Staff Report/Town Pump Annexation, Zoning and CUPPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
SUBJECT: Eureka Town Pump Inc. Annexation and Initial Zoning of B-2 (General
Business)
MEETING DATE: April 6, 2015
BACKGROUND: Eureka Town Pump, Inc is requesting permission to convert the existing
buildings, at 859 West Reserve Drive, into a convenience store and casino. The request requires
annexation of the subject property into the City of Kalispell with initial zoning of B-2 (General
Business) upon annexation. The property owner is also requesting city water and sewer services,
which will necessitate the abandonment of the existing on -site water well and septic system.
The project site is located .1 miles east of Highway 93 North on the previous site of the "River
Church". The property can be described as Tract 1 of Certificate of Survey #19815, in the SW4 of
Section 30, Township 29N, Range 21 W, P.M.M., Flathead County, Montana.
A staff report was prepared and evaluates the application in accordance with ;tate and local
regulations. The annexation request and initial city zoning classification were reviewed in accordance
with Section 27.03.010(4) of the Kalispell Zoning Ordinance, and under the provisions of Sections 7-
2-4601 through 7-2-4610, M.C.A., Annexation by Petition. In addition, a cost of services analysis
was prepared that concluded the project will result in $5,986.24 net revenue to the city.
The Kalispell Planning Board held a duly noticed public hearing March 10, 2015, to consider thti
application request. Staff presented staff report KA-15-01, providing details of the proposal and
evaluation. Staff reported that the proposed B-2 zoning was compatible with the surrounding land
uses, and was also consistent with the Kalispell Growth Policy Future Land Use Map, which
designates the area as commercial. Staff recommended that the Planning Board adopt the staff report
as findings of fact, and recommend that the City Council approve the annexation and initial zoning.
During the public hearing, no members of the public spoke in opposition of the annexation. The
applicant indicated they intended to work closely with the Architecture Committee to come up with
adequate design of the buildings. The applicant also addressed questions regarding the stormwater
retention pond. After the public hearing was closed, a motion was made to adopt staff report KA-15-
01 as findings of fact, and recommend to the Kalispell City Council that the property be annexed and
that the initial zoning for this property be B-2, General Business upon annexation. The motion passed
unanimously, on a roll call vote.
RECOMMENDATION: It is recommended that the City Council approve the resolution for the
annexation of the subject property into the city, and approve the first reading of the ordinance for
initial zoning of B -2.
FISCAL EFFECTS: Approval of the request will create net revenue of $5,986.24 to the city.
ALTERNATIVES: Deny the request.
Respectfully submitted,
I I
"
arod Nygren
Senior Planner
Report compiled: March 23, 2015
ATTACHMENTS. Resolution 5708
Minutes of the March 10, 2015, Kalispell Planning Board
Petition to Annex
Cost of Services Analysis
Application Materials
cc: Aimee Brunckhorst. Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5708
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30,
TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
AND MORE PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF
SURVEY #19815 OF RECORD IN THE OFFICE OF CLERK AND RECORDER FOR
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS TOWN PUMP ADDITION NO.
423; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Eureka Town Pump, Inc., the
owners of property located at 859 West Reserve Drive and further described above,
requesting the City of Kalispell annex the territory into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-15-01, dated March 2, 2015; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City B-2, General Business, on approximately 4.14 acres upon
annexation into the City of Kalispell; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property located at 859 West Reserve Drive, Kalispell,
Montana and more particularly described as Tract 1 of Certificate of Survey
919815 in the Southwest quarter of Section 30, Township 29 North, Range
21 West, P.M.M., Flathead County, Montana, be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and shall be
known as Town Pump Addition No. 423.
SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in
the City of Kalispell and shall be entitled to the same privileges and benefits
as are other parts of the City.
SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 6TH DAY OF APRIL, 2015.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ORDINANCE NO. 1755
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30,
TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
AND MORE PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF
SURVEY #19815 OF RECORD IN THE OFFICE OF CLERK AND RECORDER FOR
FLATHEAD COUNTY, MONTANA, CURRENTLY ZONED COUNTY R-1 (SUBURBAN
RESIDENTIAL), TO CITY B-2 (GENERAL BUSINESS) IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Eureka Town Pump, Inc., the owners of the property described above, petitioned the
City of Kalispell that the zoning classification attached to the above described tract of
land, currently zoned County R-1, Suburban Residential, be zoned B-2, General
Business, on approximately 4.14 acres of land; and
WHEREAS, Eureka Town Pump's petition was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KA-15-01, in which the Kalispell Planning
Department evaluated the petition and recommended the property as described above
be zoned B-2, General Business, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 10,
2015, and recommended a zoning designation of City B-2, General Business,
pursuant to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-2, General Business, the City Council finds such zoning to be consistent
with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth
in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc.
590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-15-01.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described as 859 West Reserve Drive as B-2, General Business, on
approximately 4.14 acres of land.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION 3. This Ordinance shall take effect from and after 30 days of passage on
second reading by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF APRIL, 2015.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
TOWN PUMP, INC.
REQUEST FOR INITIAL ZONING OF B-2, UPON ANNEXATION
STAFF REPORT #KA-15-01
REQUEST FOR CONDITIONAL USE PERMIT
STAFF REPORT #KCU-15-01
KALISPELL PLANNING DEPARTMENT
MARCH 2, 2015
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request from Town Pump, Inc. to annex into the city limits with an initial zoning
designation of B-2 upon annexation and a Conditional Use Permit (CUP) for a casino.
The property can be described as Tract 1 of Certificate of Survey # 19815, in the
Southwest Quarter of Section 30, Township 29 North, Range 21 West, P.M.M.,
Flathead County, Montana. A public hearing has been scheduled before the planning
board for March 10, 2015, beginning at 7:00 PM in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the Kalispell City
Council for final action.
BACKGROUND INFORMATION
Eureka Town Pump, Inc. is requesting permission to convert the existing buildings at
859 West Reserve Drive into a convenience store and casino. The site is located .1
miles east of Highway 93 on the previous site of the "River Church". The Planning
Department has received the following applications:
1. Annexation - A request for annexation of the 4.14-acre parcel into the City of
Kalispell with an initial zoning of B-2 (General Business) upon annexation. The
applicant intends to develop the site as a convenience store and casino utilizing
existing structures. In addition, the applicant is constructing a new 4,700 square
foot canopy over fuel islands and expanding the parking facilities. The property
owner is requesting city water and sewer facilities, and will abandon the existing
onsite septic system and well. The property proposed for annexation can be
described as Tract 1 of Certificate of Survey # 19815, in the Southwest Quarter of
Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana.
2. Conditional Use Permit - As stated above, the applicant intends to convert the two
existing structures on the property into a convenience store and casino. Casinos
are permitted provided a Conditional Use Permit is obtained in accordance with
Sections 27.13.030 and 27.34.040 of the Kalispell Zoning Ordinance.
This report evaluates the two applications in accordance with state and local
regulations. The annexation request and initial city zoning classification will be
reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance.
This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-
4610, M.C.A., Annexation by Petition. The CUP will be reviewed in accordance with
Section 27.33.080 of the Kalispell Zoning Ordinance.
1
A. Petitioner / Owner: Eureka Town Pump, Inc.
600 South Main Street
Butte, MT 59702
B. Location and Legal Description of Properties:
The property under consideration is located at 859 West Reserve Drive,
approximately .1 miles east of Highway 93 on the previous site of the "River
Church".
The 4.14-acre parcel can be described as Tract 1 of Certificate of Survey # 19815,
in the Southwest Quarter of Section 30, Township 29 North, Range 21 West,
P.M.,M., Flathead County, Montana.
Figure 1: Vicinity Map
COlJNTY
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VICINITY MAP
8CALE 1-=W
EUREKA TOWN PUMP. INC. - CONVENIENCE STORE 9 CASINO
REQUEST FOR AN14EXAJON AND INITIAL ZONING OF W2 GENERAL
BUSINESS AND A
CONDfiIONAL USE PERMIT TO LOCATE A CONVENIENCE STORE: AND CASINO AT &W WEST
RESERVE DRIVE - DIRECTLY EAST OFTIiE INTERSECTION OF HVVY 83 NORTH AND WEST
RESERVE DRIVE AND THE EISINOER MOTORS COMPLCX.
FILE# KA-15-01 & KCU-15-01 •-+-� --�� -++
C. Existing Land Use and Zoning:
The property is currently within the County zoning jurisdiction and is zoned R-1
(Suburban Residential). The R-1 zoning district is intended to allow for estate -type
development. These areas would normally be located in rural areas away from
PA
concentrated urban development, typically not served by water or sewer services,
or in areas where it is desirable to permit only low -density development (e.g.,
extreme topography, areas adjacent to floodplains, airport runway alignment
extensions) .
The 4.14 acre site is currently being used as the old "River Church" buildings,
which are unoccupied and parking facilities. The remainder of the property is
undeveloped grasslands.
D. Proposed Zoning:
The City of Kalispell zoning proposed for the site is B-2, general business zone.
The Kalispell Zoning Regulations state that the B-2 Zone is intended to "provide
for a variety of sales and service establishments to serve both residents of the
area and the traveling public. The district depends on the proximity to major
streets and arterials and should be located in business corridors or in islands.
This zoning district would typically be found in areas designated as commercial
and urban mixed use on the Kalispell Growth Policy Future Land Use Map".
Figure 2: Zoning/Land Use Designation
Zoning and Growth Policy Future Land Use
3
E. Size: The subject property is 4.14 acres.
F. Adjacent Land Uses and Zoning:
North: Eisinger auto dealership, Stillwater River, City B-2 and B-2/PUD
zoning.
East: Vacant land/ Stillwater River, County R-1 zoning.
West: Eisinger auto dealership, City B-2 Zoning.
South: Home Depot, City B-2/PUD zoning.
G. General Land Use Character:
The area of the proposed development site can be described as a mix of uses
consisting of the River Church building and parking facilities, undeveloped
grasslands, Stillwater River, auto dealership and commercial development. The
River Church building is located on the middle portion of the 4.14 acre building
site with access being taken from West Reserve Drive to the south. The active
commercial land uses in the area consist of an auto dealership to the west and
north and Home Depot to the south. Vacant undeveloped grasslands and the
Stillwater River are to the east.
H. Utilities and Public Services:
City water and sewer mains both terminate within the vicinity of the property to
the south and west. Both utilities will need to be extended to the property.
