2. Ordinance 1574 - Zone Change Request - Hilton Garden Inn - 1st ReadingREPORT TO,
FROM:
SST
MEETING DATE:
Cl*ty of Kali*spell
Planning Department
2nd Strom East, Suite 211, Kalispell, Montana 59901
Telephone- 06) 51-15o
Fay* 06) 751-1858
Kalispell Mayor and City Council
Seam Conrad, Senior Planner
James H. Patrick, ck, City Manager
Hilton Garden Inn and Conference Center Zone Charge and
Planned Unit Development
May 1, Zoo
BACKGROUND: This is a request for a Zone Change from - 1 (Public) to -2 (General
Business) es and Planned Unit Development P overlay district on a. 3.4 acre lot* The
requested PUD overlay district would aHo r a Hilton Garden Inn and Conference
Center to exceed the pernutted building height of 40 feet In the -2 General Business)
zoning district and place a easmo Within the hotel/ conference center which is within
Soo feet of a City park. Specifically, the owner is requesting the hotel be allowed a
maximum height of 56 feet and a casino, approximately 1,540 square feet in see, be
permitted within the 117,300 square foot hotel/conference center, which is located
within Soo feet of Lions Park.
The property is located approxftnately boo feet south of the intersection of Highway 93
and 18th Street West, on the west side of the highway. The property address is 1840
Highway 93 South, (the Armory Building), and can be described as Assessors Tract
in Section 20, Township 28 forth., age 22 West, P. M. M, , Flathead County, Montana..
(KPUD-06-0 l
The planning board . held a pubhchearing at a meeting on n1 11,, 2006 andafter
hearing the staff report, testimony from the applicant and other members of the
bh , the planning board recommended the City Council approve the zone change
and PUD request subject to the conditions listed in the staff report.
R OM3=N ION: A motion to approve the first reading of the ordinance for the
planned unit development would be in order.
FISCAL EFFECTS: Positive impacts once fly developed.
ALTERNATIVES.,
�T�As suggested by the City Council.
Mn Zone Change and PUD
April 24, 2006
Page 2
RespectfuRy subinitteo<-)
Sean Conrad
Senior Planner
Report compiled: April 24, 2006
c: Theresa White, Kahspell City Clerk
NI
s H. Patrick
City Manager
ORDINANCE No. 1574
.AN ORDINANCE TO AMEND SECTION ' . 2. I , OFFICIAL ZONING MAP, CITY of
KALISPELL ZONING ORDINANCE,(ORDINANCE NO. I 9 BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED .AS TRACT I OF
CERTIFICATE OF SURVEY NO. 17045A TRACT of LAND, SITUATED, LYING, AND
BEING IN THE NORTH HALF OF THE NORTHWEST QUARTER of SECTION 2,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M,M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED CITY P-1, PUBLIC) To CITY -2 (GENERAL BUSINESS), WITH
A PLANNED UNIT DEVELOPMENT OVERLAY IN ACCORDANCE WIT THE
KAL :SPELL GROWTH POLICY 2020, AND To PROVIDE AN EFFECTIVE DATE.
WHEREAS, Robert Voe ker, contract purchaser of the property described above, petitioned the
City of Kais e l that the zoning classification icatio attached to the above escr*bed tract of
land be zoned - 2, General Business with a Planned Unit Development overlay on
approximately 3.4 acres of lard, and
WHER]EAS, the property is approximately 600 feet south of the intersection of Highway 93 and
t Street East at 1840 Highway 93 South, Kalispell, Montana, and
WHEREAS,, the petition of Robert Voeiker was the subject of a report compiled by the Kalispell
City Planning ' ice, Staff Report KP .. D- -o 1, in which the Kalispell Panning
Department evaluated the petition and recommended that the property as described
above be zoned - � General Business, with a Planned Unit Development t overlay,
and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter or April 11,
2006., and recommended that the initial zoning be City -, General Business with a
Planned Unit Development overlay, and
WERAS, after considering all the evidence submitted on the proposal to zone the property as
described B - , General Business with a Planed Unit De eio r ert overlay, the City
Council finds such zoning to be consistent with the Kalispell Growth Policy 2020
and adopts, based upon the criterion set forth it Section - -60 8, M.C.A., and Sta--- ---- -----.te4
----
Etc. v. Board o f C ounty Commissioners Etc. 5 9 0 P2d 6 02, the findings of fact of the
Kalispell Planning Department as set forth in Staff Report No. KPUD- -.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KAL SP LL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance,(Ordinance No. 14 0 is hereby amended by designating the
property described above as W2, General Business with a Planned Unit
Development overlay on approximately 3.4 acres.
SECTION 11. The Planned Unit Development proposed by Robert Welker upon the real
property described above is hereby approved, subject to the following
conditions:
The development of the site shall be in substantia.l compliance with the application
submitted, the site plan, materials and other specifications and all public
infrastructure shall be designed and installed in accordance with the Kalispell Design
and Construction Standards as well as any additiona.l conditions associated with the
PUD as approved by the City Council.
2. The developer shall comply with the requirements ents of the Montana Department o
Transportation .sportation in relation to any traffic studies that may be required and obtain any
approach permits and any other necessary permits from the Montana Department o
Transportation.
..............................
. The height of the building shall not exceed 56 feet and in no case shall the helght o
the building exceed the applicable maximum height limit within the ai-rport-affected
area..
4. Neon lighting shall be prohibited on signs and the building;.
5. Entrance to the casino shall be from inside the hotel/conference center. Entrances for
the casino directly from outside the building are prohibited.
. The signage advertising the casino shall be prohibited from using thefollowing:
a.. Any terms such as gaming., gambling, cards, dice, chance, etc.
. Any reference to any associated activity or any symbols or words commonly
associated with gaming.
c. Any words, terms, figures, artwork, or features intended or designed to attract
a.ttention to the fact that a casino is on site.
7. The development shall meet all requirements of the Public Works s epartme .t to
protect the City's wafter wellhead adjacent to the project.
. That a development agreement, substantially in the fora of that agreement attached
hereto as Exhibit ''A'1� be drafted by the Kalispell City Attorney between the City o
Kalispell and the developer outlining and fonualizing the terms, conditions and
provisions of approval. The final plan as approved, together with the conditions and
restrictions unposed, shall constitute the Planned Unit Development (PUD) zonmg
for the site.
SECTION 111. The balance of Section 27.02.010, icia Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION Iv. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL N SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MN N � THIS 1 S T` DAY OF MAY, 2006.
Pamela B. Kennedy
Mayor
'TES:
Theresa White
City Clerk
PLANNED UNIT DEVELOPMENT AGREEMENT
HILTON GARDEN INN AND CONFERENCE CENTER
THIS A GR MEN made as of the day of May 2006, by Gateway Hospitality
Gro-up, Inc., are Ohio corporation,, of 8920 Canyon .falls Blvd, Twinsburg, off 44087,
hereinafter "'GATEWAY"', and. the City of Kalispell, a munIcipal corporation, of 312 1 A Avenue
East, Kalispell, Montana 59901, 'hereinafter CITY;
WITNSSH
WHEREAS GATEWAY is the fee owner of certain real property located at 1840 Highway 93
South, Kalispell, Flathead County, Montana, which is further described a
follows:
Tract I of Ce if a e of Survey No. 17045, a tract of land, situated, lying,
and being in the North a f of the Northwest hwest Quarter of Section 20,
Township 28 North, Range 21 West, .M. M , .Flathead County, Montana
and is hereinafter referred to as `'Subject Property", and
WHEREAS, GATEWAY desires to have a 1 anned 'Unit Development PU overlay upon the
subject property zoned a -2 General Business that would allow some flexibility
in the height of the structure and location of a casino within the H 7,300 square
foot Facility; and
WHEREAS, in order to allow the PU , assure the installation of infrastructure tmpr ver ents
within the "Subject Property", and prescribe the permitted uses therein., the parties
hereto determine it to be in their interests to enter into this Development
Agreement.
. GENERAL INTRODUCTION
1.01 Genera
The use and development of the Subject Property shall substantially conform to and comply with
the provisions of the PUD Application filed by applicant and. the conditions contained within
Kalispell City Resolution No. 5114 approving the sale of the subject property and Ordinance No.
PLANNED UNIT DEVELOPMENT AGREEMENTMILTON GARDEN IXN
Page 1. of 6
1574 approving the development of the subject property to the Hilton Garden Ire and
Conference Ceinter PIT and incorporated fully herein by this reference.
§ 1.02 Relationship to Zoning Ordinance
Except as specifically modi ied or superseded by this Development Agreement, the laws, rules
and regulations of the City of Kalispell govemi g the use and development of land and
buildings, including the City of Kalispell Zoning Ordinance,, shall apply to the Subject Property.
§ 1.03 Drawings
The drawings annexed to this Planned Unit Development Agreement are an integral and essential
component thereof, and they are incorporated by reference herein.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned Unit Development Agreement shall become effective
immediately and d i ll terminate contemporaneously .eously ith the Net Proceeds Agreement regarding
the Subject Property. This Development Agreement may be modified or amended only as set
forth in Article VI hereof.
I.05 Certification Procedure
Whenever in this Planned Unit Development Agreement a certificate by the Director of Public
Works is required to be given, such certificate shall be given within thirty 3 days of the receipt
of a completed application. Such an application shall be deemed to be complete upon receipt of
such drawings and narrative information as are reasonably necessary for the issuance of such
certification.
11, PARCEL DESCRIPTION
2.01 The Subject Property, described in the recitals move, shall be developed with the
infrastructure improvements as described below.
N'o building permit shall be issued unless and until all improvements specified in this Agreement
as well as those infrastructure improvements which may be required by the City of Kalispell'
Standards for Design and Construction are either constructed or security provided guaranteeing
construction of said improvements for that particular parcel upon which a building permit is
requested.
