02. Conditional Use Permit - Premier Restaurants, LLC (Tabled April 6)PLANNING FOR THE FUTURE
MONTANA
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director
Myrt Webb, Interim City Manager
Planning Department
201 1" Avenue East
Kalispell, NIT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT Conditional Use Permit to operate a casino in conjunction with a bar
and restaurant - Tabled from April 6, 2009 meeting
MEETING DATE: April 20, 2009
BACKGROUND: The Kalispell City Council, at the April 6, 2009 city council meeting
moved to table approval of the conditional use permit for Premier Restaurants, LLC and
the amendment to allow the word "Casino" to be placed on the free standing sign as shown
on the site plan.
The developers propose to tear down the existing building where Sawbucks restaurant, bar
and casino is located at 1301 South Main Street 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 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. Based on the staff report and
public comment, the planning board unanimously recommended approval of the request
with a condition that the term casino be limited to just the south facing entrance of the
building.
After the planning board meeting the planning staff was contacted by Jeff Maphis,
architect for the Montana Club and stated that the owners would like the council to
consider their request to allow the word casino on the pylon sign as well as on the building
above the south facing entrance. This request was presented to the Council at the April 6
meeting by Mr. Maphis. The council requested to see what the actual signage would look
like above the south facing entrance before they were willing to act on the conditional use
permit request.
The applicants have now provided renderings and actual photos of an existing Montana
Club sign package for council review as requested. They are provided in Attachment A to
this memo. This sign package as presented by the applicants does comply with the
general Kalispell Sign Code in terms of size and location. However, Section 27.35.110 of
the Kalispell Zoning Ordinance provides extra guidance and criteria in approving a
conditional use permit for a casino including the option of limiting or prohibiting signage
specifically referring to the terra "casino" as well as the use of associated terms or
symbols. Therefore, the council does have discretion to approve or modify the requested
use of "casino" in the Montana Club signage.
RECON MEND,ATIQNS: The council should move to remove approval of the conditional
use permit for Premier Restaurants, LLC from the table along with the amendment to
allow the word "Casino" on the free standing sign as shown on the site plan.
Once the council determines the appropriateness of the casino signage above the south
facing entrance, the council should move to approve the requested conditional use permit.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
""-IGTV\l 4
Tom Jentz
Director
Deport compiled: April 14, 2009
c: Theresa White, Kalispell City Clerk
Myy£ Webb
Interim City Manager
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:
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 lath 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
Attachment A
Montana Club Signage Package
1. Upper left free Standing sign to be placed out on R f W adjacent to US 93, Ibis sign
was approved by the Planning board with the term "Casino" located in the lager
coiner of the sign.
. Upper right sign to be placed over the front door entrance facing US 93 (wrest side.
3. Lower left sign is to be placed over the south facing entrance door. This sign would
announce `Ca5ine over the entrance door to the Casing and would face south
toward the convenience store.
PUBLIC HEARING
No one washed to speak and the public hearing was closed.
MOTION
Clark moved and Hinchey seconded a motion to adopt staff
report #KCU-09-03 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be
approved subject to the 3 conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
PREMIER RESTAURANTS,
A request by Premier Restaurants, LLC for a Conditional
LLC - CONDITIONAL USE
Use Permit (CUP) to operate a casino in conjunction with a
PERMIT - RESTAURANT,
bar and restaurant in the B-2 (General Business) zoning
BAR & CASINO
district called the Montana Club. The developers intend to
tear down the existing building where Sawbucks restaurant,
bar and casino has operated for approximately 14 years.
Williamson recused himself from this discussion since his
firm is working on this project.
STAFF REPORT KCU-09-04
Sean Conrad, representing the Kalispell Planning
Department reviewed staff report KCU-09-04 for the board.
