2. Montana Commerce LLC Conditional Use PermitCity of Kalispell
Planning Department
7 , gm' Street E&st, Suits 12. 11, Kalispell, Montana 9901
Telephone: 5 1 -1850
Fax: (406.) 7 - 185 8
W rit : ka pep nn�n .com
REPORT TO: Kalispell Mayor and city Council
FROW Thomas R. Je ,t , Director
Jaynes H. Patrick, city Manager
SUBJECT Montana Commerce LLc request for a conditional use permit to
locate and operate a. tav n / casino at 29 10 Highway 9 3 South
(dourComers)
MEETING ATE: Work Session - January 23, 200
BACKGROUND: This is a request by Montana Commerce LLC for annexation to the city and a
conditional use permit to allover the construction and operation of a 2,721 square foot
c smo tavern in connection with an existing 'town Pump convenience store and gas station.
The site contains one acre of land and supports the existing 4,116 square foot convenience
.ce
store, 4 pump island gas station and. 23 parking spaces. The property address is 2910 U.S.
Hwy 93 South and is located on the southwest corner of Cemetery Road and U.S. Hwy 93.
In 2003,, the owners of this location applied to Flathead County and received a conditional use
Permit to operate a. tavern/casino at this location. Montana Commerce LLC purchased the site
later and began plans to construct the casino as an addition to the convenience store. They
applied for a state building permit. The perrmit indicated a need for expanded waste water
treatment to accommodate the lamer .ild. g, Because the city water and sever mains
abutted the property, they were denied a permit to expand their existing septic tank and dr�n
field and told they needed to hook up to the existing Kalispell facilities. Montana Commerce
proceeded to apply for annexation and the necessary city conditional use permit.
.t the January 1 Oth Kalispell city, planning .hoard meeting, the board unanimously approved
initial zoning of -2 General Business for the site upon annexation by the city. However, the
hoard recommended denial of the conditional use permit to allow the tavern/casino based on
the single fmdi g that the proposed casino would be within Soo feet of a coun residential
zone. Attached to this memo are the transmittal letters from the planning board and the
original staff report with conditions for your reference.
Staff had recommended approval of the conditional use permit with 8 conditions of compliance
attached based on findings in the staff report including the fact that the site had adequate
usable space, no environmental limitations were present, city water and sewer and other
municipal services were adequate and avafla.l le, Cemetery Road and. U.S. Hwy 93 South had
just been reconstructed., a. traffic light was present at this intersection to control traffic and
finally no neighborhood comment had been received prior to the hearing.
Staff pointed out that the zoning ordinance prohibits casinos when located within 300 feet of
another casino, a park, school, church or other residential zone. Sty" noted that a county
residential zone did lie on the north side of Cemetery Road within 30feet of the proposed
casino site. In general consultation with the city attorney it was staffs opinion to the board
Montana Commerce C/
January .ary 19, 2006
.e 2
that this was not a fatal or enforceable criter*a. Staff based their conclusions on the following
opts:
• The Kalispell Zoning ordinance only has jurisdiction. within the city limits of Kalispen.
Therefore, the generic reference to 'residential zones' would refer to city residential
zones, not county residential zones or county residential zones that may annex into the
city some time in the near future.
• In 2003, Flathead County approved this location for a. casino, The residential zone has
been Mi place for approximately 16 yews and its presence was not critical to the
county's approval.
• The county has not adapted spacing or iocational criteria for casa os which would
indicate that they do not hold the sane level of concern as the city does for protecting
their neighborhoods and residents.
.MM MMENDI N: The council should consider the application of Section 2 . .o3o ) of
the Kalispell Zoning ordinance which states,, "Casino if 300 feet or more from churches,
schools, parks, residential zones, and other casinos measured from .property lime to property
line."
If t .e council concurs with the planning hoard that this condition applies to the county
residential zone on the north side of cemetery Road, a motion to deny KCU-05-11 would be in
order at the February 6 council meeting.
f the council finds that Section. 2 .1. Roo establishing a Soo foot limitation Between a
casino and a. residential zone does not apply to county zones, then a motion accepting staff
report .CCU-0 --1.1 as Findings of Fact and approving KCU-05-11 with 8 conditions, as modified
by the council, would he in order at the February r meeting.