UL CONDITIONS of DEVELOPMENT
I . The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications and all public infrastructure shall
e designed and installed in accordance with the Kalispell Design and Construction
Page
Standards as well as any additional conditions associated with the PIT as approved by the
city council.
2. The developer shall comply with the requirements of the Montana Department o
Transportation In relation to any traffic studies that may be required and obtain any
approach permits and any other necessary permits from the Montana Department o
Transportation.
3. The height of the building shall not exceed 56 feet and in no ease shall the height of the
building exceed the applicable maximum height limit within the airport -affected area.
. Neon lighting shall be prohibited on signs and the building.
. Entrance to the casino shall be from . inside the hotel/conference center. Entrances for the
casino directly from. outside the building are prohibited.
. The slg: age advertising the casino shall be prohibited from using the following:
• Any terms such as gaming, gambling., cards, dice, chance", etc.
• Any reference to any associated activity or any symbols or words commonly associated.
with gaming.
• Any words, tees, figures, artwork, or features intended or designed to attract attention
to the fact that a casino is on site.
The development shall meet all requirements of the Public Works Department to protect the
City's water wellhead adjacent to the project.
IV., OBLIGATIONS of CITY
The CITY agrees that in consideration of the terms set forth above, the execution of a Net
Proceeds Agreement with GATEWAY (attached hereto) and. for the general economic benefits to
e derI ed by the CITY and its cities, including the additional tax base t ' e realized, the
redevelopment of the subject property, which has been determined to be i.n a blighted area., and
its usage as a conference center, which is desired and beneficial to the local economy, the CITY
shall contribute funds for the Following.
. Demolition of the existing strictures on the subject property; and
2. Development of the public infrastructure on the subject property, or on the adjacent City
Airport property to be leased, which could include parking lot and landscaping
development; and
3. Facade or other improvements to the City pump house adjacent to the subject property.
The contribution of the City shall not exceed the total sum of EIGHT HUNDRED NINETY
THOUSAND AND NO/ 104THS ($890,000) DOLLARS.
The CITY shall enter into a long --terra leasehold agreement with GATEWAY to provide such
additional parking area. to GATEWAY as may be required by the CITY and not available on the
PLANNED UNIT DEVELOPMENT AGREEMEN'T/HILTON GARDEN INN
'age 3 of
Subject Property. This parting area shall he adjacent to the Subject Property and located on
CITY owned City Airport property. The specific terms of the lease agreement shall he
negotiated between the parties, however the length of the term shah he of such length as required
for GATEWAY to finance the project and the annual per square foot lease payment shall he
equal to or greater than such payments made by other parties leasing City Airport property.
V. AMENDMENT OR MODIFICATIONS of
DEVELOPMENT AGREEMENT
5.01 This Development Agreement may be amended or modified only, by application of the
owner, in accordance with the procedures set forth herein.
5.02 Application for amendment or modification may be made to the City of Kalispell Site
Review Committee.
5.03 Modifications of this Development Agreement which are determined by the Site Review
Committee to he minor modifications shah require only the consent of the Site Review
Committee, and shah not require the consent or approval of the City Council or any other public
agency. All amendments and modifications to this Development Aueement other than minor
modifications shall require the approval of the City Council of the City of Kalispell.
5.04 All applications for modification or amendment of this Development Agreement shall he
filed with the Site Review Committee and. the Site R..evIe v Committee shall promptly determine
whether the modification. is .minor or major.
5.05 The Site Review Committee shall make its determination with respect to any application
for a minor modification subject to this Section within fifteendays after it determines the
application to he subject to said minor modification.
5.06 If the amendment or modification requested is of such a nature as to require approval of
the City Council, the Site Review Committee shall refer the natter to the City Council within
fifteen days after it d t rn roes the matter requires Council review.
5.07 The owner may appeal any decision of the Site Review v Committee to the City Council,
who may affirms, reverse or modify the Site Review v Committee decision.
V1. CONSTRUCTION PERMITTING
§ 6.01 General Requirements
I. N'o building permit in respect to the building in any structure shall he issued by the Building
Department until the Director of Public Works has certified to the Building Department that
the infrastructure improvements as rewired herein substantially conform. to the Site
Condition requirements contained in this Agreement and that said improvements have been
constructed or security guaranteeing the construction has been received by the City.
PLANNED UNIT DEVELOPMENT AGREEMENT/HtLTON GARDEN INN
Page 4 of
II. For purposes of this Section., the "Security" required shall be in an amount equal to 12 % o
the developer's Licensed Engineer's estimate of the cost of constructing said improvements.
V11. MISCELLANEOUS
7.01 Effective Date
This Agreement shall be effective immediately and shall remain in full force and effect
until the expiration of the Net Proceeds Sale Agreement.
7.02 Severability
n the event that any provisions of this Agreement shall be deem-ed., decreed, adjudged or
determined to be invalid or unlawfal by a court of competent jurisdiction, such provision
shall be severable and the remainder of this Agreement shall continue to be of full force
and effect.
§ 7.03 Recordation
This Agreement shad.l be recorded along with the Memorandum of Net Proceeds
Agreement t with respect to the subject property.
§ 7.04 Entire Agreement -Primacy
This Agreement constitutes the entire agreement between the parties and may only be
amended as set Forth herein..
§ 7.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
Dated this day of May, 20.
GATEWAY HOSPITALITY GROUP
by:
Robeirt Welker, President
CITY of KALISPELL
y;
James H. Patrick., City Manager
PLANNED UNIT DEVELOPMENT AG EEMENTML o T GARDEN NN
Page
STATE OF 1V10NTANA )
):SS
County of Flathead )
On this day of May Zoo , before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Robert voel er, in his capacity as President of GATEWAY
HOSPITALITY GROUP, INC., that executed the foregoing instrument, and acknowledged to
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission Expires
STATE OF MONTANA )
):ss
County of Flathead )
On this day of May Zoo , before me, a Notary Public in and for the State of
Montana, personally appeared JAMES H. PA `RICK, known to me to be the City Manager of the
City of Kalispell, a municipality, that executed the within instrument, and acknowledged that
such City Manager er subscribed, sealed and delivered said instrument as the Free and voluntary act
of said municipality, for the -uses and purposes therein. set forth, and that he was duly authorized
to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed. my Notan'al Seal,
the day and year first above written.
Notary Public, State of Montana
.residing at
Illy Commission expires
PLANNED UNIT DEVELOPMENT AGREEMENTMILTON GARDEN rNN
Page
NET PROCEEDS AGREEMENT
This Net Proceeds Agreement (the "Agreement"") is entered into this � day of May,
2006 y and between GATEWAY HOSPITALITY GROUP, INIC., [hereinafter referred to as
"Owner"] of 8920Canyon Falls Blvd, Twinsburg, off 44087, and the CITY OF KA ISPELL, a
municipal corporation of Flathead County, Montana, [hereinafter referred to as the "City"'] of P.O.
Box 1997, Kalispell, MT 53- 1.
WIT NESS Hi
WHEREAS, S, Owner and City are parties to a Planned Unit Development Agreement dated May
, 20 06 providing for the construction of a 117,3 o 0 square foot Milton Garden
Iran and Conference Center (the "Facility"") the real property described on Exhibit
"A" (the "Subject Property"); and
WHEREAS, pursuant to a Sale and Purchase Agreement dated May , 2006, Owner has
acquired by purchase from the City, title to the Subject Property and all rights and
appurtenances pertaining thereto; and
WHEREAS, as additional consideration for the sale of the Subject Property by the City to Owner,
the Sale and Purchase Agreement provides that Owner shall assign and convey the
Net Proceeds Interest as hereinafter defined) to the City.
NO � � ��', co s lerat'o of the mutual promises herein contained and for other good
and valuable consideration, the receipt and sufficiency of whichare hereby acknowledged and
confessed, the parties hereto agree as follows -
Section I Definitions. All capitalized terms, not otherwise defined herein, shall have the
meanings given to them in the Planned Unit Development .t Agreement. For the purposes of this
Agreement, the followmg terms shall have the meanings set forth below:
(a) "Appraised Value" in the case of an Exchange shall mean the fair market value
of the Subject Property as appraised in accordance with Section 3 of this
Agreement.
(b) "Base Investment" snail mean the sum of i) Owner's Invested Capital, and 11
the principal portion of al Permanent Indebtedness.
(c) "CapItal Expense Reserve"" shall mean that portion of the proceeds of a
Refinancing deposited in a bank account in the name of owner as a reserve for
Capital Expenses required by the lender in a Refinancing.
(d) `Capital Expense" shall mean costs which can't be fully expensed in the year
paid under generally accepted accounting principles consistently applied, and
f.l y deducted in such year from trade or business income under the Internal
Revenue Code of 1986, as amended.
NET PROCEEDS AGREEMENT Page I of 11
(e) "Exchange" shall mean a transaction in which the consideration, in whole or i
part, to owner for its transfer or conveyance of the Property 1s the transfer or
conveyance to Owner of an interest in real property (the 'Exchange property").
"Indebtedness" shall mean any indebtedness secured by a lien on the Property
for the purpose of providing interim or permanent financing for the project, and
any outstanding equipment loans.
W "Owner's Invested Capital" shall mean that amount set Forth in venture
agreements between the Owner and the investor or investors providing the
equity portion of the Financing, to be entered into at the Closing providmg for
the investment of such equity capital.
(h) "Owner's project Loans" shall mean any of Owner's invested Capital booked as
a loan..
0 "Interest on Owner's Project Loans"" shall mean a sum equal to eleven percent
(11%) per ar num, cumulative, but not compounded.