Conrad noted this conditional use permit is located on 13th
Street East and South Main Street, the current location of
the Sawbucks restaurant, bar and casino. The future
property owners, Premiere Restaurants LLC plan to demolish
the existing building and in doing so they would extinguish
the existing casino operation. Under section 27.25.060 of the
city's zoning ordinance it states once the building or use is
vsra€lMy removed the building or use is then subject to all
applicable regulations of the zoning ordinance. The
restaurant and bar is permitted in the B-2 zoning however,
the casino use goes away. The property owner/developer is
therefore coming back and seeking the conditional use
permit (CUP) to operate a casino at this site. Under the B-2
zoning casinos require a conditional use permit.
Conrad reviewed the existing site and the surrounding
properties for the board. He indicated since the property is
located within 300 feet of a residential district there are some
additional requirements that are reviewed under the CUP
which includes the casino cannot take up more than 10% of
the floor space of the proposed building, which has been met,
limiting signage, entrances - their locations and number, and
increasing landscaping between the casino and adjacent land
uses.
Conrad reviewed the proposed site plan, elevation drawings,
and floor plan for the board. Improvements will be made by
the developer to both 13th Street East and lit Avenue East,
j2utting in boulevard, sidewalks and landscaping. The casino
Kalispell City Planning Board
Minutes of the meeting of March 10, 2009
Page 14 of 27
is located on the south end of the new building and would
face south to the existing gas station.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report I CU-09-04 as findings
of fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the 3
conditions listed in the staff report.
Conrad reviewed the conditions.
BOARD QUESTIONS Griffin asked if the neon lighting restriction was in the
ordinance and Conrad said it is not but it is one of the
provisions for the board to consider when a casino is located
within 300 feet of a residential. district. Griffin clarified there
could be neon lighting on the building but not in conjunction
with the casino and Conrad said yes.
APPLICANT/CONSULTANTS Jeff Maphis, 115 Ardimus, Missoula -- JCM Architecture -
representing the Premiere Restaurants LLC, reviewed the
project for the board.
Maphis said they are bringing in a new family restaurant and
bar that has a very broad appeal to the citizens of the
existing sites in Missoula and Butte. They will be removing
and demolishing the old structure and they are not adding a
casino they are replacing one with a newer one. The primary
use of this facility is a family restaurant.
Maphis reviewed the elevation drawings for the board and
touched on some of the site design issues. The main points
are as follows.
■ The casino is located on the south portion of the lot
which is as far away from the residential area as this
site allows. The size of the casino falls under the 113a/a
of the gross square footage allowed under the CUP
requirements.
• The site is surrounded with landscaping, on all 4 sides
and they have put a significant amount on the Main
Street side. The landscaped parking in the lot exceeds
the minimum requirements. The bulk of the parking is
on the north and south sides of the lot in order to
enhance the front of the building. On the back of the
lot, along 1st Avenue East is the service entry and they
plan to berm and screen that area to make it more
attractive.
+ They have agreed to provide the sidewalks and
boulevards on the south side of 13th Street East and
west side of lst Avenue East.
Kalispell City Planning Board
Minutes of the meeting of March 10, 2009
Page 15 of 27
• Maphis said they agree and will comply with the sign
ordinance issues, although they would like approval to
use the word casino, in small letters on their pylon
sign on Main Street,.
Maphis said in conclusion they feel a new family restaurant
& bar would be a great asset to Kalispell. They have been
thoughtful and careful in designing it to respond to the
community and its needs, removing an old building in a
significant site along the city's entrance corridor and they
think this business will have a very positive impact on the
city.
Clark asked Jentz staffs feelings regarding their request for
having the word casino on the pylon sign? Jentz said that
would be up to the board to decide whether that would be
appropriate. Jentz said the sign regulations would allow a
15 foot tall sign with 60 square feet of signage area if
located right on the property line.
Griffin asked if this property would be affected by the
entrance corridor standards that were recently
recommended for adoption and Conrad said those
standards would not apply to this property because the
boundary for the standards end at Kelly Road and Highway
93.
PUBLIC HEADING No one wished to speak and the hearing was closed.