Respectfully submitted,,
Q'IN
i
Thomas R. Jentz Uames Patnc
.rector -� City Manager
Report compiled: January 19, 200
Attachments: Draft Transmittal Letter, KA-05-21
Draft 'transmittal Letter, KC -o -11
Staff Report KC -05-1 and application materials
c: Theresa White, Kalispell city Clerk
City of Kalispell
Planning Department
ndStreet. East,, Suite 21 l., Kalispell, Montana 59901
Telephone: o . - f 5 o
Fax:(406.)51 - l 5
We s te: kalispellplanning.com
January 19, 200
araes H. Patrick, City Manager
City of Kalispell
P.O. Box 199
Kalispell, MT 59903
Re; Montana. Commerce LLC -vexation and Initial Zoning of -2 General Business,
2 910 H y 93 South at Four Comers
Dear Jam:
The Kalispell City Planning Board met on January 10, 2006 and held a public hean'n
to consider a request for annexation and an initial zoning designation of -2 General
Business, ess, on approximately one acre.. The property is located on the southwest comer
f the intersection of Cemetery Road and US 93 and contains a Town imp
convenience store and gas station. The applicants are interested in annexing the
property to the city and have applied for a conditional use permit to undertake a 2,700
square foot addition to add a tavern/ casino.
Tom Jentz of the Kalispell Planning Department presented staff report KA-05-21
evaluating the proposed zoning indicating that the -2 zoning request was in
compliance with. the Growth Policy which designated this area as commercial on a
major entrance corridor to the community. Jentz reviewed the statutory fmd r s
indicating that the staff did support the -2 zoning classification upon. annexation.
Two representatives of Montana Commerce LLC spoke in favor of the annexation. No
one spoke in opposition to the annexation.
After the public hearing the board discussed the annexation and initial zoning. The
hoard unanimously voted to adopt staff report KA-05-21 as Findings of Fact and
forward a. unanimous recommendation da.tion to the city council approving -2 General
Business as the initial zone for this property.
erty.
Please schedule this matter for the February 6, 2006 regular city council meeting. .
Montana Commerce LLC
January 19, 2006
Page
You may contact this Board or Tom Jentz at the Kalispell Planning Department if you
have any questions r gar m' this matter.
Sincerely,
Kalispell City Planning Board
George Taylor
President
G rya
Attachments: Staff report KA-05 -2 . and application m . is s
Minutes of the 1 1planning board meeting
ter/ Att: Theresa White, Kalispell Cif Clerk
w/o Att: Montana Commerce LLC, PO Box 6000, Butte MT 59702
City of Kalispell
Planning Department
7 - 2nd Street EaSt, suite 211, Kalispell, Montana 59901
January 19, 200
James H.Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Montana Commerce LLC request for a conditional use permit to operate a
tavern/casino at 2910 south US 93 (Four Comers)
Dear Jim:
The Kalispell City Planning Board met on January 10, 2006 and held a. public hearing
to consider a request for a conditional tional use permit to alloy the operation of a 2,721
square foot casino/tavern in connection with an existing Tow. Pump convenience
store and gas station. The site contains one acre of lard and supports the existing
, 116 square foot convenience store, 4 pump island gas station and 23 parking
spaces. The property address is 2910 US 93 South and is located on the southwest
comer of Cemetery Road and US 93.
Torn Jentz of the Kalispell Planning Department presented staff report KCU - 5-1 I
evaluating the project. He noted that both. Cemetery Road. and US 93 had been
recently re -constructed at this intersection, a. traffic light had been installed, adequate
services and utilities served the site and no pubhc comment had been received. Staff
did recommend approval with 8 conditions attached. Jentz did rote that the city
zoning ordinance prohibits casinos within Soo feet of a residential zone and that this
site did fie within Soo feet of a counly residential zone on the north side of Cemetery
Road. gent i stated that he interpreted the 300 feet to mean "within a. city or. m' g"
district noting g that Flathead County which does not have s a.omg cr teria had already
approved the applicant's site for a casino in 2003.