"Net Proceeds of a Sale" shall mean gross proceeds from. a Sale of the Facility,
less 1 the payment of Transaction saction Costs, 11 repayment of the principal
balance of all Indebtedness encumbering the Facility and accr-Ued interest
thereon, 1 1 return. of Owner"s Unrecovered Invested Capital; (1v) repayment o
the p6n.eipal balance of owner's Project Loans and accrued interest thereon,
and v pays ent of the Return on base investment.
(k) "Net proceeds of a Refinancing"" shall mean gross proceeds from a Refinancing
of the Facility, less i) the payment of Transaction Costs, 11repayment of the
principal balance of the Indebtedness being refinanced and accrued interest
thereon, iii any amounts required by the new fender to establish a Capital
Expenditure Reserve, 1v return. of Owner's U rec vered Invested Capital, v
repayment of the principal balance of Owner's Project Loans and accrued
interest thereon, and vi payment of the Return on Base Investment.
(1) `Net Proceeds of an Exchange" shall mean the gross proceeds from the
Exchange, based on the Appraised value of the Property, less (1) the payment o
Transaction Costs, ii) repayment of the principal balance of all indebtedness
Encumbering the Facility and accrued interest thereon, 111return of Owner's
Unrecov red Invested Capital, i repayment of the principal balance o
owner's project Loans and accrued interest thereon, and v payment of the
Return on Base Investment.
(m) "Net proceeds Interest" shall mean a tern percent 0% interest 1n the Net
Proceeds of a Sale, Refinancing, or Exchange.
NET PROCEEDS AGREEMENT Page 2 of 11
(n) "Permanent Indebtedness" shall mean any indebtedness secured by lien on the
Property for the purpose of providing Permanent Financing for the Facility.
(o) "'Refinancing"' shall mean repayment in full of the Indebtedness encumbering
the Facility with the proceeds of another loan, regardless of whether repayment
of such loan is secured by a lien on the Facility.
(P) "Return on .base Investment" ent" shall mean a. sum equal to a thirteen percent
(13%)per annnn , carminative, but not compounded, return on Owner's Invested
Capital and the principal portion of all Permanent Indebtedness.
(q) `"Sale" shall mean the sale, transfer, assignment., conveyance, or other
dis ositlon of all or any portion of the Facility or any interest therein, including
but not limited to 1 the sale, transfer, assignment or conveyance of more than
fifty percent 50%) of the partnership or other ownership interests of Owner, ii
a taking pursuant to an eminent domain proceeding or a. conveyance in lieu
thereof and 111 a. master or ground lease.
(r) `"Transaction Costs" shall mean the reasonable, usual and, customary costs of
Owner directly associated with the closing of any Sale, Refinancing or
Exchange and actually paid in cash. by Owner to persons other than owner,
including by way of example, points, refinancing or commitment fees,
brokerage fees to bona fide third party brokers, surveying charges,
environmental enta reports, recording fees, title insurance premiums, and attorneys'
fees, provided that no costs shall be included as Transaction Costs which
represent sums paid to affiliates of Owner unless such fees are no higher than
prevailing fees for similar services in the area where the Facility is located.
(s) "Inreeovered Invested Capital" shall mean Owner's Invested Capital, less all
payments received by Owner that, according to accepted accounting procedures
are treated as a return of capital.
Section 2. Net Proceeds Interest. owner hereby assigns, conveys, and transfers the Net
Proceeds Interest to the City and agrees to pay or cause to be paid to the City upon consummation
of a Sale, Exchange, r Refinancing, cash or other good funds in an amount equal to the product
obtained by multiplying the Net Proceeds by the Net Proceeds Interest.
Section 3. Exchanges. If Owner should enter into an exchange agreement, which provides that
the Property will be exchanged for Exchange .Property, owner shall pay the City, at closing, the
Net Proceeds Interest, based on the Appraised Value of the Property, and this Agreement shall
term irate. The Appraised Value of the Property shall be determined by agreement of the parties
within fifteen 15 days after the City receives notice of the Proposed Exchange. If the parties are
unable to reach agreement, then each shall designate an MAT appraiser familiar with Facility
properties in the area of the Property within ten 1 days, and the two appraisers shall pick a third
appraiser within five days of their appointment. The three appraisers sham detenn'ne the
appraised Value of the Property as of the date of closing of the Exchange, and sail notify the
NET PROCEEDS AGREEMENT Page 3 of 1.1
parties in writing of their determination. The parties shall bear equally the costs and fees of the
three appraisers.
Section 4. No Guarantees. The City and Owner acknowledge and agree that a owner does
not warrant or guarantee that there will be any Net Proceeds of any kind with respect to the
Property and b the City has no right to receive any particular sums of money hereunder, but only
such amounts if any, as may become payable by virtue of the provisions of Section 2 hereinabove.
Section 5. Rights in Property. The City does not have, and nothing herein contained shall be
construed to grant or to vest in the City, title in or to the Facility nor does the City have any right to
approve or disapprove or participate in any decision with respect to any aspect: of the ownership,
management, financing, leasing, Sale, Refinancing or other disposltlon of the .Facility.
Section 6. Covenants of owner, owner represents, warrants,, covenants and undertakes that
durIng the term of this Agreement, ent, Owner will
(a) observe and peron-n each and every provision of any deed of trust which relates
to the Property and will promptly notify the City if owner receives a notice o
default or a notice which gives over an opportunity to cure a default under or
pursuant to such deed of tryst, and Owner agrees to cure any default under such
deed of trust within the time periods required therein;
(b) allow the City, at City"s election and in its discretion, to cure any default under
any Permanent Indebtedness, or other debt secured by a lien on the Property
(provided the City skull have no obligation to do so) and any advances rude by the
city to cure any default shall bear interest from the date of such advance at the
.lest rate permitted by applicable law and shall be repayable to the City on
demand by the City;
(c) not take any action that would cause the Facility to decrease ire value, or fall to
take any action that would prevent the Facility from decreasing in value;
(d) give the City written notice of a proposed Sale, Refinancing, , Exchange or other
disposition of the Facility at least thirty (30) days prior to the consummation of the
respective transaction', which notice shall include a copy of the executed contract of
Sale or Exchange in the event of a Sale or Exchange of the Property) or a copy of
the commitment (ire the evert of a Refinancing);
(c) give the City notice that eminent domain proceedings have been comrnenced or
the threat of eminent domain proceedings has been asserted within dive (5) days
after Owner has been notified thereof; and
(f) maintain insurance upon and relating to the Facility insun'ng against loss by fire
and such other hazards and casualties and contingencies as are normally and usually
covered by extended coverage policies in effect in Flathead County, Montana, such
policy to be on a replacement cost basis In an amount . t not less than that accessary to
ET PROCEEDS AGREEMENT Page 4 of 11
comply with any co-insurance percentage stipulated in the policy but not less than
one hundred percent (100%) of the insurable value (based upon replacement cost) of
the Facility.
Section 7. Assn meat. The City may assign or encumber its rights -under this Agreement
without the prior written consent of Owner.
Section 8. No Partnership; Indemnity. Nothing contained in this Agreement is intended. nor
shall it be construed, to create a partnership or j oint venture between the parties hereto or to render
either of the parties l .able or responsible for the debts or obligations of the other, including, but not
limited to, interest, taxes, dosses or any other liability. Owner shall indemnify and hold the City
harnless from and against any and all liabilities and obligations incurred in connection with the
Facility.
Section 9. Default. Upon any default by Owner hereunder, in addition to any other remedies
which the City may have at law or in equity, the City shall have the right to bring suit for specific
performance ance against Owner.
Section. 10. Notices. All notices or other communications required or desired to be given with
respect to this Agreement ent shall be in writing and shall be delivered by hand or by courier service,
sent by registered or certified mail, return receipt requested, bearing adequate postage, or sent by
nationally recognized ovemi ht delivery service, or seat by facsimile., and properly addressed as
provided below. Each notice given by mail shall be deemed to be given by the sender when
received. or refused by the party intended to receive such notice; each notice delivered by hand or
by courier service shall he deemed to have been given, and received when actually received by the
pairty intended to receive such notice or when such party refuses to accept delivery of such notice;
each notice given by overnight delivery service shall be deemed to have been given and received
on the next business day following deposit thereof with the over .fight delivery company; and. each
notice given by facsimile shall be deemed to have been given and received upon transmission,
provided confirmation of receipt is received back by the sending facsimile prior to 5.00 pm local
time at the sending location, or on the next business day if after 5:00 p.m. local time at the sending
location. Upon a change of address by either party, such party shall give written notice of such
change to the other parties in accordance with the foregoing. Inability to deliver because o
changed address or status of which no notice was given shall be deemed to be receipt of the .notice
seat, effective `ective as of the date such notice would otherwise have been received.
o the City:
City of Kalispell
City Manager
P.O. Box 1997
Kalispell, MT 59903
FAQ: 06 758-7758
oOwner:
Gateway Hospitality Group
Bob Welker
o Canyon Falls Blvd
Suite #125
Twinsburg, off 44087
FAX 330) 405-9898
NET PROCEEDS AGREEMENT Page 5 of 11
Section 11. Goveming Law and venue. The laws of the State of Montana and the United States
of America shall govern the validity, enforcement and interpretation of this Agreement. The
obligations of the parties are performable and venue for any legal action arising out of this
Agreement shall lie in Flathead County, Montana.
Section 12. Integration, Modification and Waiver. This Agreement constitutes the complete and
final expression of the agreement ent of the parties relating to the subject ratter hereof, and supersedes
all previous contracts, agreements and understandings of the parties, either oral or written, relating
to such subject matter. r. This Agreement cannot be modified, nor any of the t rr .s hereof valved,
except by an instrument in writing (referencing specifically to this Agreement) executed by the
party against whom enforcement of the Modification or waiver is sought.
Section 13. Counterpart Execution. This Agreement maybe executed in several counterparts,
each of which shall be fully effective as an original and all of which together shall constitute one
and the same instrument.
