3. Conditional Use Permit - DewGood, LLCPLANNING FOR THE FUTURE
SUBJECT
MEETING DATE:
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Doug Russell, City Manager �W
PJ Sorensen, Kalispell Planning Dept
KCU13-01 — Conditional Use Permit - Brannigan's (accessory casino)
March 4, 2013
BACKGROUND: The Kalispell City Planning Board met on February 12, 2013, and held a public
hearing to consider a request by Dewgood, LLC, for a conditional use permit to allow an expansion
to an existing restaurant to accommodate an accessory casino.
The property is located at 101 East Center Street (Site of the Loading Dock building) at the northeast
corner of the intersection of First Avenue EN and East Center Street. Brannigan's Pub currently
occupies the west '/ of the main floor of the Loading Dock. The owner of Brannigan's is requesting
the conditional use permit to operate a casino (approximately 616 square foot casino gaming area and
480 square foot card room) on the second floor of the Loading Dock, above the existing Brannigan's
pub. They currently occupy 2700 square feet on the main floor with a restaurant and bar. They hope
to expand onto the second floor, with 2600 additional square feet, for a total floor area of 5300 square
feet. The expansion onto the second floor would include additional seating and a private dining area
that can be closed off for private functions, as well as the two gaming areas: one for machines and
one for a card room.
Under city zoning regulations, casinos (defined as any form of legalized gambling, with a few
exceptions) must be located at least 300 feet away from churches, schools, parks, city residential
zones, and other casinos unless they meet certain requirements outlined in the ordinance. One of
those requirements is that the proposed floor area of the accessory casino cannot be greater than 10%
of the proposed use, which is why there is an accompanying request to amend the zoning ordinance
to increase the allowable percentage to 20%. Due to the location of Depot Park across the street, they
are limited to no more than the amount of casino floor area provided for in the ordinance. The
proposed conditional use permit for the accessory casino shows a casino with a floor area of 20%. If
the council does not approve the proposed zoning text amendment and the casino floor area standard
remains at 10%, condition #5 of the attached conditional use permit would require the applicant to
merely reduce the floor area of his proposed casino to comply with the 10% floor area standard.
As an existing building within a developed area, all city services are available to the property and no
additional infrastructure is necessary, although fire sprinkling will likely need be added to the building
as part of the building permit and the curb along Center Street should be painted yellow in order to
comply with city standards.
The zoning ordinance contains several specific design standards when an accessory casino is proposed
within the 300 foot separation requirement. Each standard was reviewed by the Planning Board at the
hearing on the proposal:
a. Floor Area: The current ordinance caps the amount of floor area used for an accessory
casino at 10%. The applicant has also submitted a request to increase that maximum to 20%.
If the text amendment is approved, the applicant could meet the new standard with this
proposal. If the text amendment is not approved, the conditional use permit can still be
approved with a limitation of 10%, which would then require the applicant to reduce the
floor area to meet the 10% standard.
b. Internal Screening: Casino areas should be generally shielded or screened from view
of the restaurant and patrons. This proposal puts the casino on the second floor away from
the main dining area. It also screens the card room and machine areas on the second floor
from the dining areas on the floor. The screening should extend from floor to ceiling.
c. Si a e: Certain types of external signage may be limited or prohibited if it contains teens
or references to casinos or gambling. Neon lighting may also be limited or prohibited. The
application includes a proposed casino sign with 24 inch letters on the south facing wall of
the building. A sign permit will need to be obtained prior to installing the sign.
d. Entrances: The only accesses to the casino would be by way of an interior staircase between
Brannigan's and the neighboring tenant, and a handicap -accessible route through the elevator
on the east end of the building. The number and location of the proposed entrances appears
to be reasonable.
e. Landscaping_ Additional landscape buffering can be required between the casino and
adjacent land uses. This requirement is typically more of a consideration when there is a
need to buffer a residential area or similar use. In an existing commercial area surrounded by
primarily retail uses, there isn't a particular need for landscaping beyond what is existing.
