14. Conditional Use Permit - Montana Commerce LLCCity of Kalispell
Planning Department
2 street East, Suite 211, Kalispell, pell, Montana 59901
`telephone: 0 5 1 - 80
Fax; 0751.-1858
We i e: kalispellptanning.com
REPORT TO: Kalispell Mayor and. City Council
FROM: Thomas R. Je t. , Director
James H. Patrick, City Manager
SUBJECT Montana Commerce LLC request for a conditional use permit to
locate and operate atavern./casino at 2910 US Highway 93 South
(Four Corners)
MEETING DATE: February 6, 2006
BACKGROUND: This is a request by Montana Commerce LLC for a. eonditi.onai use
permit to allow the construction and operation of a 2,721 square foot casino tavern. in
connection with an existing Town Pump convenience ience More and gas station. The site
contains one acre of lard and supports the existing 4,116 square foot convenience
store, 4 pump island gas station and 23 parking spaces. The property address is 29 fo
US Highway way 3 South and is located on the southwest corner of Cemetery road and
S 93.
The Kalispell City Planning .hoard met on January 10, 2006 and held a public hearing
to consider a request for a conditional .al use permit to allow the tavern/casino. Staff
evaluated the project noted that both . Cemetery Road and US 93 had been recently re-
constructed at this intersection, a. traffic light had been installed, adequate services
and utfli.ties served the site and no public comment t .ad. been received. Staff did
recommend .d approval with 8 conditions attached.. Staff also noted that the city zoning
ordinance prohibits casinos within Soo feet of a residential zone and that this site did
lie within Soo feet of a counter residential zone on the nort.h side of Cemetery Road..
Staff did interpret the 300 foot standard to mean "within a city zoning' district noting
that Flathead. County, which does not have spacing criteria for casinos, had already
approved the applicant's site for a casino in 2003 and a. bar had historically occupied
the site for 60 years.
Representatives of the owners spoke in favor of the proposal saying they agreed with a
majority of the conditions, they had some conee s with parking and relative to
Condition , they wished to maa'ntain their own private well and not hook up to city
water. Jor ynn Siden'us Yenne, representing the S derius Family Trust bordering the
site on two sides spore in opposition submitting a. letter with the family concerns
outlined.
After the public .earing the board discussed the project at great length. The Board
was greatly concerned that the 800 foot separation between a casino and a. residential
zone as found in the Kalispell Zo .i g Ordinance should be looked at closer and that it
should apply to county zones as well as city zones in which case, this application
would have no standing. On a vote of 2 - 4 a motion to approve KCU-0 -.11 failed. On
a second motion, based on the fact that the proposed casino was Situated within Soo
feet of a county residential zone (located north of Cemetery Toad) the board voted 5-1
to recommend to the City Council that KCU-o -11 be denied.
t a City Council work session on Monday January 28, the council directed staff to
prepare additional conditions to improve design and mitigate potential impacts
associated with casino architecture as this property is proposed at the southern
entrance to Kalispell,
RECOMMENDATION: T.e council, as requested by the Planning Board, should.
consider the application of Section 2 .1 . 30 5 of the Kalispell Zoning g rdinance
which states, `Casino if 800 feet or more from. churches, school, parks, residential
zones, and other casino measured .red from the property lire to property line."
A. if the council concurs with the planning ward that this condition applies to
the counter residential zone on the .north side of Cemetery Toad, a motion to
deny KCU-0 -11 would be in order.
B. if the council finds that Section 2 7.14.03o stabhs ling a. Soo foot
limitation between a casino and a. residential zone does not apply to county
ones, then a motion accepting staff report KCU-o -11 as Findings of Fact
and. approving KC - 05--11 with 8 conditions, as modified by the council,
cold be in order.
C. if Council approves K -o -11 the following additional conditions as
modified by council cil should be included with the proposed 8 conditions:
. 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
e complied with and incorporated into the design of the
project Pn
or to the start of constructi.on on the
tavern. casino.
10. Neon lighting shall not be incorporated into the total
building or si.gna.ge design.
1 i . Not more than. 15 of the total sig a.ge allocation of the
entire convenience store / ga.s isla d / tavern and casino
property s al be allocated to:
a. The casino business .are;
. 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 fast
that a casino is on site.
2. A minimum 5 foot landscape bier as provided for M the
zoning ordinance s aU be incorporated into aU 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.
AL EFFECTS.: Positive it . acts once fly developed.
ALTERNATIVES: As suggested by the City Council,
Respectfully submitted,
Thornas R. Jentz
Director
Report compiled: January 25, 2006
dames . Patrick
City M ana er
Attachments: Staff Report KCU-05-11 and apphcation materials
Theresa White, Kalispell City Clerk
Montana Commerce, LLC., P.O. Box 6000, Butte, MT 59702
City of Kalispell
R o. Box 1997
Kalispell, Montana59903-1997
GIANT OF CONDITIONAL USE
APPLICANT: Montana Commerce, LLC
PO Box 6000
Butte, MT 5 o2- 000
LEGAL ESC IP ION .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 casi o tavem in connection with are existing Town
Pump convenience store and gas station.
The :Kalispell City Planning Board and Zoning Commission, after due and proper . otice, o
January 10, 2006, held a public hearing on the application, took public comment a.nd 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, ll, pursuant to the Kalispell
Zoning Ordinance, hereby adopts Kalispell Planning epartme .t Conditional Use Deport #KC --
I (Amended) as the Co ncil's findings of fact, and issues and grants 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- , General
Business zoning district, upon annexation and initial zoning, subject to the following conditions a
amended by the City Council at a workshop:
.op:
The proposal will be developed in substantial conformance with the approved site plan and
other application materi'als. That the conditions associated with this permit shall be met prior
to use of the building addition and operation of the tavern/casino.
If the applicant has not secured a building permit from the State of Montana at the time o
annexation, the applicant will be required to secure a building; permit from the city o
Kalispell prior to the commencement of work on the structure.
. The applicant shall comply y with all building and fire codes prior to occupancy of the building
addition and operation of the tavemcasino.
