08. Conditional Use Permit - Western Catering, Inc dba Magic Diamond CasinoCity of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: John Webster, Construction Manager
Western Catering, Inc. dba Magic Diamond Casino
P.O. Box 6000
Butte, MT 59702-6000
LEGAL DESCRIPTION: To allow the expansion of an existing casino
located at the east end of the Kalispell
Center Mall in the south 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.
AUTHORIZED REPRESENTATIVE:
Western Catering, Inc. dba Magic Diamond Casino
P.O. Box 6000
Butte, MT 59702-6000
ZONE: Central Business, B-4
The applicants have applied to the City of Kalispell for a
conditional use permit to allow the expansion of an existing casino
into space being vacated by a small art gallery. The petitioner
proposes to add additional casino space along with a small kitchen
and restrooms to the area. The area will contain approximately
2,800 square feet which will be altered by partitioning off various
areas. There will be no significant exterior alterations.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on July 14, 1998, held a
public hearing on the application, took public comment and
recommended that the application be approved subject to three
conditions.
After reviewing the application, the record, the FRDO report,
and after duly considering the matter, the City Council of the City
E=\wp\cup\western catering casino.wpd 1
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Flathead Regional Development Office, Conditional Use Report
#KCU-98-5 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit to
allow the expansion of a casino of an additional 1,000 square feet
in the B-4 Central Business zoning district 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.
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
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.
E:\wp\cup\western catering casino.wpd 2
t
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\western catering casino.wpd 3
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
July 23, 1998
Glen Neier, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit for Western Catering, Inc. dba Magic Diamond Casino
Dear Glen:
The Kalispell City -County Planning Board held a public hearing at their regular meeting of
July 14, 1998, to consider a request by Western Catering, Inc., dba Magic Diamond Casino
for a conditional use permit to allow the expansion of an existing casino in the
Cavanaugh's lobby, by approximately 1,000 square feet. The property is zoned B-4, Central
Business and is at the east end of the Kalispell Center Mall.
Narda Wilson with the Flathead Regional Development Office reviewed the proposed plans
for the expansion of the casino. She recommended approval of the proposal subject to
three conditions.
The representative for the applicants explained the project which consisted primarily of
adding a small kitchen and some bathrooms. They had no objection to the conditions. He
asked the board to grant the permit. No one spoke in opposition.
The planning board made the motion to adopt staff report KCU-98-5 as findings of fact and
forward a recommendation to approve the conditional use permit subject to the three
conditions in the report. The motion passed on a vote of eight in favor and none opposed.
The recommended conditions are listed in Attachment A.
This recommendation for approval is being forwarded to the City Council. Please schedule
this matter for the August 3, 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 y Planning Board
Therese Fox Hash
President
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Conditional Use Permit for Casino
July 23, 1998
Page 2
Attachments: Attachment A
FRDO Report #KCU-98-5
Draft Minutes 7/ 14/98 Planning Board meeting
c w/Att: Theresa White, Kalispell City Clerk
c w/Att A: John Webster, Western Catering, Inc., PO Box 6000, Butte, MT 59702
H: \ ... \TRANSMIT\KALISPEL\98 \KCU98-5
ATTACHMENT A
WESTERN CATERING, INC. dba MAGIC DIAMOND CASINO
CONDITIONAL USE PERMIT #KCU-98-5
CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL CITY -COUNTY PLANNING BOARD
JULY 14, 1998
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.
WESTERN CATERING, INC. dba MAGIC DIAMOND CASINO
FLATHEAD REGIONAL DEVELOPMENT OFFICE
CONDITIONAL USE PERMIT STAFF REPORT KCU-98-S
JULY 6, 1998
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 July 14, 1998, beginning at 6:00 PM in the Kalispell
City Council Chambers. The planning board will forward a recommendation to the
City Council for final action.