Representatives of the owners spoke M favor of the proposal saying they agreed with a
maj or ty of the conditions, they had some concerns with parking and relative to
Condition , they fished to maintaintheir own r .vate well and not book up to city
water. JoLynn Siderius Yenne, representing the siderius Family Trust bordering the
Montana Commerce LC
January ,
2006
'age 2
site on two sides spoke in opposition submitting a letter with the family concerns
outlined.
Ater the public hearing the board discussed the project at great length. The board
was greatly concerned that the 300 foot separation between a casino and a residential
zone as found in the Kalispell Zoning Ordinance should be looked at closer and that it
should apply to counter zones as well as city zones in which case, this application
would have no standing. On a vote of 2 - 4 a motion to approve KCU-05-11 failed. On
a second motion, based on the fact that the proposed casino was situated within 300
feet of a c u ty residential zone(located now of Cemetery Road) the board vote. 5-1
to recommend to the City Council that KCU- 5- l 1 be denied.
Please schedule this matter for the February 6, 2006 regular city coned meeting.
You may contact this boar. or Tom Bentz at the Kalispell Plying Department if you
have any questions regarding this matter.
Sincerely,
Kalispell City .an n.g Board
George Taylor
President
GT/TJ/ ma
Attachments.- Staff report KC - 05- 1 and appEca.ti n materials
Minutes of the 1 1 planning board meeting
w Att.- Theresa White, Kalispell City Clerk
c w Att: Montana Commerce LLC, PCB Box 59702-6000, Butte MT
MONTAN i Co.9URCE LLC
REQUEST ` FOR MILL ZONING of - 2 UPON ANNEXATION
STAFF REPORT #KA-05-21
report to the Kalispell fly lan * Board and the Kalispell City Council regarding
the M'.a1 zoning of -2 General Business upon annexation to the city. A public
hearing has been scheduled before the planning board for January 10, Zoo
beginning at ' :o0 PM in the KalispeH City Council Chambers. The planning board
will forward a recommendation dation to the Kalispell City Council .for final action.
BACKGROUND INFORMATION: This report eva uat s the appropriate assignment of
a City zoning classification in accordance with Section. 2 .o3,010 of the Kalispell
Zoning Ordinance. A request to annex ex this property to the city is being concurrently
currently
submitted and processed.
A. Petitioner and o rs: Montana Commerce LLC
P.O. Box 6000
Butte, MT 502
(406) 4-21
B. Location and Legal Description of Property* The property proposed for initial
zomng is located on the southwest corner of Cemetery Road and US 93 South
(Four Comers). The current city limits lie it r ed. lately to the north across IT'S 3
a the Toyota. Dealership. he property can e described as Tract 5 (Tract 1 of
Certificate of Surrey l 5o l) located in Section 29, Township 28 North., Range 21.
West, . M . M . , Flathead County, Montana.
C. E�dtitg zoning. This property is currently situated in the County Highway 93
South, Zoning District and carries are l- l H Highway Light Industrial classification.
Ifis district is Mte ded to provide areas for light industrial uses and service uses
that typically do not create objectionableby-products (such as dirt, noise, glare,
heat, odors, smoke, etc,) which extend beyond the lot lines. .It is also intended
that the encroachment of non -industrial or .on -specific commercial uses within
the district be prevented. The district is intended for uses that locate along; state
and federal highways and contains greater levels of performance and signaa e
restrictions for the purpose of protecting the County's major travel ways from
unnecessary encroachments and limiting access points to encourage improved
traffic flogs and to preserve scenic corridors and entrance ways to major
communitaes. to March, � � �e County added commercial uses to � s district.
D. Proposed Zoning* The property owners are requesting City -2 om'n. This is a
business district intended to provide area. for hose retail sales and service
functions and businesses whose operations are typically characterized by outdoor
display, storage and/or sale of rnerc .and. se, by major repair of motor vehicles
and by outdoor commercial airnuseme .t and recreational activities. This district
would also serve the general needs of the tourist and traveler and depends on the
proximity to major streets and. arterials.
