this request was placed prior to any proposed changes. RECOMMENDATION: That the City Council approve the attached conditional use permit for Columbia Falls Lounge, Inc. for a casino in the Fireside Lounge area located in Cavanaugh's Hotel at the Kalispell Center Mall. FISCAL EFFECTS: As with all casinos within the City we will receive 10% of the earnings. ALTERNATIVES: As suggested by the Council. Respectfully submitted, Ca" kq-&-u," Chris A. Kukulski City Manager Report compiled July 1,1999 Page 1 of 1 The City of Kalispell Incorporated 1892 Office of the City Attorney Glen Neier, City Attorney Richard Hickel, Asst. City Attorney July 2, 1999 TO: Mayor, City Council and Manag FROM: Glen Neier, City Attor RE: CUP for Casino at Cavanaugh's P.O. Box 1997 Kalispell MT 59903-1997 Telephone: (406) 758-7708 Fax (406) 758-7771 At the Council meeting of June 7, 1999 the Council tabled a Conditional Use Permit for Columbia Falls Lounge, Inc. to operate a casino at Cavanaugh's. Columbia Falls Lounge intends on utilizing the Fireside Lounge as a casino, operated separately from the one that exists near the lobby area of hotel. Cavanaugh's is currently zoned under the Central Business, B-4 classification of the Kalispell Zoning Ordinance. Bars, taverns, cocktail lounges, and clubs are permitted uses under the classification. Casinos are conditional uses in that zone. Unfortunately neither Chapter 27.34 (Conditional Use Permit) or Chapter 27.35 (Additional Requirements for Specific Conditional Uses) do not contain any performance standards for the location of a casino. Therefore, grants of conditional use for casinos never contain any meaningful conditions regulating operation. Under state law, casinos may be located in establishments licensed for on -premises consumption of alcoholic beverages. Licensing of gaming is subject to state law and to regulations promulgated by the Department of Justice. Local regulation of casinos to a large extent has been preempted by the State of Montana. § 23-5-171, MCA states as follows: Authority of local governments to regulate gambling. (1) A local government may not license or regulate a form of gambling authorized by parts 1 through 8 of this chapter or assess or charge any fees or taxes unless specifically authorized by statute. H:\att\wp\casinoop.wpd (2) An incorporated city or town may enact an ordinance or resolution zoning certain areas within its incorporated limits in which gambling is prohibited.... It is axiomatic that a local government with general government powers has only that authority conferred upon it by state law. Under § 23-5-171, MCA, a municipality has the authority to prohibit the location of casinos -in any zone it desires. It is doubtful that City authority to regulate casinos extends beyond what is set forth in § 23-5-171, MCA. Insofar as the Kalispell Zoning Ordinance makes casinos a conditional use, without conditions, makes little sense. The automatic granting of CUP's for casinos probably is the best alternative available under current law. This office is aware of a case Town Pump Inc. vs Board of Adjustment of City of Red Lodge, wherein the retroactive application of a development code making taverns conditional uses in an effort to regulate gaming was upheld. However, any attempt to regulate casinos separate from bars, taverns, etc. is subject to the preemption challenge and perhaps an equal protection argument. For purposes of the Columbia Falls Lounge application, this office would advise the Council to adopt a motion granting the conditional use. In reviewing the application, the City staff could find no facts under the Ordinance supporting a denial. In this case it is wise to follow staff's counsel. H:\att\wp\casinoop.wpd City of Kalispell P. 0. 