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03. Conditional Use Permit - Northwest Investments PartnershipREPORT TO: FROM: SUBJECT MEETING DATE: Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Conditional Use Permit — Casino for Northwest Investments Partnership February 4, 2002 BACKGROUND: This is a request by Northwest Investments Partnership to allow the conversion of space that is currently being used as a video rental store into a casino. The proposed casino would be located at the east end of Westbrook Square, north of the existing convenience store / gas station. The casino would occupy space in an existing building and operate in accordance with the provisions of their gaming license. The casino will have 20 gaming machines on -site as permitted under State law. There would be no significant exterior modifications made to the space. The casino will maintain the hours of operation which comply with State law, which are generally from 8:00 AM to 2:00 AM. Some interior modifications will be made to partition off the various areas within the building. Staff recommended approval of the conditional use permit subject to conditions. The Kalispell City Planning Board held a public hearing at their first regular meeting of January 15, 2002. No one from the neighborhood spoke either in favor or in opposition to the proposal. At the public hearing, Matt Waatti spoke in favor of the proposal and stated they did not currently have a tenant for the space. A motion was made and passed unanimously to forward a recommendation that the conditional use permit for the conversion be approved subject to the conditions as amended. RECOMMENDATION: A motion to approve the conditional use permit subject to conditions would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Northwest Investment Partnership Casino Conditional Use Permit January 25, 2002 Page 2 Report compiled: January 25, 2002 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter and Exhibit A (conditions of approval) Staff report KCU-01-10 and application materials Draft minutes from 1/ 15/02 planning board meeting TRANSMIT\KALISPEL\2001 \KCU-01-10MEMO.DOC City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Matthew J. Waatti Northwest Investments Partnership, LLP PO Box 1 Kalispell, MT 59903 LEGAL DESCRIPTION: Conversion of existing business into a casino in Westbrook Square, further described as Lot 1, Block 1, Lewis & Clark Addition in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. ZONE: B-2, General Business Matthew J. Waatti and Northwest Investments Partnership, LLP has applied to the City of Kalispell for a conditional use permit to convert a video rental store and pizza shop into a casino in Westbrook Square. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on January 15, 2002 held a public hearing on the application, took public comment and recommended that the application be approved subject to five conditions. After reviewing the application, the record, the Tri-City Planning Office report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office, Conditional Use Report #KCU-01-10 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to convert an existing business in Westbrook Square into a casino in the B-2, General Business zoning district subject to the following conditions: SECTION I. 1. The proposal will be developed in substantial conformance with the approved plan and the Kalispell Zoning Ordinance. 2. That the proposed use comply with all local, state, and federal regulations which may apply to the construction and operation of a gaming facility. 1 3. That no neon signs, accents, embellishments or other treatment shall be added to any portion of the building, canopies or existing signs that could be seen from a public right-of-way. 4. That an updated site plan be provided to the Kalispell Building Department prior to any work being done on the building. 5. That the conditional use permit is valid for a period of 18 months from the date of authorization. Dated this day of February, 2002. Pamela B. Kennedy Mayor STATE OF MONTANA ) : ss County of Flathead ) On this day of February, 2002, before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires E Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net January 25, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - Casino for Northwest Investments Partnership Dear Chris: The Kalispell City Planning Board met on January 15, 2002, and held a public hearing to consider a request by Northwest Investments Partnership to allow the conversion of space that is currently being used as a video rental store into a casino. The proposed casino would be located at the east end of Westbrook Square, north of the existing convenience