When annexed, the developer will be required to pay the cost for the utility
extension. The design and sizing of these utilities will be reviewed and approved
by the Kalispell Public Works Department.
Sewer:
City sewer main if annexed
Water:
City Water if annexed
Refuse:
Private Collector
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyLink
Schools:
West Valley School District (Elementary) 8v Kalispell School
District 5 (High School)
Fire:
Evergreen Fire District (currently), Kalispell Fire
Department if annexed
Police:
Flathead County Sheriff Department (currently), Kalispell
Police Department if annexed
E
I. ANNEXATION EVALUATION
1. Compliance with the growth policy:
Two primary mechanisms for managing growth in the City of Kalispell exist
which are to rely on redevelopment and infill within the current city limits or
annexation of outlying areas. A goal of the growth policy is to provide a
comprehensive, effective growth management plan that provides for all the
needs of the community, is adaptable to changing trends and is attuned to the
overall public welfare. Chapter 2, Growth Management, contains the following
goals that are relevant to this particular annexation request:
1. Implement a comprehensive, effective growth management program that
recognizes and upholds the general welfare of the community as well as
individual rights.
2. New urban and suburban development occurs in areas where public
water and sewer are available.
The land use designation of the property in the City Growth Policy 2020 is
"commercial". The commercial land use designation acknowledges that Kalispell
is the retail, commercial and government center of Flathead Valley. Chapter 4,
Land Use: Business and Industry, contains the following policies which support
the proposed development within the commercial land use category:
General Commercial
b. Expansion of commercial districts is anticipated to occur as infill and a
continuation of existing commercial areas to avoid the creation of a new
commercial district and leapfrog development.
The proposed development is a continuation of existing commercial
developments to the east and south. It would not create a new
commercial district, or be considered leapfrog development since it's in
the vicinity of existing commercial developments. Therefore, since the
proposed development is within an existing commercial corridor it would
be considered a continuation and would not be considered leapfrog
development
c. Expansion of commercial areas should be contingent upon the provision
of public services and adequate infrastructure with consideration given
to anticipated impacts on the neighborhood and natural environment.
Public infrastructure and services such as; street, water, sewer,
sidewalks, bike paths, fire, police and ambulance are adequate to
accommodate potential impacts associated with the development of this
site. The Public Works Department, Fire Department, Police Department,
Parks and Recreation Department and Montana Department of
Transportation (MDT) have all reviewed the project. Therefore, the public
5
services and infrastructure have been given consideration and are
adequate for the neighborhood and natural environment.
Municipal Services:
Municipal services, such as sewer mains and water mains, are located within
the vicinity of the property to the south and west. These utilities will need to be
extended to the property at the time it undergoes development.
The site is currently protected by the Evergreen Fire District and the Flathead
County Sheriff's office. The applicant has submitted a Notice of Withdrawal
from Rural Fire District. At the time of annexation, the property will be served
by the Kalispell Fire Department. Similarly, the property will be served by the
Kalispell Police Department upon annexation.
Distance from current city limits:
The project site is bordering city limits on its west property boundary (Eisinger
Auto Dealership).
Cost of services:
Once annexed to the city, full city services will be made available to the property
owner. Any necessary infrastructure associated with this development will be
required to be constructed in accordance with the City of Kalispell's Design and
Construction standards and any other development policies, regulations or
ordinances that may apply. If annexed, the property owner will be extending
and connecting to city sewer and water at the time of development.
The attached cost of services analysis prepared for this property is for
commercial annexations. The analysis is only an estimate based on a variety of
assumptions. The analysis does not take into consideration changes in
methods of assessment and estimated costs associated with services. The
information can only be used as a general estimate of the anticipated cost of
services and revenue.
The cost to serve the land proposed for annexation is shown in the attached
cost of service analysis - Initial Annexation. The total cost of services is
estimated to be $1,976.56. Almost all of the cost is related to the protection of
the property by Kalispell Police and Fire. Based on the city's taxation and
assessment policies, the property will generate approximately $7,962.81 in total
annual revenue to the city ($3,976.91 in taxes and $3,985.90 in assessments).
Based on this analysis, the annexation will be net revenue to the city of
approximately $5,986.24.
Con
H. INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. Findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell
Zoning Ordinance. The site is currently zoned County R-1. The applicants are
requesting City B-2 (General Business) to accommodate the proposed retail and
service uses for the entire 4.14 acres. The Kalispell Zoning Regulations state
that the B-2 Zone is intended to "provide for a variety of sales and service
establishments to serve both residents of the area and the traveling public. The
district depends on the proximity to major streets and arterials and should be
located in business corridors or in islands". The uses permitted within B-2 are
in keeping with the existing commercial developments to the south, west and
north.
1. Does the requested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy future land use map as
"commercial" which anticipates a B-2 zoning district. The requested initial
zoning of B-2 is consistent with the commercial designation in the growth policy.
2. Will the requested zone have an effect on motorized and nonmotorized
transportation systems?
It can be anticipated that the proposed zone change of the property will increase
traffic impacts in the area due to the relatively low density of the area currently
and the relatively higher density that will come with the commercial development.
As part of the overall project proposal the developer had a traffic impact study
conducted to provide possible mitigation measures for the increase in traffic that
the development will have on existing streets. The Traffic Impact Study has been
reviewed by MDT and was conditionally approved 1/23/15. At the request of
MDT, minor improvements will be made to the approach and to the striping
within West Reserve Drive so as to accommodate WB-67 turning movements. All
work will be in strict accordance with MDT and City of Kalispell requirements.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. All municipal services including police and
fire protection, water, and sewer service will be made available to the area. The
site is one mile from fire station 62 with excellent response time.
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties.
7
5. Will the requested zone provide for adequate light and air?
The existing buildings and proposed upgrades meet the Kalispell Zoning
Ordinance standards in relation to setbacks, height, and lot coverage. With these
standards in place light and air is provided.
6. Will the requested zone promote compatible urban growth?
The requested B-2 zoning district allows the property to be developed as a
convenience store and casino. The B-2 zoning district is compatible with the
established land use pattern in this area which is a mixture of commercial uses
along the transportation corridor.
7. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Public services and facilities are available or will need to be extended to the
property. The property is currently unoccupied but was previously used as the
River Church. Since the request is a commercial use it will not have an impact
on park or school facilities. The site has direct access to West Reserve Drive
which is designated and designed to arterial standards. A traffic study completed
with this application indicates traffic flows can be accommodated with only minor
access improvements.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed B-2 zoning district is consistent with the surrounding commercial
character of the area and its location along West Reserve Drive. The requested B-
2 zoning district gives due consideration of the suitability of this property for the
permitted uses in the zoning district.
9. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is commercial, with some vacant lots to the east
of the property that are also within the commercial land use category. By
assigning the property with the B-2 zoning district the development of this
property will be consistent with the commercial character of the area. The
proposed zoning is also consistent with City B-2 zoning designations of the
properties to the north, south and west.
10. Will the requested zone avoid undue concentration of people?
An increase in the number and concentration of people in the area will likely
result after this land has been converted from a church to a more intensive
commercial city zoning. This is due to the fact that the site will now have people
coming to the site at all times rather than just during congregations and special
events. However, the intensity of the uses of the property would be in direct
relationship to the availability of public services, utilities and facilities as well as
compliance with established design standards. The design standards and
N.
availability of utilities would provide the infrastructure needed to insure that there
will not be an overcrowding of the land or undue concentration of people.
11. Will the proposed zone conserve the value of buildings?
The buildings that are currently located on the property are unoccupied. The
applicant intends to convert the unoccupied structures into a convenience store
and casino increasing their value. Upon full development, city services and
infrastructure will be brought to the site. Currently the property is on a private
sewage disposal system that is making the slope in the back fall into the river. By
connecting to city sewer this issue can be alleviated, which will increase the
property's value.
12. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Commercial development should be encouraged in areas where services and
facilities are reasonably available. In this case water and sewer lines are located
within a short distance of the property. The proposed zoning is consistent with
the city growth policy future land use designation and is compatible with
surrounding development.
III. EVALUATION OF THE CONDITIONAL USE PERMIT
This application has been reviewed in accordance with the Conditional Use Permit
review criteria in the Kalispell Zoning Ordinance (KMC 27.33.080). A Conditional
Use Permit may be granted only if the proposal, as submitted, conforms to all of
the following general Conditional Use Permit Criteria, as well as to all other
applicable criteria that may be requested:
1. Site Suitability:
a. Adequate Useable Space: The entire developed portion of the property is
flat and the north side of the property drops off very steeply (approximately
40 feet) to the Stillwater River. The property is 4.14 acres in size and will
be developed to provide all of the required building setbacks and
separations. The parking and landscape area requirements proposed are
adequate for the proposed convenience store and casino.
b. Height, bulk and location of the building: The existing church buildings on
the property meet the required setbacks and height requirements. The
existing structures are approximately 32 feet tall and the B-2 zone allows
for up to 40 feet tall with a CUP. The square footage of the existing
buildings is approximately 18,213 square feet and there is an additional
4,704 square feet fuel island proposed. The height, bulk and location of the
existing structures and proposed fuel islands is suitable for the site.
Staff presented the existing elevation drawings to the Architectural Review
Committee at their February 24, 2015, meeting. The Committee was
generally favorable of the development but indicated portions of the
6
structure would need significant architectural upgrades before approval,
which will occur at the time of building permit review.
C. Adequate Access: The property fronts West Reserve Drive, an approved
arterial road. The development will take ingress and egress from the
middle of the property subject to MDT approval. A traffic study completed
by the applicant indicates only minor approach work will be necessary to
allow the site to function properly.
d. Environmental Constraints: The slope at the rear of the property is failing.
Geology testing has indicated that the slope failure is due to the saturation
of the ground from the private sewage disposal system. As part of this
application the applicant will be required to connect to city sewer, which
should alleviate the slope failure problem.
2. Appropriate Design:
a. Parking Scheme/Loading Areas: The development shall comply with the
Off -Street Parking and Design Standards as set forth in Chapter 27.24 of
the Kalispell Zoning Ordinance. City code requires 94 spaces. They are
showing 105 spaces.
b. Lighting: The development shall comply with the Lighting Standards as set
forth in Chapter 27.26 of the Kalispell Zoning Ordinance.
