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1. Conditional Use Permit - MunroPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Kalispell Planning Dept Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT KCU13-03 — Conditional Use Permit — Munro (casino) MEETING DATE: July 1, 2013 BACKGROUND: The Kalispell City Planning Board met on June 4, 2013, and held a public hearing to consider a request by Craig and Debbie Munro for a conditional use permit to allow a casino in the old Rosco's building located at 1121 Highway 2 West. The applicants have entered into an agreement to purchase the property, which includes a 3600 square foot retail store built in 2005. The Munro's intend to convert a portion of the building into a retail liquor store and a portion into a casino with up to 20 machines. The portion related to retail liquor is considered a retail business use and is permitted in the B-2 (General Business) zone where the property is located. The casino use requires a conditional use permit. Under city zoning regulations, casinos (defined as any form of legalized gambling, with a few exceptions) must be located at least 300 feet away from churches, schools, parks, city residential zones, and other casinos unless they meet certain requirements outlined in the ordinance and qualify as an accessory casino. The Munro's retained Morrison-Maierle to provide information regarding their distance from each of those uses. Morrison-Maierle was able to certify that the property is located at least 300 feet away from each listed use. There are two important aspects related to the certification that should be addressed. First, at the time the application was submitted, a church had recently purchased the old Gateway Cinema site. However, a church was not currently operating in the facility and therefore the proposal was not located less than 300 feet of a church within the meaning and intent of the zoning ordinance. Second, subsequent to a completed application being submitted for this project, an application for an accessory casino was submitted to the planning office for the old Sizzler site. The key time for the distance requirement is when a completed application was submitted. Therefore, since the applicants were more than 300 feet away from another casino at the time of the application, they qualify as a casino without any special requirements that would otherwise attach as an accessory casino. This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. As an existing commercial development, most of the necessary infrastructure and site development are in place. After review, there were two elements that needed to be addressed. First, with the change of use of a portion of the building, a net change of one additional parking space is required due to a higher requirement for restaurants/bars/casinos than for general retail. Alternatives to physically adding a parking space on the property include an off -site parking agreement with an adjoining property or providing bicycle racks in lieu of one parking space. Secondly, there are no sidewalks adjacent to the property, which is the case for most properties in the general area. The City generally requires sidewalks when projects come up for review and sidewalks are not present. While the property is not immediately adjacent to a sidewalk, there is a sidewalk just to the east across Glenwood and an extension would help continue the sidewalk in the area. Public Works has asked that a condition be attached requiring a sidewalk across the full frontage of the property. Installation of the sidewalk would need to occur no later than July 31, 2014. Also, it should be noted that final plans for new signage have not yet been determined, although current plans are included on a rendering showing the building elevations. The elevation drawing is included in the application. Signs will need to be submitted to the planning department for review for compliance with the sign ordinance. Since this application is not for an accessory casino, the zoning ordinance does not provide for any special limitations on signage. Two comments were received at the public hearing from representatives of the Gateway Community Center. They felt that a liquor store and casino at this location would have a negative impact on their clients. The proposal was forwarded to the Council with a positive recommendation on a 6-1 vote. Recommended conditions included the additional parking and the sidewalk. RECOMMENDATION: A motion to approve the conditional use permit. FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City. ALTERNATIVES: Deny the request. Respectfully submitted, PJ Sorensen Kalispell Planning Dept Report compiled: June 18, 2013 c: Theresa White, Kalispell City Clerk Craig and Debbie Munro; 985 ACM Road; Libby, MT 59923 Return to: Theresa White Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Craig and Debbie Munro 985 ACM Road Libby, MT 59923 (406) 293-1692 LEGAL DESCRIPTION: Lot 2 of Gateway West Subdivision Unit No. 2 ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to allow a casino in an existing retail building on Highway 2 West. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 4, 2013, held a public hearing on the application, took public comment and recommended that the application be approved subject to four conditions. 