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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 COUNTY �' BIZ 11EB s^1 SAA 5AB G Y 5MC SM SMBA 5 -ML 2 5 ou i .L. Z <r 1,2 SBAA5B v-I V-4 t� SBALA "� ��Vi1�a BC SKD ............ liz ,,, _ _ SK lic s S�+ 11FB1i� ,¢1�F ilV Ll U i1H 11T 5E SKB W U 5C SKA� SKBB 5 SUED io0 1F 1 SubjQ)ect��ierty ��' = uNTY �' 11 H 4 A COUNTY (' 1 H 5D 1B VICINITY MAP SCALE 1 z5o' MONTANA COMMERCE, LLC 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