C. Traffic Circulation: The vehicular access is sufficient to and from the
property. The property is 4.14 acres in size and contains existing buildings
with off-street parking ingress and egress from West Reserve Drive. Minor
upgrades to the access will be required per the MDT approved traffic study.
d. Open Space: No open space is required since the development is
commercial.
e. Fencing/Screening/Landscaping: The development shall comply with the
Landscaping Standards as set forth in Section 27.24.030(6) of the Kalispell
Zoning Ordinance, which will primarily impact the parking lot.
f. Signagge: The development shall comply with all of the Sign Standards as
set forth in Chapter 27.22 of the Kalispell Zoning Ordinance.
3. Availability of Public Services/Facilities:
a. Sewer: Sewer service will be provided by the City. The developer will be
required to pay the cost for the utility extension.
b. Water: Water service will be provided by the City. The developer will be
required to pay the cost for the utility extension.
C. Storm Water Drainage: There is an existing MDT storm drainage facility on
the property to the east. The property will use this facility to manage the
storm water drainage resulting from the development of impervious
surfaces on the property. A final design will be reviewed and approved by
10
the Kalispell Public Works Department prior to approval of the building
permit
d. Solid Waste: Solid waste pick-up will be provided by a private contractor.
e. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. The impact of the proposed change in this regard is minimal
as there is adequate access to the property from the public road system
and the buildings will be constructed to meet current building and fire
code standards. Station 62 is one (1) mile from the site and response time
will be excellent.
f. Police: Police protection will be provided by the Kalispell Police
Department. No unusual impacts or needs are anticipated from the
proposed use.
g. Streets: The primary street frontage is West Reserve Drive. Vehicles
access to the property is via a driveway on the south side of the property
onto West Reserve Drive. A traffic study indicated only minor
improvements are needed to accommodate this use.
h. Sidewalks: Sidewalks will need to be installed along West Reserve Drive in
accordance with city design standards.
i. Other Public Services: No additional impacts are anticipated with the
proposed use.
j. Parks and Recreation: There should be no significant increase in demand
on the parks and recreation programs and facilities as a result of this use.
4. Neighborhood impacts:
a. Traffic: It can be anticipated that the proposed zone change of the property
will increase traffic impacts in the area due to the relatively low density of
the area currently and the relatively higher density that will come with the
commercial development. As part of the overall project proposal the
developer had a traffic impact study conducted to provide possible
mitigation measures for the increase in traffic that the development will
have on existing streets. The Traffic Impact Study has been reviewed by
MDT and was conditionally approved 1/23/15. At the request of MDT,
minor improvements will be made to the approach and to the striping
within West Reserve Drive so as to accommodate WB-67 turning
movements. All work will be in strict accordance with MDT and City of
Kalispell requirements.
b. Noise and Vibration: The use of the property as a convenience store and
casino will generate noise and vibrations typical of a commercial gas
station where vehicles are of all sizes are coming and going. Although the
use will generate noise and vibration it does not impact the neighborhood
because of the surrounding uses. The uses to the south, north and west
are also commercial developments that create noise and vibration so they
will not be impacted by this development. The properties to the east are
11
within the commercial land use designation so it can be assumed that
another noise and vibration generating use will go into that location when
it is developed.
C. Dust, Glare, and Heat: The use of the property as a convenience store and
casino is not expected to generate any dust, glare or heat beyond what
would typically be expected.
d. Smoke, Fumes, Gas, or Odors: The use of the property as a convenience
store and casino is not expected to generate any dust, glare or heat beyond
what would typically be expected. Due to the nature of the business a
slight amount of gasoline and diesel fumes will exist in the area during
fueling operations.
e. Hours of Operation: The convenience store will operate 24 hours a day.
The casino will open at 8:00 a.m. and close at 2:00 a.m.
5. Consideration of historical use patterns and recent changes:
This area has historically been used as a church which is no longer at the
location. The neighborhood contains a number of commercial properties of
varying intensities. The recent history has seen an influx of commercial
developments along US Highway 93 on the north end of town. The Future Land
Use map indicates that this area along West Reserve Drive is commercial and a
continuation of the commercial developments towards the east is warranted to
curb future development to the north.
This will be the first casino in Kalispell north of Idaho Street frontage. Casino
development has specifically been prohibited in the different commercial
development phases (Mountain View Plaza - Home Depot, Target; Hutton Ranch
- Sportsman, WalMart; and Spring Prairie - Costco, Lowes and Cabelas) to the
south of the property.
6. Effects on property values:
No significant negative impacts on property values are anticipated as a result of
the requested conditional use of the property. It can be assumed that property
values will increase since city services to the property area being added and the
buildings onsite are currently unoccupied.
7. Casinos:
The following regulations apply to the casino application as required by Section
27.34.040 of the Kalispell Zoning Ordinance;
1. Casinos shall be a minimum of 300 feet from churches, schools, parks, city
residential zones, and other casinos, measured from property line to
property line. There are no other casinos, churches, schools, parks or city
residential zones within 300 feet of the proposed casino.
12
Figure 3: 300' Buffer
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I 1 4( �P��-�` r•?r?�
-¢\tie .=
m•.
y SUBJECT PPOPE V
�. -. a = EISINGER PROPERTIES LC
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Y1 q
Sk
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MDOT L r - --- - - ----
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ARTNERSHIP �3 {
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4
2. The following design standards as appropriate may be placed on the casino:
a. Limitin-- or brohibitin-- the on-bremise siLana--e or buildin-- from usini
the following:
1. Any terms such as gaming, gambling, cards, dice, chance, etc.
2. Any reference to any associated activity or any symbols or words
commonly associated with gambling.
3. Any words, terms, figures, art work, or features intended or
designed to attract attention to the fact that a casino is on site.
4. Neon lighting.
b. Limiting the number and location of entrances to the casino.
13
c. Increasing landscaping requirements in order to create a buffer
between the casino and adiacent land uses.
Due to this sites location on a major entrance corridor and proximity to other
commercial developments where casinos have otherwise been prohibited; staff
recommends prohibiting onsite signage as mentioned above in Section 27.34.040(4)(a)
and have added them as conditions of approval.
RECOMMENDATION:
Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-15-01 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the initial zoning for this property upon annexation be
B-2 General Business.
Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt Staff Report KCU-15-01 as findings of fact and recommend to the Kalispell City
Council that the Conditional Use Permit, be approved subject to the conditions listed
below:
CONDITIONS OF APPROVAL
General Conditions
1. A proposed site plan that complies with submitted site plan and modified by
these conditions shall be submitted to the Kalispell Site Review Committee
for review and approval prior to issuance of a building permit for any
structural development.
2. Architectural rendering are required to be submitted to the Kalispell
Architectural Review Committee for review and approval prior to issuance of
a building permit.
3. Electric reader board signs shall only transition from message to message.
Transitions from one message to the next that include flashing, blinking, or
other animated features etc. are prohibited. All other portions of 27.22.070
(Reader Boards) shall still apply.
4. The following on -premises signs are prohibited;
1. Any terms such as gaming, gambling, cards, dice, chance, etc.
2. Any reference to any associated activity or any symbols or words
commonly associated with gambling.
3. Any words, terms, figures, art work, or features intended or
designed to attract attention to the fact that a casino is on site.
4. Neon lighting.
14
5. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and
Construction and Montana Public Works Standards. The water and sewer
main extension plans shall be reviewed and approved by the Kalispell Public
Works Department.
6. The developer shall submit to the Kalispell Public Works Department for
review and approval a stormwater report and an engineered drainage plan
that meets the requirements of the current City standards for design and
construction.
7. A letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell
or a proper bond has been accepted for unfinished work.
8. The developer shall obtain an approach permit from the Montana
Department of Transportation for the approach onto West Reserve Drive.
9. All mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by either the
Public Works Department or Montana Department of Transportation. A
letter from the Kalispell Public Works Department or Montana Department
of Transportation shall be submitted stating that all new infrastructure has
been accepted by the City of Kalispell or State of Montana. If infrastructure
work has not been accepted, a letter stating that a proper bond has been
accepted for the unfinished work by the appropriate agency is required.
15
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5708
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30,
TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
AND MORE PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF
SURVEY #19815 OF RECORD IN THE OFFICE OF CLERK AND RECORDER FOR
FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS TOWN PUMP ADDITION NO.
423; TO ZONE SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from Eureka Town Pump, Inc., the
owners of property located at 859 West Reserve Drive and further described above,
requesting the City of Kalispell annex the territory into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-15-01, dated March 2, 2015; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City B-2, General Business, on approximately 4.14 acres upon
annexation into the City of Kalispell; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property located at 859 West Reserve Drive, Kalispell,
Montana and more particularly described as Tract 1 of Certificate of Survey
919815 in the Southwest quarter of Section 30, Township 29 North, Range
21 West, P.M.M., Flathead County, Montana, be annexed to the City of
Kalispell and the boundary of the City is altered to so provide, and shall be
known as Town Pump Addition No. 423.
SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in
the City of Kalispell and shall be entitled to the same privileges and benefits
as are other parts of the City.
SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 6TH DAY OF APRIL, 2015.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
MARCH 10, 2015
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Charles Pesola, Rory
Young, Matt Regier, Steve Lorch, and Doug Kauffman. Karlene
Osorio-Khor was absent. Tom Jentz and Jarod Nygren represented
the Kalispell Planning Department.
APPROVAL OF MINUTES
Lorch moved and Pesola seconded a motion to approve the
minutes of the February 10, 2015 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
EUREKA TOWN PUMP —
Eureka Town Pump, Inc. is requesting annexation, initial zoning
ANNEXATION, INITIAL
of B-2 (General Business) and a conditional use permit to convert
ZONING & CONDITIONAL
the existing buildings at 859 West Reserve Drive into a
USE PERMIT
convenience store and casino requiring the following applications.
The site is located .1 miles east of Highway 93 on the previous site
of the "River Church".
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed staff report KA-15-01 & KCU-15-01for the board.
Nygren noted a correction to the staff report on page 6, Cost of
Services the last paragraph states "net cost to the city" and it
should have been "net revenue to the city".
Nygren stated the subject property is located east of the Eisinger
Motors property on West Reserve Drive and is developed with
existing church buildings that are currently unoccupied. The
current zoning is County R-1. Nygren reviewed the surrounding
zoning and land uses. He noted the requested zoning B-2 is
consistent with the surrounding zoning and the commercial land
use designation of the growth policy.