. An additional 27 spaces shall be add-ed 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 pla.n shall be
submitted to the city Site Review Committee for approval prior to issuance of a building
pernit.
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 Rv permit
will be required from the Flathead County Road Department and MDT should the applicant
place these structures in the Rv.
. The applicant shall be required to hook up to city sever and water .prior to occupancy ofthe
tavern/casino.
7. The pylon pole sign with the electric reader board sign (anti all other similar signs at the time
of annexation) shall be brought into compliance with the city sign code for flashinglblinking
and color within one year of annexation to the city. (Section 27.24.060 (1,2) Kalispell
Zoning Ordinance)
. The conditional use permit is valid for a .period of 18 rnorits from the date of authorization
after which time if the commencement of activities has not occurred the permit shall be void.
continuous, good faith effort to design the building, obtain financing anc and other activities
shall be considered a commencement.
. 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 pr'or to the start of construction. on the
tavern/casino.
10. Neon lightingshall not be incorporated into the total buildtng or signage design.
1. Not more than 15% of the total signage allocation of the entire convenience store/gas
island/tavern and casino property shall be allocated tot
a. The casino business name;
. Any terms such as ca, .1 o, gaming, , gambling, cards, dice, chance, etc;
C. ,any reference to any associated activity or any symbols or Fords 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 Hato 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.
Dated this 6th day ofFebruary, 2006.
Pamela B. Kennedy
STATE of MON ANA
SS
County of Flathead
Mayor
On this clay of , 2006 before me, a Notary . Public, personally
a y
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 rye that she executed the same o
behalf the City of Kalispell.
IN WITNESS WHEREOF, have hereunto set my band and affixed ray Nota.ria. Sea], the
day and year first above written,
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires .
City of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
DENIAL OF CONDITIONAL U S E
APPLICANT- Montana Commerce, L C
PO Box 6000
Butte, T 5970 - 000
LEGAL DESCRIPTION- Assessor's Tract 5A in Section 29, Township 28 North, Range 21
West, P.M.M,, Flathead County, Montana
ZONE: B- , 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 are existing Town
Pump convenience store and gas station.
The Kalispell City Planning Board and Zoning Commission, after due and proper Do . ce, o
January ary 0, 2006, held a public hearing on the application, took public lic come.t 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, hereby adapts the following as the o ncll's findings of fact, and denies the
above -described real property a conditional use permit to allow the construction and opera io of a
casino tavem in connection with an existing Torn Pump convenience store and gas station:
The proposed casino will be located within 3 00 feet of Flathead County, designated residential
zone and the Kalispell City Zoning Ordinance prohibits casinos from. locating within 300 feet
of a residential zone.
. it is the intent of the City to apply the 300 foot restriction to Flathead County designated
residential zones as well as City of Kalispell designated residential zones.
Dated this 6thclay of Februn, 2006.
Pamela B . Kennedy
.mayor
STATE OF MONTANA
s
County of Flathead
On this day of , 2006 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 o
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 .
City of Kalispell
Planning Department
7 - 2 d Street .fast. Suite 211, Kalispell, Montana. 59901
Telephone: 4 5 . -. 5
Fax:46) 751-1858
We s .te: kalispellplanning.com
January 2, 26
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 53
Re: Montana Commerce, LLC request for a conditional use pest to operate a
tavern/casino at 2910 Lis Highway 93 South. (Four Corners)
Dear Jim:
.e Kalispell City Planning Board met on January 10, 2006 and held a. public hearing
to consider a request for a conditional use permit to allow the operation of a 2,721
square foot casino/ tavern in connection with an existing Tow. Pump convenience
store and gas station. The site contains one acre of land and supports the existing
4,116 square foot convenience store, 4 pump island gas station and 23 parking
spaces. The property address is 29 10 US Highway 3 South and is located on the
southwest corner of Cemetery Road and US 93.
Torn Jentz of the Kalispell Planning Department presented staff report ##KCU- 5-11
evaluating the project. He acted that both Cemetery Road and LDS Highway 93 South
had been recently re -constructed at this intersection, a traffic light had been installed,
adequate services and utihties served the site and no public comment had been
received. Staff did recommend approval with 8 conditions attached. Jentz did note
that the city zoning ordinance prohibits casinos within 300 feet of a residential zone
and that this site did he within 300 feet of a county residential zone on the north side
f Cemetery Road. Jentz stated that he inter retell the 300 Feet to mean "within a city
zoning" district noting that Flathead County which does not have spacing criteria had
already approved the applicant's site for a casino in 2003.
Representatives of the owners spoke in favor of the proposal saying they agreed With a.
majofity ofthe conditions, they had some concerns with parking and relative t
Condition , they wished to maintain their own private well and not hook up to city
water. JoLynn Sidefius Yenne, representing the Siderius arm'ly Trust rden'ng the
Montana Commerce LLC
Janes 19., 2006
Page
site on two sides spoke in opposition submitting a letter with the family concerns
o xtEmed.
After the public hearing the board discussed the proj eet at great length. The board
was greatly concerned that the Soo foot separation between a casino and a residential
zone as found in the Kahs eH Zoning Orden a ce should be looked at closer and that it
should apply to county zones as well as city zones in which ease, this application
would have no standing. On a vote of 2 - 4 a motion to approve KC -o5-11 failed. On
a second motion, based on the fact that the proposed casino was situated within Soo
Feet of a county residential zone (located north of Cemetery Road) the board voted 5-1
to recommend d to the City Council that KCU-05- .1 be denied.
Please schedule this matter for the February 6, 2006 regular city council meeting.
You may contact this board or Tom Jentz at the Kalispell Planning Department if you
have any questions regarding this ratter.