store / gas station. The casino would occupy space in an existing building and operate in accordance with the provisions of their gaming license. The casino will have 20 gaming machines on -site as permitted under State law. There would be no significant exterior modifications made to the space. The casino will maintain the hours of operation which comply with State law, which are generally from 8:00 AM to 2:00 AM. Some interior modifications will be made to partition off the various areas within the building. Narda Wilson, of the Tri-City Planning Office, presented staff report KCU-01-10 evaluating the proposal. No comments from the public had been received. Staff noted an amendment to the conditions requiring an updated site plan and recommended approval of the conditional use permit subject to the recommended conditions as amended. At the public hearing, Matt Waatti spoke in favor of the proposal and stated they did not currently have a tenant for the space. There was not other public testimony. After the public hearing the board discussed the proposal. A motion was made and passed unanimously to forward a recommendation to the city council that the conditional use permit for the casino be granted subject to the amended conditions outlined on attached Exhibit A. Please schedule this matter for the February 4, 2002 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Northwest Investments Partnership Casino Conditional Use Permit January 25, 2002 Page 2 Sincerely Kalispell City Planning Board FV,J" // Natta President RVN/NW Attachments: Exhibit A (conditions of approval) Staff report KCU-01-10 and application materials Draft minutes 1/ 15/02 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Matt Waatti, NW Investments Partnership, Box 1, Kalispell MT 59903 H:\FRDO\TRANSMIT\KALISPEL\2001 \KCU-01-10.DOC Northwest Investments Partnership Casino Conditional Use Permit January 25, 2002 Page 3 EXHIBIT A CONDITIONAL USE PERMIT FOR NORTHWEST INVESTMENTS PARTNERHSIP AMENDED CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JANUARY 25, 2002 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced conditional use permit request. A public hearing was held on this matter at the January 15, 2002 planning board meeting: 1. That the proposal will be developed in substantial conformance with the approved plan and the Kalispell Zoning Ordinance. 2. That the proposed use comply with all local, state and federal regulations which may apply to the construction and operation of a gaming facility. 3. That no new neon signs, accents, embellishments or other treatment shall be added to any portion of the building, canopies or existing signs that could be seen from a public right-of-way. 4. That an undated site plan be provided to the Kalispell Building Department Prior to any work being done on the building. S. That the conditional use permit is valid for a period of 18 months from the date of authorization. H: \... \TRANSMIT\KCU 101 \KCU01 - 10.DOC DRAFT Van Natta said he still wanted to see some sidewalks even if only on one side Wilson suggested amending the first and second sentences of Condition 2 to include language that read "with the exception of the north 230 feet where a 40-foot right-of- way would be allowed." After discussion the board decided leave the first sentence as it was. Atkinson moved to amend Condition 2 "The infrastructure for the subdivision shall be designed and constructed in compliance with the City Of Kalispell's Design and Construction Standards for local streets which shall include a minimum 24-foot wide paved roadway, curb, gutter, sidewalk and a landscape boulevard. This would include the full length of Financial Drive with the exception of the north 230 feet where a 40-foot right-of-way would be allowed." Brechel seconded the motion. The motion passed unanimously upon vote. The main motion passed unanimously upon vote. Northwest Investments Partnership Conditional Use Permit for Casino Narda Wilson of the Tri-City Planning Office gave a presentation of staff report KCU- 01-10 saying this was a request for a conditional use permit by Northwest Investments Partnership, LLP to allow the operation of a casino in a B-2, General Business, zoning district located at the northwest corner of North Meridian Road and Hwy 2 West north of the existing convenience store / gas station, Michaels. Wilson said staff was recommending approval of the conditional use permit subject to the four conditions as listed, and adding Condition 5 that would require an updated site plan be provided to the Kalispell Building Department prior to construction. Public Comment - Proponents Matt Waatti, with Northwest Investments, spoke in favor saying they had submitted an application