2. Conditional Use Permit Amendment - Montana Commerce, LLC - Town PumpCity of Kalispell
Pow office Boat 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758--7 Fax - (406) 755-7758
DEPORT TO: Honorable Mayor and City Council
FROM: Tom Jentz, Planning Director
James H. Patrick, City Manager
SUBJECT: Town Pump Conditional Use Permit
(Highway 93 South/Cemetery Road)
MEETING DATE: January 2, 2007
Town Pump is requesting a re -consideration of Condition #5 of their recently approved
conditional use permit which allows the location of a casino on their property at the southwest
corner of the intersection of Cemetery Road and US 93. The CUP contains a provision which
states:
5. In order to address pedestrian circulation and in lieu of a sidewalk, the
applicants shall extend a minimum 10 foot wide bike path along the
frontages of both Cemetery Road and US 93 and provide the necessary
extensions to accommodate a crosswalk at Cemetery Road to connect with
the pedestrian features on the north side of Cemetery Road. A R1w permit
will be required from the Flathead County Road Department and MDT
should the applicant place these structures in the R/w.
Town Pump has been unable to accomplish this condition and is requesting that the condition be
modified so that the 10 foot wide bike path is replaced with a minimum 5 foot wide sidewalk
along both US 93 and Cemetery Road. The primary limiting factor for Town Pump was the
reluctance of MDT to approve a 10 foot bike path design on their Rlw without having the entire
bike path designed from this intersection down to Gardner Auction. In lieu of that MDT would
only permit the placement of a 5 foot sidewalk as a continuation of the urban design profile that
was built immediately north of the Cemetery Road intersection.
A work session was held on December 18 with city council to discuss this issue. It did appear to
be the general consensus of the council that this was a minor and inconsequential change and the
modification still maintained the intent of providing for pedestrian access. This issue is placed
on the January 2 agenda for your consideration and action.
RECOMMENDATION: Staff recommends that the council by resolution approve the
modification to Condition #5 of the approved Conditional Use Permit I CU-05-11 granted to
Montana Commerce, LLC as follows:
5. In order to address pedestrian circulationand in' iAl l A f n n; a gmun lL the
applicants shall extend a minimum 5 foot wide
sidewalk along the frontages of both Cemetery Road and US 93 to connect
with the exiting sidewalk facilities in place.
mete=r Re
. A R W permit
will be required from the City
of Kalispell and MDT should the applicant place these structures in the
i L ■ 1 .
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
<:::q7
Tom Jentz mes H. Patrick
Planning Director City Manager
Report compiled December 19, 2006
Return to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
AMENDMENT To GRANT OF CONDITIONAL USE
APPLICANT: Montana Commerce, LLC
Po Box 6000
Butte, MT 5 9702--6000
LEGAL DESCRIPTION: Assessor's Tract 5A in Section 29, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana
ZONE: B-2, General Business, upon annexation and initial zoning
The applicant has applied to the City of Kalispell for a conditional use permit to allow the
construction and operation of a 2,721 square foot casino/tavern in connection with an existing Town
Pump convenience store and gas station.
The Kalispell City Planning Board and zoning Commission, after due and proper notice, on
January 10, 2006, held a public hearing on the application, took public comment and recommended
that the application be denied due to the casino's proximity to a county residential zone.
After reviewing the application, the record, the Kalispell Planning Department report, and
after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell
Zoning ordinance, adopted Kalispell Planning Department Conditional Use Report #KCJ-05-11
(Amended) as the Council's findings of fact, and issued and granted to the above -described real
property a conditional use permit to allow the construction and operation of a casino/tavern in
connection with an existing Town Pump convenience store and gas station in the B-2, General
Business zoning district, upon annexation and initial zoning, subject to certain conditions as
amended by the City Council at a workshop. The applicant has since shown that it cannot comply
with condition number 5 for the reason that the Montana Department of Transportation will not
provide adequate right of way access for the required 10-foot bike trail. Therefore, the City of
Kalispell finds that good cause has been shown and it is reasonable for the City to amend the
conditional use permit as set forth below:
1. The proposal will be developed in substantial conformance with the approved site plan and
other application materials. That the conditions associated with this permit shall be met prior
to use of the building addition and operation of the tavern/casino.