Sincerely,
Kalispell City l lar r .ing Board
George *Taylor
President
GT ma
Attachments: Staff report KCU-05.11 and application mate al.s
Minutes of the 1 10/06 planning board meeting
e w/ Att: Theresa White, Kalispell. City Clerk
e w/o Att: Montana Commerce LLC, PO Box 6000, Butte, MT 59702
PROPOSED
•
D ECEOVE
City of Kalispelm ��hc os zoos
Planning Department KALlSPELL PLANNING DEPARTMENT
1 - 2y,d Street East, Suite 211, Kalispell, Montana 59901
Telephone:751-1850
Fax: 51- 5
"PLICATION FOR CONDITIONAL USE PERMIT
!&�
OWNER(S) OF RECORD:
Name- cJ �.Q rn �r L e L-A.-C
Mailing Address: � P. Cl to C C� 4
Gity/State/Zzp: J �� � -��� Phone: ���a
PERSON(S) AUTHORIZED PRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name.- vv�. ga
CA
Mailing Address: C
City/State/Zip: �`i2G W Phone; 0 6P to
LEGAT. DESCRIPTION OF PROPERTY (Refer to Property Records). -
Street Sec. p� Tawas- Range
Address:
No. Z- ! ship �. S No. �.,_.�
Subdivision
Name:
Tract Lot Black
Na(s). No(s). Na.�,.
1. Zoning District and Zoning, Classification in which use 1 �roposed:
1jo= 4!2 r K00A ZOK�Vlq 1
2, Attach 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) f existing buildings
e. Sizes and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
. Proposed use(s) of structures and open areas.
h. Existing and proposed landscaping and fencing.
. On a separate sheet of paper, discuss the f6flowing topics relative to the proposed
use:
a. Traffic flow and control.
. Access to and circulation within the property.
C. Off-street parking and loading.
. Refuse and service areas.
e. Utilities.
f. Screening and buffering.
Signs, yards and other open spaces.
.. Height, bulk and location of structures.
1. Location of proposed open space uses.
j. Hours and manner rer of operation.
. Noise, light, dust, odors, fumes and vibration.
. Attach supplemental information for proposed lases that have additional
requirements (consult Planner).
I hereby certify under penalty of peijury 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, ete, and
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 property for routine monitoring and inspection during the approval and
development process.
7 W--
-,W- � ( Z!,. ,
Applicant Signature Date
K
Conditional Use Permit Application for:
Montana Commerce L C
2910 Hwy 93 South
Kalispell, MT 59901
1. Applicant's address, business and phone number as follows:
600 South Maim, Butte, MT
Meiling address: P.O. Boer 6000, Butte, MT 59702-6000
horre: (406) 497-6700
Representative: Bryan Angove, Construction Manager and
Thomas E. Richardson, General Come
-2
2. Topics relative to the ,propose use:
a. Traffic flog and control.
"raffl'c control is consistent with typical design standards.,
h. Access to and circulation ri hi the property.
Access is obtained from two existing driveway approaches; one off o
Highway 93 South and the other off of Cemetery Road Circulation wi h n
the site is achieved by two way traffic flowing throughout the entire site.
Both points of access are required to maintain safe site circulation.
C. Cif -street parking and loading.
23 parking spaces in addition to 8 at the fuel islands.
d, Refuse and service areas.
Existing, , no changes
e, Utilities.
The existing ire septic system will he removed and a new connection to the
City serer maim would be installed. Water will be provided by an existing
on site water well,
f. Screening and buffering.
e to the location and surrounding properties no
screening and buffering will be needed
91 Signs., yards and other open spaces.
Signs will be erne t meet the C t ' code. Yards and open spaces are
not required n this ,project due to its size. See site plan for existing sign
location.
f Height, bulk and location structures.
See site plan and elevation plan for location of existing improvements in
addition to location and elevation for building addition,
m Hours and manner of operation,
The existing gas and convenience store is open 24 hours a day, The
hours of operation for the addition are 8:00 a,m, to 2:00 a.m. and the site
will operate quietly.
k. Noise,, light,, dust,, odors, fumes and yr rationO
The new addition will not change the amount noise,, light, dust, odors.,
fumes and vibration currently at the site,
JAi C4WMicaW Ow PwMil ApokdfimDOC
P LIS, B c x L. 0 ca)
Flathead County Planning & honing Office
723 - S��' Avenue fast, :Room 414
Kalispell, Montana 59901
Plione: (406) 758-596:51
Fax: (406) 75$-5964
May 20, 2005
Bryan Angove
Town Pump Inc & A.filh t .
600 South Main Street
Butte, MT 59701
Re-, Conditional Use Permit FCU-03-07.
Dear M. A.:
This Ittr is in response to your request of satisfaction of your CUP nth regards t
your continued effort on the project
After review of CUP #FCU 03-07P its extension, and the accompaniment of design
materials for the expansion of Town pump Kalispell 5 ; 1 accept that the information
subrin'tted has demonstrated a continued effort in good faith in commencing the above
earned a t vity. ' `our pennit Will remain valid.. See Section 2. 6. #2r . of the
Flathead County Zoning Regulations (attached).
If you have any qiaestions concerning this matter, please do not hesitate to contact me.
m erely,
Johnolorrison
lnt .m Zoning Administrator
: PZ\CUP- T \F - XT\FCU 03-07 continuous effort
MONTANA COERCE 4 # C.
REQUEST FOR CONDITIONAL USE PERMT
KALISPELL PLANNING DEPARTMENT
REPORT KCU-0511
-
ANUARY 3, 2006
This is a report to the Kalispell City Plannmg Board and Kalispell City Council
regarding a request for a conditional use pest to add a tavern/casino to an e2.stin
convenience store on the south end. of Kalls ell. A public l ean'ng to review this
request has been scheduled before the plannffig board on January 1.0, 2006 in the
Kalispell City Council Chambers. The planning board wifl forward a recommendation
to the city council for Fmal action.
BACKGROUNDINFORMATION:
Petitioner/ Owner: Montana Commerce, LLC
P.O. Box 6000
Butte, MT 59702-6000
(406) 4-21
Size and Location: This site is located on the southwest corner of Cemetery
Road and US 93 (commonly referred to as Four Corners). The property contains
apprommately 1.25 acres and has approximately 270 feet of highway frontage.
The property can be described as Assessor's Tract 5A in Section 29, Township
28 North, Range 21 Vest, P.M.M, Flathead County, Montana. a. The address is
2910 Highway 93 South., Kalispell.
C, Summary of Request: The apphcants propose to construct a. 2,721 square
loot addition to are existing 4,116 square foot Town Pump convenience
store/ gas station. The addition would contain a. casino and tavern using an all
beverage Equ.or l cen e. The applicants under separate application are
applying for annexation to the city of Kalispell with a -2 zoning classification.