a year ago, but at that time there had been a church that was too close, but the church had now moved so they were applying again. He said they did not have a license for locating the casino, but were making the space available for a potential tenant. Public Comment - Opponents There was no one to speak in opposition to the proposal. Brechel moved to adopt the staff report KCU-01-10 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the conditions as listed. Atkinson seconded the motion. The motion passed unanimously upon vote. Kalispell City Planning Board Minutes January 15, 2002 Page 8 OLD BUSINESS There was no old business. NEW BUSINESS Mayor Pam Kennedy welcomed the new and returning planning board members and thanked them for dedicating their time to community service. Kennedy said she hoped they would go ahead with scheduling a workshop on parliamentary procedures. DISCUSSION OF PARLIAMENTARY PROCEDURES WORKSHOP Wilson said Theresa White was willing to assist in a parliamentary procedure workshop and asked the board when they would like to meet. After discussion, because the February 120, meeting would only have one agenda item, the board decided to have the workshop after the meeting and keep it to approximately an hour. ADJOURNMENT The meeting was adjourned at 10:45 p.m. Ron Van Natta, President APPROVED as presented corrected Sandie Mueller, Recording Secretary Kalispell City Planning Board Minutes January 15, 2002 Page 9 NORTHWEST INVESTMENTS PARTNERSHIP, LLP TRI-CITY PLANNING OFFICE CONDITIONAL USE PERMIT STAFF REPORT #KCU-01-10 JANUARY 8, 2002 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 the B-2, General Business, zoning district. A public hearing on this matter has been scheduled before the planning board for January 15, 2002, beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. The applicant is submitting a request to allow the conversion of an existing business in Westbrook Square to a casino. A casino requires a conditional use permit in this zone, the B-2, General Business District, and all districts. A. Petitioner: Matthew J. Waatti Northwest Investments Partnership, LLP P.O. Box 1 Kalispell, MT 59903 (406) 756-7325 B. Size and Location: The property proposed for the casino is located at the northwest corner of North Meridian Road and Hwy 2 West in the east end of Westbrook Square. The property address is 1011 Hwy 2 West and can be described as Lot 1, Block 1, Lewis & Clark Addition in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Nature of Request: The applicant is requesting a conditional use permit to allow the conversion of space that is currently being used as a video rental store into a casino. The proposed casino would be located at the east end of Westbrook Square, north of the existing convenience store / gas station. The casino would occupy space in an existing building and operate in accordance with the provisions of their gaming license. The casino will have 20 gaming machines on - site as permitted under State law. There would be no significant exterior modifications made to the space. The casino will maintain the hours of operation which comply with State law, which are generally from 8:00 AM to 2:00 AM. Some interior modifications will be made to partition off the various areas within the building. D. Existing Land Use and Zoning: The area proposed for the casino is currently occupied by a video rental store and pizza shop. The space contains approximately 2,200 square feet, which will not be substantially altered. The zoning for this property is B-2, a General Business District. This zoning district lists bars and taverns as a permitted use, but lists casino as a conditionally permitted use. 1 E. Surrounding Zoning and Land Uses Zoning: There are a variety of commercial and retail uses in this immediate area. This area is the commercial core of the west part of Kalispell and is characterized by a full spectrum of commercial uses. North: USPS and retail uses, B-3 zoning South: Auto sales, McDonalds, hotel, other commercial uses, B-2 zoning East: Fairgrounds, P-1 zoning West: Stream, retail uses, theater, B-2 zoning F. Master Plan Designation: The Kalispell City County Master Plan Map designates this area as commercial. This is part of the core commercial area of west Kalispell and which should provide a full spectrum of commercial, office, retail, restaurant and banking facilities. The general district seems to be a reasonable place to anticipate casinos within the community. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Montana Power Company Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell H. Evaluation of the Request: a. Adequate Useable Spare: The casino conversion will not occupy any new space m the building. A casino is required to have a liquor license which allows the owner to have 20 gaming machines. According to the site plan there appears to be adequate space within the facility to accommodate the plans. No significant exterior modifications will be made to the existing space in the area proposed for the casino. No new structures are involved in this request. It appears there is adequate space to accommodate the proposed use. b. Adequate Access: Primary access to the casino is provided by way of the existing accesses either from North Meridian Road or Hwy 2 West which serves as access to the convenience store / gas station. Kalispell Center Mall's main access from Center Street and First Avenue West. Access to the site is adequate. C. Environmental Constraints* There are no significant environmental constraints apparent on the property. It is generally level and has been fully developed in the past. 2 a. Parking Scheme: Parking for the entire shopping center facility was calculated on a mixed -se basis with apparent consideration of the special needs of the various uses. According to the site plan, the entire site has approximately 190 parking developed parking spaces. Without doing a highly specific parking analysis, parking for site based on the all of the current uses, the site can be broken down into several specific use categories. There is a vacant storage building near the north end of the site that also has to be included in the parking calculation. Another alternative is using a basic calculation of one space per 200 square feet which can be used for shopping centers. That would appear to generate a need for approximately 198 spaces. In any event the site plan submitted with the application is not entirely accurate as far as available parking spaces and an updated site plan should be submitted prior to the issuance of a building permit. Parking for the restaurant use is one space per 100, for retail uses is one space per 200 square feet, for office on per 400 and other similar parking standards. It appears that the total combined parking needs calculated for the mixed uses are approximately 175 parking spaces which includes the vacant 4,400 square foot storage building at one space per 200 square feet. Parking appears to be adequate, however, an updated site plan for the entire site should be on file with the building department. b. Traffic Circulation: Persons visiting this casino would typically enter the premises from the Meridian Road entrance near the convenience store. Traffic circulation within the parking lot is generally good. The parking lot also provides good traffic circulation with an entrance off of Hwy 2 West at the western parking lot. Traffic circulation in the area is generally good. C. Open Spa,: No specific open space requirements are required under the zoning regulations. Open space areas would not be an appropriate or reasonable element of consideration in this particular request. d. Fencing/ Screening /Tandsrainn : As mentioned above, this use is inside of an existing building and no exterior modifications to the building or to the space would occur as a result of the proposed casino conversion. No landscaping, screening or fencing is necessary or appropriate with this particular request. e. Sim: Some modifications to the existing sign(s) inside the building would be anticipated as a result of this conversion. The Kalispell sign regulations only relate to signs which are intended to be seen from a public right-of-way and would not be extended to interior signs. No signage on the exterior of the building has been included in the application. Additionally, the sign provisions require any sign would require a permit a. Schools: This site is within the boundaries of School District #5, however, this proposal should have virtually no impact on the school district. b. Parks and Recreation: The closest City park to this property is several blocks from this site. No significant impacts to the park system can be anticipated as a result of this use. C. Police: There may be some minor impacts to the police department which can be anticipated as a result of the use primarily because of its nature. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. Modifications to the building will be required to comply with the Uniform Fire Code. Additionally, there are fire hydrants in the area as well as good access to the site in the case of a fire. e. Watts: City water will be used to serve the facility. No significant impact on water services can be anticipated as a result of this facility. f. Sewer: Sewer service will be provided by the City of Kalispell. No significant impacts on City sewer services can be anticipated as a result of the proposed use. g. Solid Waste: Solid waste pick-up will be provided by the City, and no significant increased impacts can be anticipated as a result of the proposed use. h. Roads: Some additional traffic may be anticipated to be generated as a result of this use. Access will generally be onto North Meridian Road or Hwy 2 West. These streets are paved streets in generally good condition and well maintained. Roads in the area are adequate to accommodate the proposed use. i. Immediate Neivhborbood imn2ct: The general character of this area is commercial which provides a full range of consumer, retail, office and downtown uses. The conversion of this use would be anticipated to have minimal or no impact on the established neighborhood character and the character of the shopping center itself. 0 A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, no objection to the casino conversion was received. 1. The size and location of the site is adequate to accommodate to the proposed use. 2. The site is adequate with regard to access; parking complies with the zoning for the B-2 district. 3. Existing public services and facilities are available and adequate to serve the proposed use. 4. There will no significant negative impacts to the neighborhood as a result of the proposed use. It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU-01-10 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be granted subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the approved plan and the Kalispell Zoning Ordinance. 2. That the proposed use comply with all local, state and federal regulations which may apply to the construction and operation of a gaming facility. 3. That no new neon signs, accents, embellishments or other treatment shall be added to any portion of the building, canopies or existing signs that could be seen from a public right-of-way. 4. That the conditional use permit is valid for a period of 18 months from the date of authorization. 5 PEAK December 17, 2001 Narda Wilson Flathead Regional Development Office 723 — 5a' Ave. East, Room 414 Kalispell, MT 59901 Dear Narda: RECEIVED DEC 17 2001 TRI-CITY PLANNING OFFICE Enclosed is our follow-up application for a Conditional Use Permit that would allow a casino in our Westbrook Square property at Hwy 2 West and Meridian Road in Kalispell. As you recall, you could not accept the application a year ago because the River of Life Pentecostal Holiness Church was located in a building adjacent to the Westbrook Square property. This church has now moved out of the building which has been purchased by the State of Montana as part of the Meridian Road widening project. The following items are included as part of this re -submitted application: • A completed application including a site plan and answers to Question #3. • An updated and approved list of property owners within 150 ft. of our site and their mailing addresses. • A check in the amount of $400 made out to your office. Please advise us of any additional information you may require. We always appreciate the help you provide in guiding us through the permit process. Sincerely, AaRtItt. "Iti " t"Waatti Vice President - Properties Office (4o6) 756-PEAK(7325) Toll -Free r888-9oi-PEAK(7325) Fax (4o6) 257-6o12 Southfield Tower PO Box 1, 1830 3rd Ave. E., Suite 301 Kalispell, MT 59903 J� Flathead Regional Development Office 723 5eh Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED USE: UA-gino OWNER(S) OF RECORD: I_ / Name: T -4101i �'C�� Z-L P Mailing Address: %'C) l�,�L / City/ State/Zip:44A1/, M T- S9 90 ; Phone: 5YQZ - 75-6 - 7.,a S PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name:_ Mailing Address: City/State/Zip: i cna-11 M% -?90 Phone: A - 7S-Z LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street / Sec. Town- Range Address: /l1// - /I/l ,C'i[ , �)—'No./c ship c�2 9 No. 6"a" Subdivision Name: Ls;,,jc Tract Lot Block v-(!Lj 4Q6z'160a) No(s)/ZE& No(s)4�"No.� Zoning District and Zoning Classification in which use is proposed: 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 e. Size(s) and location(s) of proposed buildings. AIA f. Existing use(s) of structures and open areas. t/ g. Proposed use(s) of structures and open areas. .UR 3 EI 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. e. Utilities. f. 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. 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 F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. 