5. Glacier Tennis Club - Conditional Use PermitAGENDA ITEM 5 - GLACIER TENNIS CLUB -CONDITIONAL USE PERMIT
BACKGROUND/CONSIDERATION: You have all reviewed the report and
recommendation from the City/County Planning Board and Zoning
Commission. That recommendation was to allow the Conditional Use
Permit subject to 13 conditions of approval. As discussed at the
Work Session, it was generally felt by the Council that the joint
use for parking was acceptable with certain changes in the
conditions. The modification requested by Council members
included:
A. Renewal of Condition #9
B. Modification of Condition #10 by removing the "such as
brick veneer".
C. Remove Condition #11 - or modify to allow roof top
mechanical devices to be placed only on the north slope
of the roof.
D. Council should also order that the curbing be installed
along the north side of Sunnyview.
These modifications can be incorporated within the use permit.
Additional considerations that were not discussed at the Work
Session include previous development conditions that have not been
addressed or may be modified due to possible approval of the
present requested improvements.
I have enclosed a copy with these items that may be considerations
(circled) for your review. These were accepted by the owners prior
to the first phase of the Summit area projects. These items are:
3. Off street parking fulfilling our zoning ordinance
requirements - there has been no parking agreements submitted to
the City Attorney for consideration to fulfill previous
requirements. By submitting new requests to reduce the "text"
requirement for parking and by "waiving" the current requirements,
the spirit of this condition seems to have been violated.
6. . Specifically states that an additional building will
require separate use permits. Therefore, we should not be "tying"
together the parking requirements - especially when it results in
a 90 space deficit.
7. An additional requirement for parking alteration - one can
certainly see the parking concerns of the Staff, Planning
discussion, and Council in 1994.
10. The developer shall dedicate the east ten feet along
Windward Way. This has not yet been dedicated.
12. Street trees and municipal sidewalks have not been
constructed along the east portion of Sunnyview Lane at this date.
13. Since the tennis complex was not a portion of the
original drainage plans, a new drainage plan must be submitted for
approval prior to any building permitting action.
14. Some of the areas required to be landscaped are not in at
this date. • ,
RECOMMENDATION: Although I understand the need for and benefits
from this project, I have a serious concern that by granting the
Conditional Use Permit with a 90 space deficit, we may be creating
and/or expanding an existing parking/traffic problem. However, a
bigger concern is the general philosophy and message that we may be
sending. The potential that a developer can "waive" City
ordinances by such a large degree implies that:
1. The ordinance is too stringent.
2. The requirements are'not needed.
3. The Staff is too strict in the enforcement/interpretation
of the ordinance.
The Planning and Public Works Staff have all reviewed the area and
the potential problems that are evident with this proposed project.
I concur with the Planning Staff and Public Works Staff that the
parking requirements are critical. I also concur that a deficit of
90 spaces is too much to consider. I recommend against the
approval of the Conditional Use Permit as proposed at this time.
ACTION REQUIRED: Approval of the Conditional Use Permit can be
completed by a Council MOTION.
L-)Ll:'T�vii i .
1. Development of the site shall be in substantial
conformance with the submitted site plan and conditions
of approval.
2. A final Site plan indicating the necessary modifications
be submitted to the Site Plan Review Committee for their
approval.
3. The developer shall provide off-street parking per
Kalispell Zoning Ordinance requirements. Cross access
and parking agreements shall be approved by the City
Attorney prior to issuance of a building permit.
4. The proposed parkinq lots and access areas shall be
designed in accordance with Chapter 27.26 of the
Kalispell City Zoning Ordinance and modified to allow for
one common access at the property lines.
5. The Southern driveway onto Windward way be relocated away
from the street intersection or eliminated.
This approval shall only address the new building,
containing 85,000 square feet with a 66,000 square foot
footprint. The reference to future areas on the site
plan is intended for illustrative purposes only. The
granting of this conditional use in no way condones or
guarantees any future approvals. The applicant will be
required to submit a separate use permit application
should they desire to proceed with construction of
additional recreation facilities.
