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07. Conditional Use Permit - Premier Restaurants, LLCREPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Conditional Use Permit to operate a casino in conjunction with a bar and restaurant MEETING DATE: April 6, 2009 BACKGROUND: The Kalispell City Planning Board met on March 10th and held a public hearing to consider a request from Premier Restaurants, LLC to operate a casino in conjunction with a bar and restaurant in the B-2 (General Business) zoning district. The developers intend to tear down the existing building where Sawbucks restaurant, bar and casino is located and construct a new building_ to also house a restaurant, bar and casino called the Montana Club. Under the B-2 zoning district, bars and restaurants are permitted uses. However, operating a casino requires a conditional use permit. The developers have decided to remove the existing building and with it the existing casino operation. Pursuant to section 27.25.060 of the zoning ordinance, once a building or use is willfully removed, the building and use are then subject to all applicable regulations of the zoning ordinance. This includes reapplying for a conditional use permit to locate a casino in the B-2 zoning district and any other applicable regulations in the zoning ordinance. The property is located at the intersection of 13th Street East and South Main Street with the address of 1301 South Main Street. The location is the current site of Sawbucks. The property can be described as tracts 5E, 5ED and SEDA within, Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Kalispell Planning Department staff, presented staff report KCU-09-4 and reviewed the proposed site plan, elevation drawings, and floor plan for the board. Staff also noted that the casino is proposed on the south end of the new building and would face south to the existing gas station and not the existing residential development north of the site. Staff recommended approval of the conditional use permit subject to three conditions. During the public hearing, Jeff Maphis of JCM Architecture and representing the Premiere Restaurants LLC spoke in favor of the proposal. He noted how the casino complied with the ordinance code and requested that in addition to a sign stating "casino' on the south side of the building the owners would also like approval to use the word casino, in small letters on their pylon sign on Main Street. No one else spoke either for or against the proposal and the public hearing was closed. During the planning board's discussion the signs for the Hilton casino were discussed and a motion was made and seconded to allow the word casino on both the pylon sign and the building. Upon further discussion of this motion the majority of the planning board members did not have an issue with limiting the casino signs to just the building and the motion was withdrawn. A motion was made and seconded to recommend approval of the conditional use permit subject to the three conditions listed in the staff report. The motion was unanimously approved. After the planning board meeting planning staff was contacted by Jeff Maphis and told that the owners would like the council to consider their request to allow the word casino on the pylon sign as well as the building. A rendering of the sign will be presented to the council at the April 6th meeting. If the council is agreeable to the owner's request, it will require a minor change to condition number 2. RECOMMENDATION: A motion to approve the conditional use permit would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully sued' Sean Conrad My Webb Senior Planner Interim City Manager Report compiled: March 31, 2009 c: Theresa White, Kalispell City Clerk 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: Premier Restaurants, LLC PO Box 219 Missoula, MT 59806 LEGAL DESCRIPTION: Tracts 5E, 5ED and 5EDA within Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: General Business, B-2 The applicant has applied to the City of Kalispell for a conditional use permit to operate a casino in conjunction with a bar and restaurant in the B-2 (General Business) district. The B-2 zoning district conditionally permits casinos, but because it will be located within 300 feet of a residential zoning district, additional criteria apply. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on March 10, 2009, held a public hearing on the application, took public comment and recommended that the application be approved subject to certain 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-09-4 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate a casino in conjunction with a bar and restaurant in the B-2 zoning district subject to the following conditions: 1. Development of the site shall substantially comply with the site plan, elevations and floor plan submitted with the application. 