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8. Conditional Use Permit - GrumpasAgenda - May 4, 1998 AGENDA ITEM 8 - CONDITIONAL USE PERMIT - GRUMPAS BACKGROUND: I have enclosed the reports and minutes of the Planning Board reviewing the request for a change of use for Grumpas Restaurant to a restaurant and casino. The Staff recommended approval of the change with six (6) conditions. No one spoke in opposition to the change at the public hearing. The Board, by a vote of 7-2, passed the request with the deletion of the landscape buffer condition. RECOMMENDATION: I concur with the Planning Board's recommendation to approve the Conditional Use Permit with the five (5) conditions listed. ACTION REQUIRED: Approval of the Conditional Use Permit can be completed by motion. Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 April 22, 1998 Clarence Krepps, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit for Grumpa's Restaurant 8s Casino Dear Clarence: The Kalispell City -County Planning Board held a public hearing at their regular meeting of April 14, 1998, to consider a request by "G" L.L.C. Development for a conditional use permit to allow the conversion and expansion of Grumpa's Restaurant to a restaurant and casino in the B-2, General Business District zoning district. The property proposed for this use is located south of the intersection of First Avenue East and Highway 93 South on the east side of the highway. Narda Wilson with the Flathead Regional Development Office reviewed the proposed plans for the conversion of the building to a casino. She recommended approval of the proposal subject to six conditions. The casino manager and the architect for the applicants explained the project and asked the board to grant the permit. They objected to condition three, the landscaping requirement and condition four to limit the amount of neon lighting. No one spoke in opposition. The planning board discussed the project, and the recommended conditions, at length. There was a motion to adopt staff report KCU-98-4 as findings of fact, deleting condition three, which passed on a vote of seven in favor and two opposed subject to conditions listed in Attachment A. This recommendation for approval is being forwarded to the City Council. Please schedule this matter for the May 4, 1998 regular City Council meeting. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely, Kalispell City- Cou PI g Board erese Fox Hash President Providing Community Planning Assistance To: • Flathead Countv • City of COumbia Falls • Cite of Kah hell • City of <Vhirafch . Conditional Use Permit for Grumpa's Casino April 22, 1998 Page 2 Attachments: Attachment A FRDO Report #KCU-98-4 Draft Minutes 4/ 14/98 Planning Board meeting c w/Att A: Kent Frampton, 360 Hidden Valley Dr, Whitefish, MT 59937 Design Concepts, 1031 S Main St, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H: \... \TRANSMIT\KALISPEL\98 \KCU98-4 ATTACB2AMT A CONDITIONS OF APPROVAL FOR GRUMPA'S RESTAURANT AND CASINO CONDITIONAL USE PERMIT AS RECOMMENDED BY KALISPELL CITY -COUNTY PLANNING BOARD APRIL 14, 1998 1. That the proposal will be developed in substantial conformance with the approved site plan and the Kalispell Zoning Ordinance. 2. That an approach permit be obtained from the Montana Department of Transportation for review and approval of the approach onto Highway 93 South and that any improvements required by the department be accomplished prior to occupancy. 3. That any additional neon lighting proposed for the building be limited to one additional strip along the top of the building. 4. That the proposed use comply with all local, state and federal regulations which may apply to the construction and operation of a gaming facility. 5. That the conditional use permit is valid for a period of 18 months from the date of authorization. H:\FRDO\TRANSW1 T\KALISPEL\98\KCU98-4A GRUMPA'S RESTAURANT AND CASINO FLATHEAD REGIONAL DEVELOPMENT OFFICE CONDITIONAL USE PERMIT STAFF REPORT KCU-98-4 April 6, 1998 A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a request by "G"L.L.C. Development for a conditional use permit to allow a casino in a B-2, General Business zoning district. A public hearing on this matter has been scheduled before the planning board for April 14, 1998, beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the City Council for final action. BACKGROUND INFORMATION The applicant is submitting a request for a conditional use permit to allow the operation of a casino in an existing building proposed to be expanded. A casino requires a conditional use permit in this zone, the B-2, General Business. A. Petitioner: "G"L.L.C. Development Kent Frampton 360 Hidden Valley Drive Whitefish, MT 59937 (406)862-4718 Technical Assistance: Design Concepts 1031 South Main Street Kalispell, MT 59901 (406)752-3707 B. Size and Location: The property proposed for the casino is located on the east side of Highway 93 South and north of 181h Street West approximately 600 feet. The property contains approximately 40,000 square feet or .91 of an acre of land. The property can be described as Assessor's Tract 5-22A located in Section 17, 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 use of an existing building proposed for expansion for a casino and restaurant. The