Based on the foregoing, the following conditions of approval were reviewed by the Planning Board
during its consideration of the proposal:
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. The building permit submittal shall substantially comply with the approved plan.
3. In order to comply with building and fire code requirements, a fire sprinkler system shall be
installed throughout the entire building in accordance with applicable design requirements, or, if
other options are available under the codes, those measures may be implemented as an
alternative.
4. The curb long the entire Center Street frontage of the Loading Dock shall be painted yellow.
The contractor shall obtain a right-of-way permit from the Public Works Department prior to
commencing the work.
5. The card room and video gaming room cannot exceed 20% of the overall floor area of the entire
Brannigan's use in the event the zoning ordinance is amended to allow up to 20% of the floor
area to be used, or no more than 10% of the overall floor area in the event that the current
language is not changed.
6. Casino areas on the second floor (i.e. the card room and video gaming room) shall be shielded
from view of the dining area located on the second floor. The screening shall consist of floor to
ceiling separations.
7. Except for the single wall sign indicated in the application, exterior signage cannot include (a)
terms such as gaming, gambling, cards, dice, chance, etc.; (b) any reference to any associated
activity or any symbol or word commonly associated with gaming; or (c) any words, terms,
figures, art work, or features intended or designed to attract attention to the fact that a casino is
on site. For purposes of this condition, exterior signage would include any signs mounted in
windows or otherwise visible from the exterior of the building.
8. Neon lighting on the building is prohibited.
No one spoke at the public hearing regarding the amendment, although one written comment was
submitted and provided to the Planning Board at the hearing in conjunction with the related zoning
text amendment. The proposal was forwarded to the Council with a positive recommendation on a 4-
1 vote.
RECOMMENDATION: A motion to approve the conditional use permit.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
PJ Sorensen
Kalispell Planning Dept
Report compiled: February 25, 2013
c: Theresa White, Kalispell City Clerk
c: DewGood, LLC, P.O.Box 10007, Kalispell, MT 59904
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: DewGood, LLC
PO Box 10007
Kalispell, MT 59904
(406) 752-5411
LEGAL DESCRIPTION: Lot I of Kalispell Market Place Phase III
ZONE: Central Business, B-4
The applicant has applied to the City of Kalispell for a conditional use permit to operate an accessory
casino on the second floor of the Loading Dock above the existing Brannigan's Pub, in the B-4 zoning district.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on February
12, 2013, held a public hearing on the application, took public comment and recommended that the application
be approved subject to eight conditions.
After reviewing the application, the record, the KPD report, and after duly considering the matter, the
City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell
Planning Department Conditional Use Report #KCU- 13-01 as the Council's findings of fact, and issues and
grants to the above -described real property a conditional use permit to operate an accessory casino on the
second floor of the Loading Dock in the Central Business, B-4 zoning district subject to the following
conditions:
On -going 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.
Prior to the issuance of a building permit:
2. The building permit submittal shall substantially comply with the approved plan.
Prior to the issuance of a Certificate of Occupancy:
In order to comply with building and fire code requirements, a fire sprinkler system shall be installed
throughout the entire building in accordance with applicable design requirements, or, if other options
are available under the codes, those measures may be implemented as an alternative.
4. The curb along the entire Center Street frontage of the Loading Dock shall be painted yellow. The
contractor shall obtain a right-of-way permit from the Public Works Department prior to commencing
the work.
Requirements for a specific conditional use (accessory casino):
The card room and video gaming room cannot exceed 20% of the overall floor area of the entire
Brannigan's use in the event the zoning ordinance is amended to allow up to 20% of the floor area to be
used, or no more than 10% of the overall floor area in the event that the current language is not changed.
Casino areas on the second floor (i.e. the card room and video gaming room) shall be shielded from view
of the dining area located on the second floor. The screening shall consist of floor to ceiling separations.