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 adopts Kalispell Planning Department Conditional Use Report #KCU-13- 03 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the operation of a casino in an existing retail building in the B-2, General Business zoning district, subject to the following conditions: That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. The building permit submittal shall substantially comply with the approved plan. 3. One additional parking space shall be provided by (a) installing an additional space; (b) entering into an off -site parking agreement; or (c) installing a bike rack, which can be provided in lieu of a vehicle parking space. 4. A sidewalk shall be installed along the full frontage of the property along Highway 2 no later than July 31, 2014. Plans for the sidewalk shall be submitted to Public Works for review and construction shall be completed to Public Works design standards. Dated this 1st day of Jam, 2013. STATE OF MONTANA ss County of Flathead Tammi Fisher Mayor On this day of , 2013 before me, a Notary Public, personally appeared Tammi Fisher, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Printed Name: Residing at Kalispell, Montana My Commission Expires REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-13-03 JUNE 4, 2013 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow a casino in an existing retail building on Highway 2 West. A public hearing on this matter has been scheduled before the planning board for June 4, 2013, beginning at 6:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: Petitioner: Craig and Debbie Munro 985 ACM Road Libby, MT 59923 (406) 293-1692 Size and Location: The property is located at 1121 Highway 2 West in front of the old Gateway West Mall. The property can be legally described as Lot 2 of Gateway West Subdivision Unit No. 2. Figure 1: Approved plat ? i X- e .. t ,.. ,w'dve=.`,�"fi kr4'+r ro n .s............. { _ y� ysi E1b<.+.Y Si'kCSr wAx�.,,`ri� {L � san 4':� :i1 •.., flt Uw'l1YEt � rgc�astlt - 1 A. Summary of Request: The applicants (the Munros) have entered into an agreement to purchase the property, which currently houses Roscos. Roscos is a 3600 square foot retail store built in 2005. The Munros intend to convert a portion of the building into a retail liquor store and a portion into a casino with up to 20 machines. Under city zoning regulations, casinos (defined as any form of legalized gambling, with a few exceptions) must be located at least 300 feet away from churches, schools, parks, city residential zones, and other casinos unless they meet certain requirements outlined in the ordinance and qualify as an accessory casino. The Munros retained Morrison-Maierle to provide information regarding their distance from each of those uses. Morrison-Maierle was able to certify that the property is located at least 300 feet away from each listed use. Figure 2: Certification There are two important aspects related to the certification that should be addressed. First, at the time the application was submitted, a church had recently purchased the old Gateway Cinema site (shown above as "Owner: The River, Inc"). However, a church was not currently operating in the facility and therefore the proposal was not located less than 300 feet of a church within the meaning and intent of the zoning ordinance. Second, subsequent to a completed application being submitted for this project, an application for an accessory casino was submitted to the planning office for the old Sizzler site shown above. The key time for the distance requirement is when a completed application was submitted. Therefore, since the applicants were more than 300 feet away from another casino at the time of the application, they qualify as a casino without any special requirements that would otherwise attach as an accessory casino. B. Existing Land Use and Zoning: The site is zoned B-2 (General Business). It contains a commercial building with a retail use. Figure 3: Photo of building Figure 4: Original Site Plan for Roscos 3 GATEWAY WEST MALL ------------- e- \ JI \ OSRE PLAN Jam... CCESSIHL ,.,, r.ma e� r_ C. Adjacent Land Uses and Zoning: The immediate area is characterized by a mix of commercial development. North of the site is the old Gateway West Mall, which contains primarily offices with some retail use. Surrounding the property is a mix of restaurants, hotels, offices, and retail uses. 4 Figure 5: Aerial view of the project site and adjacent properties D. Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the project site as Commercial, which provides the basis for the B-2 zoning designation. The growth policy map lists uses such as retail, offices, services, and mixed -use developments as appropriate land uses in the Commercial land use designation. The requested conditional use permit to use the property for a casino is an appropriate land use for the property. E. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyLink Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell 5 EVALUATION OF THE REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Space: The property is approximately .86 acres in size and contains an existing 3600 square foot retail building. The lot also contains an existing parking lot that provides parking for the building. With the change of use of a portion of the building, a net change of one additional parking space is required due to a higher requirement for restaurants/bars/casinos than for general retail. Alternatives to physically adding a parking space on the property include an off -site parking agreement with an adjoining property or providing bicycle racks in lieu of one parking space. b. Adequate Access: Existing accesses to the property are generally from Highway 2. The property can be approached from the west via the common access to the old Gateway West property or from the east off of Glenwood Drive, which also crosses the Gateway West property. There is adequate access to serve the building. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property which could affect the proposed use. There is floodplain on the property, but a conditional letter of map revision based on fill was obtained through FEMA showing a determination that the building itself is outside of the floodplain. d. Height, bulk and location of the building_ The existing building is a single story building containing 3600 square feet, located approximately 20 feet off of the highway right-of-way. Overall building height is approximately 19 feet. 2. Appropriate Design: a. Parking Scheme/Loading Areas: In conjunction with the building permit issued for the property in 2005, the parking lot was reviewed and approved for a retail development. With the addition of one required parking space, it would meet the requirements of the zoning ordinance and is adequate to meet the needs of the proposed use. b. Traffic Circulation: The existing accesses from the highway and Glenwood Drive provide sufficient access for the property. C. Open Space: Specific open space is not required for this use in this zone, but the majority of the lot excluding the building is occupied with parking areas and landscaping. d. Fencing/Screening,/Landscaping: As an existing developed property, the landscaping on the property is already established. Landscaping consists primarily of grass. A limited amount of chained -link fencing currently on the property will be removed. e. Sig_nage: Final plans for new signage have not yet been determined, although current plans are included on a rendering showing the building elevations. The elevation drawing is included in the application. Signs will need to be submitted to the planning department for review for compliance with the sign ordinance. f. Lighting: Section 27.26.030 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. No new exterior lighting is planned in conjunction with the proposed use. 3. Availability of Public Services/Facilities: a. Schools: This site is within the boundaries of School District #5. No impact is anticipated with the proposed use. b. Parks and Recreation: There should be no significant increase in demand on the parks and recreation programs and facilities as a result of this use. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. There is an existing fire hydrant to the west of the building near the access to the highway. The building currently does not have a fire sprinkler system, although it is possible one may be required as part of the building and fire code review process. e. Water: City water currently serves the property and there is sufficient capacity within this water main to serve the proposed use. No significant change in the impact on water services can be anticipated as a result of this use. f. Sewer: Sewer service is currently provided by the city through a main extension to the building completed in 2005. g. Storm Water Drainage: The site has an existing parking lot and building which were reviewed by the Public Works Department for adequate drainage in 2005. h. Solid Waste: Solid waste pick-up is provided by the City. i. Streets: The primary street frontage and access is Highway 2, located on the south side of the property. Glenwood Drive is located to the east of the property and intersects with the highway. Sidewalks: There are no sidewalks adjacent to the property, which is the case for most properties in the general area. The City generally requires sidewalks when projects come up for review and sidewalks are not present. While the property is not immediately adjacent to a sidewalk, there is a sidewalk just to the east across Glenwood and an extension would help continue the sidewalk in the area. Public Works has asked that a condition be attached requiring a sidewalk across the full frontage of the property. Installation of the sidewalk would need to occur no later than July 31, 2014. M 4. Neighborhood impacts: The site is located in a well -established commercial area. Its impact on neighboring properties is anticipated to be consistent with other uses in the area, which include retail, offices, restaurants, and other similar businesses. Many of those businesses also operate with both daytime and nighttime hours, and the impact would be similar to what would normally be expected in an area with nightlife available. 5. Consideration of historical use patterns and recent changes: This area has historically included a mix retail commercial uses, and the proposed use would continue that pattern. 6. Effects on property values: No significant negative impacts on property values are anticipated. RECOMMENDATION The staff recommends that the planning board adopt staff report #KCU-13-03 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. The building permit submittal shall substantially comply with the approved plan. One additional parking space shall be provided by (a) installing an additional space; (b) entering into an off -site parking agreement; or (c) installing a bike rack, which can be provided in -lieu of a vehicle parking space. 