7. If the existing Second Wind facility is to be left intact
on the property., prior to initial occupancy of the new
facility, the project shall be returned to the Site Plan
Review Committee to determine compliance with parking
requirements and other City standards.
8. All proposed signs on the site shall comply with the
Kalispell Zoning Ordinance.
9. The developer shall dedicate 60 feet of right-of-way
along the Northern side of their property tapering to the
North so as to provide for the extension of Meridian Road
East of U.S. Highway #93.
10. The developer shall dedicate the East 10 feet, along
Windward Way as indicated on the site plan.
2
11. Applicant shall agree in writing, prior to issuance of a
building permit, to contribute their fair share in the
construction of an extension of a street connecting
Meridian Road with Windward Way. At the time the new
street is constructed, it shall become the primary access
point for the proposed site.
12. Street trees be installed and a municipal sidewalk be
constructed along that portion of Sunnyview Lane,
Windward Way, and Meridian Road that abuts this entire
tract of land from U.S. Highway #93.
13. A storm water drainage plan prepared by a licensed
architect or engineer shall be submitted to, and approved
by, the City Public Works Department that adequately
addresses on -site storm water detention and disposal.
14. The Westerly ends of the proposed parking lots be
landscaped.
15. Development of the site will be in substantial
conformance with the approved site plan. The approved
site plan shall govern the general location of the
building, parking, landscaping and roadways. The
applicant shall submit a final site plan to the Site Plan
Review Committee for their approval that incorporates all
the conditions specified in this conditional use permit
and the Kalispell Zoning Ordinance prior to receiving a
building permit.
SECTION II.
The conditional use permit, herein granted, shall terminate 18
months from date of issuance if commencement of the authorized
activity has not begun.
Dated this day of , 1994.
Douglas D. Rauthe, Mayor
3
City of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
APPLICANT:
ADDRESS:
LEGAL DESCRIPTION:
OWNER:
GRANT OF CONDITIONAL USE
Drew Smith
124 River View Drive
Kalispell, MT 59901
The Resubdivision of Simmons
and 2, located in Section
North, Range 21 West, P.M.M.,
Montana
Glacier Tennis Club, Inc.
124 River View Drive
Kalispell, MT 59901
ZONE: Health Care, H-1
Addition, Lots 1
6, Township 28
Flathead County,
Drew Smith, on behalf of Glacier Tennis Club, Inc., applied to
the City of Kalispell for a conditional use permit to allow the
construction of a four court indoor tennis facility on the property
described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on August 13, 1996 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to twelve
conditions.
After reviewing the application, the record, the FRDO report,
and after duly considering the matter, the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Flathead Regional Development Office, Conditional Use Report
#KCU-96-06 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit to
allow the construction of a four court tennis facility subject to
the following conditions:
SECTION I.
1. That the development of the site will be in substantial
conformance with the approved site plan. The approved
site plan shall govern the general location of the
building, landscaping, and roadways, and shall meet all
of the development standards for the H-1 zoning district,
specifically relating to the 35 foot height limit.
2. That a parking layout showing a total of 353 parking
spaces be provided, indicating which off -site parking
spaces will be utilized by the patrons of the Summit and
the tennis club. And, that this information will be
provided to members of the Summit, tennis club and their
employees. This plan shall be subject to approval by the
zoning administrator.
3. That employee parking shall be provided in a joint use,
off -site parking lot(s) designated for that purpose.
4. An easement agreement for joint use parking shall be
reviewed and approved by the zoning administrator and the
city attorney and shall be recorded at the County Clerk
and Recorder's Office.
5. Placement and location of the solid waste receptacles for
pick-up shall be coordinated with the City Public Works
Department.
6. A storm water drainage plan which adequately contains
storm water runoff and detention shall be approved by the
Kalispell Public Works Department.
7. Landscaping in the form of a mix of coniferous and
deciduous trees and shrubs, grass and other natural
materials shall be provided along the perimeter of the
property in coordination with the landscaping plan of the
Summit.
8. That all other conditions and provisions outlined in the
conditional use permit for the Summit shall be met, and
that the conditions attached to this permit are
additional.