7. Except for the single wall sign indicated in the application, exterior signage cannot include (a) teens such
as gaming, gambling, cards, dice, chance, etc.; (b) any reference to any associated activity or any symbol
or word commonly associated with gaming; or (c) any words, terms, figures, art work, or features
intended or designed to attract attention to the fact that a casino is on site. For purposes of this condition,
exterior signage would include any signs mounted in windows or otherwise visible from the exterior of
the building.
Neon lighting on the building is prohibited.
Dated this 4th day of March, 2013.
kWUNIM01=16MI-WOU
: ss
County of Flathead
Tammi Fisher
Mayor
On this day of , 2013 before me, a Notary Public, personally appeared
Tammi Fisher, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and
year first above written.
Notary Public, State of Montana
Printed Name:
Residing at Kalispell, Montana
My Commission Expires
i
MElf-IIIEST FOR A COT;DITIOTIAL-JISE PE10117iff
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-13-01
FEBRUARY 12,2013
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a
conditional use permit to allow an accessory casino in an existing restaurantibar in the downtown area. A
public hearing on this matter has been scheduled before the Planning Board for February 12, 2013, beginning
at 7:00 PM, in the, Kalispell City Council Chambers. The planning board will forward a recommendation to
the Kalispell City Council for final action.
Petitioner: DewGood, LLC
PO Box 10007
Kalispell, MT 59901
(406) 752-5411
Size and Location: The property is located at 101 East Center Street (Site of Loading Dock building) at
the northeast comer of the intersection of First Avenue EN and East Center Street. Brannigan's Pub
currently occupies the west V4of the main floor of Loading Dock. The property can be legally described
as Lot 1 of Kalispell Market Place Phase 111.
Figure 1: Approved plat
A. Summary of Request: The owner of Brannigan's is requesting the conditional use permit to
operate a casino (approximately 616 square foot casino gaming area and 480 square foot card
room) on the second floor of the Loading Dock, above the existing Brannigan's pub. They
currently occupy 2700 square feet on the main floor with a restaurant and bar. They hope to
expand onto the second floor, with 2600 additional square feet, for a total floor area of 5300
square feet. The expansion onto the second floor would include additional seating and a private
dining area that can be closed off for private functions, as well as the two gaming areas: one for
machines and one for a card room.
Under city zoning regulations, casinos (defined as any form of legalized gambling, with a few
exceptions) must be located at least 300 feet away from churches, schools, parks, city residential
zones, and other casinos unless they meet certain requirements outlined in the ordinance. One of
those requirements is that the proposed floor area of the accessory casino cannot be greater than
10% of the proposed use, which is why there is an accompanying request to amend the zoning
ordinance to increase the allowable percentage to 20%. Due to the location of Depot Park across
the street, they are limited to no more than the amount of casino floor area provided for in the
ordinance. If the proposed amendment is approved, this proposed conditional use permit could
meet the new standard. If it is not approved, the proposed use, in its current form, could not meet
the 10% standard and would need to be withdrawn or modified.
B. Existing Land Use and Zoning: The site is zoned B-4 (Central Business). It contains a mixed use
building with the restaurant that is the subject of this application, a retail store, beauty salon, and a
bakery that will open soon.
Figure 2: Photo of building
2
C. Adjacent Land Uses and Zoning: The immediate area is characterized by a mix of commercial
development. North of the site, across the railroad tracks, is a paint store and supermarket. West of
the site is Depot Park and east of the site is a bank drive-thru. South of the site is a mix of retail
businesses and offices.
Figure 2: Aerial view of the project site and adjacent properties
D. Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the project site as
Commercial, which provides the basis for the B-4 zoning designation. The growth policy map lists
uses such as retail, offices, services, and mixed use developments as appropriate land uses in the
Commercial land use designation. The requested conditional use permit to use the property for an
accessory casino in a restaurant/bar is an appropriate land use for the property.
E. Utilities/Services:
Sewer service:
City of Kalispell
Water service:
City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Northwestern Energy
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
3
Fire: Kalispell Fire Department
Schools: School District #5, Kalispell
EVALUATION OF THE REQUEST
This application has been reviewed in accordance with the conditional use review criteria in the Kalispell
Zoning Ordinance.