0 /1;—�- JWa la-17-a� pA plicant Signature Date 2 FOR OFFICIAL USE ONLY Application No.: Application Recei Fee Paid: Date: Receipt No.: Kalispell City -County Planning Board Public Hearing Date: City Council Public Hearing Date: City Council Decision Application Approved? Approved with Modifications? Denied? If Approved, Conditions Attached: Mayor, City of Kalispell As approved by the CAB on 4/5/00 Effective 6/ 1 / 00 3. Discussion of topics relative to proposed use: a) Traffic flow and control: The addition of a casino to this property should not make a significant impact on traffic flow surrounding this site. Existing traffic is already heavy because of the high volume fuel/c-store facility and other existing retail businesses. Traffic is effectively controlled with a stop light and turn lanes at the intersection of Hwy 2 West and Meridian Road. Plans for the upcoming Meridian Road widening project also address traffic control issues at this site. b) Access to and circulation within the property: Traffic flow within and around this property currently meets the needs of both retailers and customers. Access off of Hwy 2 West is good and current access off of Meridian Road meets the needs of the project. c) Off-street parking and loading: Westbrook Square includes sufficient off-street parking to meet the needs of tenants and their customers. In addition, a parking lot at the rear of the center provides more parking for employees and customers. Loading and unloading access is provided at the back of tenant businesses. A casino would fit into the existing parking and loading system already in existence at this site. d) Refuse and service areas: Existing refuse and service areas will accommodate the needs of a casino. e) Utilities: Utilities will not be affected by the addition of a casino to Westbrook Square. Facilities are already in place to provide tenants with their own electric, gas, and water services. In addition, common area needs for parking lot lights, landscaping water, and gas are adequately supplied. We do not anticipate any additional requirements because of a casino. f) Screening and buffering: A casino would fit into the overall layout of the existing property and should not generate any needs for screening and/or buffering the site for noise control or visibility. g) Signs, yards, and other open spaces: A casino would not require any additional needs for signs, yards, or open spaces not required by any other retailer in the center. h) Height, bulk, and location of structures: A casino would fit into the existing Westbrook Square complex and would not require any anticipated additional needs for higher or bulkier structures. i) Location of proposed open space uses: Westbrook Square already includes open spaces required for parking, landscaping, and traffic. A casino would not change the location or use of any of these open spaces. j) Hours and manner of operation: Open hours of existing tenants range from normal retail hours to 24 hours. Therefore any proposed tenant would fit into existing hours. A casino operation should not deviate from existing manners of operation in Westbrook Square. k) Noise, light, dust, odors, fumes, and vibration: We know of no adverse noise, light, dust, odors, fumes, or vibration problems that would be associated with the proposed use. TCPO - 2001 Zone Change, Variance, Conditional Use, PUD CERTIFICATION APPLICANT: NORTHWEST INVESTMENTS PARTNERSHIP LLC TCPO FILE NO: #KCU-01-10 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the property lines of the property that is the subject of the ap lication. Date:_ 12 - A7- 0/ MATHEW WAATI NORTHWEST INVESTMENTS PARTNERSHIP LLP P0BOX I KALISPELL MT 59903 AND ATTACHED LIST NOTICE OF PUBLIC REARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION Preliminary Plat Gateway West Addn #34 Eight Lot Commercial Subdivision Revised Whitefish Stage Condos 214 Units Conditional Use Permit Flathead Credit Union Expansion Conditional Use Permit Four -Plea at East California St. and Eight Ave. E.N. Initial R-4 Zoning Upon Annexation 11 Acres South of Sunnyside Drive Westbrook Square Casino Conditional Use Permit The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January 15, 2002 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. Continued from the last meeting, a request by Cameron Calder for preliminary plat approval of an eight lot commercial subdivision on property located south of Two Mile Drive and west of the Gateway West Mall north of the existing Crop Hail building in the west part of Kalispell. The property contains approximately 11.312 acres and the lots range in size from 0.42 of an acre to 3.32 acres. The property is zoned B-3, a Community Business District. The property can be described as the Amended Plat of Gateway West Addition #34 located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request by Whitefish Stage Development, LLC, for a revised conditional use permit to the proposed condominium multi -family development, Whitefish Stage Condominiums. The