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. 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. H:\attsect\wp\cup\c falls lounge.wpd 1 SECTION II. The conditional use permit is valid for a period of 18 months from the date of authorization. Dated this day of July, 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 VI .d Regional Development Office Kalispell, Montana 59901 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 ty Punning Board 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 Firm, Box 546, Kalispell MT 59903 Theresa White, Kalispell City Clerk HA... \TRANSIT\KAI.ISPEL\99\KCU9904 COLUM33U FALLS LOUNGE, INC. CONDITIONAL .1 ' is i,"�wrl '• i . '. • ' • 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. COI. IA FALLS LOUNGE, INC. FLATHEAD REGIONAL DEVELOPMENT OFFICE CONDITIONAL USE PERAUT STAFF REPORT KCU-99-5 Y 4, 1999 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 planting board will forward a recommendation to the City Council for final action. 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 andLocation: 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. Nature 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. Existing 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 Svace: 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. 2 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. 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. Signage: 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 3. 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 Neigixborhood 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 QWWERS 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 J 98 \KCU99-5 �I CROWLEY, HAUGHEY, HANSON, TOOLE & DIETRICH P,L.L,P. ATTORNEYS AT LAW ESTABLISHED 189E KA11SFEr.L 401 PMST AVMMZ KBS 1 P.Q. BOX 750 DA mL D. jol lNs KAt r. 1)(ONTANA PHONE(408) 739-66" PAX (406) 788.8106 e-mail: djohns@crowkytaw.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: APOL!CA i !ON ! A-r.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. Daniel D. Johns DDJ:ds Enclosures cc: Jason Gerke, Town Pump BILLINGS: 400 NORTH 31ST STREET • P.O. BOX 9520 - BILLINGS. XONTANA 59103-9529 • PHO%-E (406) as2.3 41 HEL.ENA: 100 NORTH PARK AVENUE • SL'fTE 300 • P.O. BOX 797 • HELENA. MONTANA 50624 PHONE (406) 449-4165 WILLISTON: IL3 EAST BROADWAY • PA. BOX 1206 - WILLISTON. NORTH DAKOTA 56602-1206 PROVE (701) 572-2200 Flathead Regional Development Office 723 51h Ave. East r:, 424 Kall A.. Phone: i r. vv ? i 4# ,. APPLICATION FOR CONDITIONALUSE (CATION MATERIAL CITY OF KALISPELL PROPOSED USE: Casino ' APR • 5 1999 ; OWNER(S) OF RECORD: l Name' Cavanaugh's Hospitality Limited Partnership'"` Mailing Address: 1701 Highway 93 South Attn: Tom Meyer F. R. D. 0. 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: Columbia Falls Lounge Corporation Mailing Address: c/o Crowley, Hau{��heg� Ran. nnTome & plarri h Attn., Daniel D. Johns City/State/Zip: Kalispell, MT 59903 Phone: 752-6644 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. 1. 