Nygren continued with a review of the site plan and indicated an
existing 10,313 square foot building will be converted into the
convenience store, an existing 7,900 square foot building will be
converted into a casino, and a 4,700 square foot fuel islands
facility will be constructed and parking facilities expanded.
Access to the site is from West Reserve Drive.
Nygren reviewed the elevation drawings for the board and noted
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page I 1
the Architectural Review Committee indicated there will need to
be some significant architectural upgrades to the project before it
will move through their committee.
City water and sewer services will need to be extended to the
property and sidewalks and streets will be installed in accordance
with city standards. This will be the first casino north of Idaho
and there are no churches, schools or other casinos, within the 300
foot buffer, a requirement in the Kalispell Zoning Ordinance.
Because this proposed development is within a high traffic area
and the other developments in the area have not historically been
permitted to have casinos, a condition has been added prohibiting
any on -premises signage as follows:
• Any terms such as gaming, gambling, cards, dice, chance,
etc.
• Any reference to any associated activity or any symbols or
words commonly associated with gambling.
• Any words, terms, figures, art work, or features intended or
designed to attract attention to the fact that a casino is on
site.
• Neon lighting.
Staff recommends that the Kalispell City Planning Board adopt
Staff Report #KA-15-01 as findings of fact and recommend to the
Kalispell City Council that the property be annexed and the initial
zoning for this property upon annexation be B-2 General Business.
Staff recommends that the Kalispell City Planning Board adopt
Staff Report KCU-15-01 as findings of fact and recommend to the
Kalispell City Council that the Conditional Use Permit, be
approved subject to the 9 conditions listed in the staff report.
BOARD DISCUSSION Kauffinan asked if the stormwater agreement to use the Montana
Department of Transportation (MDOT) structure was a previous
agreement with the MDOT and Nygren said yes.
Graham noted there have been concerns about the stability of the
bank on the back side of this property and Jentz said the applicants
are aware of this problem and are in discussion with the Flathead
Conservation District and other agencies to determine what
measures they could take to stabilize the bank. Jentz added if this
was brand new construction there would be significant setbacks,
but the buildings are already on the property. Graham asked if
there was any documentation indicating that the bank is stable and
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 12
Jentz suggested the public hearing be opened and the applicants
could address those issues.
Graham asked about if the proximity of the fuel tanks to the
Stillwater River is a concern and Nygren said it has not been
brought up as a concern by Public Works, and there are no
setbacks standards for fuel tanks in the zoning regulations.
Young asked if this is the first property that is suitable for a casino
north of Idaho or has the zoning ordinance been changed and
Nygren said the ordinance has not changed. Jentz said some of the
developments in this area did not want casinos but wanted the
focus to be a retail center character instead. Jentz noted there is no
stated land use policy that casinos cannot extend north.
PUBLIC HEARING Joe Murphy, Big Sky Civil and Environmental (BSC&E) stated
they have worked with Town Pump on a number of developments
throughout the state including this site.
Murphy reviewed the following issues:
Storm drainage — When they first approached the city they
understood that the storm drainage from the site actually dumped
into the detention basin that serves the MDOT. After they received
as-builts they found that the storm drain from the site goes
underneath the detention basin and has its own outfall, closer to
the Stillwater River. He noted it appears to be a solid structure
and in good shape. They will work with Public Works to make
sure that all of the storm drainage standards are met.
Underground storage tanks and their proximity to the Stillwater
River — Murphy said he has been involved in environmental clean-
up on underground fuel spills since he first started in the business.
In working with Town Pump their underground storage tanks
exceed any of the regulations.
Stormwater runoff — In all of the Town Pump facilities that
BSC&E has worked on oil/water separators have been installed
that address all of the stormwater runoff and snow melt that falls
off the underside of vehicles. The runoff is captured at the fuel
island area and channeled through the oil/water separator that has
a treatment system built into it.
Town Pump's architect and design team are in the process of
putting plans together with better elevation views and will work
closely with the Architectural Review Committee.
Town Pump intends to comply with the signage ordinance and
conditions, however, Town Pump would like to request that the
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 13
board consider relaxing those limitations.
Murphy said they will work with Public Works regarding water
and sewer main extensions. Water is in fairly close proximity to
the property and they are working with the city to either tie onto
an existing force main or gravity mains along Home Depot for
wastewater.
A traffic impact study has been completed and submitted to
MDOT and they have conditional approval to go ahead.
They intend to work closely with the city on sidewalks, parking,
and lighting to make sure it is done in accordance with the city
standards.
Bank stability — Murphy said they have initiated discussions with
the Flathead Conservation District (FCD) and they intend to work
with FCD to come up with a viable and lasting means of treating
the soils in that area. They will also work with Fish, Wildlife &
Parks, the Army Corps of Engineers, DEQ, DNRC and the local
floodplain coordinator. Town Pump knows they need to take care
of that bank and protect their property.
Jenny LaSorte, 275 Sulky Lane stated she is a resident of north
Kalispell and is a Montana native. LaSorte said she is here to
speak for the people of north Kalispell and address the degradation
of the quality of life that could result from expanding casinos to
the north.
LaSorte added as a Christian she objects to turning The River
Church into a casino. This is in close proximity to Glacier High
School, Flathead Valley Community College, Kidsports, and the
residents in the area. She asked if this how we want to welcome
visitors to the gateway of our community. LaSorte stated vice
attracts vice, and an increased use of alcohol, prostitution, and
drugs.
LaSorte asked the board to give serious consideration as to
whether or not they want to expand gambling to north Kalispell
and what it would take to get an impact study on the effects of
gambling on our society, here in Kalispell and the Flathead Valley.
Sherry Wehrman, 77 Cloud Creek Road, Somers stated she is
against having casinos north of Idaho. There are currently
approximately 20 casinos on Idaho and Main Street within a one
mile radius. If one is allowed north of Idaho how many more will
be allowed.
Wehrman said she is a recovering compulsive gambler and it ruins
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 14
lives and families. The only place that people can go that is safe
and where they can take their family is in the north Kalispell area
where they do not have to see casinos and bars. She asked that the
board not approve the CUP or the zoning recommendation.
Mayre Flowers, Citizens for a Better Flathead, 35 4t' Street West,
Kalispell stated she supports the questions by the board regarding
the location and safety of the fuel tanks as well as the bank
stabilization that need to be given careful consideration. She
encouraged the board to have this information prior to moving
forward with a recommendation.
Flowers said this is also an opportunity to increase the landscaping
for this corner which is something that has been lacking in all
entrance corridors into Kalispell. Finally in reference to the
casino issues she suggested this issue be addressed through the
growth policy update that is currently underway.
MOTION — ANNEXATION &
Regier moved and Young seconded a motion to adopt Staff Report
INITIAL ZONING
#KA-15-01 as findings of fact and recommend to the Kalispell City
Council that the property be annexed and the initial zoning for this
property upon annexation be B-2 General Business.
BOARD DISCUSSION
Regier noted B-2 zoning is on 3 sides and he felt it is appropriate
for this area. Graham agreed.
ROLL CALL — ANNEXATION
The motion passed unanimously on a roll call vote.
& INITIAL ZONING
MOTION — CONDITIONAL
Regier moved and Pesola seconded a motion to adopt Staff Report
USE PERMIT
KCU-15-01 as findings of fact and recommend to the Kalispell
City Council that the Conditional Use Permit, be approved subject
to the 9 conditions listed in the staff report.
BOARD DISCUSSION
Pesola said while he shares some of the sentiments with casino
growth and expansion but to not allow any form of advertising for
the casino may mitigation some of that fear.
Pesola said this would is appropriate and is a use that is
traditionally associated with a Town Pump.
Regier said he likes the idea of a gas station at this location
however he feels casinos need to be moderated but not enough to
prevent another casino being added to the Flathead Valley.
Lorch clarified the planning board doesn't make policy in relation
to casinos — it is allowed by State law and city zoning regulations.
He does have concerns about placing conditions on the signage
allowed. He added, if the community wants to regulate casinos it
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 15
should be done before an application is submitted. Nygren
clarified that the conditions regarding signage are in the zoning
regulations and due to the location, and the fact that the
surrounding developments did not have any gaming, staff felt
these signage conditions should be implemented for this particular
development.
Graham noted there aren't any regulations that would prohibit
casinos north of Idaho and added the PUD's to the south of this
development choose not to have casinos as part of their PUD. This
use, if approved by conditional use permit, fits within the city's
zoning of the area.
Graham asked if they can use the conditional use permit process to
deny a casino and Jentz said yes, they can. However, to deny it the
board needs to make reasonable findings of why it doesn't meet
the criteria. Jentz explained further.
Graham asked the board members if they had any findings in
opposition to this use in this area. Regier said gambling is a vice
and the question is, what direction do we want our community to
go in? Regier added findings could be based on the affects of the
gaming industry.
Graham said he does share some of the concerns but he added the
applicant has applied for this use which is allowed by the city's
zoning ordinance. The site is also suitable for annexation.
ROLL CALL —
The motion passed on a roll call vote of 5 in favor and one
CONDITIONAL USE PERMIT
opposed.
TKG SPRING PRAIRIE
TKG Spring Prairie Development Four, LLC (TKG) is requesting
DEVELOPMENT FOUR —
a Growth Policy Amendment; Zone Change Map Amendment;
GROWTH POLICY AMD,
Planned Unit Development Overlay Zone; and Subdivision
ZONE CHANGE, PLANNED
Approval to develop a 28 acre site located on the southwest corner
UNIT DEVELOPMENT, AND
of US 93 and Old Reserve Drive into 14 building pads to be
PRELIMINARY PLAT
utilized for general commercial development similar in nature to
phases 1-3 of Spring Prairie to the immediate north. TKG will be
developing this project via a lease with the Department of Natural
Resources and Conservation who oversees State School Trust
Lands. The site is bounded on the north by Old Reserve Drive and
Spring Prairie Phases 1-3, on the west and south by Kidsports, and
on the east by US Highway 93 N.
BOARD MEMBERS RECUSED
Doug Kauffman and Steve Lorch recused themselves from the
THEMSELVES
discussion and votes on this project due to conflicts of interest.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed staff report KGPA-15-01, KZC-15-01, KPUD-15-01 &
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 16
KPP 15-01 for the board.