1. Site Suitability:
a. Adequate Useable Space: The property is approximately 1.2 acres in size and contains the
Loading Dock, which is a mixed -use building that at one time was the railroad depot. The lot
also contains an existing parking lot that provides parking for the building.
b. Adequate Access: Existing accesses to the property are from the west (ls` Avenue EN) and
from the south (East Center Street). The access from I" Avenue EN is a shared access called
Railroad Street and serves properties running from the Loading Dock to the Depot Place
apartments currently under construction. The Center Street access is a shared access with the
Glacier Bank drive-thru. There is adequate access to serve the building.
C. Environmental Constraints: There are no obvious environmental constraints apparent on the
property which could affect the proposed use.
d. Height, bulk and location of the building_ The building is existing. It is approximately 30
feet tall. There are two floors plus a basement. The main floor is 8622 square feet, with a
total amount of floor area of 21,743 square feet. The building is situated near the property
lines on 1" Avenue and Center Street (no setbacks are required in the B-4 zone).
2. Appropriate Design:
a. Parking Scheme/Loading Areas: In conjunction with recent building permits issued for the
property, the parking lot was reviewed and approved for a mixed -use development. It meets
the requirements of the zoning ordinance and is adequate to meet the needs of the proposed
use.
b. Traffic Circulation: The existing accesses onto 1" Avenue EN and East Center Street, as well
as the driving lanes on -site, provide sufficient access for the property.
C. Qpen Space: Specific open space is not required for this use in this zone, but the majority of
the lot excluding the building is occupied with parking areas and landscaping.
d. Fencing/Screening/Landscaping: As an existing developed property, the landscaping on the
property is already established. There was additional landscaping added to the site along
Center Street with recent redevelopment of the property.
e. Signage: Signage for Brannigan's was previously issued a permit and installed in compliance
with city sign regulations. They anticipate installing an additional sign for the casino on the
4
south wall of the building with 24 inch letters. The signage is noted on the building elevation
drawings submitted with the application.
f. Lighting_ Section 27.26.030 of the Kalispell Zoning Ordinance sets standards for all outdoor
lighting on commercial or residential structures. Recent phases of redevelopment of the
building were reviewed for compliance with the ordinance. No new exterior lighting is
planned in conjunction with the proposed use.
3. Availability of Public Services/Facilities:
a. Schools: This site is within the boundaries of School District #5. No impact is anticipated
with the proposed use.
b. Parks and Recreation: There should be no significant increase in demand on the parks and
recreation programs and facilities as a result of this use.
C. Police: Police protection will be provided by the Kalispell Police Department. No unusual
impacts or needs are anticipated from the proposed use.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. There is
an existing fire hydrant located to the southwest of the building across Center Street. Fire
sprinkling will be added to the building as part of the building permit necessary for further
improvements in the building.
e. Water: City water currently serves the property. The city has an 18-inch water main within
the East Center Street right-of-way. There is sufficient capacity within this water main to
serve the proposed use. No significant change in the impact on water services can be
anticipated as a result of this use.
f. Sewer: Sewer service is currently provided by the city.
g. Storm Water Drainage: The site has an existing parking lot and building which were
reviewed by the Public Works Department for adequate drainage during a recent phase of the
redevelopment project.
h. Solid Waste: Solid waste pick-up is provided by the City. There is an existing dumpster
located in the northwest corner of the property.
i. Streets: East Center Street is located along the south boundary of the project site with First
Avenue EN on the project site's west boundary. A private roadway (Railroad Street) is
located along the north boundary of the project site.