MOTION Clark moved and Hinchey seconded a motion to adopt 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 3 conditions listed in the staff report.
BOARD DISCUSSION Schutt asked staff to refresh his memory regarding a similar
casino f sign issue with the Hilton Garden Inn. Jentz
responded the casino approval process was the same but
the Hilton was done as a PUD and allowed for the presence
of the casino because conditions could be placed on the
PUD to mitigate the impacts. The Hilton sign did not have
the word "casino" on their signage but the sign does have
the name of the casino "Silver Canyon" with a miner
prospecting for silver. Jentz said the board has the ability to
recommend the signage of the facility whether it would be to
allow casino on both the pylon sign and on the building or
,just alloy one. He added the Architectural Review
Committee will review any sign proposed at this location for
character and quality before it is approved.
Clark asked Maphis what their preference would be and
Maphis said the first choice would be on the building and a
small indication of casino on the main sign but if they could
only have one the owners would probably want that sin to
Kalispell City Planning Board
Minutes of the meeting of March 10, 2009
Page 16 of 27
be on, the building where you enter the casino.
Clark said he doesn't have a problem with the word casino
in both places.
MOTION TO AMEND
Clark moved and Hinchey seconded a motion to allow the
CONDITION #2
word casino on both the pylon sign and the building.
BOARD DISCUSSION
Schutt said he does not have a problem with the condition
for signage as currently written with one sign on the
building.
MOTION WITHDRAWN
Clark withdrew the motion and the second concurred.
BOARD DISCUSSION
Griffin asked and Jentz said the applicant can still appeal to
the council to change the condition.
Clark said he thinks the architect has done a really fine job
and this project will be a real asset to the city by first
removing the existing building and the new building will be
extremely attractive.
Mendius asked Conrad if the highway necks down to 2
lanes at this location and Conrad said it is still 4 lames until
13th Street. Mendius asked how many driveways does
Sawbucks currently have accessing the highway and
Conrad said 2 but they are unregulated and undefined and
he added on 13th Street their parking lot bleeds into the
street and can cause traffic hazards. Conrad said the
rebuilding will clean up the parking, designate the 2
entrances along the highway and contain the parking on
13th Street. Mendius said he has some concerns that if the
restaurant turns out to be really popular it might
exacerbate traffic access problems onto the highway and
perhaps an access onto 13th Street roight be appropriate.
Conrad said the highway has been built to accommodate
the traffic that is associated with a business of this nature.
Further discussion was held regarding traffic circulation
around the site.
ROLL CALL - ORIGINAL
The motion passed unanimously on a roll call vote.
MOTION
Williamson was reseated.
HOCKADAY MUSEUM OF
A request by the Hockaday Museum Board of Directors for a
ART - ZONE CHANGE da
zone change from RA-3 (Residential Apartment/ Office) to P-
PLANNED UNIT
1 (Public) and a planned unit development (PUD) overlay
DEVELOPMENT FOR A
zoning district for the Hockaday Museum site and
FUTURE EXPANSION OF
properties immediately south of the museum. The zone
THE MUSEUM
change and PUD would allow for reduced building setbacks
needed for the museum to realize its future expansion
lams.
Kalispell City Planning Board
Minutes of the meeting of March 10, 2009
Page 17 of 27
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 fmal
action.
Owner: Premier Restaurants, LLC
P.O. Box 219
Missoula, MT 59806
406-728-0558
Technical Assistance: Jeff Maphis
JC'M ArrhitPrt77rP
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
• Signs advertising the casino are limited or outright prohibited
1
• 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.
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.
2
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 13th 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
3
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 lst 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 1st 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.
g. Storm Water Drainage: There are currently storm water drainage facilities
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.
9
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.
RECOMMENDATION
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 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.