Nygren noted the growth policy amendment would change the
land use designation of the property from Public and open space to
commercial. The zone change request is to change the zone P-1
Public to B-2 General Business and a planned unit development
overlay to improve the design of the project site as it relates to
architecture, landscaping, pedestrian access, signage and allowable
uses. Finally the preliminary plat is for the subdivision of the
property into 14 lots.
TKG will be developing this project via lease with the Department
of Natural Resources and Conservation (DNRC) who oversees
State School Trust lands. The application has come to fruition
after years of negotiation which culminated in the City of Kalispell
providing financial support to purchase a permanent easement
from DNRC for the KidSports property. In conjunction with the
transaction KidSports agreed to release the subject property back
to DNRC so that they could develop the property at the highest
and best use.
TKG is requesting to utilize all municipal public services
including water, sewer, police and fire services. The 28 acre
project site is currently being used as the former DNRC offices
building and KidSports cross-country track. The DNRC has
relocated their facilities and the office building is currently
unoccupied. The cross -county track loops around the south end of
the subject property and connects back to the northwest into
KidSports. There is a pond that receives the stormwater flows
from on -site and from the development to the north. Nygren
described the current and surrounding zoning and land uses for the
board.
The Section 36 Neighborhood Plan, passed in 1999, would not
allow for commercial development as it was designated sports
fields. The 2010 Plan, approved in 1986, gave the southern portion
of the parcel open space designation and it was not until the 2020
Growth Policy was passed in 2003 that the remainder of the parcel
was given public and open space land use designation, with a 5
acre portion at the northeast corner designated commercial.
Nygren reviewed the preliminary plat. Access to the site is from a
full movement at the southern intersection of the property where a
new traffic light will be installed; and two right -in only
intersections along US Highway 93 North. A pedestrian path will
lead from the development into KidSports. Nygren reviewed the
landscaping plan in detail. Nygren noted that the developer agreed
to change the pedestrian path to another location so it is not dead -
ending at the parking lots.
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 17
Nygren noted conditions have been added regarding fencing and
landscaping of the ponds and sidewalk standards that would
include a seven foot landscape buffer with a six foot sidewalk and
additional 6 foot pathways connecting to the bike path.
Four-sided architecture will be required and large -rectangular
masses will be avoided by incorporating off -sets on the walls and
roofs and the use of building materials will be similar to Spring
Prairie Phases 1 through 3.
Signage allowed for phase 4 is one free-standing sign, which is the
same that was allowed for the other phases of the Spring Prairie
Development and the developments on the east side of Highway
93. The reason for the limited signage is to prevent the corridor
from being littered with signs.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KGPA-15-01 and
recommend that the growth policy land use designation for the
entire 28 acre site be "Commercial" on the Kalispell Growth
Policy Future Land Use Map.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KZC-15-01 and
recommend that initial zoning of the 28 acre site be B-2 on the
Kalispell Zoning Map.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPUD-15-01 as findings
of fact and recommend to the Kalispell City Council the PUD for
Spring Prairie Phase 4 be approved subject to the 30 conditions
listed in the staff report.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KPP-15-01 as findings of
fact and recommend to the Kalispell City Council that the Spring
Prairie Subdivision Phase 4, be approved subject to the 30
conditions listed in the staff report.
PUBLIC HEARING Karen Blumenstein, Flower & Stone, 88 Inverness Circle Drive
East, Denver, Colorado stated she is representing the applicant.
Blumenstein said a great deal of time was spent talking with city
staff and KidSports about this project. She described the
agreement they have with KidSports to grade some areas that will
be used as future multi -use fields and coordinate access between
the two sites, and to ensure the experience that people have when
they are at KidSports is not diminished by the commercial use.
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 18
Blumenstein reviewed the conditions and their concerns are as
follows:
• Condition 96 — Recreational area. They are suggesting an
amendment to the language to delete the terms "pads for
playground equipment" and insert "and grading acceptable
to KidSports for their intended future use."
• Condition 97 — Retention pond. Blumenstein said they read
this condition as ensuring that any chain link fencing, or
similar type fencing, is placed with associated landscaping.
• Condition 410a — Architectural design. She asked for
clarification with respect to colors of concrete products on
building faces and if building faces means building
frontage they would have no problem with the condition.
She added, the rear of the buildings that they developed on
the Cabela's Outpost center, are painted concrete CMU
block, and no painting is on the front or sides of the
buildings.
• Condition #Ilb — Sidewalks around detention pond.
Blumenstein said they have no problem expanding their
current sidewalk size to 6 feet and add a 7 foot landscape
boulevard. She asked if staff could clarify that this could
be an exception if the space is not available along the
detention pond.
• Condition #llc — Sidewalk and landscape boulevards
fronting the internal streets requirement. She felt that this
condition was onerous. They focus on walk ability for their
projects and it doesn't show that you need a sidewalk
around all sides of an out parcel. They ensure that the
sidewalks relate to one another. It also puts a big expense
on an out parcel user and it has not been required for any
of the developments on either the east of west side of the
highway.
Also in condition 911 c she requested that the language
"Prior to building permit issuance" be changed to Prior to
the issuance of the Certificate of Occupancy" as those
improvements cannot be completed until the building
permit is issued. (Recorder's Note: This change of
language would also apply to I Id.)
• Condition 21, 24 and 28 — Blumenstein noted staff agreed
to change the language on those conditions so that these
obligations will occur "prior to final plat".
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 19
Also the signature block in condition 928 should be
changed to the Montana Department of Natural Resources
and Conservation instead of the developer.
• Condition #9 — Signage. They have concerns about being
allowed only one freestanding sign. Hutton Ranch has two
24 foot pylons and Home Depot has three freestanding
signs — one pylon and two small monument signs. She
feels that the signage regulations are not being evenly
enforced across the corridor. They have two main access
sites into their center, one at the south end where the new
stoplight will be installed, and on onto Old Reserve Loop
where there will be two full movements. As the bypass
comes in there will be significant traffic from the west to
the east and they want to have identifiers so the customers
know when to turn to gain access to their center. In
addition to the one freestanding sign that is allowed, they
are requesting a smaller type 2 sign on Old Reserve and
possible consideration for another sign at the corner of
Highway 93 North and Old Reserve.
There was lengthy discussion regarding condition 99 and the
signage allowed v. the signage requested. Sorensen further
clarified the signage calculations and the factors that determined
the signs in the other developments in this area. .
Graham felt this development was different from the others
because it is on a corner of a major intersection. Sorensen said that
was also looked at in the signage calculation and he explained
further.
Blumenstein stated they are not looking for a variance to the sign
regulations and are agreeing to comply with the sign regulations
for setbacks, height and distance from the highway.
Young noted it appears there are two different interpretations of
the sign code and he asked if the planning board will make a
decision or can staff and the developer meet again to come to an
agreement. Jentz noted this is not an interpretation it is a policy
statement that has been carried through all the development of the
north of Kalispell and the board needs to decide if it is reasonable
to continue with that policy in this situation. Further discussion
was held.
Mayre Flowers, Citizens for a Better Flathead, 35 4t' Street West
in Kalispell stated for the record that State law requires the city
provide a meeting notice, along with the staff report 15 days prior
to a meeting, which has been done. She cited the provisions under
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 110
the Montana Constitution for the right to participation. In the case
of this meeting the staff report was available on Thursday for a
hearing on the following Tuesday which does not provide
adequate time for the public review. She asked to the board to
consider that as a policy going forward.
Flowers said they would argue that the highest and best use for the
City of Kalispell is that this property remains parkland, which is a
scarce and important commodity.
Flowers continued in order to protect the interest of the city and
the city taxpayers we need to see some record of what kind of
taxes have been coming from this leased property to cover services
and to make sure that this condition is in place for this
development moving forward as well.
Flowers asked for clarification of the discussion of the MDT pond
not being encircled by a chain link fence.
She encouraged the board to support the city staff s
recommendations on the signage. This corridor, because of the
heavy traffic, has benefitted from the implementation of
landscaping, sidewalks, and limited signage and she would
encourage the board to continue that policy.
Flowers noted under condition l l c the requirement for sidewalks
around the buildings are appropriate. It is problematic in some of
the other developments not to have adequate sidewalks and with
the intensity of the development being proposed it makes sense.
Chris Parson, Vice President of the Kalispell Chamber of
Commerce stated on behalf of the board and the chamber president
Joe Unterreiner he wanted to express their support of the growth
policy, zoning amendments, the PUD overlay zone and the
subdivision approve for this project. The impacts to the economy
with the first three phases have been significant and have been
referred to as a regional center which is 18% of our economy and
continuing to grow. Parson cited the positive impacts on the
community, the collaboration with Kidsports and enhancing the
future of the youth athletics, and also the new traffic light
proposed in front of the college which will improve safety in this
area.
Roy Beekman, 182 Morning View Drive, Kalispell stated he is a
member of the Kidsports Board and has been since its inception.
They are fully in support of the growth policy amendment, zoning,
PUD overlay and subdivision for this development. KidSports has
been working with the developer ever since this project was
started, they have been great to work with and he doesn't think
there is anything that the developer wouldn't be willing to at least
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 111
discuss with city staff to reach an agreement.
MOTION — GROWTH
Regier moved and Pesola seconded a motion to adopt staff report
POLICY AMENDMENT
KGPA-15-01 and recommend that the growth policy land use
designation for the entire 28 acre site be "Commercial" on the
Kalispell Growth Policy Future Land Use Map.
ROLL CALL
The motion was passed unanimously on a roll call vote.
MOTION — ZONE CHANGE
Regier moved and Pesola seconded a motion to adopt staff report
KZC-15-01 and recommend that initial zoning of the 28 acre site
be B-2 on the Kalispell Zoning Map.
ROLL CALL
The motion was passed unanimously on a roll call vote.
MOTION — PLANNED UNIT
Regier moved and Pesola seconded a motion to adopt staff report
DEVELOPMENT &
KPUD-15-01 and KPP-15-01 as findings of fact and recommend
PRELIMINARY PLAT
to the Kalispell City Council the PUD for Spring Prairie Phase 4
and preliminary plat be approved subject to the 30 conditions
listed in the staff report.