Page
E. Size: The area proposed for i tlal. zoning contains ap rox nately one acre.
F. Existing Land Use: This propel contains a convenience store and gas station
that has operated for many years. The new ov.ers (Town Pump are in the
process of remodeling .elin and expanding the business to Mncl e a bar/ ca.sm' o.
G. Adjacent Land Fees and Zoning: The adjacent a.cent land uses are In transition but
are currently agricultural to the east, merest and south are.d a. mixture of residential
and commercial to the north along Hwy 93.
North: Highway 93 R W and city In' is zoned city -2
South: Agricultural zoned County I- I
East: Agricultural zoned County I- I
West: ..cult ray. zoned county 1--1 zoning
H. General Land Use Character: The character of the immediate area can be
described as commercial and industrial uses fronting on US 93 with less intensive
a nc .l.tural and residential uses off of the highway. The immediate site abuts the
highway corridor and lies at a major intersection.
Availability of Pablic Services: City water and serer are located Mmediatel y
adjacent to the property. Upon annexation, this property would have immediate
access to them and It is the intent of the developer to extend water and sewer to
this site. The highway frontages abutting this site are the responsibffity of MDT.
The City can provide police and fire protection as it does to the a l oimm�
proper -ties to the immediate north.
J. Additional background infor ati : This property was recently purchased by
'own Pump. It was their plan to remodel and expand the faci,ty Mcl m'
adding a. bar/ casino. A state building permit was required. In the process of
revievvmg the state building pest, the adequacy of the sewage disposal system
(on -site septic tank and dry field) ,grans reviewed. Town Pump was not allowed to
expand the septic tank/dramm field because they abutted a public water and severer
facility (Kalispell). The city re uire l Town Pump to annex M' order to hook up to
serer and water. This led to the current annexation request. Note that under
separate application, Town Pump Will be requesting a. conditional use permit t
operate a. bar/casino at this location. The initial zoning and annexation
application before you now only deals with the existing convenience store and gas
station at this time.
EVALUATION BASED ON STATUTORY CRIES
The statutory basis for reviewing a change in zoning is set forth by -2-20, M.C.A.
Findings of fact for the zone change request are discussed relative to the itemized
criteria described by -2- 203, M.C.A.
'age
SUMMARY AND DISCUSSION
1. Does the requested zone cow with the Grow Polio
This property and the general area of the Four Corners i �tersection is
designated as Commercial on the Kalis eH Groff Policy 2020, future land use
ma.p and potential utility service area. This request is in compliance with the
plan.
2. is the reguested zone desi ed. to lessen congestion in the streets?
The current onm'g is County 1- l H, Light Industrial. This is a moderately
intense commercial M.dustrial zoo g designation which allows a variety of
light industrial uses and general commercial uses. The City --2 zone would
possibly offer uses that generate more vehicle traffic than the current County I-
1 H zone, however, the County zone typically would encourage a. greater mix of
truck and .heavy equipment traffic, while a - 2 zone would be more auto
oriented. The property is situated along US 93, recently expanded to a four
lane design. MDT in their design lftm'ted and established speck access points
for this property. A traffic light exa�sts at Cemetery Road. It is not envisioned
that the current convenience store and associated one acre site will unduly
impact traffic patterns as the use already exists and has been planned for.
3. Will the requested zone secure -safely from fire panic, and other dangers?
The zonir g anticipates a.tes the type of uses that this property is already developed
as. Along with the annexation and on g will come City services including;
City pohce and fire services, fare inspections, the extension of water and sewer,
and City review and oversight of all uildmg expansions. With the associated
site design restrictions p osed by the -2 zone including height, setbacks and
parking, the issues of safety should be adequately address.
-. Will the requested zone promote the health and gtneral welfare?
Because this annexation will enable the property owners to connect to public
suer and develop this property with full public services, the public health and
welfare of the community will be served.
5. Will the reguested zone rovide for aide ua.te li lit and air?
The proposed commercial zoning designation and allowed uses would be
subject to the development ent standards of the zoning which help to insure that
Mere is adequate light and air by using building height restrictions and
setbacks as well as landscaping and parking requirements. Conditionally
permitted uses that might be allowed will have special conditions required for
the development.
Page
. Will the r nested zone revent the ov r rowdin of land.