4. A sidewalk shall be installed along the full frontage of the property along Highway 2 no later than July 31, 2014. Plans for the sidewalk shall be submitted to Public Works for review and construction shall be completed to Public Works design standards. H. 05/03/2013 08:52 4068623088 ALLIANCE TITLE 44F PAGE 01/05 Planning Department 201 1- AVeAue East Kalispell* 1 %T $9901 Phone: (406) 758-7940 Fax, (406) 75S-7739 ��' 'tn` kalispeiI com/Dlanni� a APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: �Ijossor Store/Casino OWNER(S) OF RECORD: Name: Robert L. Ross and Kay L. Moss Mailing Address: 1121 US Highway 2 West, Kalispell, MT 59901 City/State/Zip: Kalistell, MT 59901 Phone: (406)755-8354 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT, Name: Craig Munro and Debbie 'Munro Mailing Address: 985 'ACI4 Road City/State/Zip: Libby, MT 59923 Phone: (406)293--16.92 cell phone (406)293-8280 residence LEGAL DESCRIPTION; OF PROPERTY: (Refer to Property Records): Street K113 Uhw� West Sec. Town- Range Address: a sneSlIg ; T 9 i No. 12 ship 28 No.2 Subdivislon Tract Lot Block Name: Gateway West Subdivision Unit dig No(s).No(s), 2 No. 1. Zoning District and Zoning Classification in which use is proposed: B-3 Kalispell Community Business/Conforming 2. Attach a plan of the affected lot which identifies the following items; a. Surrounding land uses: b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings C. Size(s) and locations) of proposed buildings. L Existinguse(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing, 1 3 3 } 2. a. The building is next to Gateway West Mall b. See plat. c. The lot is .86 acres of flat ground d. This is one building on the lot. It is 3600 sq. feet and is located roughly in the middle of the lot. e. none f. The building is currently Roscos Discount Store with parking lot. g. The new owner will open a casino and liquor store with parking lot. h. None other than small lawn area 3. a. There are two vehicle accesses to the property b. Traffic will come off Hwy 2 via the entrance to the Gateway West Mall on Glennwood Drive c. There are 50 plus paved parking spaces surrounding the property d. Waste Management e. City Water and Flathead Electric Co-op f. None, Highway 2 Frontage g. Signage will be on the building and provided by Peak Sign Solutions. There is a small lawn area but no use of area is planned. h. The building has 16' ceilings and is 3600 sq. feet in size (see plat) i. Open space will only be used for parking j. Hours: Casino 9:00 am to 2:00 am Liquor Store 9:00 am to 9:00 pm k. There are no proposed uses that would cause outside noise, dust, ordors, fumes or vibrations. The outside light will be the existing lighting. 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. C. Utilities. L Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, 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. A Applicant Si ature Dateel PIA f ENGINEERS _,,. _ MOMSON SURVEYORS PLANNERS E I SCIENTISTS ..- ._ ?aERLE, INC.I L125 SCHOOLHOUSE LOOP • BOX 8057 • KALISPELL, MT 59904.406-752-2216 • FAX 406-752-2391 An Employee -Owned Company May 3, 2013 Munro Investments LLC ATTN: Debbie Munro PO Box 1470 Libby, MT 59923 Re: Proposed Casino/Liquor Store Dear Mrs. Munro: 77 SAY 0 3 2013 I have reviewed the site for the proposed casino/liquor store located at 1121 US Highway 2 West as well as the surrounding properties for compliance with Kalispell Municipal Code 27.34.040 (1). The referenced code states: (1) Casinos shall be a minimum of 300 feet from churches, schools, parks, city residential zones, and other casinos, measured from property line to property line. Please see Exhibit 1 attached. The proposed site appears to be in compliance with this code. There is a property located less than 300 feet to the northwest of the proposed site that is owned by a church group, The River Inc. However, there is no church on the property at this time. It is my understanding that you have consulted with the City of Kalispell on this issue and have been advised that you would currently be in compliance with the municipal code stated above should you move forward with the proposed project. I would advise you to request a written opinion from the City of Kalispell Planning Department to this effect if you haven't already done so. No other surrounding properties conflict with the requirements of Kalispell Municipal Code 27.34.040 (1). If you have any questions, please don't hesitate to contact me at (406) 751-5871. Sincerely, Ryan C.