9. That the building should be constructed with an exterior
finish similar to that of the Summit Complex and there
shall be adequate landscaping along Windward Way and
Sunnyview Drive.
10. The south roof shall be void of all mechanical devices.
11. All of the conditions of this conditional use permit
shall be met prior to the issuance of a certificate of
occupancy by the Kalispell Building Department.
SECTION II.
The conditional use permit, herein granted, shall terminate 18
months from the date of issuance if commencement of the
authorized activity has not begun.
K
Dated this day of , 1996.
Douglas D. Rauthe, Mayor
STATE OF MONTANA }
: ss
County of Flathead )
On this day of , 1996, before me, a
Notary Pubic, personally appeared Douglas D. Rauthe, 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 he
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
3
Flathead Regional Development Office
Room
Kalispell, Montana 59901
August 20, 1996
City of 1.-
Drawer • 1
Kalispell, •/0
Re: Glacier Tennis Club's Request for a Conditional Use Permit
to Allow a Four Court Tennis Facility
Phone: (406) '58-5780
Fax: (406) 758-5781
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their
regular meeting of August 13, 1996 at 5:30 PM in Kalispell City Council Chambers on the fallowing
agenda item:
A request by the Glacier Tennis Club for a conditional use permit to allow the
construction of a four court indoor tennis facility which would be approximately 122
feet by 226 feet in size and contains approximately 27,572 square feet. The proposed
facility would be on the same property as Northwest Healthcare's athletic facility
known as "The Summit." The proposed tennis facility would be on property located at
205 Sunnyview Lane which is on the northwest corner of Sunnyview Lane and
Windward Way in Kalispell. This property can be described as The Resubdivision of
Simmons Addition, Lots 1 and 2, located in Section 6, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
A staff report was presented by Narda Wilson of the Flathead Regional Development Office who
evaluated the proposal based on the conditional use permit criteria outlined in the Kalispell Zoning
Ordinance. She noted some corrections to the math on the parking requirements. Of the required 353
parking spaces, the applicants are proposing to provide 246 parking spaces on -site and 107 parking
spaces off -site under a joint -use parking agreement with the surrounding property owners.
According to the FRDO staff report and initial findings, the proposal was not able to meet the joint use
parking criteria because joint use parking is intended to be used under certain circumstances where a
primarily "night time" use shares parking with a primarily "daytime" use and in circumstances where the
hours of operation do not substantially conflict. Additionally, the parking facilities proposed for joint
use were more than 300 feet from the building or use which they will serve. Traffic circulation and
conflicts as well as parking problems along the streets were concerns from the police and fire
departments. Staff recommended denial of the proposal based on these findings.
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
Clarence K.repps, City Manager ..
Re: Glacier Tennis Club"s Request
August 20,1996
Page 2
At the public hearing, several people from the Flathead Valley Tennis Association and the Glacier
Tennis Club, Inc. spoke in favor of the proposal. These proponents told the Board about their six year
effort to construct an indoor tennis facility which would be able to serve a need within the community.
They proposed that the parking needs for the Summit and tennis facility could be met by using parking
in the area which appears to be in excess of what the offices require. The director of The Summit
proposed that employees could park off -site to make more parking available for patrons of the Summit
or tennis facility. They also stated that the peak hours of use of the facilities would be after five
o'clock, when most of the surrounding parking lots are empty. They asked the Board to recommend
approval of the tennis facility for this site. They believe this site is their last option because other
options had not worked out.
One person spoke in opposition, stating the same parking requirements should be required of big
operations, as are required of small business owners. He contender) that the facility will be utilized
during daytime hours, as well as night time hours, because a good tennis pro at a facility like this, will
strife to keep the courts busy.
The Board deliberated on the proposal., and the public testimony. President Hash noted that potential ,
problems associated with the traffic and circulation would be improved as upgrades to Windward Way
are made and with the extension of North Meridian Road. She believed that there would be adequate
parking available off -site to accommodate all uses in the area.
Board member Carlson expressed concern about the traffic conflicts in the area and that the project did
not have the required parking. Additionally, the off -site parking proposed was not within 300 feet of
the building.
