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12. Glacier Tennis Club - Conditional Use Permit DiscussionAgenda -July 7, 1997 AGENDA ITEM 12 - GLACIER TENNIS CLUB - DISCUSSION OF CONDITIONAL USE PERMIT BACKGROUND/CONSIDERATION: I have enclosed a copy of prints for the proposed tennis court facility. I have also enclosed a copy of our conditional use permit as you approved it. The prints, as prepared, do not meet the conditions that you had specified for the permit. I believe you should review the permit conditions. RECOMMENDATION: The conditional use permit conditions are not fulfilled with the proposed facility. I recommend the staff 's disapproval of the building permit until the facility meets the conditions unless you change the conditions. ACTION REQUIRED: Direction to staff is needed. We will not approve the permit for the proposed structure as presently presented. If you desire changes, a conditional use change process should be followed. City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Drew Smith ADDRESS: 124 River View Drive Kalispell, MT 59901 LEGAL DESCRIPTION: 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 OWNER: Northwest Healthcare Corporation 310 Sunnyview Lane Kalispell, MT 59901 Lessee (PROPOSED) Glacier Tennis Club 124 River View Drive Kalispell, MT 59901 ZONE: Health Care, H-1 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 J:\wp\cup_g1a 1 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: 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 and overflow 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. S. 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. J:\WP\CUP-g1a 2 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 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. 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 -7-(-K day of OC" ee- , 1996. For "J, MIAMI ;R10'"1174 _ STATE OF MONTANA ) : ss County of Flathead ) On this day of (}dO%2Y , 1996, before me, a Notary Pubic, personally appeared Douglas D. Rauthe, Mayor of the City Qf„Kalispell, known to me to be the person whose name is J:\wP\cup.gla 3 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. 0-4� �V . (Ad It On c Notary Public, t to of Montana Residing at Kalispell, Montana My Commission Expires l/-/- j s \--p\cup . gla 4