BACKGROUND INFORMATION
The applicant is submitting a request to allow the expansion of a casino in an
adjoining building where an art gallery is currently located. A casino requires a
conditional use permit in this zone, the B-4, Central Business District, and all
districts.
A. Petitioner: John Webster, Construction Manager
Western Catering, Inc. dba Magic Diamond Casino
P.O. Box 6000
Butte, MT 59702-6000
(406)782-9121
B. Size and Location: The property proposed for the casino is located at the east
end of the Kalispell Center Mall in the south 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 expansion of an existing casino by approximately 1,000 square feet
which would create a total area of approximately 2,800 square feet. In addition
to the casino area, a small kitchen and service area would be part of the
remodel so that food can be served in the casino. It appears that an additional
liquor license will be transferred for use at this site. Each license entitles the
owner to have 20 gaming machines on -site. It appears there would be a total of
40 gaming machines associated with the casino. There would be no significant
exterior modifications made to the space. State law allows casinos to be -open
from 7:00 AM to 2:00 AM. Some interior modifications will be made to partition
off the various areas within the building.
D. Existing Land Use and Zoning: In the past; First Avenue West Restaurant
and Bar have operated in the building proposed for the casino. The existing
building contains approximately 3,610 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 is
one block to the south.
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.
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)
CenturyTel
City of Kalispell
Kalispell Fire Department
School District #5, Kalispell
Evaluation of the Request:
Site Suitability:
a. Adequate Useable Space: The casino expansion will be displacing an
existing retail establishment. It appears that a additional liquor license
is being consolidated into one building. Each liquor license allows the
owner to have 20 gaming machines. There will be approximately 40
gaming machines in the casino area. According to the site plan there
appears to be adequate space within the facility to accommodate the
expansion 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 116 for the restaurant
and 40 for the casino. 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 39. Total combined parking need
calculated in a best guess need for the mixed uses is 179 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 expansion. No landscaping, screening or fencing is necessary or
appropriate with this particular request.
e. Sig_age: Some modifications to the existing sign(s) inside the mall
would be anticipated as a result of this expansion. 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 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 a fire.
e. Water: City water will be used to serve the facility. No significant impact
on water services can be anticipated as a result of this facility.
f. Sewer: Sewer service will be provided by the City of Kalispell. No
significant impacts on City sewer services can be anticipated as a result
of the proposed use.
g. Solid Waste: Solid waste pick-up will be provided by the City, and no
significant increased impacts can be anticipated as a result of the
proposed use.
h. Roads: Some additional traffic may be anticipated to be generated as a
result of this use. Access will generally be onto Center Street, Main
Street or Fifth Avenue West. All of these streets are City paved streets in
generally good condition and well maintained. Roads in the area are
adequate to accommodate the proposed use.
i. Immediate Neighborhood Impact: The general character of this area is
commercial which provides a full range of consumer, retail, office and
downtown uses. The expansion of this use would be anticipated to have
minimal or no impact on the established neighborhood character and
the character of the mall itself.
2
REACTION OF NEARBY PROPERTY OWNERS
A notice of public hearing was mailed to property owners within 150 feet of the
subject property approximately 15 days prior to the hearing. At the writing of the
staff report, 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 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.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board adopt staff report
#KCU-98-5 as findings of fact and recommend to the Kalispell City Council that the
Conditional Use Permit be granted subject to the following conditions:
1. That the proposal will be developed in substantial conformance with the
approved plan and the Kalispell Zoning Ordinance.
2. That the proposed use comply with all local, state and federal regulations
which may apply to the construction and operation of a gaming facility.
3. That the conditional use permit is valid for a period of 18 months from the date
of authorization.
H:\... \KCU 198 \KCU98-5
5
CERTIFICATION
APPLICANT: WESTERN CATERING INC DBA MAGIC DIAMOND CASINO
FRDO FILE #: KCU-98-5
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 property lines of the property
that is the subject of the application.