BOARD DISCUSSION
Young asked about the question of the availability of the staff
report and Jentz stated we always meet the 15 day meeting notice
requirement but is not aware of any requirement that the staff
report also be available 15 days prior to the meeting. For this
project approximately 45 days ago notices were sent out to the
adjoining property owners for the work session, which also
included a notice of the public hearing tonight. Staff usually sends
the packets to the board one week prior to the hearing, the staff
reports are posted at that time and all application materials are
posted on the website shortly after they are received in our office.
Jentz noted if the city council wants to direct staff to change this
process staff would entertain that request.
Graham asked about the question of taxes on state land and Lorch
said state trust lands are not taxed but as soon as the land is put to
beneficial use they calculate taxes as though it is private land,
based on the size of the parcel and the value of the improvements.
The land owner isn't taxed but the beneficial user is and the city
receives the same amount of benefits from these developments as
they would if this was on private land.
Karen Blumenstein briefly reviewed the changes they are
requesting to the conditions. (See bulleted points above)
Nygren noted staff has the following comments regarding the
requested amendments or clarification of the conditions:
Condition #6 — staff has no opposition to this change.
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 112
Condition #7 — Nygren noted the city wants the retention pond
fenced with landscaped approved by the Parks & Recreation
Director and Public Works.
Condition #9 — The sign request is for one type 3 sign along
Highway 93 North, which is allowed within the condition, and a
second type 2 sign that would be 12 feet high, otherwise
complying with the sign code in terms of sign faces, that will sit
along Old Reserve at one of the two full -movement intersections.
There was lengthy discussion regarding the requested amendment
to condition 99.
Young asked, what is the potential precedent that the board may
be setting to recommend allowing the additional sign on Old
Reserve? Jentz said it could be any number of businesses asking
for additional signage. Jentz added the board could state that they
have looked at the situation at this location and then come up with
findings why it makes sense.
Young noted the property to the west is recreational and it is
unlikely they would ever have need for a monument sign so
allowing the sign would welcome the public to the commercial
part of Kalispell. Blumenstein noted this development will be
seeing a significant amount of traffic coming from west to east,
when the bypass is completed. That is why they are focused on
having a way finding tool at the future signal location on Old
Reserve. Additional discussion was held.
MOTION — AMENDMENT
Pesola moved and Young seconded a motion to adopt the
CONDITION #9
amendment to Condition 99 as follows: "Signage for the
development shall be calculated as a shopping center. Within that
allowed area, signage for the development may include up to two
freestanding signs - I single type 2 sign on Old Reserve, and I
type 3 sign on Highway 93 as shown on the sign exhibit of the
applicant's portfolio. All others provision relative to the sign code
shall comply with Chapter 27.22 (Sign Regulations) of the
Kalispell Zoning Ordinance."
BOARD DISCUSSION
Blumenstein said she is concerned it will diminish her capability
to have signage elsewhere. Sorensen said using the calculation as
a shopping center is the method staff used to arrive at the total
amount of sign area for Mountain View Plaza and Hutton Ranch.
Where you may see some type of difference would be what the
wall signage would be for the buildings or the use. It would
however be an increase in what they would have for freestanding
signs so it is a trade-off.
Young suggested that they move forward with the motion as it
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 113
(was stated by staff) and the developer always has the option to go
before city council for their consideration.
Graham stated if the amendment would be a trade-off on other
aspects of signage within the project that they could do before but
now they can't do, he can't support the amendment.
Young added they have been asked to vote on the signage issue
without all the information however, he doesn't think the
developer wants the project held up. Blumenstein stated it would
be acceptable to her to have an amendment that reads: "Two
freestanding signs and staff and the developer will work through
the particulars of overall signage square footage on the site."
ROLL CALL — CONDITION #9
The motion, as amended by the board, passed on a roll call vote of
three in favor and one opposed.
BOARD DISCUSSION
Condition #10.g — Nygren stated this condition would require the
south side of the anchor lot nearest to KidSports to have some sort
of entrance feature along it. The previous design, which is before
the board, has a crossing by the truck turnaround and a sidewalk
against a blank wall. With the current design and moving the
sidewalk to the other side, and with the landscaping being added,
that condition is no longer required. Staff recommended deleting
condition #10.g.
Condition #11b — Nygren said staff is ok with the amendments as
long the 10 foot path is carried all the way along the retention
pond. Blumenstein said a 10 foot path will not fit along the
retention pond and it shouldn't be an obligation and then to find
they would need a variance. They will work with Parks & Rec to
resolve the issue when the width can be determined.
Jentz said this is an evolving project and it is now significantly
better than what the city started off with. With minor deviations
such as this it can be handled in-house through the Site Review
Committee, so a variance is not required. Further discussion was
held and the condition was approved as written in the staff report.
Condition #11c — Blumenstein said she would work with staff on
this condition and it was approved as written in the staff report.
Condition #11c & d - Change "Prior to building permit" issuance
to "Prior to certificate of occupancy issuance". Nygren said staff
agrees with that amendment.
Conditions #21, #24 & # 28 — Staff agrees to the amendments to
all three conditions.
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 114
ROLL CALL
The original motion to approve the planned unit development &
preliminary plat for TKG Spring Prairie Development Four, with
the amendments to the conditions listed above, passed
unanimously on a roll call vote.
BOARD MEMBERS
Steve Lorch & Doug Kauffman were reseated.
RETURNED TO THEIR SEAT
OLD BUSINESS:
Flathead High School Parking District is going to city council for
a work session on March 23, 2015.
NEW BUSINESS:
Jentz noted there will be a board meeting next month. The agenda
will include an agency exemption from Flathead County for work
on the historic jail/juvenile detention remodel. And the
rules/bylaws of the Kalispell City Planning Board will be
discussed.
ADJOURNMENT
The meeting adjourned at approximately 9:40 p.m.
NEXT MEETING
The next regular planning board meeting is scheduled for April 14,
2015 beginning at 7:00 p.m. and located in the Kalispell City
Council Chambers, 201 1 st Avenue East, Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / 115
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of March 10, 2015
Page 115
ESTIMATED COST OF SERVICES ANALYSIS (100% Build Out Scenario)
Project Name: Town Pump - 895 W Reserve Dr.
Date 3/4/2015
Calculated By: Kalispell Planning Department
Number of acres proposed to be annexed:
Number of commercial lots to be annexed:
Total square footage of all the lots to be annexed:
Estimated market value of all properties at 100% build out:
4.14
1
192,000
$2,820,000
1. COST OF SERVICES
UNDEVELOPED
ACRES
DEVELOPED ACRES
COST/ACRE (2014)
TOTAL
Fire FY15 budge $2,675,306
0
4
$ 107.37
$ 473.50
Police(FYI 5 budget $4,218,219
0
4
$ 173.33
$ 764.39
General Gov't Services (FY
budget $5,249,874)
0
4
$ 167.50
$ 738.68
Subtotal
$ 1,976.56
SERVICE
NO. OF UNITS
COST/UNIT
TOTAL
Roads Lineal feet of road to be maintained
0
$ 5.05
$ -
Water based on number of ERUs
0
$ 185.51
$
Sewer based on number of ERUs
0
$ 168.51
$
Wastewater Treatment based on number of ERUs
0
$ 227.38
$ -
Stormwater (calculated at a impervious
surface rate of 6 ERUs/Acre)
0
$ 67.87
$ -
Subtotal
$
TOTAL ANTICIPATED COST OF SERVICE
2. ANTICIPATED
CITY ASSESSMENT REVENUE GENERATED
Totalsquare footage to be annexed:
192.000
Number of lots:
1
ASSESSMENT
AVE SQ FT
FY15 ASSESSMENT
TOTAL
Storm sewer assessment Res. 5644 :
192,000
0.00999
$ 1,918.08
Street maintenance assessment Res. 5643 :
49.680
0.021816
$ 1,083.82
Urban forestry assessment (capped $300 per lot Res. 5641 :
49,680
0.00171
$ 84.95
Light maintenance assessment (capped at
$300 per lot):
49.680
0.003
$ 149.04
Average water and sewer bill
$ 750.00
$ 750.00
SUBTOTAL ANTICIPATED REVENUE FROM ASSESSMENTS PER LOT =
$ 3,985.90
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS FROM ALL LOTS =
$ 3,985.90
3. TAX REVENUE
Estimated market value of property:
$ 1,900,000.00
NO. OF UNITS
VALUE PER PROPERTY
TOTAL
Total assessed value:
1
$ 807,714.00
$ 807,714.00
TOTAL ASSESSMENT
2014 REAL ESTATE TAX
I TAXABLE VALLI,
Total taxable value:
$ 807,714.00
0.0266
$ 21,485.1�!
2014 MILLS LEVIED
TOTAL
Tax revenue for all functions based on 713.7 mill levy):
0.7137
$ 15,333.9<
TOTAL CITY TAX REVENUE (based on 187.8 mill levy) _ $3,976.91
(PACT FEES
UNIT
QUANTITY
COST PER UNIT
Total Sewer Impact Fee*
ERU
0
$ 5,757.00
$0.00
Total Water Impact Fee
ERU
0
$ 2,567.00
$0.00
Total Storm Impact Fee.
ERU
0
$ 1,121.00
$0.00
Total Police ImpactFee:
Comm. Sq. Footage
100
$ 13.00
$1,300.00
Total Fire ImpactFee:
Comm. Sq. Footage
100
$ 240.00
$24,000.00
Total Project Impact Fee
1 $25,300.00
5. TOTAL ANTICIPATED REVENUE GENERATEDTO THE CITY ITEMS 2 AND 3 $7,962.81
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY ITEM 4 $25,300.00
7. NET REVENUE TO THE CITY PER YEAR ITEM 5 - ITEM 1 $5,986.24
Aoqi
KALIS
PLANNING FOR THE FUTURE
PI-4 '4J L
MoNTANAL
PFanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/alanning
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: Eureka Town Pump Inc.