2. Casino advertising shall be restricted to one sign on the south facing wall of the building and subject to the following limitations: • No terms such as gaming, gambling, cards, dice, chance, etc. • Any reference to any associated activity, or any symbols or words commonly associated with gaming, is prohibited. • Other than the word casino, no other words, terms, figures, art work, or features intended or designed to attract attention to the fact than a casino is on site. • No neon lighting. 3. Commencement of the approved activity must begin within 18 months from the date of authorization or a continuous good faith effort is made to bring the project to completion. Dated this 6th day of April, 2009. STATE OF MONTANA ss County of Flathead Pamela B. Kennedy Mayor On this day of , 2009 before me, a Notary Public, personally appeared Pamela B. Kennedy, 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 Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning March 26, 2009 Myrt Webb, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit to operate a casino in conjunction with a bar and restaurant Dear Myrt: The Kalispell City Planning Board met on March 10+h and held a public hearing to consider a request from Premier Restaurants, LLC to operate a casino in conjunction with a bar and restaurant in the B-2 (General Business) zoning district. The developers intend to tear down the existing building where Sawbucks restaurant, bar and casino is located and construct a new building to also house a restaurant, bar and casino called the Montana Club. Under the B-2 zoning district, bars and restaurants are permitted uses. However, operating a casino requires a conditional use permit. The developers have decided to remove the existing building and with it the existing casino operation. Pursuant to section 27.25.060 of the zoning ordinance, once a building or use is willfully removed, the building and use are then subject to all applicable regulations of the zoning ordinance. This includes reapplying for a conditional use permit to locate a casino in the B-2 zoning district and any other applicable regulations in the zoning ordinance. The property is located at the intersection of 13th Street East and South Main Street with the address of 1301 South Main Street. The location is the current site of Sawbucks. The property can be described as tracts 5E, 5ED and 5EDA within, Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-4 and reviewed the proposed site plan, elevation drawings, and floor plan for the board. He also noted that the casino is proposed on the south end of the new building and would face south to the existing gas station and not the existing residential development north of the site. Staff recommended approval of the conditional use permit subject to three conditions. During the public hearing, Jeff Maphis of JCM Architecture and representing the Premiere Restaurants LLC spoke in favor of the proposal. He noted how the casino complied with the ordinance code and requested that in addition to a sign stating "casino" on the south side of the building the owners would also like approval to use the word casino, in small letters on their pylon sign on Main Street. No one else spoke either for or against the proposal and the public hearing was closed. During the planning board's discussion the signs for the Hilton casino were discussed and a motion was made and seconded to allow the word casino on both the pylon sign and the building. Upon further discussion of this motion the majority of the planning board members did not have an issue with limiting the casino signs to just the building and the motion was withdrawn. A motion was made and seconded to recommend approval of the conditional use permit subject to the three conditions listed in the staff report. The motion was unanimously approved. Please schedule this matter for the April 6, 2009 regular City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Letter of transmittal Staff Report #KCU-09-4 and supporting documents Draft minutes from the 3/ 10/09 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Premier Restaurants, LLC P.O. Box 219 Missoula, MT 59806 Jeff Maphis JCM Architecture P.O. Box 8145 Missoula, MT 59807 EXHIBIT A PREMIER RESTAURANTS, LLC KALISPELL CITY PLANNING BOARD MARCH 10, 2009 The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled planning board meeting on March 10, 2009. The following conditions are recommended with approval of the conditional use permit: 1. Development of the site shall substantially comply with the site plan, elevations and floor plan submitted with the application. 2. Casino advertising shall be restricted to one sign on the south facing wall of the building and subject to the following limitations: • No terms such as gaming, gambling, cards, dice, chance, etc. • Any reference to any associated activity or any symbols or words commonly associated with gaming, is prohibited. • Other than the word casino, no other words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. • No neon lighting. 