--2 zoning allows taverns as an administrative conditional use permit.
Administrative conditional use permits are submitted for staff review, but are
not presented to the planning board nor is public comment routinely
requested. Casinos are allowed y conditional use permit in the -2 zone and
are subject to a series of initial spacing requirements ents as wen as the traditional
conditional al use parameters. Those locatio .al. standards prohibit a casino if it
is located tin Soo feet of a church, school, park, residential zone or another
casino.
Do Existing Land Use and Zoning: The site currently contains the Town n Pump
convenience store and gals station.. There are 4 pump islands with a large roof
structure covering the islands. The convenience store contains 4,116 square
feet of store area are.d a paved parking lot with 23 parking spaces. This
property is currently situated in the County r Highway 93 South. Zoning District
and carries an I-1H Highway Light Industrial classification. This district i
intended ed to provide areas for light industrial ial uses and service uses that
typically do not create objectionable -products(such s dirt, noise, glare,
KCU-05-11 Montana commerce L C
Page 1 of 6
heat, odors, smoke, etc.) which extend beyond the lot ]yes. It is also intended
that the encroachment of on -industrial or non-specific cor x ial uses
within the district be prevented. The district is intended for uses that locate
along state and federal highways ys and contains greater levels of perfo=ance
and slgnage restrictions for the purpose of protecting the County's major or travel
gays from unnecessary encroachments are.d 1=''ting access points to encourage
improved traffic flows and to preserve scenic corridors and entrance ways to
major con. mur 'ties. In March, 2002 the County added commercial uses to this
district.
E. Surrounding Zoning and Land : The adjacent lance uses are in transition but
are currently agricultural to the east, west and south and a mixture of commercial
to the north along Hwy 93.
North: Highway 93 R W, Toyota Dealership, County Collectibles
and city its zoned City -2
South: Agricultural. zoned County l- I H
East; Agricultural. zoned County l- 1 H
Nest: Agricultural zoned County l- I H
F. Relation the Growth Policy* This property and the general area of the Four
Comers intersection is designated as Commercial on the Kalispell Growth. Policy
2020, future land use map and ote .tial u.ti.ty service area. This portion of the
request is in compliance with the Growth Policy. In addition, Chapter 4, Policy
under Highway Community Entrance of the Growth Policy states that highway
commercial uses should be encouraged to adhere to the following:
I. Encourage access by a secondary street or shared access.
2. Landscape parking areas and frontages to enhance development,
3. Keep signs simple to reduce clutter
. Discourage outdoor storage and screen dumpsters, rooftop equipment,, etc
to enhance aesthetic considerations.
5. Outdoor lighting should be love intensity are.d directed ownwar l and
shielded to prevent glare.
G. Utilities/ Services.
Serer service; City of Kalispell (upon annexation)
Water service*. City of Kalispell (upon annexation)
Solid Waste:
Private hauler for at least five Fears
Gas:
Northwest Energy
Electric:
Flathead Electric Cooperative
Phone:
Ce ..t ry "el
Police:
exation
City of Kalispell (Upon. annexation)
Fire:
Kalispell Fire Department
Schools:
School District , Ka. ispe
KCU-05-11 Montana commerce L C
Page o
EVALUATION OF THE REQUEST
The application is reviewed accordance with the conditional use review criteria i
the Kalispell Zoning Ordinance.
.. Site Siliy:
a.. Adequate UseableSpace: The site appears to provide adequate space t
accommodate a 2,721 square foot addition with the existing building
and gas island. The addition wfll tusk in behind the southwest comer of
the building in an open area. Lot coverage of the existing and proposed
buildings is 13 % . Parking, which will be discussed below WIR need to
e addressed.
. Adeguate ,access: Access to the site was established with the recent re-
construction uction of US 93 and includes an approach onto Cemetery Road to
the north which aHows traffic to go through a. traffic light at a. controlled
intersection and an approach onto US 93 at the south end of the
property. The main approach off of Cemetery Road. complies with he
Growth Policy encouraging g access points other than directly off' of US 93.
C. Environmental Constraints: The site is fat and hies outside of a
designated food lain per FEMA Panel 00023-820 . There are no
other known enviro=ental constrains. Prior to breaking ground, a.
drainage plan will need to be developed and approved by the Kalispell
ell
Public Works Depaxtment to handle any potential runoff from the site.
No other significant environmental constraints are apparent on the
propel,
2. Appropriateness of assign:
a.. Parking and site circulation: Kalispell oning r ma ice 27.35.050(13)
requires one space/ 100 square feet for convenience stores under 4,000
square feet in size. For that portion of the floor area that exceeds 4,000
square feet, the ratio goes to one space/too square feet. The existing
convenience store would need 41 spaces. Currently, there are 23
parking spaces adjacent to the building thus it falls 18 spaces short of
our current standards, However because it is a pre-existing use the
shortfall all is grandfath r d in.
The new 2,721 foot casino to em addition under section 2 .35. o 1'
would require 27 new parking spaces for a total of 50 ark g spaces on
site. The applicants would therefore have to su rmt a plan showing an
additional 27 parking spaces in compliance with the city parking
standards prior to issuance of a building pennit and would be required
to construct theca prior to opening the casino tavern addition.
Traffic circulation within the site is generally adequate with two
approaches.
KCU-05-11 Montana commerce LLC
Page 3 of 6
Pedestrian facilities do not generally exist on this site. A sidewalk
system extends along US 93 from Kalispell south to Cemetery Road. It
does not extend south across the intersection onto this property. It
would be appropriate as this is the next property in lime to extend
pedestrian access facilities along loth US 93 and along the south side of
Cemetery Road to insure a. uniform and consistent pedestrian movement
ent
dough this area and as the city grows to the south on Us 93 and to the
west on Cemetery Road. 'This will serge to separate pedestrian traffic M*
the area from vehicle traffic, which will be more critical as traffic
increases at this intersection and the mix of traffic changes with the
introduction of tavern and casino patrons.