existing building contains approximately 2,000 square feet and will be expanded by approximately 700 square feet. Hours of operation will be from 8:00 AM to 2:00 AM and the restaurant will have one drive - through window. The casino will operate with 20 gaming machines. D. Existing Land Use and Zoning: This building was used in the past as a restaurant and has been vacant for several years. The existing building has had several additions to the original structure. Several drive -through lanes are in existence which will be removed when the site is redeveloped. This property lies in the B-2, General Business zoning district, which lists casinos as a conditionally permitted use. E. Surrounding Zoning and Land Uses Zoning: There is a mix of general commercial, retail, restaurants and hotels in this immediate area. It could be described as the commercial center of south Kalispell. North: Tire -Rama tire service, B-2 zoning South: South Center Square, a mix of retail and restaurants, B-2 zoning East: Outlaw Inn w/restaurant, bar, convention center; B-2 zoning West: Retail, restaurant and hotel, B-2 zoning F. Master Plan Designation: The Kalispell City County Master Plan Map designates this area as commercial. This is the core commercial area for south Kalispell which provides a variety of commercial, retail, restaurant and hotel facilities. The general business district seems to be a reasonable place to anticipate casinos within the community and would therefore be in substantial compliance with the master plan land use designation. G. ffm 1. 2 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 Pacific Power (underground) PTI (underground) City of Kalispell Kalispell Fire Department School District #5, Kalispell Evaluation of the Request: Site Suitability: a. Adequate Useable Space: This parcel contains approximately 40,000 square feet. There is an existing parking lot with several drive through lanes which will be removed to make way for parking for the proposed restaurant and casino. It appears that there is adequate space on the site to accommodate traffic circulation within the site along with the parking and landscaping. b. Adequate Access: Access to this site will be primarily by way of an existing approach on the south end of the property which is approximately 35 feet wide and access directly onto Highway 93. Additionally there is a shared access with Tire -Rama and the Outlaw Inn to the north which will also be used by the restaurant and casino. In consulting with Steve Herzog, Montana Department of Transportation, he has stated that the c xisting approaches are adequate to accor ,modate the new use and will not be substantially relocated during the Highway 93 reconstruction. New approach permits will be required as part of this conditional use permit and will be required by the Department of Transportation because of a new use occupying the site. C. Environmental Constraints: There are no obvious environmental constraints associated with this property. It is generally level and has been paved. An existing stormdrain lies at the southeast corner of the property and is proposed to be utilized by the property owner. Appropriate Design: a. Parking Scheme: Under the Kalispell zoning regulations one parking space per 100 square feet of floor area is required for eating and drinking establishments. There will be approximately 2,700 square feet in the 2 3 building once it has been remodeled dictating the need for 27 parking spaces. The site plan indicates there are 31 parking spaces which will be developed when the parking lot is developed. Parking is in substantial compliance with the Kalispell Zoning Ordinance requirements. b. Traffic Circulation: Traffic circulation within the site will have entered from three potential entrances, two along Highway 93 to the west and one from a private roadway easement to the east. There is a one way traffic circulation pattern for the parking area at the east end of the site which is adequate to accommodate parking access and circulation. There is also one way traffic through the drive -through window which can stack to leave the site from the south entrance. Traffic ent ring from the Highway 93 approaches is two way and functions adequately. C. Open Space: No specific open space requirements are required under the zoning except the required setback areas which have been met. d. Fencing/Screening/Landscaping: There is some ornamental fencing along the west side of the site which will be retained. The site plan notes additional landscaping which willl be installed along the perimeter of the site. Additionally, there is some existing paving in the right-of-way to the west of the site which appears to have been used for parking in the past. It would be reasonable to anticipate that this area would be redeveloped with a landscape buffer consisting of top soil and then hydro seed or sod. e. Signage: Several of the signs on the existing Grumpa's building are non- conforming and will need to be removed. Currently the signs are considered to be abandoned because they advertise a business which is no longer in use. New signage will be required to comply with City standards and the applicant will need to obtain a sign permit from the zoning administrator. Availability of Public Services/Facilities: a. Schools: This site is within the boundaries of School District #5, however, this proposal should have minimal impact on the school district. b. Parks and Recreation: Lions Park is probably the closest park to this property which is approximately two blocks 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 - 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. 