3. Commencement of the approved activity must begin within 18 months from the date of authorization or a continuous good faith effort is made to bring the project to completion. PREMIER RESTAURANTS, LLC REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-09-04 MARCH 3, 2009 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to operate a casino within the B-2 (General Business) zoning district. A public hearing on this matter has been scheduled before the Planning Board for March 10, 2009 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. Owner: Premier Restaurants, LLC P.O. Box 219 Missoula, MT 59806 406-728-0558 Technical Assistance: Jeff Maphis JCM Architecture P.O. Box 8145 Missoula, MT 59807 406-543-9659 A. Summary of Request: This is a request from Premier Restaurants, LLC for a conditional use permit to operate a casino in conjunction with a bar and restaurant in the B-2 (General Business) zoning district. The developers intend to tear down the existing building where Sawbucks restaurant, bar and casino has operated for approximately 14 years. The developers are proposing to construct a new building to also house a restaurant, bar and casino called the Montana Club. Under the B-2 zoning district, bars and restaurants are permitted uses. However, operating a casino requires a conditional use permit. The developers have decided to remove the existing building and with it the existing casino operation. Pursuant to section 27.25.060 of the zoning ordinance, once a building or use is willfully removed, the building and use are then subject to all applicable regulations of the zoning ordinance. This includes reapplying for a conditional use permit to locate a casino in the B-2 zoning district and any other applicable regulations in the zoning ordinance. Because the casino is within 300 feet of a residentially zoned neighborhood, additional criteria as found in section 27.35.110 of the zoning ordinance apply to the casino operation. Section 27.35.110 of the zoning ordinance allows for a casino to be located on property within 300 feet of a residential zoning district provided the casino is a minor accessory use and the following parameters are addressed: • The casino constitutes no more than 10% of the proposed floor space 0 Signs advertising the casino are limited or outright prohibited • The number and location of entrances into the casino are limited • The landscaping buffer between the casino and adjacent land uses is increased The above parameters will be addressed in the evaluation section of this staff report. B. Size and Location: The property address is 1301 South Main Street and is the current site of Sawbucks. The property can be described as tracts 5E, 5ED and 5EDA within, Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Figure 1: Aerial photo of the project site and surrounding uses F tfi s- o¢ Project w GAS • Gab � , _ StAn t C. Existing Land Use and Zoning: There is a single -story restaurant, bar and casino on the property. The property is zoned B-2, a business district that permits a wide range of businesses from restaurants to automobile repair garages as well as professional offices and a variety of residential housing. N Figure 2: View of the existing Sawbuck's restaurant, bar and casino from the northeast corner of First Avenue East and 13th Street East. D. Surrounding Zoning and Land Uses Zoning: The property is located along the commercial corridor which leads to downtown Kalispell. Lots to the south, east and west are zoned for commercial uses and are developed with a hotel, gas station, art store and professional offices. To the north, across 13+h Street East, the zoning is divided by an alley with commercial zoning west of the alley and residential zoning east of the alley. A grocery store is located on the commercial property west of the alley. North: Commercial and Residential, B-2 and R-4 zoning East: Commercial, B-2 zoning South: Commercial, B-2 zoning West: Commercial, B-2 zoning E. Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates this lot as commercial. The map indicates that within the commercial land use designation appropriate uses include retail, offices, services and a mix of these uses as well as residential development. The B-2 zoning district is a business district intended to provide areas for those retail sales and services which serve the general needs of the tourist and traveler as well as the general public. The district depends on the proximity to major streets and arterials and should be located in business corridors. F. Utilities/Services: Sewer service: Water service: Solid Waste: Gas: Electric: Phone: Police: Fire: Schools: City of Kalispell City of Kalispell City of Kalispell Northwestern Energy Flathead Electric Cooperative CenturyTel City of Kalispell Kalispell Fire Department School District #5, Kalispell .c3 EVALUATION OF THE REQUEST The 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 provides adequate space to accommodate the proposed restaurant, bar and casino including the necessary parking and landscaping. b. Adequate Access: The existing access to the site is adequate to handle the needs of the casino. Vehicular access is provided by lst Avenue East and Highway 93. There is an existing sidewalk along Highway 93. As part of the building permit the developer will need to install sidewalks along the property's frontage on 1st Avenue East and 13th Street East. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property. 2. Appropriate Design: a. Parking Scheme: The majority of parking will be located on the north and south sides of the building. The application notes a total of 64 parking spaces are required based on the gross square footage of the building. The plans show 63 parking spaces and bicycle parking to make up the remaining parking space. As part of the building permit process, all on -site parking will need to meet the minimum standards in the zoning ordinance. b. Traffic Circulation: The casino operation will have good traffic circulation both on -site and on adjacent streets. The site plan shows the internal parking lot constructed to provide for two-way traffic in front of the casino. Vehicle traffic can choose to travel west to Highway 93 or east to lst Avenue East. Both Highway 93 and lst Avenue East can accommodate traffic generated by the restaurant, bar and casino. The Kalispell Growth Policy, Chapter 10 (Transportation) identifies Highway 93 as a major arterial road and 1st Avenue East as a collector road. Major arterial and collector roads are constructed to handle traffic associated with commercial development such as a casino, restaurant and bar. C. Open Space: No specific open space is required under the B-2 zoning district for commercial uses other than landscaping associated with the parking lot. d. Fencing/Screening/Landscaping: The site plan proposes perimeter landscaping along all four sides of the property. The casino is proposed on the south side of the building to provide the maximum amount of separation between the casino and the residential homes north of the site. Section 27.35.110 of the zoning ordinance states the following standard may be placed on the casino: • Increasing landscaping requirements in order to create a buffer between the casino and adjacent land uses. 4 With the casino located on the south end facing an existing gas station, planning staff recommends against any additional landscaping requirements. e. Signage: Section 27.35.110(4)(a) of the zoning ordinance includes the following limitations or prohibition for on -premise signs for casinos located within 300 feet of a residential zone: Limiting or prohibiting the on -premise signage or building from using the following: • Any terms such as gaming, gambling, cards, dice, chance, etc. • Any reference to any associated activity or any symbols or words commonly associated with gaming. • Any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. • Neon lighting. No specific sign package was included in the application. With the close proximity of residential homes north of the site planning staff recommends one sign stating either the name of the casino or just the word "casino' be permitted on the south facing wall of the building only. The restrictions in section 27.35.110(4)(a) cited above are included in the recommended conditions of approval to further downplay the presence of the casino at the site. f. Site design: The zoning ordinance provides several site design criteria for casinos within 300 feet of a residential zoning district. These criteria are: Section 27.35.110(3) A casino is considered a minor accessory use to a primary use if the primary use of the building and its associated facilities constitutes at least 80% of the proposed floor space and the casino constitutes no more than 10% of the proposed use. In addition, the casino is generally shielded or screened from view of the primary use and patrons. • Section 27.35.110(4)(b) Limiting the number and location of entrances into the casino The overall site plan for the new building indicates the casino will take up 10% of the proposed floor space in accordance with the ordinance code. A conceptual floor plan submitted with the application also has the casino with a separate outside entry on the south side of the building and one door entry from inside the restaurant. Separating the casino from the majority of restaurant customers is the bar area. Based on the size, location and limited access points into the casino the above sections of the zoning ordinance have been met. 5 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 will be no impact 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. No unusual impacts or needs are anticipated from the proposed use. e. Water: City water lines currently serve the site. No significant impact on water services can be anticipated as a result of this facility. f. Sewer: City sewer lines currently serve