. erg ace: No specific open space requirements ex.st In the zoning
regulations for a development of this type. Landscaping will be required
as a percentage of all new parking. The site presently has open space
along the westem property lime, however, It is anti * a.te . that this lard
will be utihzed for parking.
C. Fencing Z Scree i Lan sca in : None is proposed at this time as the
property abuts a rtcultural lands with an industrial. County zone.
.. Si s; The property contains a. pylon. sign. This is a non -conforming
sign because of height 32 feet) and the reader board sign occasionally
flashing. The reader board Brill be required to come into compliance
ce
within one year of annexation. The pylon sign wiH came into compliance
at the point the sign is removed, significantly altered, or more than 0%
of the copy is replaced. Additional signa e is proposed on the building
and will comply with the city sign ordinance.
3. Availabfflty of Public Services/ " cflltics:
a. Schools: This site is within School District 5. No ' act is associated MP
with the proposed expansion.
sion.
. Parks and Recreation: on: Because of the commercial nature of this use, no
impact is anticipated on parks and recreational facilities,
C. Police: Police protection will be provided by the Kalispell Police
Department. Because of the mature of the facility increased demands s on
police could be anticipated.
.. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts are anticipated from the proposed use
however, the fire department will reed to approve the site access and
location of hydrants prior to occupancy.
KCU-05-11 Montana commerce LLC
Page 4 of
e. Water and sewer: Water and sewer are available to the existing facility
and will be extended upon annexation. with the re-comtructiorr of US
93, both water and sewer were extended to the south sidle of Cemetery
Road abutting this property. Water and seiner services can be provided
y the city of Kalispell without any significant impacts to capacity.
f. Solid. Waste: Solid waste pick-up will be provided by a private hauler.
. streets; The property has two approach points, the northerly y access
empties out onto Cemetery Road owned and maintained by Flathead.
County. Both access points were recently approved. by MDT as part of
the US 93 re -construction project. Pedestrian facilities cease at the
north side of Cemetery Road. It would be a ppro rl ate to continue therm
south along US :3 and west along Cemetery Road as this property
becomes part of the city and as development terrsi es at this
intersection and in this neighborhood. In light of city practise allow
collector and arterial streets, the replacement of the 5 Foot concrete
sidewalk with the 10 foot wide bike path would be appropriate.
. Neighborhood Impacts: Impacts of the proposal are not anticipated to he
sigriffi cant to the immediate neighborhood. The east, south and west sides of
this propel are vacant farmland poised for development. To the north lies the
major southerly entrance Mto the city of Kalispell. The convenience store
already e:�dsts. The casino tavern addition will he partly blocked by the
existing building and gas station, island. Good sig .age and landscaping are key
issues to make this property show well as an entrance use and to provide
defined access points into and out of the property. A notice of public hean*ng
was wiled to property owners within 150 feet of the site approximately 15
days prior to the hearing. As of this writing, staff has received no comments
from neighbors on the proposal.
The Kalispell ell Growth Policy states that landscaped highway frontages and
parking lots are key design issues for entrance way properties. signae should
e simple to reduce clutter and outdoor lighting should be low intensity
directed downward to reduce glare.
5. Consideration io of historical use patterns and recent changes: The proposal
appears to be compatible with the immediate development patterns and treads
of the area where a mix of uses is occurring. increased design. standards
including addifional l.andsca in and silage review should e encouraged..
. Effects on propel values* No significant negative impacts on property
values are anticipated to current development. er t. As previously mentioned, the
proposal is compatible with the neighborhood, and the development and land
use impacts would be typical of that anticipated for the area although a higher
design standard is anticipated at key intersections and entrance ways to the
city.
K- -1 Montana commerce LL
Page 5 of 6
RECoMMN ON
Staff recommends that the planning board adopt the staff report KCU - 5-. I as
fmins of fact and recommend to the Kalispell City Council that the conditional use
permit be approved s f ect to the following condi.tior s:
The proposal will be developed in substantial conformance with the approved
site plan and other application mater*a s. That the conditions associated with
this perry It s.h,,dl be met prior to use of the building addition and operation o
the tavern. casino.
2. If the applicant has not secured a ' permit from the State o Montana at
the time of annexation, the applicant wiH be required to secure a. building
permit from the city of KalispeH 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.
, 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 M the
Kalispell Zoning ordm' ance. The parking plan shall be submitted to the city
Site Review Committee for approval prior to issuance of a building permit.
�* In order to address pedestrian circulation and lieu of a sidewalk, the
applicants shall extend a rnin=*urn 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, W permit will be re ire i
from the Flathead County Road Department and MDT should the applicant
place these structures in the R W.
. The applicant shall be required to hook up to city serer and water prior to
occupancy of the tavern/ casino.
. The pylon pole sign with the electric reader board sign (arid 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. 2 .2 «�o o 1,2 Kalispell Zoning Ordinance)
. The conditional use permit is valid for a period of 18 months from the date of
authorization after which time if the commencement ent of activities has not
occurred the per xx *t shall be void. A continuous, good faith effort to design the
building, obtain fmancing and other activities shall be considered a
commencement.
Staff: TJ
KCU-05-11 Montana commerce LLC
Page 6 of 6
City of Kalispell
Planning Department
17 - 2 Strom East., Suite 2 1, KafispelL Montana 5 9 901
Telephone.-
Fax: (406) 751-1858
We sit : kalispellplanning.com
REPORT Kalispell Mayor and City Council
FROM: Thomas R. Jentz, Director
James H. Patrick, City Man age r
SUE`EC"` Montana Commerce LLC request for a conditional use pest to
locate and operate a tavern./casino at 219 10 Highway 9 3 South
(Four Corners)
MEETING Work Session - January 23, 200
BACKGROUND: This is a request by Montana Commerce LLC for annexation to the city and a
conditional use perm to allow the construction .coon and operation of a 2, 21 square foot
casino/tavern in connection with an a sting Town n Pump convenience store and gas station,
The site contains one acre of land and supports the existing 4,116 square foot convenience
store, 4 pump island gas station and 23 parking spaces. -rye property address is 2910 U.S.
