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