3 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 significant traffic can be anticipated to be generated as a result of this use. Access will generally be onto Highway 93 South and the general area. All of these streets in the area are paved and in relatively 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. Although the staff has some concerns regarding the expansion of casino uses in the city of Kalispell in general, it does not seem out of character with other uses in the immediate vicinity. The overall impact on the area does not appear to be significant. REACTION OF NEARBY PROPEF .TY 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, no inquiries have been received by the Flathead Regional Development Office. SUMMARY OF FINDINGS 1. The size and location of the site is adequate to accommodate to the proposed use. 2. The site design with regard to access, parking, location of the building and setbacks is in general compliance with the zoning and design standards of the City. 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. RECOMMENDATION It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU-98-4 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 site plan and the Kalispell Zoning Ordinance. 2. That an approach permit be obtained from the Montana Department of Transportation for review and approval of the approach onto Highway 93 South and that any improvements required by the department be accomplished prior to occupancy. 3. That the area to the west of the property which was previously striped for parking be redeveloped into a landscape buffer with topsoil and hydro seed or sod prior to occupancy. 4. That any additional neon lighting proposed for the building be limited to one additional strip along the top of the building. S. That the proposed use comply with all local, state and federal regulations which may apply to the construction and operation of a gaming facility. 6. That the conditional use permit is valid for a period of 18 months from the date of authorization. H: \... \KCU 1 98 \KCU98-4 DESIGN CONCEPTS INC. 1031 S. MAIN • KALISPELL, MONTANA 59901 • (406) 752-3707 • FAX (406) 752-3779 March 9,1998 Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, Montana 59901 Re: Grumpa's / Restaurant & Casino "G" L.L.C. Development has purchased the Grumpa's Restaurant at 1619 U.S. Highway 93 S.. The Development Company is proposing utilizing the structure for a restaurant / casino and are requesting a conditional use permit for that purpose. Design Concepts has secured the services of VVMW Engineering and James Burton Surveying for determining the actual defining boundary lines and related design for traffic access and flow. That information has been provided for your review. Design Concepts has also contacted Steve Herzog with the Department of Transportation and has confirmed that the proposed use is consistent with the future highway redesign. Off street parking and loading can be totally addressed within the confines of the property boundaries as indicated. No off location parking will be required. Refuse service will be maintained by a commercial contract with a local hauling facility. Utilities are existing to the structure and no proposed changes are required. Landscaping shall conform to city requirements with consideration for highway access and visibility. Floor plan and elevations are provided for your review. The structure will be remodeled per approved plan, with upgrades, to bring structure consistent with current codes and requirements It is the intention to provide an aesthetically pleasing structure, consistent with the desires of the site review boards guidelines. Noise, light, dust and odors are not factors inherently considered with this type of business. Thank you for your consideration. Sincerely, Design Concepts by Ron Clem & Guy Clare DESIGN CONCEPTS INC. 1031 S. MAIN • KALISPELL, MONTANA 59901 • (406) 752-3707 • FAX (406) 752-3779 March 13,1998 Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, Montana 59901 Re: Grumpa's / Restaurant & Casino "G" L.L.C. Development has purchased the Grumpa's Restaurant at 1619 U.S. Highway 93 S.. The Development Company is proposing utilizing the structure for a restaurant / casino and are requesting a conditional use permit for that purpose. Design Concepts has secured the services of WMW Engineering and James Burton Surveying for determining the actual defining boundary lines and related design for traffic access and flow. That information has been provided for your review. Design Concepts has also contacted Steve Herzog with the Department of Transportation and has confirmed that the proposed use is consistent with the future highway redesign. 