Hwy 93 South and is located on the southwest corer of Cemetery Road. and U.S. Hwy 93.
In 2003, the owners of this location applied to Flathead County and received a conditional use
permit to operate a ta.vem/casino at this location. Montana Commerce LLC purchased the site
later and began pars to construct the casino as are addition to the convenience store. They
applied for a state building perm. The pert �r� dicated a need for expanded waste water
treatment to accommodate the larger building. Because the city grater and surer main
abutted the property, they were denied a permit to expand their emisting septic tank and drain
Feld and told they needed to hook up to the emisting Kalispell facilities. Montana Commerce
proceeded to apply for annexation a.n.d the necessary city conditional use permit.
t the January T oth Kalispell City l a nn i Board meeting, the board unanimously approved
irr�tla zoning o - 2 General Business for the site upon annexation y �e c1t However, the
board recommended denial of the conditional use pest to allow the tavern/casino based on
the single and that the proposed casino would he within Soo Feet of a. coon residential.
zone. Attached to this memo are the transmittal ttal letters from the planning board and the
original staff report with conditions for your reference.
Staff had recommended approval of the conditional .se permit with 8 conditions of compliance
attached based on findings in the sty report including the fact that the site had adequate
usable space, no e.viromen.tal limitations were present, city grater and sewer and other
municipal services were adequate and available, Cemetery Road. and U.S. Hwy 93 South had
just been reconstructed, a, traffic light was present at this intersection to control traffic and
finally o neighborhood comment had been received prior to the hearing.
Staff' pointed out that the zoning ordinance prohibits casinos when located within Soo feet o
another casino, a park, school, church or other residential zone. Staff noted that a. countv
residential zone did lie on the north sidle of Cemetery road within Soo feet of the proposed
casino site. In general consultation with the city attomey It was staffs opinion to the board
Montana Commerce LLC/
January 19, 200
Page 2
that this was not a fatal or enforceable criteria.. Staff based their concliisions on the following
points
0 The Kalispell Zoning Ordinance only has jurisdiction within the city 11imits of Kaise.
Therefore, the gex e c reference to "residential zones" would refer to city residential
zones, not county residential zones or county residential zones that may sex into the
c ity some time i the rear future,
0 In 2003, Flathead County approved this location for a casino. The residential zone has
been M place for approximately 16 years and its presence was not critical to the
county"s approval.
The county has not adopted spacing or locat .onal criteria for casinos which would
indicate that they do not hold the same level of concem as the city does for protecting
their neighborhoods and residents_
REC AMEND ' ` N: The council should consider the application of Section. 27.14.030 5 of
the dispel. Zor'g Ordinance which states, "casino if Soo feet or more From churches,
schools, parks, residential zones, and other casinos measured from property line to property
line."
If the council concurs with the planning board that this condition applies to the county
r esiidential zone on the north side of CemeteryRoad, a motion to deny KCU-o - 11 would be in
order at the February 6 council meeting.
If the council. fmds that Section 2 . . establishing a 300 foot limitation between a
casino and a residential zone does not apply to county zones, then a motion accepting staff
report KCU-0 - I 1 as Findings of Fact and approving KC -o5- 1 with 8 conditions, as modified
by the council, would be in order at the February 6 meeting.
Respectfully submitted,
4
ti
Thomas R. Jentz 'awes H. Patrick
Director City Manager
Report compiled: January 19, 200
Attachments: Draft Transmittal letter, K - -21
Draft Transmittal Letter, Kc - o -1
Staff Report KC-- 11 and application rnaterla.s
c: Theresa Fite, Kalispell city Clerk
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CONDITIONAL USE PERMIT TO ALLOW A TAVERN/CASINO
IN THE B-2 GENERAL BUSINESS DISTRICT
FILED CONCURRENTLY WITH INITIAL ZONING UPON
ANNEXATION
PWT DAM 12/6/05
FILE## KCU-05-11 H:\gia\site\kcuO5—ll.dwg
City of Kalispell
Planning Department
Street East, Suite 211, Kali , Monte 59901
Telephone.- o -18 o
Fax: o751-1858
MEMORANDUM
Kalispell city Staff
Other Interested Parties
FROM: Tom Jentz, Director <��
RE: Janus 10, 2006 - Kalispell P1,ter � r� Board Meeting
DATE: December 20, 200
These items will go before the Site Development Review committee in the Kalispell
Building e artme .t on the fo owm'dates:
• Dec 22 - r teal Review
• Dec 2 - Staff Comments
Please Note: Not all of the projects listed wiH warrant your consideration or
comments y- only those within your applicable area of jurisdiction or review.
Final Comments BY:
December 30 so that they can be cor orated into the staff report for the Janua-ry 10,
2006 public hearing. Please bring your comments to the above referenced site review
committee meeting(s) or submit your comments in writing or by phone so that they
can be incorporated Mto the staff report to the planning board. You, can reach me at
o or e-mail at t'c ibkalis eU. coxes.,
1. A request by James & Karen Holmquist for an imtia.l zonm'g designation of R-2,
Single Family Residential, upon annexaton to the city of Kalispell o
approximately 2.54 acres. The property is located at 405 West Evergreen Drive
just; east. of Whitefish Stage Road.
2. A request by Luther French for an 1-ru'dal zoning designation of -2, Single Family
Residential, upon annexation to the city of Kalispell on approximately I acre. The
property is located at 1624 Woodland Avenue.
3. A request by John & Bobbl Bonner for an initial zoning designationof -1,
Neighborhood Buffer District upon arm.exatio . to the city of Kalispell o
. rom to y 1 2 acre. The property is located at 1322 VVhtofish Stage Roach.,
north of West Evergreen n*ve.
. A request by Jody Middleton & Lori Fisher for a conditionad use pest to mew the
construction of a three -unit townhouse in addition to a single a=. y residence ence that
c=ently exists on the property. The property -is located at 13 10 - 6th Avenue West
in KaHspell and is zoned , Two Fly Residential.