Date:/•�-e
Assessor's S-T-R Lot/Tract Property Owner
No. No. & Mail Address
SEE ATTACHED LIST AUTHORIZED REPRESENTATIVE
JOHN WEBSTER
PO BOX 6000
BUTTE MT 59702
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, July 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 Citz Council or the Board of County
Cammissioners who will take final action:
To the Kalispell City Council:
1. A request by Sands Surveying on behalf of Charles Mason for preliminary plat
approval of Buffalo Stage Professional Park, a subdivision containing four lots with
each lot containing two duplex office condominiums, for a total of eight condominium
lots. The subdivision is located on the southwest corner of Whitefish Stage Road and
Bruyer Way in Kalispell. The subdivision contains approximately 3.025 acres This
property was recently annexed into the city of Kalispell and is zoned R-5, a
Residential / Professional Office zoning district. The property proposed for this
subdivision can be described as Parcel A of Buffalo Stage Phase III located in Sections
31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
2. A request by Ivan and Marian O'Neil for a zone change from RA-1, Low Density
Residential Apartment, to B-2, General Business. The property proposed for rezoning
is located on the east side of Third Avenue East, north of Western Ace Home Center
and east of the Outlaw Inn. The property address is 1500 Third Avenue East and
contains approximately five acres. The property can be described as Assessor's Tracts
5-0, 5-2 and 5-18 located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
3. A request by Sally Welder on behalf of Kalispell Montessori Center, Inc. for a
conditional use permit to allow the conversion of an existing single family residence
into a school. The property where the school expansion is proposed is zoned RA-1, a
Low Density Residential Apartment zoning district which lists schools as a
conditionally permitted use. The property proposed for the expansion adjoins the
existing Montessori school property to the west. The applicants propose to convert an
existing residence and the three parcels where the home is located into an expansion
of the existing school. The property proposed for the school expansion is at 11 Park
Hill Road which is located at the west end of Park Hill Road in Kalispell. The property
can be described as Lots 5, 6 and 7, Block 2, Willis Addition located in Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
4. A request by Western Catering, Inc. d.b.a. Magic Diamond Casino for a conditional
use permit to allow the expansion of an existing casino in the Kalispell Center Mall.
The property where the casino is located is zoned B-4, the Central Business District,
which lists casinos as a conditionally permitted use. The applicants intend to expand
the existing casino in the Cavanaugh's lobby by approximately 1,000 square feet by
taking over the space where the western art gallery currently exists. The casino is
Iocated at the east end of the Kalispell Center Mall. The property address is 20 North
Main, Unit B-22 in Kalispell. The property proposed for the casino expansion can be
described as Assessor's Tract 2AB located in Section 7, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
To the Board of County Commissioners
5. A request initiated by the Board of County Commissioners for a zone change from AG-
20, an Agricultural zoning district which has a 20 acre mining lot size requirement
for newly created lots, to SAG-5, a Suburban Agricultural zoning district which has a
five acre minimum lot size requirement for newly created lots. The property proposed
for rezoning lies in the northwest Foys Lake area generally west of the intersection of
North Foys Lake Road and Daley Lane including property to the south along Daley
Lane and Newsom Lane. The total property area under consideration for rezoning is
approximately 120 acres, and can be described as Assessor's Tracts 1A, 1AA, 3, 3B,
3C, 3CA, 2BB, 2BBA, 2BBB, 2BBC, 2BBD, 2BBE, 2BBG located in Section 27,
Township 28 North, Range 22 West, P.M.M., Flathead County, Montana.
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.