7
I
Planning Department
201 1*t 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 M `CtaNA ' .-L-Urs ?xST,��JR-I�NT
OWNER(S) OF RECORD:
Name: 7:P1�1= tM % E re -
Mailing Address: —P0
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City/State/Zip: i*-A\SS o U LA, MT 52n Phone:
N is v- jkLo NT.o
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PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: - _ t\ C M iz ..N I TJ iz E_ ( ATT N : , G- F F
Mailing Address:
City/State/Zip: /*AT 515A0 Phone:
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
sH3- f
Street Sec. Town- Range ', /
Address: (3 d 1 5 . Wk I N :ST Q7 E-T No. t-T ship ZB 9 No. z W I
Subdivision Tract 1O Lot Block
Name: No(s). Ebk No(s). No.
1
2.
Zoning District and Zoning Classification in which use is proposed:
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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.
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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
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other information submitted as a part 01 U115 appllC ULW11, LU uG LL ue, ioulYlcLc, attu
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the pxDperty for routine monitoring and inspection during the approval and
Applicant
Date
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CERTIFICATION
APPLICANT: Montana Club Restaurant/Bar/Casino
FILE NO: KCU-09-04
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where a conditional use permit has been
requested.
S- T -R: 1 I-28-21
Tract/Lot: 5E, 5ED, & 5EDA
Property Owners:
Premier Restaurants LLC
P.O. Box 219
Missoula, MT 59806
JCM Architecture
Attn: Jeff C. Maphis
P.O. Box 8145
Missoula, MT 59807
Date:
AND ATTACHED LIST
Premier Restaurants LLC JCM Architecture Lee & Barbara Helgeland Fmly Tr
P.O. Box 219 Attn: Jeff C. Maphis 997 Lake of the Woods Lane
Missoula, MT 59806 P.O. Box 8145 Bigfork, MT 59911
Missoula, MT 59807
KS Properties Ltd Partnership Ronald Toney Robin & Nigel Cini
P.O. Box 23509 1685 MT Highway 209 1776 Columbia Falls Stage
1401 Industrial Avenue Bigfork, MT 59911 Columbia Falls, MT 59912
Billings, MT 59104
D & D, Inc. Cenex Petroleum, Inc. Hammerquist & Casalegna Const.
Hospitality Associates, LTD P.O. Box 64089 1417 1st Avenue East
1341 1st Avenue East MS 535 Kalispell, MT 59901
Kalispell, MT 59901 St. Paul, MN 55164
Scott Goodnight The Gables, LLC Hammitt Corporation
128 13th Street East 1310 South Main Street 1125 1st Avenue East
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Winona Hagel Life Estate Trevor Kugler Shannon Fraleigh
Michael, Sharon, & F.A. Hagel 432 East Idaho #C-251 845 3rd Avenue East
397 Addison Square Kalispell, MT 59901 Kalispell, MT 59901
Kalispell, MT 59901
Lance & Lori Deitrick Robertson Rentals, LLC Maureen & Philip Burden
1236 1st Avenue East P.O. Box 232 1235 1st Avenue East
Kalispell, MT 59901 Somers, MT 59932 Kalispell, MT 59901
Timothy & DJL, LLC
AD% LLC n Fairchild
Sandra Schuldheiss Ian Miller irchild
1230 1st Avenue East 1215 1st Avenue East P.O. Box
Kalispell, MT 59901 Kalispell, MT 59901 00
Kalispell, MT 59904
Paul & Helen Jones Family Trust James B. Getty Salvation Army
P.O. Box 189 1227 1st Avenue East P.O. Box 9219
Rollins, MT 59931 Kalispell, MT 59901 Seattle, WA 98109
Noreen K. Syth Joshua & Gretchen Stoner Kalispell Hospitality Company, Inc.
74 East Nicklaus Avenue 1246 1st Avenue East 1701 US Highway 93 South
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Joe Withey City of Kalispell State of Montana
1231 South Main Street Attn: City Clerk 2701 Prospect Avenue
Kalispell, MT 59901 P.O. Box 1997 Department of Highways
Kalispell, MT 59903 Helena, MT 59601
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