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. L Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation C. Off-stvet parking and loading. d. Refuse and service areas. e. utilities. Screening • • buffering. g. Signs, yards and other open spaces. •Height,bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional.. requirements (consult_ i • 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. Applicant ignatut Date Rc zsed 10/00/971s 2 Exhibit A Conditional Use Permit Application: Cavanaugh's Center M&H 3. Discuss the following topics: addition of the conditional use permit wili significantly effect existing hidlic on the c. Off-street Aarkiniz and loading. Off-street parking and loading are adequate and already provided as part of the shopping mall and convention center development. d. Refuse and service areas. Refuse and service will be provided through the north entrance to the proposed site, similar to what is presently in existence. e. Wities. 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. Signs. vaards 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 of2ropgsed open space uses. Not applicable. I doors and manner of operation The property will be managed by Columbia Falls Lounge Corporation, a Montana corporation, and its hours of operation wdl comply with laws applicable to establishments possessing both liquor and gaming licenses. The motel lobby, off which the internal access exists, is staffed 24 hours a day. 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 following list of landowners within 150 feet of the pro rty lines of the property that is the subject of the application. Date: lq 9 9 Amessor's S-T-R Lot/Tract No. No. SEE ATTACHED LIST Property Owner & Mail Address APPLICANT 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 PARTICIPANT DANIEL D JOHNS C/O CROWLEY HAUGHEY HANSON TOOLE & DIETRICH PO BOX 546 KALISPELL MT 59903 SUBJECT PROPERTY Ti .CAB t T/v. . 88 A -7-as-.Al TRACT # ASSESSOR # OWNER/AWRESS Lo+ -7, $lock-% . FL%+f ad. s+%.,es 4;t -tfu -t-I mJUca.ppek Kauspai P-0.13o x Ii u& rr03$pO9 KaGspet(, VKT,. 59903-t9tto t',o+ 8, BtocJc 3a Flm+keo& s-ti,;" Kal�'spt.11 E000�9�. 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Wa-1isp¢lt, YKT• 599oi-gOq,9 Lorsvt7,Lois tcil;tc� C.�r»;tcd +�a,t�st�itsk4p tAvaKaujkr ¢-{os�,WA. 9-1v Block O�30500 .201 W. 4dr-t4% .�1 - St. Kat,spctt Spo�ar+*, wA • 419 A0l — Lots 15-10, HerroK %um,& Deve-lopmertt 6tocl: 06, *7 10 3 P.O. Box 9 aoo KcLt;spc it Kai Spelt , MT S99o� -�soo Lot M,WCk,2 psy0l�5o ?k; P D. rttttt Kat;spctl �5 ts'r Aa tJ tJ• Kal;S Pe tt, yxT Si4ot - +joy! Lots tb - 9, D; Vt.rS; •Fred Cor_pom+i&A -- 81 ocK AV , 0 -7 a I to `4O �• O •�t� S, - K&t;spelt Wercotchet.4 wA. gSf0'7-,2v59 Lots 10 -1 a , "iit t S;re k LA w, 8locic av, 0*7y085l 1415 LaUv:eW tdAe rnT. 59937 L,ofs;& 114"go :,aI t MoKtaK4 •First Na+tlaK ort Bstrn SS �lortH VYtain Block AS, Ka.t► spe It OOai��o0 Xat; spe It , MT. 6a5ol - 4o 13 /W0AtdrLA +skit se. :EKvcs•tt "em Hoid . rtgs co. LLc- !oKdo - 0759 Q90 155 W. T'kt rd U1,; t �55 ..s+ t f n• Tem�a.pt , AZ. 85181 a.ttty �}4o�ta�aR lJtst EG xy%vt stm t rtt f4o ld K9 s Co. t_L_C =,arcd.e- Ocii!o00(0 155U)•Third L/Lh;f 155 -'LA; t a taban Tempe, A2. 85a8t -0t a, Block 3 tQ� chard N . + Gtaol.:�s B. 6r4.L 'S'alis ett P 030alo 1 ,'I:S20 #-{w�. � U3, KaL(I spaIt YKT• 545a1 - -i3o-7 , .ot 3, Block 3s. Barba.ro- A .:'i*tz wd- to r iatispttl o58tog55 at5 Dovier +brain ►114 Mr. S49a0-9705 , iQoI,ts,A1=A Robce K., (2obirtson i. as'af tots 0739951 &oo S. Toys Lat..t Dr. Aoctc 31 Kal'set (! WT. 5910 l -14410 _ots it 1aL, Songs .SMves+wlen f$ LLP 31oc.k 3s 0330300 3 q o W. Center Srt • t-Sc�1;3Pt11 K40aspill, YnT. SgSai _ots 9t/0, caPpe 3tooc.k 30-• E03 $94AX P. o • Box 191% -SaI;SPt;tI Kat;spetl, YKT. 59903-t4ti6 LotS It t 17 . A A So -CAc . a- °- 33 093c, sa 38 tv. canner St. f'CL..,sPt 11 K401 spt 11 , YYtT• S9901 Lot to, AVenue_ Wtst Prc4z-S5l"at BUS - 31oc1c 33 OgS345o (Box 143 Kat;spelt Ked spell, YKT- 6g9o3-01443 Lot 4 , _ . 