East Center Street is classified as a minor arterial in the Kalispell Area Transportation Plan
(2006 Update). East Center Street is a three lane street along the project site and has traffic
volumes of approximately 6,000 vehicles per day based on the transportation plan. The plan
notes that a three lane street can accommodate traffic volumes of 12,000 to 18,000 vehicles
per day. The right-of-way width for the section of East Center Street along the project site is
50-feet and includes curb and gutter on both sides of the street with an 8-foot sidewalk on the
F1
street's south side and a five foot sidewalk on the north side, adjacent to the property. The
curb along Center Street should be painted yellow in order to comply with city standards.
Sidewalks: Sidewalks are provided along both street frontages, including a sidewalk along
Center Street that was recently installed in conjunction with the interior remodel of the
building.
4. Neighborhood impacts: The site is located in a well -established commmercial area. Its impact on
neighboring properties is anticipated to be consistent with other uses in the area, which include retail,
offices, restaurants, banks, and other similar businesses. Many of those businesses also operate with
both daytime and nighttime hours, and the impact would be similar to what would normally be
expected in an area with nightlife available. It should also be noted that Brannigan's is an existing
restaurant/bar, and any impacts to the neighborhood beyond its existing impact are likely minimal.
5. Consideration of historical use patterns and recent changes: This area has historically
included a mix of light industrial and retail commercial uses, and the proposed use would continue
that pattern.
6. Effects on property values: No significant negative impacts on property values are anticipated.
7. Additional Requirements for Casinos:
a. Floor Area: The current ordinance caps the amount of floor area used for an accessory
casino at 10%. The applicant has also submitted a request to increase that maximum to 20%. If
the text amendment is approved, the applicant could meet the new standard with this proposal.
b. Internal Screening. Casino areas should be generally shielded or screened from view of
the restaurant and patrons. This proposal puts the casino on the second floor away from the main
dining area. It also screens the card room and machine areas on the second floor from the dining
areas on the floor. The screening should extend from floor to ceiling.
c. Si na e: Certain types of external signage may be limited or prohibited if it contains terms or
references to casinos or gambling. Neon lighting may also be limited or prohibited. The
application includes a proposed casino sign on the south facing wall ofthe building. A sign
permit will need to be obtained prior to installing the sign.
d. Entrances: The only accesses to the casino would be by way of an interior staircase between
Brannigan's and the neighboring tenant, and a handicap -accessible route through the elevator on
the east end of the building. The number and location of the proposed entrances appears to be
reasonable.
e. Landscaping: Additional landscape buffering can be required between the casino and
adjacent land uses. This requirement is typically more of consideration when there is a need to
buffer a residential area or similar use. In an existing commercial area surrounded by primarily
retail uses, there isn't a particular need for landscaping beyond what is existing.
C
ftlm�1� Mll
The staff recommends that the planning board adopt the staff report #KCU-13-01 as findings of fact and
recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the
following conditions:
On -going conditions:
1. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
Prior to the issuance of a building permit:
2. The building permit submittal shall substantially comply with the approved plan.
Prior to certificate of occupancy:
3. In order to comply with building and fire code requirements, a fire sprinkler system shall be installed
throughout the entire building in accordance with applicable design requirements, or, if other options
are available under the codes, those measures may be implemented as an alternative.
4. The curb long the entire Center Street frontage of the Loading Dock shall be painted yellow. The
contractor shall obtain a right-of-way permit from the Public Works Department prior to
commencing the work.
R or a specific conditional use (accessory casino
Requirements f-
5. The card room and video gaming room cannot exceed 20% of the overall floor area of the
entire Brannigan's use in the event the zoning ordinance is amended to allow -up to 20% of
the floor area to be used, or no more than 10% of the overall floor area in the event that
the current language is not changed.
6. Casino areas on the second floor (i.e. the card room and video gaming room) shall be
shielded from view of the dining area located on the second floor. The screening shall
consist of floor to ceiling separations.
7. Except for the single wall sign indicated in the application, exterior signage cannot include
(a) terms such as gaming, gambling, cards, dice, chance, etc.; (b) any reference to any
associated activity or any symbol or word commonly associated with gaming; or (c) any
words, terms, figures, art work, or features intended or designed to attract attention to the
fact that a casino is on site. For purposes of this condition, exterior signage would include
any signs mounted in windows or otherwise visible from the exterior of the building.