Section 14. Construction. The headings, which have been used throughout this Agreement,
have been inserted for convenience of reference only and do not constitute matter to be construed
in interpreting this Agreement. Words of any gender used in this Agreement shall be held and
construed to include the plural and. vice versa, unless the context requires otherwise. The words
"herein"", "hereof , hereunder" and other similar compounds of the word "'here"', when used in this
Agreement shall refer to the entire Agreement and not any particular provision or section. If the
last daffy of any time perd stated herein shall fall on a Saturday, Sunday or legal holiday, then the
duration of such time period shall be extended so that it shall end on the next succeeding day which
is not a Saturday, Sunday or legal holiday.
Section 15. Invalid Provisions. If any one or more of the provi
.sions of this Agreement,, or the
applicability of any such provision to a specific situation, shall be held invalid or unenforceable,
such provIslon shall be modified to the minimum extent .necessary to make it or its application
valid and enforceable, and the validity and enforceability of all other provisions of this Agreement
and all other applications of any such provision shall .not be affected thereby.
Section 16. Memorandum of Net Proceedsreement. Upon the request of either party, both
parties shall execute a Memorandum of Net Proceeds Agreement in the forte attached hereto as
Exhibit B (the "Memorandum") m") which shall be filed in the office of Clerk and Recorder for
Flathead County, Montana.
NET PROCEEDS AGREEMENT Page 6 of 11
EXECUTED the date first above wriften.
OWNER
GATEWAY HOSPITALITY ROU , INC.
0
Bob V e k r, President
CITY OF KAL SPELL
m
James H. Patrick, City Manager
FT PROCEEDS AGREEMENT Page's of 11
STATE OF MONTANA )
):SS
County of Flathead )
On this day of May, 2006, before me, the undersigned, a Notary Public for the State o
Montana, personally appeared Robert Voel er, in his capacity as res-I ent of GATEWAY
HOSPITALITY ALITY GROUP, INC., that executed the foregoing instrument, and acknowledged to me
that he executed the sane.
IN WITNESS WHEREOF, I have hereunto set my hand. and affixed my Notarial Seal the
.ay and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission Expires
STATE OF MONTANA )
):SS
County of Flathead }
On this day of May Zoo , before me, a Notary Public in and for the State o
Fontana, personally appeared JAMES H.. A R CK, known to me to be the City Manager of the
City of Kalispell, a munlclpality,, that executed the within instrument, and acknowledged that such
City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said
municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute
the same on behalfof said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand. and affixed my Notarial Seal, the
day and year first above written.
..................
Notary PlIe, State of Montana
Residing at
My Corr mis i.on Expires
NET PROCEEDS AGREEMENT Page 8 of 11
EXHIBIT "A"
Tract I o4f `C i� 'Suy No. 17045, a tract of land, situated, lying, being
in the North Haf of the Northwest Quarter of Section 20, Township 28 North, Range
21 West, .M.M., Flathead County, Montana.
NET PROCEEDS AGREEMENT Page 9 of 11
EXHIBIT B"
MEMORANDUM of NET PROCEEDS AGREEMENT
A Net Proceeds Agreement was entered into on the � day of May 2006 y and between
GATEWAY HOSPITALITY GROUP, INC., of 8920 Canyon Falls Blvd., Twinsburg, OH 44087,
and the CITY OF KALISPELL, a. municipal corporation of Flathead County, Montana, of P.O.
Box 1997, Kalispell, MT 99 - 997. Said Agreement affects the rights of the parties upon the
sale, refinancing or exchange the following described real property:
Tract I of Certificate of Survey No. 17045, a tract of land, situated, lying, and being
in the .worth Haf of the Northwest Quarter of Section 20, Township 28 North, -Range
21 West, .M.M., Flathead County;, Fontana.
copy of said Agreement may be obtained from either of the parties at the addresses set
forth above.
EXECUTED n the date first above written.
OWNER
GATEWAY HOSPITALITY GROUP, INC.
=10
Bob Vekr, President
CITY OF KALISPELL
y:
James I . Patrick, City Manager
NET PROCEEDS AGREEMENT Page 10 of 1
STATE OF MONTANA )
):SS
County of Flathead )
On this day of May 2006, before me, the undersigned, a Notary Public for the State o
Montana, personally appeared Robed Voel er, in his capacity as President of GATEWAY
HOSPITALITY GROUP, INC., that executed the foregoing instrument', and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
.ay and year in this certificate first above written.
Notary Public, State of Montana
Residing a
My Commission ��res ...............................
SAE OF M NANA
):SS
County of Flathead
On this day of May 2006, before me, a Notary Public in and for the State o
Montana, personally appeared DAMES H. PATRICK, known to me to be the City Manager of the
City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such
City Manager subscribed, sealed and delivered said instrumentas the free and voluntary act of said
r . c a * y, for the uses and pos s erei set forth aid e was d y or e o exec
the same on behalf of said m nici a -I y.
IN WITNESS WHEREOF", I have hereunto set my hand. and affixed .may Notarial Seal, the
.ay and year first above written.
Notary Public, State of Montana
Residing at
My Commission Expires .....................................
ET PROCEEDS AGREEMENT Page 1.1 of 11
City of Kalispell
Planning Department
7 - 2nd Stye. East, Suite 211, .Kalispell, Montana. 5990
Telephone* 6) 751-185
Fax: (406) 751-1858
April 2, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Hilton Garden Inn and Conference e Center Zone Change and Planned Urn't
Development
Dear Jim:
The Kalispell City Planning Board reset on April 11, 2006 and held a public hearing to
consider a request for a Zone Change from '- 1 Puto - 2 (General Business) and
Planned Unit Development U overlay district on a 3.4 acre lot. The requested. PU
overlay district would allow a Hilton. Garden Inn and Conference Center to exceed the
permitted building height of 40 feet in the -2 (GeneralBusiness) zoning district and
place a. casino within the hotel conference center which is within Soo feet of a City
park. S eeifieafly, the owner is requesting the hotel be allowed a maximum height of
56 feet and a casino, approximately 1,540 square feet in size, be permitted within the
117,300 square foot hotel/ conference center, which is located within Soo feet of Lions
Park.
The propel is located approximately o feet south of the intersection of Highway 93
and. 18th Street West, on the merest side of the highway. The property address is 1840
Highway 93 South, (the dory Building), and can be described as Assessors 'bract
in Section 20, Township 28 North., loge 22 West, l . M. M. , Flathead County, Montana..
(KPUD-06-01)
Seams. Conrad, with the Kahs e . Plying Department, presented staff report KPUD-
06-1 evaluating the proposal.. Elevation drawings and floor plans of the proposed
hotel/conference center were included in the presentation.
Dun'ng the public hearing the applicant, Bob Voelker, spoke in favor of the proposal..
Three others spoke in favor of the project including the Director of the Kalispell
Chamber of Commerce. All three felt that having a Hilton on the sough end of the City
would be are asset and a welcome addition.
Milton Zone Change and PUD
April , 2006
Page
The planning board discussed the proposal and the testimony. Alter discussion of the
issues raised in the staff report the planm'ng board voted unanimously to recommend
end
approval of the requested zone charge and IUD.
Please schedule this matter for the May 1, 2006 regular City Council meeting. You
i ay contact this boar. or Seams. Conrad at the Kalispell Planning Department if you
have any questions regarding this matter.
Sincerely
Kalispell City Planm'ng Board
George Taylor
President
GT/sc
i
Attachments: Exhibit A - PUD Conditions of Approval
Staff report K - -1 and application r ater' ails
Minutes from. the 11 o anning board meeting
ter/ Att: Theresa White, Kalispell City Clerk
o w/o Att. Robert Y ell er, 8920 Canyon Falls Blvd,, Twinsburg,, .rg, OBI 44087
EXHIBIT A
HILTON ` GARDEN DiN AND CONFERENCE CENTER
KALISPELL CITY PLANNING BOARD
APRI. 11, 2006
The Kalispell City Planning Board held a public hearing on this matter at the regular
meeting of the planning board of April 11, 2006. The following conditions are
recommended for the planned unit development:
That the development of the site shall be In substantial ompliance with the
application submitted, the site plan, materials s and other specifications as well as
any additional al conditions associated with the PUD as approved by the city
council. (Kalispell Subdivision e"lat rrs, Appendix dix C - Final Plat)
2. Prior to issuance of a building permit the developer shall obtain an approach
permit and any other necessary permits from the Montana Department o
Transportation.
3. The height of the h .f1 d mg shall not exceed 56 feet and in no ease shag the height
of the building exceed the applicable maximum height limit within the airport
affected area..
. Neon lighting shall he prohibited on signs and the buflding.
5. Entrance to the casino shall he from Msi e the hotel conference center.
Entrances for the casino directly from outside the buflding are prohibited.
6. The signage advertising the casino shall be prohibited from using the following:
Any terms such as gang, gambling, cards, dice, chance, etc.
Any reference to any associated activity or any symbols or words commonly
assoc.ated with gaming.
Any words, terms, figures, art work, or features r.tended or designed to
attract attention to the fact that a. casino is on site.
7. That a. development agreement be drafted by the Kalispell City Attorney between
the City of Kalispell and the developer outlining and ormalm' ' g the terms,
conditions and provisions of approval. The final plan as approved, together with
the conditions and restrictions imposed, shall constitute the Planned Unit
Development PU zoning for the site.
SC
HILTON GARDEN nqN AND CONFERENCE CENTER
ZONE CHANGE AND PLANNED UNIT DEVELOPMENT
KALISPELL PLANNING OFFICE
STAFF REPORT # .06.1
APB 24, 2006
report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for a. Zone Change and Planned Unit Development U overlay on propel
zoned - 1 (Public). A public hearing has been scheduled before the Ka .s e . City
Planningoard for Apt 11, 2006 beginningat 7:00 PM in the Kahspell City Council
Chambers. The planning board Will forward a recommendation to the Kalis en City
Council for fmal action.