0 No 715 p a Aut n V.- West tiro I~ess i c K& t htai . }Block 33 a;t and 14,M. Uj. * alo0 ,a Katiseec! KedisP4II , MT- S990 l - 4q to Cots t+a, Faraf¢-+ ss4acea ies Lct $lock 33 6597-750 a0(e LA) . Ce Ytter St- Kal;sp#.11 Kati s pe ll , YKT. - 59501 Lot 3 t N'!a rf nd j} vjnL4 t falter Pro �tssn'ax 1 3lat� . Lot q, $loct 33 0 a -7 ?9 0 S tad X t y3 KatlSp411_ 0.t; spe u, MT. 59903 -01143 5'/a o (,a-f q 14 E rK Pro p4e r-h't s Block 33 0,5go9&0 P.O• SOX 518 �<AlispeII Kalispell, KAT. 599a 3 -0518 , -Of f F W f KSt0 K 71 • 4,( tit `%%t Gi R.r t -; , P Lt 1 . 0 $ 9 rL4 6 0 First -Tn-t&-ta.-te B41tk -168 17 * IS P. 0 . Box ?& 1 31xt34,41;spell Poison YKT. 59S(c0-0-71ol t i to s f RrSt .2xt State & nk �C I spot An+d . 017 3750 AD9a reamon& Doti ;"-tb,117t1Y 1P.O.s30x 3c9jt 31od W. weir U B;1tI rt s YK-r. 59 m6 -Oq I? Lot 16, t3toct 3y RrSt SK-terstate Bank AD % e-A rv"rwa 37a t l i'i'altsPtti OP;.3 -751 P.O. Bo X 30919 Bi llin5s, VWT. 59 tr(o -OW Cots 1 , a + 149�L 0000911 3os k L . + SLtzanne C . Abbresci-a- ; of Got 3, &ock 3`1, Kce.tispeti 1 -. rs+ tiv#- . WeSt Katispetl YKT. 59901-'4ggo 15'3ar -Lot 3,att -osejok L. +- SUZ4 Mt 01. AbbresCic- ft�tK,tcot5 R iaP rst vp. West -10cZ -34 }iall'sp lit , YKT. 59501-ggyo 3 to'of c • ya'ef ', l Il iam T. Dawson _ot 5, + Aii o�Lts tlt, 'rock 3� OOy 06S o ;ty i sr Ave . LJ . -- i z1l Kali sp4 tl , YKT. 59901- 44c(y4o fz t&AA "St Og7!o�� EC Sr`VeStVNQKt -r7oldirt9S CO. LLC. A"- 15S W.Tin;rd Un;t ass -`tt3 *'' Tempt , Az. 95a81 Cat 13A of �olvt�c. P'raPPA-h'¢s LLC. K4LI;spttl Awj 0054 850 P.O. BOX a#438 L13'114 ?'S L�'berat ► KS . (a79r,5-Ay3$ Lots 1 * a df K414e1t E03970---4 C';- j of 4<al1spt tt WarckdUSR .3.KdfAS-h1es =KC. DeA T►`o!1Syvtans 01arice t Place P.o .Drawe r 199i Pt1.2 iKal;s eft, VKT. Sgg03-199j `Ct . ZAA EOA9 also c i-fij e-FKa-Uspe tl _. P.O • E36X tR97 ., Kdt.le s pe tt , VKT. 'S9903 -19 4 i Lots l .,;L t 3 L.et Dia sf-yri b 4irt� Blocfc 151 Oq 21-791 P.®. Ao x Kdtti spstt Ka,[ i sp eli, MT. 5, 9,03 - 0 q 4 Lots /o, it f t2. 0. + bonne it A • ?'►`rxrr� Sloe-k 154 O $ -7A 00 NOL E. APecklaus Avt • Ka[;spin Rdd•I Ka.L±spell ► MT. 5490t . Lot A of CM* Ll�p t4atIspcu mod. 8tocx3l c7� t So P. o • 3ox 983 J t,at 3 �{ca,CisPel� ti mr. 59 9a 3 -0883 Lot q,Block if 1e.b+ttt L . (?,orrlet[ %?evocable Liv,'vtTrust K&Uspetl 30 01 & 15 14q5 '7+h Ave. E.M. Kalispell, YKT. S9901-311140 LO+I , B)OCX3A le. e . Beatt Ka[is ¢Il P O A A;L11' 5810 pfwy . 93 Sou+ti Wh;tc-Fish_, MT. 59937-8cfry L otS ,2 3 t241, Block 35 llialispeit 3tock 36 iKaUspa l l Block 35 Xed;spa ll -ot s t 'I tit, 3lock 35 %tlispe tt _Ots 1- 2, 3tock 35 '<allSpell 01 &0750 Ot(o0700 01(o0g00 F;rst - Ktcrstafe Bank of Ka.tisp¢u ADOW 01iche He, Frenzel P.0 . Box 3091 t $i tlilt js, m-r. 54 t 1(0 - Oq 1 8 F1 rs'1- --r.vt-tersf&-te $ant a f Kal► s pe if AD4Yo W;chalet FreAut ?"0 - Sox 3o4+8 8;11;+yS , YKT. 59 11(o -091 Q first Sntetstate f 4n.k o-' Kalispell AD*/i 124rnon4. Doti P.O. Box 30418 81 Ilings, Mr. 59 tito-Oqt$ First intcrstate Bank of Ka(ispetl AD% nichetle Frenzel P O . Sox 30gIS Sillixr3s, MT. S"ltt(o -0918 Firstsrrtf-rs+ate Bank op Kalispell A Do/. RA ►Warta j)O t 1 P.O • So x 3091 r 5 # llia95, rxT. 5 9 t 1& - 04U S W. 36'aFCot y deli ►t �"D%«eso-x �� 3! k 3 A- O y 3 5 q t tR 3 So k Ksox CGa7t.."t1 a Gt b u� t t P.O. 8a x sto i LA,USjd t wm.T- S9`1 zz -oa do t Lof 3r Ex • S/(o ; el a va.K MA; n B"I t Ai Ki Par+n eask: P Stan' Et4o'.f CIIA2-7(00 tt waive S't. L.4t ", gi°ct3 i�a(�'spa it , YKT. 599Di - 4t1 u9 K6i.