3. (a&b) Property in question has three exits and entrances. Two adjacent to Hwy 93, and one to a common easement access adjacent to the Outlaw Inn. Traffic flow arrows will be stenciled to roadway surfaces delineating proper flow patterns and exits. "Drive through" areas have been reduced from four order stations to one. Entrance for that purpose can be achieved through the N/W or S/E entrance. Exit can be accomplished through all access/entrance easements. (c) Off street parking and loading are not required due to proposed use and access providing 38 parking spaces, with only 26 required. Further common driveway designations are adequate for proposed operations. W-N4W has provided a detailed plan and design to confirm a,b & c. (d) Refuse storage is maintained behind the existing storage building at the S/E corner of the property. A privacy fence will be constructed to prevent unsightly appearance and health hazard. Refuse service will be maintained by a commercial contract with a local hauling facility. (e) Utilities are existing to the structure and no proposed changes are required. (f) Landscaping shall conform to city requirements based on A-3 zone, with consideration for highway access and visibility. Shrubs for eastern boundary shall be evergreen with height not to exceed 5', with continuous planting to create a foliage curtain. Existing and new landscaping shall be pruned, cleaned and maintained on a weekly basis. Pending Hwy 93 reconstruction has little or no impact on landscape, buffering or screening. (g) Existing signs will be updated to reflect new business operation. No new signage proposed. No other yards or open spaces within property boundaries exist other than what is utilized for parking, thoroughfare and landscaping. (h) Grumpa's Restaurant is an existing structure with multiple additions and remodels. It is the intention to redesign and resurface existing structures to provide code compliance and an aesthetically pleasing appearance. See elevations and plans provided. (i) Open space uses shall remain restricted to parking, thoroughfare, landscaping, and general purpose operations consistent with zoning specifications for requested business. 0) The proposed business consists of restaurant and casino operations. Hours of operation will be from 8:00 a.m. to 2:00 a.m., with a staff of two casino personnel and two restaurant personnel. The casino will include, as allowed by law and current zoning, 20 machines with accompanying seating. The restaurant will provide service to both casino patrons and the general public. The restaurant will continue to offer drive up services at a reduced capacity (i.e. 4 lanes to 1 lane). (k) The business plan of operation shall be consistent with state, county and city regulations of operation. Noise considerations shall not conflict with established operational limits of similar businesses and operations. Lighting shall be maintained at current standards of opoeration. Dust abatement will be accomplished by monthly sweeping/washing of parking/roadway areas within property boundaries. Restaurant and casino ventilation filtration systems are designed to exceed the standard requirements set by uniform mechanical and building codes. Combined air filtering through electronic and established filter systems No impact from vibration mechanics anticipated from normal course of operations. Floor plan and elevations are provided for your review. The structure will be remodeled per approved plan, with upgrades, to bring structure consistent with current codes and requirements It is the intention to provide an aesthetically pleasing structure, consistent with the desires of the site review boards guidelines. Noise, light, dust and odors are not factors inherently considered with this type of business. Thank you for your consideration. Sincerely, Design Concepts c— by RonClem & Guy Clare FRDO Z-92 CERTIFICATION APPLICANT: "G" L.L.C. (GRUMPA'S) CCNV IU EXISTING FACILITY TO REST. & CASINO FROG FILE *: KCU-98-4 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 property lines of the property that is the subject of the application. Date: Assessor's S-T-R Lot/Tract No. No. SEE ATTACHED LIST Property Owner b Mail Address AUTHORIZED REPRESENTATIVE KENT FRAMPTON 390 HIDDEN VALLEY DRIVE WHITEFISH MT 59937 DESIGN CONCEPTS INC 1031 SOUTH MAIN KALISPELL MT 59901 SUBJECT PROPERTY TRACT # ASSESSOR # OWNER/ADDRESS 5, rm Q ?, 22950 C-1 �� 800 S. Main 340 j4tdjQ,4j Va'uftu DP, Kalispell, MT59901 Wk,oW�' m T- s ©L44-� oQ,hn APPROVE r�? ? 57 1761 H-W �3 S �o r�hu2� OC�1�tS-i �r't��5 �G�u5lup LG� ?Sl Ski Dl g/�ooD 6. &�a350j al o- Ru 1-7 0t ( �( K}D al Ro su,u� f D °l, �qX 1�QP-}-{- Q5a C_ot � os� 9�.sv 14 cis t Oct P�cu,! .� sco �Ql (as T' 75��a A�1.5a' 5 57), L..o f g L--e7 0 KLOK 43s iSnjoj M5�r j�la-m oha' G:ls ?i CX'.