The requested zoning designation is generally consistent with other er -2 onm'
in the area and will come the commercial pattern . that is already established
along the Hwy 93 corridor in this immediate location. Traffic congestion is a
major issue along this cor'dor, however, with he recent reconstruction of US
3 and the installation of a traffic signal at Cemetery Road, traffic concerns rns are
greatly mitigated.
7. Will the requested zone avoid undue concentration of people?
Designating these properties for commercial, development wiH have ' ' al
impact as this property is already developed as a Commercial ercial - 2 typical use.
The property over time Will rely be developed more intensely with. City utilities
and services than would otherwise be allowed in the County. ty. However with the
presence of development standards associated with the B-2 zone and the
associated presence of City services it is unhkely that it would result in the
undue concentration of people.
. Will the r- u. sted one facilitate the ads ate ro ision of transportation.,.
water, sewerage, schools arks and other -Public requirements?
Annexation and. the -2 zoning wiR allow city grater and serer to be extended
to the site in are orderly fashion. The site is already sera by the recently
updated d S Hwy 93 corridor improvements. Commercial property does not
generally place demands on schools and parks, conversely they will increase
the tax base and leverage a greater level of service throu gh u.t the community.
9. Does the requested zone ie consideration to the particular suitability of the
•
ro orarticular uses
The proposed zoning is genera y consistent with the zom'ng in the surrounding
area to the north. The property is already commercia .y developed and
complies with the proposed -2 zoning.
10, Does the requested zones 'ire reasonable consideration to the character of the
district?
The general character of the area is a. mix of industrial and cow ercial uses
adjacent to US Hwy 93, At the immediate intersection of Four Connors, a.
commercial .rode is developing in compliance with the Growth Policy
designation..
1. Will the Rro os d zone conserve the value of buildings?
Value of the buildings in the area Will be conserved because they are consistent
with the uses allowed under the zorfing and compatible with other uses in the
immediate rate area.
Page
2. WiH the re a sted tore e c ura e the most ro ri to use of the land
throu t the i urisdictior
This property is within the utility service area of Kalispell and is immediately
adjacent to City serer and water services. It is presently developed as
c n ernence store on the edge of the city and its use complies with the o rera .
Groff Development Policy. The - 2 zoning would provide and encourage the
most appropriate use of land M this portion of the jurisdiction.
RECOAMENATIN
It is recommended that the Kalispell City Planning Board and Zoning Corrnmssion
adopt staff report #KA-05-21 as Endings of fact and. recommend that the initial ring
for this property upon annexation be -2 General Commercial.
Page
D ECIEO'VE
City of KalispelA I)EC 0 5 zoos
Planning Department
KRLISPELI. PLANNING DEPARTMENT
17-2ndStreet East, Suite 211, KaEspell, Montana 59901
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: �
OWNER(S) OF RECORD. -
Name: 0 Llw_c
Mailing Address:
City/ State/ Zip: Ad .51 i.Q I...Ag 04!�� Phone: �ko
PERSON(S) AUTHORIZED TO REPRESENT THE OWNERS AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name:�� V\.
Mailing i Address,_ LO n n.
fS I I ��_e )M -T—,459%10
ea.c __QP
LEGAL DESCRIPTION OF PROPERTY (Refer to Prrspertv Records):
Street ) Sec. Town- RangeAddress:�1 � 0�-! t.1 � � 3 Sau f N No. 2�9 ship No.��,.id!
Subdivision
Name:__
Tract Lot Block
No{s). No(s). No.
.. Zoning District and Zoning Classification in whichuse is ro os d*
Z_o 1". n
4 9- r 0aj .11-jr:t I C'
2. Attach a plan of the affected lot which identifies the following items:
a.. Surrounding la .d uses,
. Dimensions and shape of .dot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
. Size(s) and location(s) of proposed buildings.
f. Existing use(s) or stmctures and open areas.
Proposed use(s) of str-uctures and open areas.
. Existing and proposed landscaping and fencing.
3. On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
.
. Access to and circulation within the property.
C. Off-street parking and loading.
.. Refuse and service areas.
eF Utilities.
f. Screening and. buffering.
Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses,
. Hours and manner of operation.
. Nolse, light, dust, odors, fumes and vibration.
.
. Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
r hereby certify under penalty of peijury and the laws of the Mate of Montana that the
information submitted herei , on all other submitted forms, documents, ents, ar s 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 on or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may he rescinded, and other- appropriate action taken. The
signing of this application signifies approval for the Kaffis ell Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
Applicant Signature Date
2
Conditional Use Permit Application for:
Montana Commerce LLC
2910 Hwy 93 South
Kalispell, MT 5990
,applicant's address, business and phone number asfollows:
600 South Main, Butte, M
Mailing address. P.O. Box 6000, Butte, MT 59702.,6000
Phone:497-6700
Representative. Bryan Angove, Construction Manager an
Thomas E Ric ardsor, General counsel
406
2.
a. Traffic flow and con roL
Traffic control is consistent with typical design standards.
R Access to and circu a o within the property.
Access is obtained from two existing driveway approaches; one off o
Highway 93 South and the other off of Cemetery Road circulation within
the site is achieved by two way traffic flowing throughout the entire site.
Both points of access are required to maintain safe site circulation*
C. off-street parking and loading.
23 parking spaces in addition to at the fuel islands.
d. Refuse and service areas,
Existing, no charges
e. Utilities.
The existing septic system will a removed and a new connection o the
City serer main would be installed. Baer will be ,provided by an existing
on site water well.
Screening and buffering.
Due to the location and surrounding properties n
screening and buffering will be needed.
1 signs, yards and ether open spaces,,
Signs will be designed to meet the Ci y's code. Yards and open spaces are
not requior'ed on this project due to its size* see site plan for existing sign
locatiom
h, Height, bulk and location of structures.
See site plan and elevation plan for location of existing improvements in
addition to location and elevation for building addition,,
Hours and manner of oera l nff
The existing gas and convenience store Is open 24 hours a day. The
hours of operation for the addition are 8:00 a.m. to 2:00 a,m. and the site
will operate quietly.
Noise, light, dust, odors, fumes and vibration.
The new addition will not charge the amount noise, light, dust, odors,
fumes and vibration rrently at the site.
CofdftAMW Uw PWwft A,OWic-W M DO 0
Flathead
May 2, 2005
County Planning & Zoning Office
723 - 51h Avenue East, Room 414
Kalispell, Montana 59901
Phaiic: (406) 7�8-5965
Fax: (406) 758-5964
Bryn Ancv
Town Pump Inc & Affiliates.
600 South Main Street
Butte MT 59701
Re: Conditional Use Permit FCIJ-03-07.
Dear M. n;
This letter is in response to your request of satisfaction of your CTJP With regards to
your continued effort on the project
After review of CUP #FCU 03-07P its extension, and the accompaniment of design
matenals for the expansion of Town pump Kalispell # ; 1 accept -th -the info=ation
submitted has demonstrated -find f' in good faith m commencing the above
named activity.'Your permit vil remain valid. See Section 2. , 23. of the
Flathead Count Zoning Regulations (attached),
If you have any questions concerning this matter, please do not hesitate to contact m.
erg y x
t-
jf �-
John' orrison
Interim Zoning Administrator
.; CZ\CUP--XT\FCU 03-07 continuous effort
51-It PL)!�Q
5AA 5AB
SG-
5J 5MBA 5
5MC SM Ou Ty
............
5BAA g 5131
5BAB BC
5LA 5KD
9
� 5L� SK
� n5C
U 5KA
a In
BD 160
� C
1F 1
Subject ertycf)
� UNTY
5U2l �;HCOUNTY
11 H
1�1 H 5D
1B
...............
...........
VICINITY MAP SCALE 1" = 250'
MONTANA COMMERCE, LLC
CONDITIONAL USE PERMIT TO ALLOW A TAVERN/CASINO
IN THE B-2 GENERAL BUSINESS DISTRICT
FILED CONCURRENTLY WITH INITIAL ZONING UPON
ANNEXATION
rtuT naTs 1a/e/05
FILE# KCU-05-11 N:\g.a\s,te\kcu05_I1.awg