applicants are proposing a redesign of the previously approved project by proposing 214 duplex and four-plex units on approximately 38.4 acres rather than the previously approved 304 units consisting of duplex, six-plex and nine-plex units. Tbis property has been annexed to the city of Kalispell and zoned RA-1, Low Density Residential Apartment, which lists multi- family dwellings as a conditionally permitted use. The condominiums would be done in six phases. Primary access to the development would be from Whitefish Stage Road and Granrud Lane. The property can be described as Assessor's Tract 2 in the northeast quarter of Section 31, Township 29 North, Range 21 West, PM.M., Flathead County, Montana. 3. A request for a conditional use permit by Steven C. Maw to allow the construction of a four-plex apartment unit on property zoned RA-1, Low Density Residential Apartment, which lists multi -family dwellings as a conditionally permitted use and would require a minimum of 3,000 square feet per dwelling. The property where the four-plex would be located is at the east end of California Street and the north end of Eight Ave. E.N. and contains approximately 12,197 square feet. The property can be described as Parcel A of COS 14785 (Assessor's Tract 231C3) located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request for a conditional use permit by Flathead Government Employees Credit Union to allow the expansion of a non -conforming use. The applicants are proposing the expansion of the existing bank facility on property zoned B-1, Neighborhood Buffer District. Banks are not allowed either as a permitted or conditionally permitted use in the B-1 zoning district, but any existing bank would be considered a non -conforming uses. Non -conforming uses may be allowed expansion up to a maximum of 50 percent subject to a conditional use permit. The existing 3,042 square foot bank would be expanded by adding an additional 655 square feet and expanding the drive -through facility. The banking facility is located at 660 Sunset Boulevard. The property can be described as Lots 3, 4, 5 and 6, Block 235 Addition #6 to Kalispell in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana 5. A request by Gaylon Owens for an initial zoning designation of R-4, a Two Family Residential district upon annexation into the city of Kalispell. The proposed R-4 zoning has a 6,000 square foot minimum lot size requirement and allows duplexes and single-family residences as permitted uses. The property proposed for annexation contains approximately 10.736 acres and lies on the south side of Sunnyside Drive, west of Ashley Creek in the southwest part Kalispell. The property is currently in the County zoning jurisdiction and is zoned R-1, a Suburban Residential zoning district which has a minimum lot size requirement of one acre and is intended as a single-family residential district. The purpose of the annexation and zoning is to accommodate future development which has not yet been proposed. The property proposed for annexation can be described as Assessor's Tracts 8 located in Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 6. A request for a conditional use permit by Northwest Investments Partnership, LLP to allow the operation of a casino in a B-2, General Business, zoning district. Casinos are listed as a conditionally permitted use in the B-2 zoning district. The property is located at the northwest comer of North Meridian Road and Hwy 2 West (Idaho Street). The proposed casino would be located at the east end of Westbrook Square, north of the existing convenience store / gas station. The casino would occupy space in an existing building and operate in accordance with the provisions of their gaming license. The property address is 1011 Hwy 2 West and can be described as Lot 1, Block 1, Lewis & Clark Addition in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. _2" 4y_ Thomas R. J ne tz Planning Director SUPORCT PROPERTY Atop Levi i 5£ C lark_ AJJ TRACT # ASSESSOR # OWNER/ADDRESS PLP;i R0011+'. Boa S. Moro b'i6-h,,.a yoXiierLv� E.T Yo 9qa z - ass -C� 7S-O0000 a3 P.o, VcoK 775-V /�q1S 11� MT S49a`1- 0757�1 _ �✓� E o oy� o s b goo .Sow -it cal %,A_ S+ C) j�$ Fo 3� )W;J- �p-ff Af T .SS90 — 6� LL'Cr 1� �06(� Z�� t�1ev E �Ai EST U.Vi � c`, eS o1 � c�c2a71�� 1 Ads 3� Ile �, i��ts ss AvF, Coe 7RA goa�7-ca � I �p/ylQ(,y �bt�eN�� `k4.i;L. RLL� o 5 4- cS E211/1L�, I.1 C.. �!.Q'I!�✓'Ff` # 171 Zoi K R i,LK t 2�� 5 L) P.o_ = L o�d266o ao �9-dd. � aJR-s�-rrcaA r3oes�, T70 k-270-6 — 0 o a o �e l/1//�j�?����/ �Ltw t Fom ci � a1�9 aA. "d. A FYIP_ b ° �o o _ I�osL d:o 8 moo; p 837a.6 - b as n � LEr�s a- R d i. I7 i �L...��-I 4 C'.a Q/d a� c{ t� tau ds r.. 7;;-3c 1-3zmn bZe�LL 0 3 9a9° o P. o - 3mx c1! 