<C Cou, Lest.. M 57a5 l,C m t z l to so Rock CaLt 2c. Ralt i ate. NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, April 14, 1998, beginning at 7:00 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 to consider the following agenda items and make a recommendation to the Kalispell City Council who will take final action: 1. A request by "G" L.L.C. Development for a conditional use permit to allow the conversion of Grumpa's Restaurant to a restaurant and casino. The applicant intends to expand the existing building to create a total of approximately 2,700 square feet of space to be used for this purpose. The property proposed for this use is located in the B-2, General Commercial, zoning district which lists casinos as a conditionally permitted use. The property is located south of the intersection of the First Avenue East and Highway 93 South on the east side of Highway 93 South. The property address is 1619 Highway 93 South, Kalispell. The property can be described as Assessor's Tract 5-22A located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by the Daily Interlake for an amendment to the Kalispell Zoning Ordinance, Section 27.15.040(3), Property Development Standards, Minimum Yards, for the B-3, Community Business, zoning district. The proposed text amendment would reduce the required minimum rear yard from the current 20 feet to 10 feet. The yard area, (or setback) is the area between the property boundary and the nearest point of the building, usually a building eave, which is unobstructed from the ground up. This amendment would effect all areas in the city of Kalispell which are zoned B-3, Community Business. Documents pertaining to these agenda items are on file in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, (406)758-5980, and are available for public review during regular office hours. 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 Narda Wilson of the Flathead Regional Development Office at the above address prior to the date of the hearing. < --" r� � C"� Thomas R. Jentz Planning Director No one else spoke either in favor or in opposition. The public hearing was closed and opened to Board discussion. Board Discussion The Board reviewed the reason for the initial 20 foot rear setback and determined it was an oversight in the zoning ordinance. There was discussion on including the other business zones in the text amendment. Motion Bahr made the motion to adopt staff report #KZTA-98-2 as findings of fact and recommend that City Councif amend the Kalispell Zoning Ordinance to reduce the minimum rear yard setback requirement from 20 feet to TO feet in the B-1, Community Business and the B-22, General Business zoning districts. Garberg seconded. On a roll call vote, the motion carried 8-0 in favor. GRUWA'S The next public hearing was introduced on a request by "G" L.L.C. RESTAURANT AND Development for a conditional use permit to allow the conversion of CASINO / Grumpa's Restaurant to a restaurant and casino in the B-2, General C0N`DPPIONAL Business zoning district on property located south of the intersection of USE PERMIT First Avenue East and Highway 93 South on the east side of Highway 93 South. Staff Report Wilson gave a presentation of report #KCU-98-4, recommending the conditional use permit be granted, subject to six (6) conditions of approval. Public Hearing The public hearing was opened to those in favor. In Favor Pat Kelley, employed by the- development company, had a couple of items to discuss. The neon is an issue, and condition #3 on the highway ROW. We have concerns about developing that- at this time based on- the- fact that it is an asphalt strip and looking at the existing properties adjacent, we are not sure that it fits. There is grass to the south; but on thu north side, where Tire -Rama is, they have only extended their landscaping out about 10- feet: The- landowners an either side have- had different conditions imposed on them, so we ask for clarity on how this was determined. Wilson clarified the uses adjacent to this site were permitted uses that were required to meet the landscaping requirements of the zoning ordinance. So, this requirement is not inconsistent with what Was required for the properties to the south and north. Kalispell City -County -Planning -Board Minutes of Meeting of April 14, 1998 Page 2 of 5 Kelley argued that to the south that is correct, but not for the north. There is a cost involved, and uncertainty about when the highway 93 will come through all the way. It seems impractical for us, because of the asphalt dmr has to be picked up. They were dealing wit3r dirt patches, and we would have to go to considerable expense to remove the asphalt. We intend' to clean it up, bur the &iv+Arr ugly is critical- to make the restaurant successful. Whatever is left will be landscaped, but our primary concern was having to rip out the ROW. We are very sensitive to the neon lighting and signage, as well as being a good neighbor. We will have a very attractive building; and wild not be garish to the detriment of the overall look Ron Clem, Design Concepts, explain the building degpr challenges of the existing building, and explained that they must adhere to the lighting restrictions imposed by the- Montana- Dep=nem of Transportation for the highway corridor. There were no other speakers either in favor or opposed- to the prooct. The public hearing was closed and opened to Board deliberations. Board Discussion Wilson answered questions about ROW, temporary signage, neon lighting, and signage allowed under the sign ordinance. Stevens argued for neon, based on the existing neon signage on businesses all along Main Street. With regard to neighborhood compatibility, The Rose has ttr very aacrive neon roses on the front of their building. There was discussion on- landscaping options, with regard- tar type, cost, and how much was in the right-of-way. Wilson suggested- that the condition could be clearer