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08. Glacier Tennis Club - Conditional Use PermitAGENDA ITEM 8 - GLACIER TENNIS CLUB -CONDITIONAL USE PERMIT BACKGROUND/CONSIDERATION: This item has been discussed at the last two meetings. Based upon the discussions, issues, suggestions in those meetings, we have compiled the new grant of conditional use for the Northwest Health Care Corporation with the Tennis Club as the lessee.' I have enclosed a copy of the updated conditional use. I have also enclosed copies of the easements that will need to be executed for the joint parking arrangements. It is my understanding, through discussions with the City Attorney, the Healthcare Corporation is willing to provide the parking through the joint agreement but only for 91 spaces. They are 107 spaces short of the requirements. The indication is that the other 16 spaces would be the full responsibility of the Tennis Club to provide. However, there is no place to provide them from unless they go to the Medical Arts for an additional joint use Agreement. The Medical Arts is an extremely busy parking lot. This raises the same concerns with the ability to provide sufficient parking as we have been trying to address them this entire process. RECOMMENDATION: Due to the City ordinance requirements, the concern of the use of the "future growth" parking spaces within the Summit, Pathways, and Two Medicine Lots, I still fear an approval of this parking arrangement will create future shortages. The current parking needs may be satisfied. The additional factor (given to us on Thursday) that the extra 16 spaces would-be the Tennis Club's responsibility compounds the issue. A. If your interest is to fulfill the requirements of the parking ordinance as specifically written, I recommend disapproval of the request. B. If your intent is to make the project to fit the area and the intent of the ordinance, I recommend approval of the request. C. If your intent is to allow the project to move ahead without a major parking problem in the future, I do not recommend the project move ahead with or without a joint agreement. Future parking problems may only be avoided by requiring the full compliment of parking spaces without a joint use agreement. We will be reviewing the parking ordinance requirements in the future, but this does not assist us for this decision. ACTION REQUIRED: A MOTION approving the Conditional Use Permit as presented in this packet. The MOTION should also approve the joint parking easements forms. Direction to the City Manager to sign the agreements should also be included within the motion. The 16 additional parking spaces should be included within the proposed joint use agreements. This would not allow the parking at the Medical Arts but would require 16 more spaces for the Healthcare Corporation. =setae rszs P. 02 DAVID L, ASTLE WELUAM E. AME Mr. Glen Neier Kalispell City Attorney Kalispell City Hall Kalispell, MT 59901 ASTLE AND ASTLE A-TORNEYS AND WIUNSELORS AT LAW TM MAIM STAFET KALISPFLL, MONTANA 59901 October 3, 1996 P)-ONE V00 752.7303 FAX 2574MA Re: Glacier Tennis ClublConditional Use Permit Dear Glen: Pursuant to our telephone conversation regarding the above matter, please be advised that I represent Northwest Healthcare Corporation. As was discussed with you, Northwest Healthcare is leasing the land to a Limited Liability Company (L.L.C.) to be formed by the Glacier Tennis Club, (Tennis Club L.L.C.) which will be the recipient of the conditional use permit. The tennis facility will be owned and operated by the Tennis Club L.L.C. under a lease agreement with Northwest Healthcare for the land, Although the Tennis Club L.L.C. has not been formed and the lease not formalized, it is entirely appropriate for the City to require the consent of Northwest Healthcare to the issuance of a conditional use permit to Tennis Club L.L.C. on property owned by Northwest Healthcare. Insofar as the parking requirement of the tennis facility conditional use permit, it is requested that this parking requirement be kept separate and apart from the parking requirement under the conditional use permit issued Northwest Healthcare for The Summit Health and Fitness Center. Thanking you in advance for your attention to these matters, I remain By: WEA/sip Very truly yours, USTLE ASTLE City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 APPLICANT: ADDRESS: LEGAL DESCRIPTION: OWNER: Lessee (PROPOSED) 061► 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 Northwest Healthcare 310 Sunnyview Lane Kalispell, MT 59901 Glacier Tennis Club 124 River View Drive Kalispell, MT 59901 Health Care, H-1 Addition, Lots 1 6, Township 28 Flathead County, Corporation 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 1 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 and overflow parking shall be provided in a joint use, off -site parking lot(s), designated for that purpose. Glacier Tennis Club or their successors in interest shall provide 16 off -site parking spaces within 300 feet of the tennis facility. 