The Planning Board discussed the findings of fact and made new findings. The Planning Board
adopted the amended findings of fact and voted 7 to I to recommend to the City Council that the
conditional use permit be granted subject to the recommended 13 conditions of approval. Those
findings are found in Attachment A, "Amended Findings of Fact" and the recommended conditions of
approval are found in Attachment B.
This recommendation is forwarded to City Council for the September 16, 1996 work session and
subsequent September 23, 1996 regular City Council meeting for final action on the conditional use
permit.
Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you
have any questions.
Ckmrtce Krepps, City Manager
Re: Glacier Tennis Club's Request
August 20,1
Page 3
U. 'A.
I U =tl A f4,
w
Fvff�a�
Attaclunerd B
FRDO Report #KCU-96-06 and packet
Draft minutes from the 8/13196 Planning Board mee&�-,
Utters: Bill Cooper, Superintendent (no date)
Flehead Valley Tennis Amociation (6/21196)
Petition (85 signatures)
=6-4F
ATTACHMENT A
AMENDED FINDINGS OF FACT FOR
GLACIER TENNIS CLUB, INC., CONDITIONAL USE PERMIT
1. The deficit of 107 parking spaces appears to be able to be met by providing joint use cross
easement agreements for parking off -site on nearby properties.
2. It appears that the applicants can meet the requirements for joint use parking because it can be
demonstrated that there is a situation which would allow the night time use of day time parking
and because the applicants have demonstrated that the peak use of the Summit and tennis
facility occurs at a time which does not conflict with the peak use of off -site parking.
3. There are no environmental constraints associated with the property which would pose
problems for development.
4. Adequate public services and facilities are available to serve the proposed facility.
5. It does not appear that the proposed facility would have a significant negative impact on the
neighborhood or its property values.
1
RECOMMENDED CONDITIONS OF APPROVAL FOR
GLACIER TENNIS CLUB, INC. CONDITIONAL USE PERMIT
The Kalispell City -County Planning Board and Zoning Commission recommends that the City Council
approve the conditional use permit to allow the construction of a four court tennis facility subject to the
following conditions:
1. That the development of the site will be in substantial conformance with the approved site plan.
The approved site plan shall govern the general location of the building, landscaping, and
roadways; and shall meet all of the development standards for the H-1 zoning district, specifically
relating to the 35 foot height limit.
2. That a parking layout showing a total of 3 53 parking spaces be provided, indicating which off -site
parking spaces will be utilized by the patrons of the Summit and the tennis club. And, that this
information will be provided to members of the Summit, tennis club and their employees. This plan
shall be subject to approval by the zoning administrator.
That employee parking shall be provided in a joint use, off -site parking lot(s) designated for
that purpose.
4. An easement agreement for joint use parking shall be reviewed and approved by the zoning
administrator and the city attorney and shall be recorded at the County Clerk and Recorder's
Office.
5. Placement and location of the solid waste receptacles for pick-up shall be coordinated with the
City Public Works Department.
6. A stone water drainage plan which adequately contains storm water runoff and detention shall
be approved by the Kalispell Public Works Department.
7. Landscaping in the form of a mix of coniferous and deciduous trees and shrubs, grass and other
natural materials shall be provided along the perimeter of the property in coordination with the
landscaping plan of the Summit.
8. That all other conditions and provision outlined in the conditional use permit for the Summit
shall be met, and that the conditions attached to this permit are additional.
9. That pedestrian access in the form a lighted crosswalk(s) shall be provided between the off-
street parking facility(s) and the subject property.
K
10. That the budding should be constructed in such a manner that will be compatible with buildings
in the ana by providing werior treatment of the Wading such as a brick vertm and adequate
landscaping along 'Armdward Way and Sunnyview Drive,
11. That the roof shall be void of all mechanical devices,
12. l 1.: the conditions of .conditional permit shall t`. met
prior
r to
the v : M:. of
eri►t i " ofoccupancyby
the Kalispell Budding Departnx-mt.
13. The conditional use permit ' _l terminate months from date of Yuance if corrunencerrmt
of the wthorized activity has not bepm