5. A request by Montana Comraerce, L C for an initial nm*designation of B -2.
General Biasiness, upon annexation to the city of Kalispell on approximately 1 acre.
The property is located at 29 10 Highway 93 Sow at the intersection of Cemetery
Road.
. A request by Montana Commerce, LLC for a conditional use pest to allow the
operation of a Tavern/Casino at the current Town Pump gas station ion located t
2910 Highway 93 Soixth at the intersection of cemetery .load, A request for
annexation and ixu"tial zoning has been filed concurrently with the c x .tional use
permit apphcation.
If You neon additional formation regarding any of these items, please cal. e_ Thank
you for tang the tie to review and comment on these items.
c: attachments. F. day Ru atto, Fire Dept.
Mike Baker, Parks and Rec
James Patrick, City .manager
P.J. Sorenson.., Zoe istrator
Roger Krauss, Police Dept*
Fri castles, City Engineer
Jim Ha s , Public Works Director
Mark Crowley, Construction Manager
er
Sandy Wheeler, Community Redevelopment
Susan. Moyer, Community Development Director
Craig Kerzman, Chef Building Inspector
r
Charles Nara, city Attorney
MDOT, Local
MD , Land Planning Division. Helena
Care Johnson, County Road Dept.
Evergreen Fire Dept.
South Kalispell Fire Dept.
c: wl o attachments: applicants
City of Kalispell
Planning Department
1 - Street fit$ Suite 211, KalispelL Monte 59901
Telephone: o 1-1 o
Fax: (406) 751-1858
Wite: kalellplmffig.o.
You are being seat this notice because you are a property over within 150 feet of the
proposed project noted below and will be most directly affected by its development.
You ..a re an opportunity to present your co Tr cents and concerns at the meeting g noted
below. You may contact this office for additional information.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ?OTC COMMSSION
January 1, 2006
The rear meeting of the Kalispell City Planning Boardand Zoning Conunission is
scheduled for Tuesday, January ., 20 in M M the Kalispell City
Council Chambers, 161-i1ispe . City Hall, 312 First Avenue East, Kalispell. The planrung
board will hold a public hear*.g and take public comments on the foRowing agenda
items. The Board will make a recommendation to the Kahspell City Council who wiH
take final action.
. A request by James & Karen Holmquist for an U*U'tial zoning designation of R-2,
Single Family Residential, upon annexation to the city of Kalispell on
approximately 2.54 acres. The property is located at 405 Nest Evergreen Drive
e
just east of Whitefish Stage Road and can be described as Assessors 'bract 5
located M Section 32, Township 29 North, Range 21 Vest, P.M.M,, Fla-thea
County, Montana..
2. A request by Luther French for an initial zoning designation of -2, Single Family
Residential, upon annexation to the city of Kalispell on approximately 1 acre. The
property is located at 1624 Woodland Avenue and can be described bey as Assessors
Tracts 6BA, 6HA, 6HB, 6HBA, and Lot 32 A, Block 1 of green Acres in Section 17,
Township 28 North, Range 21 "west, p.M.M*, Flat -head County,, Montana.
3. 1 request by John & Bobby, Bonner for are initial zonmg designation of - T,
Neighborhood Buffer District upon annexation to the city of Kalispell on
appro=ately 1 2 acre. The property is located at 1322 W itef�.s�i Stage boa ,
north'of West Evergreen Drive and can be described as Assessors Tract 5F or Tract
of Certificate of Survey No. 9490 located in Section 32, Township 29 North,
Range 21 West, . M. M . , Flathead County, Montana.
. A request by Jody Middleton & Lori Fisher for a. co itio .al use permit to allow the
construction of a three -mot townhouse in addition to a single famUy residence that
currently emsts on the property. The property is located at 1.310 - 6thAvenue West
in Kalispell and is zoned - , Two Family Residential. The property can be
described s Assessors Tract 8TH located in Section 8, Township 28 North, Range
21 West, .M.M., Flathead Caunty, Montana.
5. A reqijest by Montana Con roe, LLC for an al zoningdesignation o -2 ,
General Biasiness, upon annexation to the city of Kalispell on a ro='ate y 1 acre,
The property is located at 29 10 Mghway 93 South at the intersection of Cemetery
Road and can be described as Assessors Tract SA located M Section 29, Township
28 North., Range 21 West, P.M.M., Flathead County, Montana.
request by Montana Commerce, LLC for a conditional use pest to avow the
operation of a Ta ern Casino at the current 'how. Pump gas station .oca.ted at
2910 Highway 93 South at the intersection of Cemetery Roach. A request for
annexation and initial oning; hasbeen wed concurrently with the conditional use
permit applicadon. The propel can be described as Assessors 'bract 5A located in
Section 291, Township 28 Now, Range 21 Vest, . M * M. , Flathead County,
Montana;
Documents pertaining to these agenda items are on file for public inspection at the
Kalispell Planning Department, 17 Second Street East, Suite 211, Ka l is ef,, MT 5990 1,
and are available for public review ding rear office sours.
Interested persons are encouraged to attend the hearing and make their views and
concerns known to the Board. Written com rents may be submitted to the `ri -Cit
1 * .g Office at the above address, prior to the date of the hearing, or you may
contact Tom Wentz, Planning Director at o 51- l 5o or e-mail at
:denwJc-ahspell.com for additional Formation.
Sincerely,
Thomas R. Jentz
Planning Director
o. 10123
NOTICE OF PUBLIC
HEARING
KALi PE 1 1TY
PLANNING BOARD
AND ZONING
CC)MMISSiON
JanuarY 10, 2006
The r ► uiar meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, Janu-
ary 10, 2006 beginning
at l rr'l in the Kalis-
pell City Council Cham-
bers, Kafispell City Mail,
312 First Avenue Bast,
Kalispell. The planning
board Mil hold a public
hearing and take public
comments on the follo -
ig agenda items. The
Board will male a rec-
ommendation to the l a-
liali City Council who
will take final action.