BACKGROUND 2WORMA' N: Last year the City decided to sell the 3.4 acre dory
site located along Highway 93. A. appraisal of the property put the property value at
approximately 1.2 Rho . dollars. Upon opening the l iddm' for the property the City
received one bid for the amount of the appraised. value from Robert Voelker. Mr. Welker
is ursm' g the possibihty of constructing a Hilton Garden Iran and Conference Center on
the A=ory site
A. Petitioner: Robert Voelker
20 Canyon Fa.hs Blvd
Twinsburg, OH 4407
B. Nature of the R request by Robert Voelker for a Zone Change from -1
(Public) to -2(GeneralBusiness) and. Planned xned. Unit Development UI) overlay
district on a 3.4 acre lot. The requested PUD overlay district would aHow a Hilton.
Garden Inn and Conference Center to exceed the permitted building height of 40 feet
in the. - 2 General Business) zoning district and place a casino with�r� the
hotel conference center which is within Soo feet of a City park. Specifically, the
owner is requesting the hotel he allowed a maximum height of 56 feet and a casino,
approximately , 540 square feet in size, be permitted within the 117,300 square foot
hotel/ conference center, which is located within 300 feet of Lions 'ark.
C. Location and Legal � ti Property: The property is located
a. roximately boo feet south of the Mtersoctio of Highs 3 a ,d 1 Street fast,
on the west side of the highway. The property address is 1840 Highway 93 South,
(the Corr Building), and can be described as Assessors Tract 1B in Section 20,
Towriship 28 forth, Range 22 Vest, P.M.M. , Flathead County, Montana. KPU - 06 -
1
D. &fisting Land Use and Zoning: The site is currently developed with the Armor
building and associated parking. A small well hose is located in the northeast
corner of the property. The project proposal seeks to change the zoning on the
property from --1 t - 2 (General Business), In addition to the zone change the
appheant is also requesting a Planned Unit Development PUI overlay district on
the property to allow for minor deviations within the - 2 zoning district.
E. Adjacent Land Uses and Zoning:
North: City Airport, City p-1 zoning
South: Vacant lot, City -2 zoning
East: Highway 3 ions Park and. .slness Center, -2 zonm
West: City Airport, City l- 1 zoning
General Land Use Character: The general land use character of this area is
highway commercial businesses mcluding grocery stores, gas stations, fast food
restaurants, motels, casinos and professional offices.
G. Utilities and PabUc Ste :
Sewer:
City of Kalispell
Water,
City of Kalispell
Refuse.
City of Kalispef. or Evergreen Disposal Inc.
E 4. t icity.
Flathead Electric is Cooperative
Telephone:
Cent ry`el
Schools:
School District
`Ire.
Kalispell Fire Department
Police:
City of Kaispel
H* R 1 on to the KaUspell Growth Policy: The 3.4 acre project site is located
along a commercial ercial corridor on the sough end of the City. Chapter 4, Goal 2, in
the Groff Policy states that new commerei.al development should occur m areas
where public grater and sewer are available. There are existing water and sewer
lines located within the highway right-of-way adjacent to the project site.
EVALUATION OF PROPOSED ZONE CHANGE FROM -(PUBLIC).T -2 (GENERAL
co
The statutory basis for reviewm'g a zone change is set forth by -2-205, M.C.A. and the
Kalispell Zoning Ordinance. Findings of fact for the zone change request are discussed
relative to the eternized criteria described by -2-203, M.C.Q. and section 27.30.020,
Kalispell Zoning Ordinance.
1. Does the requested zone c=ly with. the Master lain
The Kalispell Growth Policy map designates this property as public as the City
currently owns the property and the current zoning district of p-1 reflects the
public land use designation. The City is in the process of selling the property in
order for finer development of the property to take plaice. Existing commercial
ercia.l
land use designations are located to the north., south and east of the project site.
These areas also have existing -2 (General Commercial) zoning. The requested
zone change to -2 would comply with. surrounding land use designations as
sown on the Growth Policy map as well as surrounding zoning districts.
2. is the reguested zone designed to lessen congestion in the streets
Section 2 .1. .01. o of the Kalispell Zoning ordinance states that the -2 district
depends on the proximity to major streets and arterials and that the -2 district
2
should be located i business corrldors or in islands. The location of the project
site is situated in the middle of a business corridor along Highway 93 South. The
-2 zorLM'g district errr 'ts a. wide range of uses including but not lir ted to
hotels, restaurants, ts, auto sales and auto re a-.r, and supermarkets among other
uses. The majority of uses permitted or conditionaRy permitted with the -2
zoning district are automobile intensive. With Highway 93 providing access to the
project site, congestion in the surrounding streets wfll be lessened as the highway
would be capable of adequately serving additional traffic generated within a.
business zorungy district.
3. WiE the re nested zone secure safe from fire aerie and other da. ers
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
comprormse the safety of the public provided new co str ctio . is built in
comphance with the building codes adopted by the City which relate to fire and
building safety. A. municipal services including police and fire protection
(including hydrants), water and sewer service are available to the site.
. Will, the requested zone promote the health and general relfare
The requested zoning classification wiR promote the health and general welfare by
restricting land uses to those that would be compatible with the a.dj oinm'
properties.
5. Will the requested zone provide for adeguate light and air
Setback, height, and coverage standards for development occurring on this site
are established M' the Kalispell ell Zoning Ordma .ce to insure adequate light and air
is provided.
. Will the requested zone prevent the oyercrowd.m*g of land.
The aim m lot size for the proposed -2 onm on this property is 7,000
square feet. The potential development associated with this property gold be
limited only by the development standards associated. with the -2 zom'ng district
that relate to lot coverage and the types of uses permitted wider the zorfing. The
proposed commercial development in this area is appropnate because of its
location and the availability of urban services. The rezoning of this land would
not create an overcrowding of laid..
. Will the re nested zone avoid undue concentration of people?
.s stated above, the potential development associated with this property would be
limited only by the development standards associated with the B-2 zoning district
that relate to lot coverage and the types of uses permitted under the zoning. The
- 2 also sets a maximum height limit of 60 feet provided a. conditional use permit
is issued. Given the lard use restrictions in the proposed -2 zoning district as
well as parking, landscaping and setback requirements, the rezoning of this land
would not create are undue concentration tratio f people.
3
Will the re jested zone facilitate the adequate., provision of tra .s rtationl. grater
sewerMe, schools arks and other public requirements?
All public services and, facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
9. Does the re nested zone 've cor sideration to the articular s lta.l ility of the
property for artic la uses?
The proposed -2 zoriing designation for this property is consisterit with the
surrounding zoninand lard uses in the area and gives due consideration of the
suitability of this property for the permitted and conditional uses in the district.
The property is level throughout with no environmental constraints such as steep
slopes, high ground water, streams or wetlands. ds. The project site is also adjacent
to Highway 3 on the east and the City a port on the west. Given the adjacent
land uses, a con=ercial zorj_m'g district would be appropriate for this site.
10. Does the reguested zone give reasonable consideration to the character of the
district?
The general character of this area is highway commercial businesses including
grocery stores, gas stations, fast food. restaurants, motels, casinos and
professional offices. The proposed 1 -2 zoning permits the types of uses that make
up the character of this area.. Therefore, with the zone change, future
development will be consistent with the character of the area,
.. Will the proppsed zone conserve the value of buildingsop
Values of the buildings in the area will be conserved because the proposed -2
zoning will promote compatible le uses on this property with other properties in the
area
12. Will the. re .ested zone encourage the most a ro riate use of the land
througLiout the mun ci ail
This rezoning request is in compliance with the Kalispell Groff Policy with
regard to the location and expansion of commercial areas. The proximity to other
commercially zoned properties and access to the highway system make
commercial development an appropriate use of this property.
EVALUATION OF THE PLANNED UNIT DEVELOPMENT SAL:
Project N r liar ; The proposed Hilton Garden Inn and Conference Center is a 146
room hotel with a conference center, restaurant and. casino. The overall square footage
for the hotel conference center is 117,300 square feet* The hotel would comprise of four
floors with the first floor a. total of 57,678 square feet. Located on the first floor would
he are. 8,500 square foot ballroom capable of accommodating 5 people. Surrounding
the ballroom is a 6,475 square foot pre -function area capable of accommodating 31.
people. There will also he 23 rooms for guests, a Blue Canyon Restaurant with a. seating
area of approximately 4,600 square feet and an adjoining casino, approximately 1,540
M
square feet. The second, third and fourth floors would each be 19,874 square feet in
see and accommodate 41 rooms on each floor.
Situated on the 3.4 acre project site is one of the Cit 's grater wells and well house.
Durm*g the Clty's site review committee meeting concerns with additional development
on the site and the potential for contamination of the water supply were brought up.
'lar .-"i g staff contacted the Department of Environnientai Quality for state requirements
pertaining to setbacks from City wells. 'The Department artment informed planning staff that a
too -foot isolation one is required around all wells, pubhc or private. Within this zone
the city will aced to ma-inta.ir are easement to allow oversight of what can and cannot go
within the isolation zone. The Department stated that buildings and parking lots may
come within the isolation zone however severer lines, connecting from the sewer main
along the highway right-of-way, to the building will need to be located outside of the
isolation zone. if the City intends to sell the property to Mr. Voelker the foe -foot
isolation zone should be included as an easement on the property.