8. Neon lighting on the building is prohibited.
M
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE:
OWNER(S) OF RECORD:
Name: —X Cc, F_ 14T
Mailing Address: qPlo Ec)x 13 C_—_ -) 0
City/State/Zip: R I PLE CC� SIC, Phone:
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: Z:�M\q cjo LLc
Mailing Address: -2c:>X I poo:7
City/State/Zip- K&U seE 11vvr i —Phone: -7 sz - 541 I
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range
Address: o I E& S-r CE nlr(� S—F No. ship No. Z I
Subdivision Tract Lot Block
Name: M PKf,-r No(s).— No(s). No ...... - . I -
Zoning District and Zoning Classification in which use is proposed:
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. CiDii*4 rc I ft
9- Proposed use(s) of structures and open areas. r4r_
h. Existing and proposed landscaping and fencing.
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 within the property.
C. Off-street parking and loading.
d. Refuse and service areas. S4-�UNJ
C. Utilities. L5 -rotw
f. Screening and buffering.
9. Signs, yards and other open spaces. %DLOVA ADMV-PE�p
h. Height, bulk and location of structures.1-40—
i. Location of proposed open space uses.
j Hours and manner of operation.
k. Nois
e, light, dust, odors, fumes and vibration.
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 Kalispell Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
Applicant Sign re Date
N .6 or ck-riWz
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SWANK ENTERPRISES
750 West Reserve Drive
P.O. Box 10007
KALISPELL, MONTANA 59904
(406) 752-5411
FAX (406) 756-8765
JOB
SHEET NO, OF
CALCULATED BY.
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CHECKED BY DATE
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I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where a conditional use permit and text
amendment has been requested.
Date:
S-T-R: 7-28-21
Property Owners/Owner Representative:
Dewgood,LLC
P.O. Box 10007
Kalispell, MT .,14
J. Gentry
• • Box 1300
• :
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.comtplanning
You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below
and will be most directly affected by its development. You have an opportunity to present your comments and
concerns to the Kalispell Planning Department. You may come into the office in person at the above address or you
may contact the office at (406) 758-7940 for additional information. Written comments may be submitted to the
Kalispell Planning Department prior to the submission date, or emailed to us at planning(n7kalispeli.com.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
February 12, 2013
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, February 12, 2013, beginning at 7:00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will
hold a public hearing and take public comments on the following agenda item. The Board will
make recommendations to the Kalispell City Council who will take final action.
1. A request by DewGood LLC for an amendment to Section 27.34.040 of the City of
Kalispell Zoning Regulations. Currently, the ordinance limits the maximum percentage
of floor area allowed for casinos as an accessory use (e.g. part of a bar or restaurant)
when located within 300 feet of churches, schools, parks, city residential zones, and other
casinos, to no more than ten percent. The request would increase the maximum
percentage to twenty percent.
2. A request from DewGood LLC for a conditional use permit to operate a casino in an
existing building zoned B-4 (Central Business). The property is located at 101 East
Center Street (Site of Loading Dock building) at the northeast corner of the intersection
of First Avenue EN and East Center Street. Brannigan's pub currently occupies the west
of the main floor of Loading Dock. The owner of Brannigan's is requesting the
conditional use permit to operate a casino (approximately 616 square foot casino gaming
area and 480 square foot card room) on the second floor of the Loading Dock, above
Brannigan's pub. The property can be legally described as Lot 1 of Kalispell Market
Place Phase III located in the SE % of Section 7 and the SW % of Section 8, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours. In addition, information on the agenda items is posted on our
website at www.kaliMell.comlplannin under "Planning Board Agenda & Staff Reports".