the site. No significant impacts on sewer services can be anticipated as a result of the proposed use. -_-`- ----- TTT_i-" T"- ------ ""----- ---- -----_'_it-- -�'-------__i-- y--*---`- r--Sla-- g. ,otorm water Drainage: i nere are currently storm water drainage lace sties along 13th Street East. The demolition and construction of a new building on this property will require the developer to provide water quality treatment to storm water prior to discharging the storm water into the city's storm water drainage facilities. A storm water plan will be required as part of the building permit process. h. Solid Waste: Solid waste pick-up is provided by the City. This project will have no impact on current services. i. Roads: Highway 93 and lst Avenue East will provide the public access to the casino. Highway 93 is in good condition and includes sidewalks along the properties frontage. First Avenue East and 13th Street East are city streets but currently lack curbs, gutters, sidewalks and landscaped boulevards. As a condition of approval for the building permit the developer will be required to upgrade those portions of both streets to city standards that front the property. 4. Neighborhood impacts: No neighborhood impacts are anticipated with the approval of the conditional use permit to allow the casino. The property has historically been used as a restaurant and bar with the current Sawbuck's casino operating on the site for about 14 years. The Sawbuck's restaurant, bar and casino is open seven days a week from 8 a.m. to 2 a.m. The Montana Club restaurant, bar and casino has operating hours of 6:30 a.m. to 10 p.m. Monday through Thursday. Fridays and Saturdays the business will close at 11 p.m. The reduced late night operating hours would lessen the impact on the surrounding residences as opportunity for late night noise and other disturbances would be eliminated. 5. Consideration of historical use patterns and recent changes: This area has historically included commercial businesses in close proximity to residential homes. The proposed casino would replace the existing casino on the property now. C. 6. Effects on property values: No significant negative impacts on property values are anticipated. As previously mentioned the proposal is compatible with the neighborhood and will not create any adverse impacts with regard to noise or traffic. I;WCQJMI—t `1�syl��Ci i The staff recommends that the planning board adopt the staff report #KCU-09-04 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: 1. Development of the site shall substantially comply with the site plan, elevations and floor plan submitted with the application. 2. Casino advertising shall be restricted to one sign on the south facing wall of the building and subject to the following limitations: • No terms such as gaming, gambling, cards, dice, chance, etc. • Any reference to any associated activity or any symbols or words commonly associated W1LLl gQlllillg, is pl Vlllr.,llliU. • Other than the word casino, no other words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. • No neon lighting. 3. Commencement of the approved activity must begin within 18 months from the date of authorization or a continuous good faith effort is made to bring the project to completion. 7 Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Msw LL-UN '��ilR-AUNT OWNER(S) OF RECORD: Name: Mailing Address: -Po -vn--'vx 2 N tcv- A.Lc> NZo P,o1S PO wEu. City/State/Zip: M\SS O U L A, MT 5*Q(, Phone: (q*)7L3 ' D 55 8 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: ,,j C M i\- Zr-t-k t' C-(- TQ ZC--- ( ATT N = , c- F F Mailing Address: -F::b JESOk F) t 14 rj / rp City/State/Zip: /"'1T 5qbo7 Phone: �ybb� ����•j1 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range �, / Address: (vj01 S. N'�A\1N f-ST ��-T No. t-T ship Z8 R No. Z 1 W Se Subdivision Tract 5F-D Lot Block Name: No(s). EDA No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: 1E> "Z L-TEn1r-- r-&.L 1a psi nl c-SS 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 1 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. g. 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 +n 1--he lino+ of mar lrnn:nlcrina Ql�n�ila �r�cr ir�fnrm �+i�r i.r rorYrodor.+ati or Kli�K1(A I.V l.V Lll�+ FJIiVI. Vl 111,' 11L1V YY 1li l.L�l,• V31V Ulll, Qil� 1111V1111Q(.1V11 Vl 1Vyres411l.Q1.1V11 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 p�erty for routine monitoring and inspection during the approval and Applicant • 4c 7 Date 2 I w i u 5F VICINITY MAP SCALE 1" = 100' PREMIERE RESTAURANTS, LLC REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION AND OPERATION OF A RESTAURANT/BAR/CASINO IN THE B-2 (GENERAL BUSINESS) ZONING DISTRICT PLOT DATE 2/6/09 FILE# KCU-09-04 H:\gis\site\kcu09-04 MT Club.dwg +� r C y . � � . . � �` } 0 � \ -`) .� I R � � )? / ^�k§ � } || �� 1111101 flll��l� ll'i ! 400 Ow,ir'�'i . I I I . W Corp/ f ' e y I .��- '� 1 `�I' M d1 11 +I! �n1��1IiJr�,E r71 Eli 1 I �I bmmmmo POP"%