Elevations of the proposed hotel conference center indicate a raa>.�um height of
ap row ateiy 5 feet. T. proposed -2 zo f district errr�.its uildM V ei t of up
to 40 feet with a 60 foot ma 'mum building height provided a conditional use pest is
first secured. The applicant is requesting that the building be allowed to exceed the
permitted 40 foot height within the proposed -2 zoning district. The hotel/ conference
center elevations indicate the requested building .eight over 40 feet is needed in order to
accommodate the proposed foul floor and architectural features along the roof ne.
The site is adjacent to the Ka.lis eH city wort, creating a. potential issue with regards
to building height and the roxlrm�ty to the airport. The developer has hired a consultant
to evaluate the height limitations v t .ill the airport affected zone and has located the
building and modified the height in order to comply with the airport affected zone with
regard to hei&t limits.
. 1,540 square foot casm o is proposed on the southern end of the building adjacent to
the Blue Canyon. Restaurant. The casino would have the mam'murn allowable machines,
20, and gambling tables, two, under a. liquor license. The floor plans for the
hotel/ conference center indicate access to the casino would be from eider the Blue
Canyon Restaurant or the vestibule /waiting area for the Blue Canyon . Restaurant.
Should the proposed - 2 zoningdistrict be approved, section 2 .. .030 of the
Kalispell Zoning Ordinance requires a. mmimum Soo foot buffer for casinos from
churches, schools, parks, residential zones, and other casinos as measured from
property lire to property line. Lions Park, a City owned and maintained tamed park, is
approlls=ately 160 feet to the east of the proposed hotel conference center property.
The proposed PUD overlay district seeks to allow the height of the hotel/ con .feren e
center to exceed the permitted 40 foot building .eight and allow a. casino within the
hotel/ conference center which is closer than the required Soo feet from a park.
Criteria for the Creation of a Planned Unit Development (PIUDDistrict
The following inforrrx.atio . and evaluation criteria are from Section 27.21.020(2), of the
Kalispell Zoning Ordinance. The intent of the planned unit development provisions are
to provide a. zoning district classification which allows some fiexiiiity in the zoning
5
regulations and the mixing of uses which is balanced with the goal of preserving and
enhancing the integrity of the neighborhood and the environmental values of are. area.
Review of., l ca ion Based URon. PUD Evaluation Criteria: The zoning regulations
provide that the planning board shall review the PUD application and plan based on the
foovn'ncrter'a#
.. The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the s ec ro ck'"including, but not
united to, density, bulk and use, and the reasons why such departures are
or are not deemed to be In the public interest;
,e planned unit development does not deviate from the zoning with regard to use, but
deviates from the zoning with regard to height and buffer distance of casinos from parks.
Hotels, restaurants, ts, conference centers and casinos are anticipated uses in the proposed
-2 zoning district. The proposed building height of 56 feet is not prohibited but
requires a conditional use errr t in order to construct a buflding over 40 feet but less
than 60 feet.
The proposed casino is within Soo feet of a park located east of the subject property
across Highway 93. Section 2 .1 .o3o 5 requires ca.smos to be a minimum of 300 Feet
from parks as measured from property hue to property Vie. Therefore, the property
des of the park and property of the proposed casino location are approximately 160 feet
apart.
The proposed building height and casino location are deemed to be in the public's
interest as they will help to accommodate ahotel/ conference center proposed for the
site. The City of Kalispell currently .as a rested number ofhotel/ conference center
buildings with the capacity to accommodate large conventions, Soo people or more.
rovm' the PUD request would expand the City's ability to host lame conferences and
in t m n'ng in more potential business for the surrounding o mercial. area and the
City in general.
2, The nature and extent of the common open space in the planned development
project, the reliability of the proposals for maintenance and conservation o
the common open space and the adequacy or inadequacy of the amount and
function of the open space in terns of the land use, densities and dwening
types proposed in the plan;
The extent of the common open space element is met by the er*r ,eter landscaping along
Highway 3 and landscaping shovm on both the northern and southern property
boundaries. The landscaping will be required to meet the mm* ir. m r amount under the
or .ai_ng ordinance as well as the Kalispell tree ordinance for number and size of trees. No
other common open space element is required.
3, The manner in which said plan does or does not make adequate provision for
public services,, provide adequate control over vehicular traffic and further
the amenities of light or air, recreation and visual en oynent-b
The project site is located along Highway 93 South in a. commercial corridor. Public
W
services including water, sewer and fire hydrants are adjacent to the project site.
Vebic lar traffic would be controlled by four access points along the highway into the
hotel conference center site. Prior to issuance of a building permit the developer would
e required to obtain an approach permit from the Montana Department o
Transportation. The proposed parking lot serving the hotel./ conference center wifl be
required to meet the on -site demand for pang for the size and various uses of the
.ding, A cursory review of the proposed number of parking spaces to serge the
project would be met by the number of pang spaces shown on the site plan,
The amenities of hght and air are addressed through the development standards of the
proposed -2 zoning district that deal with lot size, setbacks, building height and the
hypes of uses meowed within the zoning district. if the PUD overlay district is approved
the proposed height of the hotel conference center will not LMpact the abilityfor light
and air to reach surrounding ildmgs.
Due to the size of the proposed hotell conference center and the relatively small size of
the project site, 3.4 acres, it is necessary to allow the height of the hotel/ conference
center to exceed the permitted height of 40 feet. With a proposed maximum height of 5
feet P architectural design as well as complimentary landscaping wil be important
components for the site to fit and present well to adjacent properties and the highway.
Surrounding buildings do not exceed the 40 foot height 1 t with Rosauers grocery
store, located south, of the project site, at a maximum height of 35 feet and the Forum
building located east of the site at a. maw um height of 38 feet.
s of March 6, 2006, ildmg permits for commercial structures must be reviewed and
approved by the Kalispell Architectural Review Committee. The committee reviews
commercial projects with their conformity to the Kalispell Architectural Design
Standards. These standards address parking, hg .ting, landscaping., signage and site
design.. The Architectural Design Standards also have a. section specific to highway
entrance corridors, which this site is Within.
In addition, pursuant to section 27.35.090 of the Kalispell Zoning rdinance, the
Architectural Review Committee shall submit a recommendation for all applications
requesting additional building heights recl mng a. conditional use permit. The requested
building height of 56 feet would fall under this provision and the project has been
reviewed by the Architectural Review committee at their April I 1th meeting. ting. The
Committee recommended approval of the requested height,
7
The Forum building, seen
in the background, i
directly across Highway 93
from the hotel/ conference
center site. The Foy
building is one of the taller
buildings in the area. It
includes three stories with
a maximum height of 3
feet.
The casino, at 1,540 square e feet in size, makes up about % of the overafl
hotel/ conference center complex. The developer would like to provide a casino on -site i
order to amortize e the cost of the all beverage liquor license. The casino is proposed o
the south end of the hotel/ conference center complex.
View of Highway 93
looking north. The
existing Armory Buildings
can be seen in the
backgroundon the left.
Lions Park is located o
the right in the vicil ty of
the trees.
Lions Park is located east of the project site across Highway 93. The Kalispell Zoning
Ordinance re .fires ea.smos to be a minimum of 300 feet from parks as measured from
property line to property line. The property lines of the park and property of the
proposed ca. i .o locationare approximately 160 feet apart. The proposed casino site is
not W1*thin Soo Feet of any other park, school, church, residential zone or other cas]-no.
The proposed casino and park are divided by a fire lane highway. The highway in this
ease provides a. clearly defined buffer between the two uses in that patrons of the casino
are unhkely to cross the highway and linger at the park site. However, to further
mitigate anv impacts the casino may have on the park, the Plan-ning Department is
recommending that outside entrances to the casino be prohibited. The developer has
stated in his project narrative that the casino will be free of exterior neon, the lannmm
Department would recommend limiting the potential sig.a e of the casino even further.
0
This would fficl .de prohibiting the sib associated with -the casino from usM the
ollowm'g:
Any terms such as gamm' , gambiing, cards, dice, chance, etc.
Any reference to any a.ssocia.ted activity or any symbols or words commonly
associated with gaming.
Any words, terms, figures,, art work, or features �r tended or designed to attract
attention to the fact that a casino is on site.
The original site plan s bratted to the planning department showed separate entrance
and exists for the casino from the adjoining parking lot to the east and through the Blue
Canyon . Restaurant. The site plan has since been revised after the la.nnm* department
mailed out the staff report and recommendations to the Planning Board. The reprised site
plan has eliminated the separate outside entrance to the casino and cor med. the
entrances to the casino to inside the hotel/ conference center. Planning staff is stiff
recommending the City Council consider including a condition restricting entrance to the
casino from inside the hotel/ conference center. With the above sign and entrance
restrictions ire. place, the proposed gismo will be fairly innocuous with respect to the
overahotel/ confmrence center complex.
The relationship, beneficial or adverse, of the planned .evelo t project
upon the neighborhood in which i is proposed to be established;
Redevelopment ent of the existing Armory building Mto a commercial development would
benefit the cor mum't r as a whole and the immediate .ate neighborhood by filling a reed
'thin the City for a large l xote conference center. The greatest adverse impacts to the
neighborhood would be related to (creased traffic from the site.
The site plan shoves four approaches onto Highway 93. In order to use the approaches
the developer will need to obtain permits from the Montana Department of
Transportation. As part of the approach permit process the developer will need to
provide ffiforma.tion to the Department regarding the scope of the proposed project and
estimated number of vehicle trips. The r epa-rtment of Transportation may require
additional mitigation measures along Highway 93 M order to adequately accommodate
the traffic generated by the hotel/ conference center facility.
5. In the case of a plan which proposes development over a period of years, the
suffitciency of the terms and conditions proposed to protect and maintain
the integrity of the plan which finding shall be made only after consultation
with the city attorney;
The developer would like to start construction in May of this year in order to have an
opening date of May 2007.
6. Conformity with all applicable ro isio s of this chapter.
No other specific deviations from the Ka is efl Zoning Ordinance can be identified based
upon the information submitted with the apphcation other than hose addressed in the
beginning of this report.