MAIL ADDRESS: 600 South Main Street
CITY/STATE/ZIP: Butte, MT 59702 PHONE:
INTEREST IN PROPERTY: Owner/Developer
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: Big Sky Civil & Environmental
MAIL ADDRESS: P.O. Box 3625
CITY/STATE/ZIP: Great Falls, MT 59403
INTEREST IN PROPERTY. Consultant/Engineer
(406) 497-6860
PHONE: (406) 727-2185
PLEASE COMPLETE THE FOLLOWING:
Address of the property: 859 West Reserve Drive, Kalispell, MT 59901
Legal Description: TR 4FB in I_ot 4, Assr #0000974760 & TR 4H in SW4SW4 Assr #0000014367
(Lot and Block of Subdivision; Tract #)
Section 30, Township 29N, Range 21W
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 1.43 acres + 2.71 acres = 4.14 acres total
Current estimated market value $1.9 million at 50% build out $2.36 million
at 100% build out $2.82 million
Is there a Rural Fire Department RSID or Bond on this property Yes No (To Be Determined)
If yes remaining balance is $
The present zoning of the above property is: District: Evergreen County Zoning: R-1
The proposed zoning of the above property is: B-2: General, Central Business, Industrial Business
State the changed or changing conditions that make the proposed amendment necessary:
Applicant wishes to be served by City W&S utilities and services, and will abandon existing onsite septic
system and existing well. Proposed development requires public water supply and offsite wastewater
treatment and disposal.
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection during the annexation process.
/ s Zois
(Applicant) F-M&PAit-F-A U"O GYA-F (Date)
OF EtAR1_ K4 T0W 1 rP14mP114jC
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the West Valley Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
Petitioner/Owner D to
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
STATE OF MONTANA )
ss
County of F4a4r -a-d County
On this 5 day of , ZQ6—before me, the undersigned, a Notary Public for
the State of Montana, personally app aced rii zA �, } _ known
to me to be the person whose name is subscribed to the foregoing instrument d acknowledz ed
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in mis cernricate trst above written.
- N q MONICA A BURT
NOTARY PUBLIC for the
S zte of Montana
SEAL Res;, ng x Butte, Montana
`�s� My C,mmission Expi-es
FeblZry 17, 2016
S
ss
County of Flathead County
Residing at'A=j_,_j
My Commission expires:
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
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VICINITY MAP SCALE 1" = 50'
EUREKA TOWN PUMP, INC. - CONVENIENCE STORE & CASINO
REQUEST FOR ANNEXAION AND INITIAL ZONING OF B-2 GENERAL BUSINESS AND A
CONDITIONAL USE PERMIT TO LOCATE A CONVENIENCE STORE AND CASINO AT 859 WEST
RESERVE DRIVE - DIRECTLY EAST OFTHE INTERSECTION OF HWY 93 NORTH AND WEST
RESERVE DRIVE AND THE EISINGER MOTORS COMPLEX.
PLOT DATE 2/10/15
FILE# KA-15-01 & KCU-15-01 HAgislsite\ka15 01-kcu14 01-Town Pump - WReserve dwg
CERTIFICATION
APPLICANT: Eureka Town Pump, Inc. - Convenience Store & Casino
FILE NO: KA-15-O 1 / KCU-15-01
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where an annexation & initial zoning and
conditional use permit has been requested.
Date:
S-T-R: 30-29-21
Tract/Lot: Tract 1, Certificate of Survey 19815
Property Owners/Owner Representative:
Eureka Town Pump, Inc.
600 South Main Street
Butte, MT 59701
Big Sky Civil & Environmental
P.O. Box 3625
Great Falls, MT 59403
AND ATTACHED LIST
Eureka Town Pump, Inc. Big Sky Civil & Environmental Swank Properties
600 South Main Street P.O. Box 3625 P.O. Box 568
Butte, MT 59702 Great Falls, MT 59403 Valier, MT 59486
Inland Western Kalispell
Mountain View
P.O. Box 9273
Oak Brook, IL 60522
Hillfield Holding Montana, LLC
Gregory F Pyle
AD% Enlow Real Estate Services
409 Wise Street
Bowie, TX 76230
Eisinger Properties, LLC
107 Old Highway 93 South
Somers, MT 59932
Stillwater Corporation
P.O. Box 7338
Kalispell, MT 59904
State of Montana
DNRC
655 Timberwolf Parkway
Kalispell, MT 59901
Thunderbird Associates, Inc.
2244 Darwin Circle
Henderson, NV 89014
Eisinger Properties, LLC
P.O. Box 3005
Fargo, ND 58108
FVCC Board
777 Grandview Drive
Kalispell, MT 59901
Flathead County Commissioners
800 South Main Street
Kalispell, MT 59901
Rocky Mountain Bank
2405 Highway 93 North
Kalispell, MT 59901
R. Thompson Farms, LLC FKA
P.O. Box 2294
Kalispell, MT 59903
HD Development of Maryland, Inc.
AD% Home Depot USA, Inc. #3105
P.O. Box 105842
Atlanta, GA 30348
State of Montana
Department of Highways
2701 Prospect Avenue
Helena, MT 59601
PLANNING FOR THE FUTURE
Planning Department
201 lot Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
r .ka pell.com/planniw
You are being sent this notice because you are a property owner within 150 feet of the proposed project noted
below and will be most directly affected by its development. You have an opportunity to present your
comments and concerns to the Kalispel_ Planning Department. You may come ,nto'he office 'n person at the
above address or you may contact the office at (406) 758-7940 for additional information. Written comments
may be submitted to the Kalispell Planning Department prior to the submission date, or emailed to us at
NOTICE OF PUBLIC HEARING
REGULAR MEETING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
March 10, 2015
A regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for
Tuesday, March 10, 2015, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell
City Hall, 201 First Avenue East, Kalispell. The planning; board will hold a public hearing and take
public comments on the following agenda item. The Board will make recommendations to the Kalispell
City Council who will take final action.
Eureka Town Pump, Inc. is requesting permission to convert the existing buildings at �59 West Reserve
Drive into a convenience store and casino requiring the following applications. The site is located .1 miles
east of Highway 93 on the previous site of the "River Church". The property proposed can be described
as Tractlof Certificate of Survey #19815, in the Southwest Quarter of Section 30, Township 29 North,
Range 21 West, P.M.,M., Flathead County, Montana.
1. Annexation - A request for annexation of the 14.14-acre parcel into the City of Kalispell with a.i
initial zoning of B-2 (General Business) upon annexation.
2. Conditional Use Permit - A request for a conditional use permit to convert the two existing structures
on the property into a convenience store and casino. Casinos are permitted provided a Conditional
Use Permit is obtained in accordance with Section's 27.13.030 and 27.34.040 of the Kalispell Zoning
Ordinance. In addition, the applicant is constructing a new 4,700-s.f. canopy over fuel islands and
expanding the parking facilities. The property owner wants to be served by City water and sewer
facilities, and will abandon the existing onsite septic system and well.
Documents pertaining to the agenda item are on file for public inspection at the Kalispell Planning
Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during
regular office hours. In addition, information on the agenda item is posted on our website at
www.kalispell.com/planniunder "Planning; Board Agenda & Staff Reports".
Interested persons are encouraged to attend the hearinn and make their views and concerns known to th(
Board.
-Planned Unit D'dvelopment
Overlay Zone - This Is a zoning
tool that Will serve to allow
fiex1bility in layout and improve
overall design for the entire 28
acres. Phases 1=3 of Spring
Prairie are part Of the orllglnal
Spring Prairie PUD. A new PUD
will be crafted but It is proposed
to greatly resemble the existing
PUD standards and provisions.
-Subdivision Approval - The
applicants are submitting a 14 lot
preliminary plat for review to
accommodate 14 building pads.
This process Insures the proper
rian
ning and oversight of public
ervices such as water, sewer,
.torm water, streetfs,
Intersections, traffic control, etc.
tare provided for.
�2.Eureka Town Pump, Inc. Is
requesting permission to convert
the existing buildings at 859
West Reserve Drive Into a
.convenience store and casino
�reyyuIrIng the following
s.applications. The site is located
1 miles east df Highway 93 on
`the previous site of the "River
..Church". The Property proposed
can be descr bed as Tracts of
Certificate of Survey #19815, In
tthe 5W4 Section 30, Township
r29N, Range 21 W, P.M.M.,
Flathead County, Montana:
,,-Annexation,- A request for
annexation of the 14.14-acre
parcel into the City of Kalispell
with an initialzoning of 13-2
(General Business) upon
annexation.
-Conditional Use Permit - A
mequest for a conditional use
permit to convertithe twdtexisting
structures on the -property Into a
convenience store and oasino.
Casinos are permitted provided
a Conditional .Use Permit is
Obtained in accordance with
Sectivn's 27.13.030 and
27.34,040 of the Kalispell Zoning
Ordinance. in addition, the
applicant is constructing a new
4,70.0-s.f. canopy over fuel
islands and expanding the
parking facilities. The property
owner wants to be served by
City water and sewer facilities,
and will abandon the existing
onsite septic system and well.
Documents pertaining"to the
agenda Items arse on file for
ppublic Inspection at the Kalispell
Planning Department, 201 First
Avenue East, Kalispell, MT
publliic,rev ewrduringable for
regular
office hours. In addition,
Information on the agenda Items
Is posted on our webslte at
www.kalispell.com/planning
under "Planning Board Agenda
& Staff Reports".
intereisted persons are
encouraged to attend the
hearings and present their views
and concerns to the Board.
Written comments may be
submitted to the Kalispell
PlannIn� I Department at the
above address, prior to the date
of the hearing or work session,
or you may .Cali us at (406)
75:8-7940, or e-mail us at
pianntng@kaiispeii.com for
additional Information.
/sl Thomas R. Jentz
Thomas R. Jentz
Planning & Building Director
Feb. 24, 2015
MNAXLP
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisoell.com/plannin�
REPORT TO: Doug Russell, City Manager �)L
FROM: Jarod Nye-.ren, Senior Planner
SUBJECT: Eureka Town Pump Inc. requests permission to operate a Conditional
Use Permit in the B-2 (General Business) Zone
MEETING DATE. April 6, 2015
BACKGROUND: Eureka Town Pump. Inc. is requesting permission to convert the existing
buildings, at 859 West Reserve Drive, into a convenience store and casino. The request for a casino
in the B-2 Zone requires a Conditional Use Permit (CUP). Casinos are permitted within the City of
Kalispell, provided a CUP is obtained in accordance with Section's 27.13.030 and 27.34.040 of the
Kalispell Zoning Ordinance.
The project site is located A miles east of Highway 93 on the previous site of the "River Church".