2. If the applicant has not secured a building permit from the State of Montana at the time of
annexation, the applicant will be required to secure a building permit from the city of
Kalispell prior to the commencement of work on the structure.
3. The applicant shall comply with all building and fire codes prior to occupancy of the building
addition and operation of the tavern/casino.
4. An additional 27 spaces shall be added to the overall parking plan to bring the total to 50
assuming 23 existing parking spaces. These spaces shall be designed in accordance with the
city parking standards as found in the Kalispell zoning ordinance. The parking plan shall be
submitted to the city Site Review Committee for approval prior to issuance of a building
permit.
5. In order to address pedestrian circulation Laffad in lie ^ic 4 the applicants shall
extend a minimum 5 foot wide sidewalk along the frontages of both
Cemetery Road and US 93 and provide the necessary extensions to accommodate a
crosswalk at Cemetery Road to connect with the pedestrian features on the north side of
Cemetery Road. A R/W permit will be required from the Flathead County Road Department
and MDT should the applicant place these structures in the R/W.
6. The applicant shall be required to hookup to city sewer and water prior to occupancy of the
tavern/casino.
7. The pylon pole sign with the electric reader board sign (and all other similar signs at the time
of annexation) shall be brought into compliance with the city sign code for flashing/blinking
and color within one year of annexation to the city. (Section 27.24.060 (1,2) Kalispell
Zoning Ordinance)
8. The conditional use permit is valid for a period of 18 months from the date of authorization
after which time if the commencement of activities has not occurred the permit shall be void.
A continuous, good faith effort to design the building, obtain financing and other activities
shall be considered a commencement.
9. This project shall be submitted to the Kalispell Architectural Review Committee for review
prior to approval of a city building permit. Conditions of the committee shall be complied
with and incorporated into the design of the project prior to the start of construction on the
tavern casino.
10. Neon lighting shall not be incorporated into the total building or signage design.
11. Not more than 15 % of the total signage allocation of the entire convenience store/gas
island/tavern and casino property shall be allocated to:
a. The casino business name;
b. Any terms such as casino, gaming, gambling, cards, dice, chance, etc;
C. Any reference to any associated activity or any symbols or words commonly
associated with gaming;
d. Any words, terms, figures, art work or features intended or designed to attract
attention to the fact that a casino is on site.
12. A minimum 5 foot landscape buffer as provided for in the zoning ordinance shall be
incorporated into all new parking areas and this condition is extended to include any existing
and all proposed parking areas along the eastern border of the property abutting US 93.
Should it prove to be determined by city staff that it is not feasible to place the proposed
landscaping on private property along the US 93 frontage because of limited space to
accommodate the required parking, the applicant is allowed to negotiate with MDT to allow
the required landscaping to occur in the RIw of US 93.
13. A dense vegetative screening consisting of shrubs/bushes/trees is required to be planted and
maintained along the west and south boundaries of the applicant's property abutting the
casino so as to obscure the casino from view of the adjacent property owners. This
vegetative screening hedge shall grow to a minimum height of 6 feet at maturity and is
intended at planting to serve as both a deterrent to trespass and visual and noise obstruction.
14. The applicant shall completely screen any outside garbage containers using a combination of
fencing and vegetation so that such containers can not be viewed from any public R/W or
adjoining property.
Dated this 2nd day of Janua , 2007.
Pamela B. Kennedy
Mayor
STATE OF MONTANA
: ss
County of Flathead
On this day of January, 2007 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
Residing at .Kalispell, Montana
My Commission Expires