Thomas R. Jentz
Planning Director
6 W'p a.
0-4
r
JUN'- '8-9a MON 10:O-Q Au KATHAD ?ESr DEJ CFFICF FAX NO. 408 �58 578.' ?. 3
Flathead Regional Dev-elopme=t O iMee {
723 St" Ave. East Room 414
PCatfspen, WT 59901
Phone: (406MS-5980 Fa= (406)758-5781
APPLICATION FOR CONDMONAL USE PERMIT
CITY OF KALISPELL
PROPOSED USE: -) Mrn
OWNER(S) OF RECORD:
Name
Ma ilir
City/ State/Zip: 3 (A fret /'Yl T s 9 7v - ( ionc: yd (- 7g� - q 1 a
PERSON(S) AUTHORIZED TO REPRESENT THE OW"NER(S) AND TO W i-iOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: k)4 L - ZrS+ruhct9a f
Mailing Address: tR' O , ZOX (n600
City/State/Zip: zu MT S- Iva- 6ce�:r> Phone: yC>()- 7 U-ci) a 1 ex�.3do 7
LEGAL DESCRIP'i'ION OF��OPERTY (Refer to Property Records):
a'-3 p-01 l Rik Cep ^
Street Sec. Town- Range
Address: o M N. 4 � �QiK;'c�a No. ship No.
Subdivision Tract Lot Block
Name: No(s). No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
Z LA--- -
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
C. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open arras.
g. Proposed uses) of structures and open areas.
1
06/08/98 11:20 TX/RX NO.9705 P.003
JUV- '1-';3 YO )0:0- P.M, KATEEAJ U51 UEv OFFICE Fyn Yz: 4016 75- 5,781
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.
e.
Utilities.
f.
Screening and buffering-
9-
Signs, yards and other open spaces.
h.
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 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 rcprese ntation
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_RD.O. staff to be
present on the property for routine =no toying and inspection during the approval
and 4evelopment process.
10/30/ter u
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06/08/98 11:20 TX/RX N0.9705 P.004
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pump
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June10, 1998
Torn Pump Inc. & Affiliates
Corporate Offices
600 South Main Street
P.O. Box 6000 - Butte, Montana 59702-M
Phone (406) 782-9121 • Fax (406) 723-9533
RE: Conditional Use Permit Application
Narda A. Wilson A.I.C.P.
Flathead Regional Development Office
723 5th Ave. East Rm. 414
Kalispell, MT 59901
Dear Ms. Wilson,
Western Catering Inc. requests a conditional use permit to remodel and expand the existing
casino located in unit B-22 at the Kalispell Mall. The current casino and art gallery tenants
will be moving out by August 1 1998. At that time, we wish to begin remodeling. The
remodel will include new restrooms and food preparation areas.
All the items listed in parts 2&3 of the application currently exist through normal mall
operation and with the current casino tenant. Hours of operation will continue to be 8:00
am to 2:00 am.
Would you please add our application to the July 14 planning board meeting agenda. If you
have any questions please contact me at 406-782-9121 ext. 3007.
Sincerely,
John Webster
Development & Construction Manager
TOWN PUMP INC. & AFFILIATES
APPLICATION MATERIAL
if JUN 16 19 �+
88 ,.
F. R. D. O.
CONVENIENCE STORES • LUCKY LIDS CASINOS • MOTELS
CAR WASHES - RESTAURANTS - PETROLEUM WHOLESALE
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
MEMORANDUM
To: Kalispell City County Planning Board
From: Narda Wilson, Senior Planner
Date: July 8, 1998
Re: Staff Report KCU-98-5 - Western Catering Casino Expansion
Attached to this memorandum is a corrected copy of the staff report KCU-98-5. An
additional liquor license is not being transferred to the site. One liquor license will
be leaving and other will be replacing it. The expansion includes additional seating
and a kitchen and will continue to have a total of 20 gaming machines. The hours of
operation will remain the same 8:00 AM to 2:00 AM.
Please discard the report included in your original packet and replace it with the
corrected copy. Please accept my apologies for any confusion this may have created.
c: John Webster, Western Catering, Box 6000, Butte, MT 59702-6000
nw
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls - City of Kalispell • City of Whitefish •
Corrected Copy
WESTERN CATERING, INC. dba MAGIC DIAMOND CASINO
FLATHEAD REGIONAL DEVELOPMENT OFFICE
CONDITIONAL USE PERMIT STAFF REPORT KCU-98-5
JULY 6, 1998
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 July 14, 1998, beginning at 6:00 PM in the Kalispell
City Council Chambers. The planning board will forward a recommendation to the
City Council for final action.