96 a7 T►2 ,u ! 54 - 6 LEW/S �Ey9 .TKLtis'� TIC 44 0oS3lo� K+11Sre-J; P4 s-9Qo/ « db37o C/o �Jcafwi� €U �pRires I,s ea/ ,— s49 0 I FA �22 ND �� 2 DF I f-t &va o0 o /7 oSao3oS I &X T2 A (m,)) l A-K l S Cl4 Wz�r�4, r4nl 7at�- ' P COUNTY PLAT ROOM B00 S. Main Kalisnell. MT 59901 SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY Thursday, December 27,2001 Building Department Conference Room ATTENDING: Dick Amerman,_ Asst. City Engineer Mike Baker, Parks & Rec. Director Jim Brown, Assistant Police Chief Craig Kerman, Building Official Chris Kukulski, City Manager Dick Seddon, Fire Marshall P. J. Sorensen, Zoning Administrator, Chair Kathy Kuhhn, Recording Secretary OLD BUSINESS: NEW BUSINESS: Planning Board Items: Preliminary Plat, Gateway West - Dick A- asked if anyone had spoken with Jim Thompson yet about giving the City 20 feet. Narda indicated last week that it looks promising. Dick feels the success of the project is contingent upon the 20 feet in question. Revised Whitefish Stage Condos CUP - Nothing new. Flathead Credit Union expansion - Dick A said two-way traffic in alley won't work. Not enough room Cars on Hwy. 93 can't be waiting to get in. Also, the plans will need to be further refined and developed. Dick will write a memo to Narda regarding these points. Four -Plea at East California and S'h Avenue E. 1V. - No major concerns at this point; will need to adjust parking. Initial zoning upon annexation of area south of Sunnvside - Will develop in the future but doesn't have a plat yet. A developers extension agreement exists in the area and expires in 2006. Westbrook Square Casino CUP - P.J. is concerned about the parking issue. Need a current plan for their parking. May be short on spaces. [0Y:1old Chris said the County Commissioners' approved Phase 11 of the Stillwater Estates final plat, scratching the language requiring sewer. Contiguous to the City - we need Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net MEMORANDUM TO: Kalispell City Staff and Other Interested Parties FROM: Narda A. Wilson, Senior Planner DATE: December 18, 2001 RE: January 15, 2002 Kalispell City Planning Board Meeting Attached with this memo is a copy of the legal ad, vicinity map, site plan or plat and application for items that will go before the planning board on the above referenced date for your information, review and comment. • Preliminary Plat Gateway West Addn #34 Eight Lot Commercial Subdivision • Revised Whitefish Stage Condos 214 Units Conditional Use Permit • Flathead Credit Union Expansion Conditional Use Permit • Four-Plex at East California St. and Eight Ave. E.N. • Initial R-4 Zoning Upon Annexation South of Sunnyside Drive • Westbrook Square Casino Conditional Use Permit These items will go before the Site Development Review Committee in the Conference Room of the Kalispell Building Dept. on: December 27, 2001 January 3, 2002 Comments By: • January 7, 2002 so that they can be incorporated into the staff report These matters will go before the Kalispell City Planning Board on January 15, 2002 for public heating. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to January 7, 2002 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852. If you need additional information regarding any of these items, please call me. Thank you for tatting the time to review and comment on these items. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Referrals KPB 01/ IS/02 December 18, 2001 Page 2 c: w/attachments: Dick Seddon / Randy Brodehl, Fire Dept. Mike Baker, Parks and Rec Chris Kukulski, City Manager PJ. Sorenson, Zoning Administrator Jim Brown, Police Dept. Dick Amerman, City Engineer Jim Hansz, Director Public Works Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, Interim City Attorney Steve Herzog, MDOT Roberta Struck, Evergreen Water District H:\... \AGREF\KALISPELL\KPB0115REF.DOC 17e AIW44' 12- p O�-d / 0, Ao� /* I�v 1-77 rolW loo� Age 0- AY ADD 4 1 of N PLAT V L. 2 IBSON -DD #41 A 1 2 GATEW,k WEST AMD �LATZ OF TH MALL 1 KALISPELL ADD. 32 1GA 34 B-3 T—AA I T—A "T"rtn ADDITION 5KA P-1 LOT 3 �HA iFA U S h / 6 W NALDS KALISPELL RESUB KALISPELL #52 1 LUMBER CO. LUMBER CO. 42 ADD. NO. 50 ADD. NO. 27 1 N" P� 2 1 waL a p�10 1 + \O� LB io Z O LL2k3 RESU MOIKIUTAN S lA waLER "°° COMPLEX `t�Q 45 1 C 1 B 1 E WEISSMAN VICINITY MAP NORTHWEST INVESTMENTS PARTNERSHIP, LLP CONDITIONAL USE PERMIT TO ALLOW A CASINO IN AN EXISTING BUILDING IN B-2, A GENERAL BUSINESS DISTRICT CITY OF KALISPELL ZONING JURISDICTION PSI PIDT DAMMA9/01 FILE KCU-01-10 SCALE 1" = 300' HAAw\miie\lmu0ll0.dvg f9' post a�A \JA,-,43-r- LAij--�, I-EMNOWSPRImi •13A •9• .cart W"N ��Qjz-1 arcs-rr f.;l �oo�r 1JL- f- ,/C fuoV Cr.:.�ddLn S..S•• I�eV I_'ii7f.4:n^ _ .Ilse �f.. 3. g. a.a�caF yl vcc f vaL 1.