Dewgood, LLC J. Gentry Douglas &, Debbie Denmark
P.O. Box 10007 P.O. Box 1300 815 Rose Xing
Kalispell, MT 59904 Rifle, CO 81650 Kalispell, MT 59901
Llanberis, LLC
635 5th Street E
Kalispell, MT 59901
Still Renting, LLC
P.O. Box 842
Kalispell, MT 59903
James & Teri Florman
33 2nd Avenue E
Kalispell, MT 59901
WVP 1, LLC
17 1 st Avenue E
Kalispell, MT 59901
Diversified Global Group, Inc.
1375 Smith Lake Road
Kalispell, MT 59901
Brick & Mortar, LLC
P.O. Box 976
Kalispell, MT 59903
Kalispell Market Place Ptnrs
P.O. Box 80510
Billings, MT 59108
City of Kalispell
Warehouse Industries, Inc.
City Clerk
P.O. Box 1997
Kalispell, MT 59903
Depot Park Partners, LLC
157 N Meridian Rd
Kalispell, MT 59901
Schmid & Hulsander, LLC
Gregory Ellingson
24 1st Avenue E, Ste D
Kalispell, MT 59901
Colvin Properties, LLC
Attn: Store 209
P.O.Box 2438
Liberal, KS 67905
Carole Bealer
248 2nd Avenue W
Kalispell, MT 59901
Gaylene G. Birky
285 Hemler Creek Drive
Kalispell, MT 59901
Gentry Fmly Ltd Liability Ptnrs
P.O. Box 1300
Rifle, CO 81650
Glacier Bank
P.O. Box 27
Kalispell, MT 59903
Centurytel of MT, Inc. T146
Attn: Chris Stanfield
P.O. Box 7909
Overland Park, KS 66207
0 8&1T, LLC
P.O. Box 899
Kalispell, MT 59903
Red & Black, LLC
P.O. Box 955
Whitefish, MT 59937
JNJC Holdings, LLC
Attn: Satre 209
P.O. Box 2438
Liberal, KS 67905
William 8z; Muriel Hagerman
208 E Nicklaus Ave
Kalispell, MT 59901
Richard G. Goacher
P.O. Box 976
Kalispell, MT 59903
Ronald & Joanne McIntire, Etal
AD% Super I Foods
P.O. Box 10
Hayden, ID 83835
Martin Family Ltd Ptnsp
260 Glenwood Drive
Kalispell, MT 59901
Lucero Roybal Investments, LLC
3245 Highway 93 South
Kalispell, MT 59901
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THE PROPERTY IS LOCATED AT 101 E CENTER ST AND IS ZONED B-4
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PWT DAM 1/9/13
FILE# KCU-13-01 K-.\&\site\kcu13_01 Br&nWgans CaWno.dwg
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ATE OF MONTANA
FLATHEAD COUNTY
VIT OF PUBLICATION
J I jE ROONEY BEINGDT-JLY
N, DEPOSES AND SAYS: 1.11ATHE IS THE LEGAL
CLERK OF THE DAILY INTER LAKE A DAILY
NEWSPAPER OF G'ENERAL CI.R(-','T-JL..A'F'ION, PRINTED AND
PUBLISI-IID INT.1-1E CITY OFKALISPELL, IN THE
COUNTY OF FLATHEAD, STATE OFMONTANA, AND
, I "HATNO.204041
LEGAL ADVEWrISMENTWAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF
SAID PAPER, AND IN EAC"F1 AND EVERY COPY THEREOF
ON THE DATES Of January 27,2013.
AND THE RATE C.FIARGED FOR. THE ABOVE.
PRINTING DOES NOT EXCEED THE MINIMUM
GOIN(31 RATE CHARGED TO ANY OTHER
ADVERTISER. FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE T)PE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and sworrt to
Befbre me this January 28, 2013
------------ & ---
Dorothy, 1. Gle. ross
Notary Public for the State of Montana
Residiii- in Kalispell
My commission expires 9/11/2013
D Q R )THY I. GLENCROSS
NOTARY PUBLIC Jor the
State of Montana
L * Residing at Kalispell, Montana
ra My Commission Expires
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