BACKGROUND INFORMATION
The applicant is submitting a request to allow the expansion of a casino in an
adjoining building where an art gallery is currently located. A casino requires a
conditional use permit in this zone, the B-4, Central Business District, and all
districts.
A. Petitioner: John Webster, Construction Manager
Western Catering, Inc. dba Magic Diamond Casino
P.O. Box 6000
Butte, MT 59702-6000
(406)782-9121
B. Size and Location: The property proposed for the casino is located at the east
end of the Kalispell Center Mall in the south 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 expansion of an existing casino by approximately 1,000 square feet
which would create a total area of approximately 2,800 square feet. In addition
to the casino area, a small kitchen and service area would be part of the
remodel so that food can be served in the casino. A liquor license will be
transferred from these premises and another one will replace it. The casino will
have 20 gaming machines on -site. There would be no significant exterior
modifications made to the space. The casino will maintain the same hours of
operation which are from 8:00 AM to 2:00 A.M. Some interior modifications will
be made to partition off the various areas within the building.
D. Existing Land Use and ?toning: The space which the be occupied by the
casino expansion currently operates as a small art gallery. The space contains
approximately 1,000 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.
1
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 banlflng facilities. The central business district seems to
be a reasonable place to anticipate casinos within the community.
G.
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Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Montana Power Company
Electric:
Pacific Power (underground)
Phone:
CenturyTel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
Evaluation of the Request:
Site Suitability:
a. Adequate Useable Space: The casino expansion will be displacing an
existing retail establishment. One liquor license will leave the facility
and another will replace it. Each liquor license 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 expansion 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.
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
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 116 for the restaurant
and 20 for the casino. 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 34. Total combined parking need
calculated in a best guess need for the mixed uses is 174 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 expansion. No landscaping, screening or fencing is necessary or
appropriate with this particular request.
e. Signaage: Some modifications to the existing sign(s) inside the mall
would be anticipated as a result of this expansion. 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
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 blocks from this site and within
3
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.
C. Water: City water will be used to serve the facility. No significant impact
on water services can be anticipated as a result of this facility.
f. Sewer: Sewer service will be provided by the City of Kalispell. No
significant impacts on City sewer services can be anticipated as a result
of the proposed use.
g. Solid Waste: Solid waste pick-up will be provided by the City, and no
significant increased impacts can be anticipated as a result of the
proposed use.
h. Roads: Some additional traffic may be anticipated to be generated as a
result of this use. Access will generally be onto Center Street, Main
Street or Fifth Avenue West. All of these streets are City paved streets in
generally good condition and well maintained. Roads in the area are
adequate to accommodate the proposed use.
i. Immediate Neighborhood Impact: The general character of this area is
commercial which provides a full range of consumer, retail, office and
downtown uses. The expansion of this use would be anticipated to have
minimal or no impact on the established neighborhood character and
the character of the mall itself.
REACTION OF NEARBY PROPERTY OWNERS
A notice of public hearing was mailed to property owners within 150 feet of the
subject property approximately 15 days prior to the hearing. At the writing of the
staff report, 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 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.
4
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board adopt staff report
#KCU-98-5 as findings of fact and recommend to the Kalispell City Council that the
Conditional Use Permit be granted subject to the following conditions:
1. That the proposal will be developed in substantial conformance with the
approved plan and the Kalispell Zoning Ordinance.
2. That the proposed use comply with all local, state and federal regulations
which may apply to the construction and operation of a gaming facility.
3. That the conditional use permit is valid for a period of 18 months from the date
of authorization.
H: \... \KCU 198\KCU98-5
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