A
EC ADMN N
The staff recox�en s that the Kahs ell City lam Board. and. Zonm' g Connnissio
adopt staff report KPUD-06-1 as findings of fact and recommend to the Kalispell City
Council the - 2 zoning district and PUD be approved subject to the following conditions. -
That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as wed. as
any additional conditions associated with the PUD as approved by the city council.
(Kalispell subdivision Regulations, Appendix C - Final Plat)
2, Prior to issuance of a building permit the developer shall obtain are approach permit
and any other necessary permits from the Montana Department of Transportation.
3. The height of the build shall not exceed 56 feet and in no case shall the freight of
the building exceed the apphcable maximum height limit within the air of t affected
area.
. Neon lighting shall e prohibited on signs and the buflding.
. Entrance to the casino shall be from inside the hotel conference center. Entrances
for the easmo directly from outside the building are prohibited.
6. The signa. e advertising the casino shall be prohibited from using the following:
Any terms such as gaming, gambling, cards, dice, chance, etc.
Any reference to any associated activity or any symbols or words commonly
associated, with gaming.
a Any words, terns, figures, art work, or features intended or designed to attract
attention to the fact that a casino is on site.
That a development agreement be drafted by the Kalispell City Attorney between the
City of Kalispell and the developer out .ice and formalizing the terms, conditions
and provisions of approval. The fmal plan as approved, together with. the
conditions and restrictions imposed., shall constitute the Planned Unit Development
(PUD) zoning for the site,
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VICINITY MAP SCAB1 400'
GATEWAY HOSPITALITY GROUP
HILTON GARDEN INN 8c CONVENTION CENTER, A PLANNED
UNIT DEVELOPMENT ON 3.4 ACRES THAT WOULD INCLUDE
A 146 ROOM HOTEL, CONVENTION CENTER, RESTAURANT
AND CASINO
PLOT DATE 10
Hilton Inn South Vicinity Map
� Proposed site of Hilton Inn
Existing casinos
Parks & other public openspace
Existing residential use
Church, school or other community facility
All other - airport, commercial, vacant, etc.
N
feet
March 2, 2006
City of Kalispell
Planning Department
Street East, Suite 211, Kalispell, Montane. 59901
Fax: ()751-1858
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME I LT4y/ U' /PDC✓/I „�ilr>''��'�sPP�,E���i",� �4�3�t'<-
1. NAME OF APPLICANT:
2. MAIL ADDRESS:
3. CITY/STATE/ZIP: ���-F�3�/�� �� PHONE: Z,�:%'
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4. NAME:
. MAILADDRESS:
. CITY/STATE/ZIP: PHONE: .
7. TECHNICAL ASSISTANCE:
. MAIL ADDRESS:
9. CITY/STATE/ZIP; NE:
If there are others who should be notified during the review process, please list those.
c r7la,, r Z A Zlz.. 7 7 .. . ....... . .. ......
?,"q e9e922
Check One:
- In'al proposal
Amendment to an existing PUD
A.
B.
C.
Property Address: � 11 C.� • 5- .1
Total Area of Property: �
Le al description including section, township &range:
The present caning of the above property is:
3 Yda_-Tcf
sA. fir.
Itz'c " Ysr�
91-3 -
U..
L001
E. Please provide the following information in a narrative for -mat with supporting
drawings or other format as needed:
a. An overall description of the goals and objectives for the development ent of
the project.
b. In cases where the development will be executed In increments, a
schedule showing the time within phase will be completed*
C. The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms
of the rand use, densities and dwelling types proposed in the plan;
C. The manner in which services will be provided such as grater, sewer,
storrn water management, t, schools, roads, traffic management,
pedestrian access, recrea.tlonai facilities and other applicable services
and utilities.
L The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
h. where there are more intensive uses or incompatible uses planned within
the project or on the project boundaries, how with the impacts of those
uses be mitigated.
i. Hove the development ent plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
j . Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
1. Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
Q). Density sit r in dwelling units per gross acre;
Location, size height and number of stories for buildings
and uses proposed for buildings;
Layout and dimensions of streets, parking areas, pedestrian
walkways and surfacing;
2
C(6')) Vehicle, emergency and pedestrian access, traffic
circulation and control;
Location, size, height, color and materials of signs;
Location and height of fencing and/or screening-
9
Location and type of landscaping;
Location and type of open space and common areas;
Proposed maintenance of common areas and open space-,
Property boundary locations and setback limes
3 Special design standards, materials and or colors;
(14). Proposed schedule of completions and phasing of the
development, if applicable;
Covenants, conditions and restrictions;
Any other information that may be deemed relevant and
appropriate to allow for adequate review.
If the PUD involves the division of land for the purpose of conveyance, a preliminary
plat sail be prepared in accordance with the requirements of the subdivision
regulations.
Please note that the approved "final plate., together with the conditions and restrictions
imposed, shall constitute -the on.ing for the district. No building permit shall be issued
for any structure within the district unless such structure conforms to the provisions
of the approved plan.
The signing of this application signifies that the aforementioned information is true
and correct and grants a 7 ova.l for Kalispell Planning staff to be present on the
property for.xqutine mo it rim and inspection during review process.
{
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3
KALISPELL CONVENTION CENTER
AND ENTERTAINMENT CAMPUS
2/03/06
Gateway hospitality Group is a cutting edge developer and
hotel management company specializing in campuses with
conference center facilities attached to a brand name hotel
and entertainment venues. We currently have 7 operating
hotels. We have designed and built the properties to meet
the convention needs of communities with our most recent
development being the Missoula Convention Center in
Missoula,, MT.
Gateway Hospitality Group has evaluated the Kalispell
market and the potential need for a conference center to
attract and handle association conventions, conferences and
social events. We have determined that the market can
support this venture providing that the appropriate
entertainment venues can be incorporated. This will
provide an overall destination experience for the
conventioneer and business traveler,
Foremost to the success of the convention center site is the
location of the facility. After evaluating numerous sites in
the area, we believe the best site for the Kalispell
convention site is the current Armory site on HYW 93S.
This site has great presence to HYW 9.3, the regional
airport and the commercial growth of new business on the
south end of Kalispell. Further, this location will best serve
the conventioneers with over flow accommodations at the
existing hotels in the downtown market. We further believe
that it is advantageous to be located close to downtown so
conventioneers can enjoy the charm of the community and
support the local businesses.
The brand name of the hotel is key to the driving business
for the convention center. Hilton is the best brand name in
the industry for convention business with 10 national sales
offices throughout the US. The success of a conference
center is not only attracting the state association market but
also the national association market.
The hotel and conference center cannot be a success unless
the conventioneer has entertainment venues at its door step.
Key is the convention market is a signature restaurant.
GHG has developed in Cleveland, OH and now Missoula,
MT, the highly recognized Blue Canyon Restaurant
featuring a dodge style atmosphere with creative American
cuisine. This style restaurant will enhance the
conventioneers experience and will be a demand generator
for the hotel and conference center.
As a further enhancement to the campus and the overall
entertainment of the conventioneer is a casino. This is one
venue that offers the guest an opportunity to experience
night entertainment without leaving the campus. Our
casino, as designed in Missoula, will be a non smoking
upscale venue that will be attractive to the conventioneer
and in a class of its own.
Bringing together all these elements- hotel, restaurant,
conference center and casino will provide a synergy of
experiences that enhance the profitability of the hotel. The
development will consist of approximately 124,000 sq. ft.
of which 2,000 seq. ft. will comprise the casino. The
casino's understated appearance, free of exterior neon., will
not distract from the charm of the community. Our design
of the facility is done in good taste and style. With the cosh
of an all beverage liquor license in Montana, the casino is a
necessary venue in order to amortize the cosh of license. It
is not feasible to build a conference center that must offer
full service liquor without a casino operation.
We are excited to begin construction in May with the
venues proposed so we can start serving the community by
May 20070
R:M--rt ec fu ly Submitted
R oelker
Gateway hospitality Group
City of Kalispell
Planning Department
1 - 2dStreet East, Suite 211, Ka s elL Montana 59901
MEMORANDUM
TO: Kalispell City Staff
Other Interested Parties
Telephone: 405 -8o
Fax: o6) 751-1858
W rite: ka i pe 1pfanni g. om
FROM: Sean Conrad,, Senior Flame �
RE: March 30th Site Review Committee meeting
ATE: March 28, 2006
The follovAng Zone Change and Planned Unit Development D) will go before the Site
Development r ent eview Committee in the Kalispell Building Department on March 30th.
A request by Robert Voelker for a Zone Change from P- l (Public) to B-2 (General Business)
and Planned Unit Development 'LSD overlay district on a 3.4 acre lot. The requested PUD
overlay district would alloy a Hilton Garden Inn and Conference Center to exceed the
maximum building height of 40 feet in the B- (General Business) zoning district and place
a casino within the hotel/ conference center which is within Soo feet of a City park.
Specifically, the over is requesting the hotel be allowed a mayimum height of 56 feet and
a casino, approximately 1,500 square feet In size, be permitted within the 117,000 square
foot hotel./ conference center, which is located within Soo Feet of Lions Park. The property is
located at 1840 Highway 93 South and can be described as Assessors Tract lB in Section
20, Township 28 North, Range 22 west, P.M.M., Flathead. County, Montana. K UD-o -o
If you need additional information regarding this project please call .tee. The proposed Zone
Change and PUD has been scheduled for the April I Ith City Planning Board meeting. Any
comments on the proposal should be In to the Planning Department by Apnil 3. Thank you for
taking the time to review and comment.
c: w attachments: F. Ray Ruffatto, Fire Dept.
Mike Baker, Parks and Ree
James Patrick, City Manager
P.J. Sorensen, ,honing Administrator
Roger Krauss, Police Dept.