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. Glacier Tennis Club or its successors in interest shall enter into a land lease agreement with Northwest Health Care, wherein the tennis facility will be owned and N operated by the Glacier Tennis Club or its successor on land owned by Northwest Health Care. 12. All of the conditions of this conditional use permit shall be met prior to the issuance of a building permit 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. 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 PARKING EASEMENT THIS AGREEMENT, made and entered into this day of October, 1996, by and between Northwest Healthcare Corporation of 310 Sunnv View Lane, Kalispell, MT,� hereinafter NORTHWEST, and Weber -Barth Building Partnership -- Higgs-Oehrtman Building Partnership of 210 Sunnyview Lane, Kalispell, MT, hereinafter PARTNERSHIP, and the City of Kalispell, hereinafter CITY; W I T N E S S E T H: WHEREAS, NORTHWEST has an interest in certain real property, described in Exhibit "A" attached hereto, and WHEREAS, by a certain Grant of Conditional Use dated September 6, 1994 the CITY required NORTHWEST to provide off-street parking for an athletic club located upon said property in accordance with the Kalispell Zoning Ordinance, and WHEREAS, NORTHWEST has made an application to construct a indoor tennis facility which would displace parking spaces dedicated for the athletic club as well as require an additional 16 under the Kalispell Zoning Ordinance; and WHEREAS, Section 27.26.040, Kalispell Zoning Ordinance allows for the joint use of parking facilities subject to the approval of the zoning administrator, and WHEREAS, PARTNERHIP own real property described in Exhibit "B" attached hereto, which is within 300 feet of NORTHWEST'S property, with room for, and space reasonably usable for the parking of vehicles, and WHEREAS, PARTNERSHIP is willing to grant to NORTHWEST an easement for the parking of vehicles. NOW, THEREFORE, it is agreed between the parties as follows: 1) CITY in consideration of this Parking Easement herein granted authorizes joint use of parking facilities by NORTHWEST and PARTNERSHIP. 2) PARTNERSHIP by this agreement, for and in consideration of the sum of one dollar and other valuable consideration ($1.00 & o.v.c.), the receipt and sufficiency of which is hereby acknowledged, does hereby give, grant and convey unto NORTHWEST an easement over, and right to utilize sixty (60) parking spaces upon the real property owned by PARTNERSHIP and described in Exhibit "B", together with the right of ingress and egress across said property adjoining this easement for the purpose of access. This easement shall be perpetual and permanent and shall not be assigned or revoked without the unanimous written consent of the record owners of the subject property and the CITY. The sixty (60) parking spaces subject to this easement shall not be utilized for shared or joint use parking by any entity other than NORTHWEST. All rights, title and privileges herein granted, including all benefits and duties, shall run with the land and shall be binding upon and inure to the benefit of the respective parties, their heirs, successors and assigns. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. WEBER-BARTH BUILDING PARTNERSHIP by: General Partner by: General Partner HIGGS-OEHRTMAN BUILDING PARTNERSHIP by: General Partner by: General Partner NORTHWEST HEALTHCARE CORPORATION, a Montana corporation by: Its• Attest: Its: CITY OF KALISPELL, a municipal corporation by: Its: Attest: Clerk of Council STATE OF MONTANA ) :ss County of Flathead } On this day of , 1996, before me, a Notary Public in and for the State of Montana, personally appeared Steven W. Weber, known to me to be a general partner of the Weber - Barth Building Partnership, the partnership that executed the within instrument, and acknowledged to me that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public, State of Montana Residing at: My Commission Expires: STATE OF MONTANA ) :ss County of Flathead ) On this day of , 1996, before me, a Notary Public in and for the State of Montana, personally