(eS ¢tl Lots +JL4+, s D.be.Denvrark �Db 81S pOSt :rOsS;rt5al, t3lock 3 t. = )"u.i;spt [I , Yi'iT. 59901 W-100'+A1. 6'f '+� IedtK MA:I " SK; Id" rc� artne� sh.�•p E• 6/0 Lo t � 3 , D 2 Z 2 '�i��+ K St K,sck I ria(it , YKT- 59 101 - g449 Cots Is,14 t-o, Ham; (. Ste V IKs ts. f.'•of Lotvt Btoct 3L ®? $0800 P.O . Box 3 a. , Kat;spatl KzI,sp4u, YxT. 599o3- ®03� Lo-r 3A of Owed • o t Pmrk pa ri-yw s t_.1.C. 3 3lor'L 3t ty OOO mt.0 Q3- 1$ N . t'Y[tt�dt-ict�t Ka. i E`s e l l Koo (s e it I YY1T . $g 9 0[ s ', `♦ 7, D2po t Park farmers LLG F3i` c 3G. too o o 151 Al. M a r;d l` a n Kalispeii Ka.lIsPcll YAT. 67990 Lot 10 S. r5 avK Al. + Sk; rl e.� D - f�ar'bortnraµ 11 $tact 3 t O / � 7 �l $O 19 5 � 1�� • W tS�cl E s eii - 1-;a[ s p e it , r'i'1 T • 51110 t - 3 y '] N• 35'0-r Cotrt, Ti`rne-tfj T. t Deane C - Sokns+� $1 ock 31 p O & 2 9 3 5 [ ( Sth g ,,e , U) . fiat;spetI K4issPett , YXT• 599ot-y3y? Lot /s, Black ifo.,i n eK& 12 • Moss, Sr.) t ?&-tl, E . 'Coss 3t,Jrdtisee [i 07q&-7L/O IKoXspeil, 3 Sfh five.i,J. MT. 59Sot-y3q-7 `,�-. Sow s I. Tad C -tk O.arcs e n A` Lot9, O�OI ?50 P.O. 13ox -7g9 K.. s tit Lovelock, NV. R9419-079g St 5a n 17aseyt 6 aw p"4 ) t.at 8 EX. ;. t.' of 6lor.Y31 Ogaglyp Dav;d A . t Susan L. t}olst 4f"K+rac.+ bw5ef� t ► t 1 i Kat +spell , NiI T. 5 9 9 03 - a'71 1 d-' Lot 9 , Su.sa.K D . Dase,z Ccwne.4-) 31ccc31 Day.`d A. 1- 5ks4.rA L- Hoist 6con'traLt --; [,,Sp ul O / 89 1 SO P.O. Sox SL-18 Kalisoe u i' r. S990 3 - .a181 Lot ofAn%. CavaKA a ks f}o��t0d-ty Llr-A td LA,3,44,5**(o * o� et 3o55o '2ol W. Nortf, va- D,r' Ab" . 5-t., &o sQoKant , W A AS, 1'tal+sett) Lots -7-IA T C'GIviK Prorer-Kts lLC Pry. all" -S-tare -4ft 201 , P.o • Sox -2 45 8 Block 2.5 ©/!00 �S 1 4- bare.LI, kS. l0-)9o$-,2y38 iitt.l�sPeU _-__-- exs k; p NOTICE OF PUBLIC HEARING �. I a 1 t E • • •, -1: t ._ T-. • Annexation and Conditional Use Permit for Mini -Storage - Appleway Drive Zone Change from RA-! and I -!to B-2 on Seventh Ave. E.R. RA-1 Text Amendment to Side Yard Setbacks Casino in Kalispell Center Mall Conditional Use Permit Ridgewood Terrace Mobile Roane Park Expansion Preliminary Plat Zone Change from R 1 to B-2 on Elighway 35 The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, Way 11, 1999, 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, east of its intersection with Highway 2 West approximately one quarter of a mile. 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. 3. A request by Bob Cherot, Phil Neuharth and Bruce Young for a zone change from RA-1, Low Density Residential Apartment, and I-1, Light 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 3013B (1-1 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. 5. 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 budding. 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 comer 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 Corarnissioners 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 acres with approximately 1.972 acres devoted to lots. The property can be described as Lots 1, 2, and 3, Block 4, n'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. ?. 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 minimum 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 descnbed 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. brabo'j 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. COL IA 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 EMARING 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 Boar Minutes of meeting May 11, 1999` Page 9 of 9