Frank Castles, City Engineer
Jim Hans, Public Works Director
Mark Crowley, Construction Manager
Sandy Wheeler, Community Redevelopment
Susan Moyer, Community Development t Director
Craig Ker=an, Chief Building Inspector
Charles Harball, City Attorney
CERTIFICATION
. N: HILTHILTON GARDEN INN & CONFERENCE CENTER
KCPD FILE NO.* K ` -
, the undersigned certify that I did this ate mail vla Certified Mail a copy
f the attached notice to the f lllist of landowners adio'ning the
property lines of the property that is requesting a planned unit
development.
S-T-R: 2 -2 -2 .
Lot/Tracts# IS
PropertyOwner/Mail Address;
Robert Voelker
8920 Canyon Falls Blvd
Twinsburg,, OH 44087
Joe Guilbault
P.O. Bow. 1068
Lakeside, MT 59922-1068
Date:
ATTACHED LIST
Robert Voelker Joe Guilbault 2004 E s ne & Jew King Rev Tr
8920 Canyon Falls Blvd. P.O. Box 1068 165 River View Drive
Twinsburg, OH 44087 Lakeside, MT 59922-1068 Ka .s e, MT 59901
Whitefish Credit Union
P.O. Box 35
Whitefish, M59937-0035
National Guard Armory
d% USPFO for Montana
P.C. Box 4789
Helena, MT 59604
Gilbert & Susan Bissell
Meyers Fey Trust
1830 Highway 93 South
City Clerk
P.O.City of KaEspell
Drawer 1997
Kalispell, MT 59903-1997
City of Kalispell
Planning Department
1 - 4. Sit East, Suite 211, Kalispell, Montana 59901
Telephone:751-1850
`a:751-1858
Wes: kalispellplanning,com
You are being sent this notice because you are a. propel oviner within 150feet of the
proposed project noted below and wi1 be most directly affected by its development,
You have an opportunity to present your comments and concerns at the meeting noted
below. You may contact this office for additional information.
NOTICE of PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING ohMISSION
April 11, 2006
The regular rneeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, y, 11, 2006 beginning at 7:00 PM in the Kalispell City Council Chambers,
Kalispell Casty Hail, 312 First Avenue East, Kalispell. The planning and will hold a public
hearing a l take public comments on the Mowing agenda items. The Board will male a
recommendation to the Ka.lispe . City Council who will take final action.
1. A request by Central Bible Church for a Conditional Use Permit for the Hope Pregnancy
Center located at 940 t Ave. East. The property is zoned - Two Family Residential) and
although the Hope Pregnancy Center has been operating .for a number of years a
conditional use permit was never issued to allow the Center to operate in R-4 zoning
district. The Central Bible Church is requesting the conditional use permit to bring the
Hope Prela cy Center into compliance with the zoning district. T e Center provides
counseling services during normal business hours for pregnant women. The property is
legally described as lots 9, 1.0, 11 and 12 of Block 125, Kalispell on i al Townsite, located
with section 17, Township ip 28 North, age 21. West, PMM Flathead County Montana.
KC -06-03
2. A request by Robert Voelker for a Zone Change from p-1 (Public) to - 2 (Genet Business)
and Planned Unit Development U ) overlay district on a 3.4 acre lot. The requested PU
overlay district would allow a Hilton Garden inn and Conference Center to exceed the
maximum building height of 40 feet in the -2 (General Business) zoning district and place
a casino within thehotel/ conference center which is within Soo feet of a City park.
Specifically, the owner is requesting the hotel be allowed a r .mum height of 56 feet and
a casino, approximately 1,500 square feet in sue, be permitted within the 117,000 square
foothotel/ conference center, which is located within Soo feet of Lions park. The property is
located at 1840 Highway 93 South and can be described as Assessors Tract 1B in Section
20, Township 28 North, Range 22 West, P.1 .M., Flathead County, Montana. K T -o - l
. A request by the City of Kalispell to amend Sections 27.14.030(5). , .o3o(3)1,
2 .1. . 3 , 2 . i' . 3o and 2 .1 .030 of the Kalispell Zoning Ordinance. The
amendment is intended to review the Soo foot setback for casinos from churches, schools,
parks, residential zones, and other casinos. The cent text requires the Soo foot setback
for casinos from churches, schools, parks, residential zones, and other casinos as
measured from property lie to property line. The City is considering amending the zoning
code to maintain the requirement for a conditional use permit but either decrease or
eliminate the Soo foot setback requirement. KZT-o -o2
Documents pertaining o the agenda items are on file for public inspection at the Kalispell
Planning Depa me , 17 Second Street East, Suite 2 11, Kalispell, ell, MT 59 9 o 1, and are available
for public review ding regular office hours.
Interested pe -so .s are encouraged to attend thehear-miand make their views and concems
known to the Board. Written omm may be submitted to the Kalispell Planruing
Department at the above address, , prior to the date of the heaning, or you may contact Sean
Conrad, Senior Planner a 51-1 or e-mail him at sconradra,kalis ,.eom for
additional information.
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING
COMMISSION
April 11, 200
The re uiar meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, April
11 t 2006 beginning at
7:00 PM in the Kalispell
City Council Chambers,
Kalispell City Hall, 312
First Avenue East, a-
lispell. The planning
board will hoicf a public
hearing and tame public
comments on the follow-
ing agenda items. The
Board will make a rec-
ommendation to the a-
Iispell City Council who
will take final action.
1 . A request by Cen-
tral Bible Church for a-
onditional Use Permit
for the Hope Pregnancy
Center located at 940
1 st Ave, East. The prop-
erty is zoned -4 (Two
Family Residential) and
although the Hope
Pregnancy Center has
been operating for a
number of years a con-
ditiona) use permit was
never issued to allow
the Center to operate in
R-4 zoning district_ The
Central Bible Church is
requesting the condi-
tional use permit to
bring the Hope Preg-
nancy Center into com-
pii n6e with the zoning
district. The Center pro-
vides counseling serv-
ices daring normal busi-
ness hers for pregnant
women. The property is
legally described a
Lots , 10, 11 and 12 of
Block 125, Kalispell
Original Townsite, locat-
ed with- Section 1,
Township 28 {forth,
Range 21 idlest, PM
Flathead County Monta-
na. (CU-0 -0 )
. A request by Robert
oe?ker for a Zone
Change from P-1(Pub-
lic) to -2 (General
Business) and Planned
Unit Development
(P overlay district on
a 3.4 acre list, The re
quested PD overlay
district would allow a
Hilton Garden inn and
Conference Center to
exceed the maximum
building height of 40
feet in the B-2 (General
Business) zoning district
and place a casino with-
in the hotel/conference
wrttr which is within
300 feet of a City park,
Specifically, the owner
requesting fi;,:,�=,�1
be allow 0. �''81xiM1U1n
jaet end a
1,500 square teat in
size, be permitted within
the 117,000 square foot
hotel/conference center,
which is located within
300 feet of Lions Park,
The propel is located
at 1840 Highway 93
South and can be de-
scribed as Assessors
Tract 1B in Section 20,
Township 28 North,
Range 22 West,
.M.M., Flathead Coun-
ty, Montana. na. P �
0-1
. A request by the
City of Kalispell to
amend Sections
2,1D
'. 1 5 . ,
2 7 .1 6.€ ;
2 .17. 30( ) and
2 .1 i ,030 of the Ida,
iispe l Zoning Ordi-
nance. The amendment
t
is intended to review the
300 toot setback for ca-
sinos from churches,
schools, parks, residen-
tial zones, and ether ca-
sinos. The current text
requires the 300 toot
setback for casinos from
churches, schools,
par€, residential zones,
and other casinos as
measured from propel
line to property line.
The City is considering
amending the zoning
code to maintain the re-
quirement for a condi-
tional use permit but ei-
ther decrease or elimi-
nate the 300 foot -set-
back requirement.
IZTA-0 -02
Documents peftaining
to the agenda items are
on file for public inspec-
tion at the Kalispell
Planning Department*
17 Second Street East,
Suite 211, Kalispell, 1, MT
59901, and are availa-
ble for public review
during regular office
hours.
Interested persons are
encouraged to attend
the hearing and make
their views and con-
cerns known to the
Board. Written com-
merits may be submit-
ted to the Kalispell Plan-
ning Department at the
above address, prior to
the date of the hearing,
or you may contact
Sean Conrad, Senior
Planner at (40 7 1-
1 or e-mail him at
sccnrad kalispell.co
for additional informa-
tion.
Isi Sean Conrad
Sean Conrad
Senior Planner
Marol~: 2, 2006.
STATE OF M NTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
SST NE SCHULDHEISS BEING DULY
SWORN., DEPOSES AND SAYS: T14AT SHE IS THE
LEGAL CLERK OF THE RAILY INTER LAB
DAILY NEWSPAPER OF GENES CIRCULATION,
PRJNTED AND PUBLISHED IN THE CITY O
KALISPELL IN THE COUNTY OF FLATHEAD,,
STATE OF MONTAN , AND THAT NO.
LEGAL ADVERTISMENT WAS
PRINTED AND PUBLISHED IN THE REGULAR AND
NTH ISSUE OF SAID PAPER, AND IT EACH AND
EVERY COPY THEREOF ON THE DATES OF
k"'CL r' Z(4� j 14�'CL7
AND THE RATE CHARGED FOR THE ABOVE
RlNiING DOES NOT EXCEED THE MIMMUM
GOING RATE CHARGED TO ANY OAR
ADVERTISE. FOR THE SAME PUBLICATION,
SET I THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBED. OF INSERTIONS.
Subscribed and sworn to
Before me this
Notary Public for the State of Montana
ResidingM' Kalispell
My C o=fission expires9/11/09
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