appeared Roger A. Barth, known to me to be a general partner of the Weber - Barth Building Partnership, the partnership that executed the within instrument, and acknowledged to me that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public, State of Montana Residing at: My Commission Expires: STATE OF MONTANA ) :ss County of Flathead ) On this day of , 1996, before me, a Notary Public in and for the State of Montana, personally appeared Wilson A. Higgs, known to me to be a general partner of the Higgs- Oehrtman Building Partnership, the partnership that executed the within instrument, and acknowledged to me that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public, State of Montana Residing at• My Commission Expires: STATE OF MONTANA ) :ss County of Flathead ) On this day of , 1996, before me, a Notary Public in and for the State of Montana, personally appeared Karl M. Oehrtman, known to me to be a general partner of the Higgs- Oehrtman Building Partnership, the partnership that executed the within instrument, and acknowledged to me that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public, State of Montana Residing at• My Commission Expires: STATE OF MONTANA ) : ss County of Flathead ) On this day of , 1996, before me, a Notary Public in and for the State of Montana, personally appeared and , known to me to be the and , of Northwest Healthcare Corporation, the corporation that executed the within instrument, and acknowledged that such and 11 subscribed, sealed and delivered said instrument as the free and voluntary act of said corporation for the uses and purposes therein set forth, and that they were duly authorized to execute the same on behalf of said corporation. 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 STATE OF MONTANA ) : ss County of Flathead } On this day of , 1996, before me, a Notary Public in and for the State of Montana, personally appeared Clarence Krepps, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission expires Flathead Regional Develo Room Kalispell, Montana 59901 Phone: (406) 758-5780 Fax: (406) 758-5781 Clarence Krepps, City Manager City of Kalispell P.O. Drawer 1997 KalispelL MT 59903 Re: Glacier Tennis Club's Request for a Conditional Use Permit to Allow a Four Court Tennis Facility 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 following agenda item: A request by the Glacier Tennis Club for a conditional use permit to allow the constriction 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 stag 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 staffreport 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 Kre-pps, City Manager Re: Glacier Tennis Cub'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 contended 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. Boardmember 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 fed 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 sesgon and subsequent September 23, 1996 regular City Council meeting for final action on the conditional use permit. Pleasecontact this Comrnission or Narda Wilson at the Flathead Regional Development Office if you have any questions. Clarexwe Krepps, City Manager Re- Gbicier Tennis Oub's Request August 20,1996 Page 3 Re submitted, FELL CIW-COLWff PLANNING BOARD AND ZONING CONEWSSION Therese Fox Hash President TFIVNV/eo Attachrnent B FRDO Report 4RCU-96-06 and packet Draft minutes from the 8/13/96 Planning Board meeting Letters: BiD Cooper, Superintendent (no date) Flathead Valley Tennis Association (6/21196) Petition (85 signatures) .w/Att. A & B: Drew Smith, 124 River View Drive, KalispdL MT 59901 Diana Roche, KalispeH Zoning Administrator ATTACIVvIENT A AMENDED FINDINGS OF FACT FOR GLACIER TENNIS CLUB, INC., CONDITIONAL USE PERMIT The deficit of 107 parking spaces appears to be able to be met by providing joint use cross easement agreements for parldng 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. 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. S. 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 budding, 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. 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 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 fdality(s) and the subject property. 0 11. That the roof shall be void of all mechanical devices. 12. :. • -the conditions ofthis conditional-epermitshall be met prior ,the issL�y of . catificate of oca4wKy by the Kalispell Building Department. 13. The conditional use permit sIA taui=e 18 months from date of imiance if commeacement of the &Abodzed admty has not begLm