-Jones, P.E. cc: PJ Sorensen, City of Kalispell Planning Department "Providing resources in @ortnership with clients to achieve their goals" Z J W W CL LL ct) O a J Y >z W z t� — Y Z W O W n U C� _ Z_ Cr CL (1) W z =x O my) ry >- Lij CO O In S U U) rr a U Of W z y 4 i IN w w OJ J a. O v� C z w O � H CL1 �w x U Z W DO w cC M Z O IL IL Oww � a Y :J Q rn N N m i 8N - c�� Y <: O o C C II O � i� May 3, 2013 City Planning Board Kalispell, MT Dear Sirs, We are Robert Ross and Kay Ross and we own lot 2 of Gateway West Subdivision Unit No. 2. We have entered into a buy -sell agreement to sell this property to Craig Munro and Debra Munro. They wish to obtain from you a conditional use permit to open a casino and liquor store on this property. By this letter, we consent to allow this process to take place before the sale of our property closes. Thank you. Robert L. Ross / ' ��✓'l Kay L. Ross m IN 0 I HUSKY -STREET 0� V Gp-t<0 1 j 0 AN LOT 2 m4lintrMATAU6 ma um STANLEY ADD #42 SCALE 1" = 200A Craig & Debbie Munro REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A CASINO AND LIQUOR STORE AT 1121 HWY 2 WEST ZONED B-2 GENERAL BUSINESS) I FILE# KCU-13-03 PLOT DATE 6/3/13 H:\gis\site\kcu13-03 Munro CUP.dwg 23.75 SIP — 24.51 SF — West Elevation South Elevation North Elevation East Elevation —81.A SF —51.5 SF —45.5 SF Total SF of signage =176.95 SF 1125th Scale toy S/19/OS � oQ� �J / � I m I 1 I I , I Iml I Oj I za �\ yIi 1 I I I 14 LJ \ � I ♦\ \ �� G I i I `\ I \ O I ♦ b I 1 I I \ I I , \ I I ♦ g� \ � I I I 0' SEiHPGK h� C� NE n m < D H Z r o=_ M! 0 P g m ROSCO'S Architects OHNW. PEETEPsON SN r• O m " N -i MICHAEL A. AESALONSON D A N (% m F]� Design PFANKd HNDISTEFANO �r KALISPELL, MONTANA Croup PC GLEN D. ANACKEfl€? d m o m Z jeca , T MA SUNSET PLAZA • K WPELL. �A �25 -7M 7$ CERTIFICATION APPLICANT: Craig & Debbie Munro/Conditional Use Permit FILE NO: KCU-13-03 I, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where a conditional use permit has been requested. Date: C S-T-R: 12-28-22 Tract/Lot: Lt2, Unit 2 Property Owners/Owner Representative: Robert & Kay Ross 1121 Hwy 2 Wiest Kalispell, MT 59901 Craig & Debbie Munro 985 ACM Road Libby, MT 59973 AND ATTACHED LIST PLANNING FOR THE Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannmg You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns to the Kalispell Planning Department. You may come into the office in person at the above address or you may contact the office at (406) 758-7940 for additional information. Written comments may be submitted to the Kalispell Planning -Department prior to the submission date, or emailed to us at planning_@kalispell.com. . NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION June 4, 2013 The special meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, June 4, 2013, beginning at, P1VI in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make recommendations to the Kalispell City Council who will take final action. 1. A request from Craig and Debbie Munro for a conditional use permit to operate a casino at 1121 Highway 2 West in the former Roscos Dollar Store. The existing retail building will include a liquor store in the south portion of the building with the casino to be located in the northern portion. The lot can be described as Lot 2 of Gateway West Subdivision Unit No. 2, as shown on the map or plat thereof on file in the office of the Clerk and Recorder, Flathead County, Montana. 2. A request by Julie Smith for a conditional use permit to operate an accessory casino at 1250 Highway 2 West in the former Sizzler's Restaurant building. The accessory casino will be operated as part of a restaurant in an existing 5126 square foot building on the property. The accessory casino will occupy less than 20 percent of the overall floor area. The property can be described as Lot 1 of Pack Addition, Addition No. 91, according to the official plat thereof, filed in Official Records of Flathead County, Montana. A request from Gardner Investments LLC for a B-5 planned unit development (PUD) zoning overlay approval for two tracts of land located immediately north of Mergenthaler Transport on the east side of US Highway 93 South. The lots front on United Drive, a local street, approximately''/2 mile south of the Four Corners intersection with US 93 South. The two vacant tracts contain 4.7 acres of land. The applicants are proposing to construct a Fred's Appliance Store on the 2.1 acre lot that lies on the northeast corner of United Drive and US 93 South. No specific use is proposed at this time for the easterly lot. The two tracts of land can be legally described as lots 1 & 2 of the Mergenthaler Subdivision in the NW % SW % of Section 28, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to the agenda item are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda items is posted on our website at www.kalispell.com/planning under"Planning Board Agenda & Staff Reports". Robert & Kay Ross Craig & Debbie Munro Carish Brothers 1121 Hwy 2 West 985 ACM Road 681 Lake Street, Ste 262 Kalispell, MT 59901 Libby, MT 59973 Wayzata, MN 55391 City of Kalispell Flathead County AD% Teletech P.O. Box 1997 Economic Dev Kalispell, MT 59903 Stretch, LLC 41763 N Foothills Drive Ronan, MT 59864 Spring Creek Development, LLC AD% Bonnie Vondervert 12906 N Addison Street Spokane, WA 99218 Kennedy Adventures, LLC 3134 Mullan Avenue, Ste B Post Falls, ID 83854 ACG-Kalispell Investors, LLC AD% Hugh M. Boxx 1114 State Street, Ste 212 Santa Barbara, CA 93101 McDonald's Real Estate Co. AD% Icicle Creek, Inc. P.O. Box 7803 Kalispell, MT 59904 Robert & Kay Ross P.O. Box 202 Kila, MT 59920 STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT HE IS CLERK OF THE DAILY INTER LAKE A DAI NEWSPAPER OF GENERAL CIRCULATION, PUBLISHED IN THE CITY OF KALISPELL, D COUNTY OF FLATHEAD, STATE OF MONTY THAT NO.20788 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES Of May 19, 2013. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this May 20, 2013 Dorothy I. Glen oss Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/2013 DOROTHY 1. GLENCROSS QgAgq 90 NOTARY PUBLIC for the oQo o State of Montana * SEAL * Residing at Kalispell, Montana 'df _�� My Commission Expires