by stating: The ROW to the west of the property, which was previously striped for parking, be developed to a minimum ifl foot landscape buffer. The landscaping that we are requesting could be integrated into the approach permit request. Mr: Kelley- assured the Board that they, wilt keep- the- 40- feet ur front of their property clean and the weeds snowed down, as it reflects on their business. Kalispell City-CountyFlautntgRoard Minutes of Meeting of April 14, 1998 Page 3 of5- Hines noted that this property is one of the few south of Kalispell that has not cleaned up the ROW. If they are going to put- that much money into that facility, then take a minimal amount and dress that area up. Heinecke pointed out in the regulations tit a lance buffer is required anyway, along with the parking requirements, and was in favor of deleting condition #3. Motion Brennemman moved- to adopt stag report #KCU-98-4 as findings of fact, and recommend to City Council that the conditional use permit be granted subject to the conditions set forth, deleting #1 Bahr seconded. On a roll call vote Bahr, Johnson, Stevens, Garberg, Brenneman, Hash and Hemecke voted- aye: Hines and Carlson voted- no: The- motion carried 7-2. NEW BUSElE8 S Under new busiriess was the contirruatim of review of proposed- revisions to the Kalispell Zoning Ordinance. A joint work session with City Council will -be scheduled. OLD BUSINESS Under old business, there was scheduled further discussion to consider of district boundaries forre or ing-of the Foys fake area. Staff brought a number of maps, which she displayed for discussion. The Board- discussed- the information- provided witti then maps, at length; such as steep slopes of 301/o or greater and when there would be extension of urban services. Dan Pearce was in- the audience- and was recognized to speak: He contacted all his neighbors to find out if they were in favor of rezoning this to SAG-5-, from- Aft-40} There are eleven property owners in- this 120 acre piece . Seven are in support, two did not respond, one took no position, and one was unavailable. Hash had a philosophical problem with this request being sparked by the request of a single landowner, taking a very specific area, a small area, and rezoning it, when there is no real demand or need for it, except for this one person. These acreages would then get carved into 5-acre ranchettes that become weed patches and fire risk in an area that has wildlife, and is classified- as a high fire risk due to the steep slopes and limited emergency access. Johnson felt that- urban services will be extended sooner thmr projected because of the stringent standards for septic systems. I think this is an KaUspelt City-CountyPianning Board Minutes of Meeting of April 14, 1998 Page 4 of 5 ti� 1% .x y 24 r 25 27 Ave 28 31 ! I ! !! r-, 10 A 6 SITE PLAN y4 �ruuum �uuuuu _ UIIlflll�(1(Il(Q REVISIONL f4/2/ga, U v� z 0 U N z W La a0 s w �q 0 L v UCL t � CCN too o= a wN2c (.)_- Z0,- ONOy UmMa. Zc c 2,6 m,C: v)CE�N LLJ D SCALE !'=20' DATE 4 2 98 DRAWING Sheet City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: "G" LLC Development Kent Frampton 360 Hidden Valley Drive Whitefish, MT 59937 LEGAL DESCRIPTION: To allow the use of an existing building proposed for the expansion for a casino and restaurant located on the east side of Highway 93 South and North of 18th Street West approximately 600 feet and described as Assessor's Tract 5-22A located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County Montana. OWNER: "G" LLC Development Kent Frampton 360 Hidden Valley Drive Whitefish, MT 59937 ZONE: General Business, B-2 The applicants have applied to the City of Kalispell for a conditional use permit to allow the operation of a casino in an existing building proposed to be expanded. The existing building contains approximately 2,000 square feet and will be expanded by approximately 700 square feet. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on April 14, 1998, held a public hearing on the application, took public comment and recommended that the application be approved subject to four 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 B:\wp\cup\grumpas.wpd 1 #KCU-98-4 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the use of an existing building proposed for expansion for a casino and restaurant in the General Business zoning district subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the approved site plan and the Kalispell Zoning Ordinance. 2. That an approach permit be obtained from the Montana Department of Transportation for review and approval of the approach onto Highway 93 South and that any improvements required by the department be accomplished prior to occupancy. 3. That any additional neon lighting proposed for the building be limited to one additional strip along the top of the building. 4. 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, herein granted, shall terminate 18 months from the date of issuance if commencement of the authorized activity has not begun. Dated this day of Wm. E. Boharski, Mayor E:\wp\cup\grumpas.wpd 2 STATE OF MONTANA ) ss County of Flathead ) On this day of , 1998 before me, a Notary Public, personally appeared William 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 E:\wp\cup\grumpas.wpd 3