1. A request by James
Karen Holmquist for
an initial zoning desig-
nation of RR , Single
Family Residential.
upon annexation to the
city of Kalispell on ap-
proximately 2.54 acres_
The Propel is located
at 40West Evergreen
Drive just east of White-
fish Stage Road and
can be described as As-
sessors Tract SA locat-
ed in Section 32., Town-
ship 29 North, Range 21
-West, P. . ,, Flathead
County, Montana.
. A request by Lather
French for an initialzon-
ing designation of R-,
Single Famiiy Residen-
tial, upon annexation to
the city of Kalispell ell o
approximately ately 1 acre.
The property is located
at 1624 Woodland Ave-
nue and can be descri-
bed as Assessors
Tracts 6BA, 6HA, 6H6,
BA, and Lot
lock I of Green Acres
in Section 1, Township
2-8 Forth, Range 21
West, P. .M., Flathead
County, Montana.
. A request by Jody
Middleton & Lori Fisher
for a conditional use
permit to allow the con-
struction of a three -unit
townhouse in addition to
a single family resi-
dence that currently ex-
ists an the property.
The property is located
at 1310 — 8th Avenue
West in Kalispell and is
zoned R- f Two Family
Residential. The prop-
erty can be described
as Assessors Tract 8TR
located in Section 18,
Township 28 North,
Range 21 VVesi,
P.M.M., Flathead Coun-
tyi Wotan,
. A request by Monaca-
n. Commerco, LLCM for
an initial zoning desig-
nation of B- f General
Business, upon annexa-
tion to the city of I' aiis-
peii on approximately I
acre. The propel is lo-
cated at 2910 Highway
93 South at the inter-
section of Cmetery
Road and can he de-
scribed as Assessors
Tract 5A located in Sec-
tion 29, Township 28
North, Range 21 West,
P.M. -, Flathead Coun-
ty, Montana.
6. A request by Monta-
na Commerce, LLC for
a conditional use permit
to allow the operation of
a Tavern/Casino at the
current Town Pump gas
station located at 2910
Highway 93 South at
the Interse ion of Cem-
etery Road. A request
for annexation and initial
zoning has been filed
concurrently with the
conditional use permit
application. The proper-
ty can be described a
Assessors Tract 5A lc�
caed in Section 29,
Township 28 North,
Range 21 West,
P.m.., Flathead Coun-
ty, Montana.
. A request by John
Bobbi Bonner for an ini-
tial zoning designation
of B-1 , Neighborhood
Buffer district upon an-
nexation to the city of
alisoeli on approxi-
mately 1 / acre, The
property is located at
whitefish Lat e
Roast, north of WestEv-
ergreen Drive and can
be described as Asses
-
c3or Tract 5F or Tract 1
3t Certificate t SurveY
,No. 9490 located #n
erection 31, Township
29 North, Range
,IV est, I .v.m.. Flathead
County, Montana.
Documents pertaining
to these agenda items
are on file for public in-
spetion at the Kalispell
Planning Department,
17 second Street East,
Suite 211, i all pe"T MT
01, and are availa-
ble for public review
during regular office
hour's.
interested persons are
.ancoura ed to attend
:he bearing and make
_heir views and co -
erns known to the
-Board. Written corn-
enrs may be o €t-
e to the Tri-City Plan-
ning Office at the above
address. prior to the
date of the Dearing, or
you may contact Tom
Jentz, €il,nning Director
STATE OF M NTA NA
FLATHEAD C TY
AFFIDAVIT OF PUBLICATION
SERI CNKLLN BERG DULY SWORN
DEPOSES A.N SAYS: THAT SHE IS THE LEGAL
CLERK OF THE DAILY INTER LAB A DAILY
NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
K.:SL, IN THE COUNTY OF FLATHEAD,
STATE OF M NTANA, AND THAT NO 10123
LEGAL ADVERTISMENT WAS
PRINTED AND PUBLISHED IN THE RE GLH AR AND
ENTIRE ISSUT OF SAID PAPER., AND IN EACH AND
EVERY COPY THEREOF ON THE DATES OF
DEC 2
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING Ry4TE CHARGED TO ANY OTHER
ADVERTISER FOR THE SASE PUBLICATION,
SET 1N THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to
Before me this
AD DEC 26,2005
i
Notary Public 1'or the State of Montana
Residing in KallsDell
My CCU=fission r9/11/09
at , 4 ro) / * i -i u5o or. -
rnaii him -at tjentz@ kalis-
peii.com for additional
information.
/ /Thomas R'Jentz
Thomas R . Jent
Planning Director
� el cemher 25, 2005.
CERTIFICATION
APPLICANT: Montana Commerce, LLC
`CPO FILE NO KA- 5-2 KCU-05-11
1 the undersigned certify that I did this date mail via First Class mail a copy
noticeof the attached llova*ng list of landovmers ad 1
jo*ning the
prope lines of the property that is requesting annexation and
conditional use permk.
Date:
{
Lot/Tracts# Tract , Certificate of Survey #16501
Property Owner/Mail Address:
Montana Commerce, LLC
P.O. Box 6000
Butte,, MT 59701
AND ATTACHED LIST
Montana Commerce, LLC Todd & a a Gardner Ernest & Martina Martinez
Mz
R * Box T am Raml w 27 Bar H Drive
Butte,MT 59701 P.O. Box 958 Kalispell, MT 59901
Kalispell, MT 53-58
James & Camilla L x
P.O. Box 2694
Ka.isll, MT59903-2694
Terry & Pamela. Eaton.
105 Welf lane
Kalispell, MT 59901
Flat -head County
800 South Main Street
Triple Enterprises, LLP
6331 U. S. Highway 9 3 South
Whitefish, MT 59937
Mary & Jeffrey Roper
313 Fox Hollow Road.
Kalispell, MT 59901
Karen & Alan Avery
2858 U.S. Highway 93 South
Kalispell, MT 59901
Josephine sic r us Ling Tr
P.O. Box 806 TO
Pound, OR 97280-161
Neil & Phyffis BertelsenFam Tr
212 ,fipple Tree Circle
Kahspell, MT 59901
State of Montana
Dept. of Transportation
P.O. Box 201001
Helena, MT 59620-1001
Myers Realty, Inc.
P.O. Box 469
gf rk, MT 59911-0469