The property can be described as Tract 1 of Certificate of Survey #19815. in the SW4 Section 30,
Township 29N, Range 21 W, P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing March 10, 2015, to consider the
application request. Staff presented staff report KCU-15-01 providing details of the proposal and
evaluation. Staff reported that the proposed CUP was compatible with the surrounding land uses and
also consistent with the Kalispell Growth Policy Future Land Use Map, which designates the area a•.
commercial. Staff recommended that the Planning Board adopt the staff report as findings of fact and
recommend the City Council approve a conditional use permit.
During the public hearing, two members of the public spoke in opposition of the project. Their
primary concerns were the casino use itself, due to its detrimental effects, and the proposed location
north of Idaho Street. Currently there are no casinos within city limits, on the north end of the city.
After the public hearing was closed, a motion was made to adopt staff report KCU-15-01 as findings
of fact, and recommend to the Kalispell City Council that the conditional use permit be approved
subject to the nine conditions. Board discussion included the casino use itself, signage of the casino
and the proposed location north of town. Specifically, the Board wanted clarifications as to why there
were no casinos north of Idaho right now. Staff clarified that although there were no casinos in the
north area of town at this time, there was no restriction of casinos, as long as they were located 300
feet from sensitive uses. After some additional discussion, the motion was approved on a roll call
vote of 5 in favor and 1 opposed.
RECOMMENDATION: It is recommended that the City Council approve conditional use permit
KCU-15-01, with the nine conditions of approval.
FISCAL EFFECTS: No effects are anticipated.
ALTERNATIVES: Deny the request.
Re,54t,.ctfully submitted,
y
/a,od Nygren
Senior Planner
Report compiled: March 23, 2015
ATTACHMENTS: Minutes of the March 10, 2015, Kalispell Planninr Board
Application Materials
cc: Aimec Brunckhorst, Kalispell City Clerk
PLANNING FOR THE FVTURE
Planning Department
201 1-t Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.coml planning
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: Convenience Store and Casino
OWNER(S) OF RECORD:
Name: Eureka Town Pump, Inc. (currently Eisinger Properties, LLC)
Mailing Address: PO Box 6000
City/State/Zip: Butte, MT 59702
Phone:
406-497-6860
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: Joseph N Murphy, P.E., BSC&E (please also send to address shown above)
Mailing Address: PO Box 3625
City/State/Zip: Great Falls, MT 59403
Phone:
406-727-2185
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street
Address:
859 West Reserve Drive
Sec. Town- Range
No. 30 ship 29N No. 21 W
Subdivision COS 19815 Tract Lot Block
Name: No(s). 1 No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
Existing: Evergreen R-1, Proposed: B-2: General, Central Business, Industrial Business
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
h. Existing and proposed landscaping and fencing;.
1
3
n
On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
b. Access to and circulation within the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
L Screening and buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses.
j. Hours and manner of operation.
k. Noise, light, dust, odors, fumes and vibration.
Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans 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 or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
� AOt5
ApplI6 ant Signature F AiG W F- e R ON 9514AL F Date
OF C-uRCKA -MN4 Pump we
N
February 5, 2015
Eureka Town Pump, Inc.
859 West Reserve Drive
C.U.P. Supplemental Narrative
The following paragraphs contain a brief discussion of each topic outlined under item 3 of the
City of Kalispell's Application for Conditional Use Permit.
Traffic Flow and Control
Town Pump, Inc. contracted with WGM Group who prepared a traffic impact study (TIS) that
evaluates traffic movements and ingress/egress for the subject development's traffic to/from
West Reserve. The TIS was completed and submitted to the Montana Department of
Transportation's MDT Systems Impact Coordinator for review and approval. The TIS noted that
the development -generated traffic will not adversely impact traffic operations on West Reserve
Drive and no mitigating improvements are required. The TIS has been reviewed by MDT and
was conditionally approved 1/23/15. At the request of MDT, minor improvements will be made
to the approach and to the striping within West Reserve so as to accommodate WB-67 truck
turning movements. All work will be in strict accordance with MDT and City of Kalispell
requirements.
Access to and Circulation within the Prone
Please see above. Also, internal traffic movements have also been evaluated and are adequate for
the proposed fueling islands, anticipated traffic volume, and for the sizes of vehicles that are
proposed to be served by the subject development. The parking lot drive aisles will all meet or
exceed City of Kalispell requirements.
Off -Street Parkin
All parking will be off-street and will have no adverse effects on adjacent properties and
property uses. The number of parking spaces will meet or exceed the requirements of the City of
Kalispell's zoning regulations. Parking lot layout and loading/unloading areas will be consistent
with the City of Kalispell Zoning Ordinance, Chapter 27.24 Off -Street Parking Design
Standards.
Refuse and Service Areas
A dumpster will be furnished with a size and capacity necessary to serve the convenience store
and casino. An aesthetically pleasing dumpster enclosure will be constructed around the
dumpster area. Access to the dumpsters will be via gates and a concrete apron. This area will be
designed such that trash collection vehicles will have safe and reasonable access to the dumpster
pad.
CUP SUPPLEMENTAL NARRATIVE I EUREKA TOWN PUMP, INC. Pg I
Utilities
A water main will be extended across the south edge of the property from the west property line
to the east property line. The water main will provided domestic service to the convenience store
and casino, fire lines for the structures, as well as supply the site's irrigation needs. A sewer main
will be extended to the property, or a lift station will be constructed upon the property, which
will pump the wastewater to the City of Kalispell main line located east of Home Depot. These
activities will be completed in accordance with all appurtenant requirements of Montana DEQ
and the City of Kalispell's PWD.
An onsite storm water collection and conveyance system currently serves the property and
discharges into the MDT detention and treatment system located east of the property and
adjacent to the Stillwater River. The consultant will work closely with NOT to ensure the system
can continue to discharge in its existing manger. It is anticipated that subsurface or surface
detention will be used to ensure that flows do not exceed predevelopment conditions. All
applicable requirements of the City Engineering Standards will be met.
Electrical service to the property will be furnished by Flathead Electric Co-op, natural gas
service will be furnished by NorthWestern Energy, and communications service will be
furnished by Charter Communications. The consultant will coordinate service installations
and/or upgrades during site design.
Screenine and Buffering
In discussions with City of Kalispell staffing, it has been established that there is no screening or
buffering required based on the intended uses.
Signs, Yards and other Oven Spaces
Signage will be designed and installed in accordance with the City of Kalispell Sign Regulations,
Chapter 27.22 of the Zoning Ordinance. The developer will work closely with the City to ensure
all sign requirements are adhered to. Open spaces will continue to exist north of the two existing
buildings on the property. This area will undergo bank stabilization activities that are presently
being designed and will be coordinated with Flathead Conservation District and all other
applicable permitting entities. The developer and their representatives have initiated discussions
with the Conservation District.
Height, Bulk and Location of Structures
The existing structures onsite will be maintained, improved and reused for the proposed
convenience store and casino. See accompanying site plan. The only other structure proposed for
the site will be a—4700-sf canopy over the fuel islands. The height of the canopy will be approx.
19.5-ft.
CUP SUPPLEMENTAL NARRATIVE I EUREKA TOWN PUMP, INC. Pg 2
Location of Proposed Open Space Uses
The only open space areas will exist on the north side of the buildings. This area will undergo
bank stabilization activities that are presently being designed and will be coordinated with
Flathead Conservation District and all other applicable permitting entities. The developer and
their representatives have initiated discussions with the Conservation District.
Hours and Manner of Operation
The convenience store will operate 24 hours per day. The casino will open at 8:00 a.m. and close
at 2:00 a.m. Each building will have an onsite manager whose operations are overseen by a
district manager. The district manager reports to Town Pump's corporate offices in Butte, MT.
Noise, Light, Dust, Odors, Fumes, and Vibration
During construction, there will be some noise, dust, and vibration that are typical of excavation,
backfilling, compaction, and embankment activities; however, these activities will be short-lived,
temporary and only during construction. Work hours will be limited if necessary to ensure noise
is not a nuisance to residences in the general area. Efforts will be made to minimize dust using
watering or dust palliative. The contractor completing site demolition and construction of the
improvements will be responsible for obtaining a County Air Quality Construction/Demolition
Permit prior to beginning construction as detailed within the City of Kalispell standards.
The parking lot, store, casino and canopy will have lighting to illuminate the property during
night hours; all lighting will be designed and constructed in accordance with industry standards
and City of Kalispell design standards, so as to ensure they are attractive and not a nuisance to
area businesses and traffic.
No unpleasant odors or fumes will be associated with the development. Due to the nature of the
business, slight gasoline and diesel fumes will exist only in the area of fueling operations, but
nothing out of the ordinary.
CUP SUPPLEMENTAL NARRATIVE I EUREKA TOWN PUMP, INC. Pg 3
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Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Eureka Town Pump, Inc.
600 South Main Street
Butte, MT 59702
(406) 497-6860
LEGAL DESCRIPTION: Tract 1 of Certificate of Survey 919815, in the Southwest Quarter of
Section 30, Township 29 North, Range 21 West
ZONE: B-2, General Business
The applicant has applied to the City of Kalispell for a conditional use permit to allow the
operation of a casino in an existing building at 859 West Reserve Drive.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
March 10, 2015, held a public hearing on the application, took public comment and recommended
that the application be approved subject to nine (9) conditions.
After reviewing the application, the record, the Kalispell Planning Department report, and
after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell
Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-15-
01 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow the operation of a casino in an existing building in the B-2, General
Business zoning district, subject to the following conditions:
A proposed site plan that complies with submitted site plan and modified by these conditions
shall be submitted to the Kalispell Site Review Committee for review and approval prior to
issuance of a building permit for any structural development.
2. Architectural rendering are required to be submitted to the Kalispell Architectural Review
Committee for review and approval prior to issuance of a building permit.
3. Electric reader board signs shall only transition from message to message. Transitions from
one message to the next that include flashing, blinking, or other animated features etc. are
prohibited. All other portions of 27.22.070 (Reader Boards) shall still apply.
4. The following on -premises signs are prohibited;
1. Any terms such as gaming, gambling, cards, dice, chance, etc.
2. Any reference to any associated activity or any symbols or words commonly
associated with gambling.
3. Any words, terms, figures, art work, or features intended or designed to attract
attention to the fact that a casino is on site.
4. Neon lighting.
5. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. The water and sewer main extension plans shall be reviewed and approved by the
Kalispell Public Works Department.
6. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the requirements of
the current City standards for design and construction.
7. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work.
8. The developer shall obtain an approach permit from the Montana Department of
Transportation for the approach onto West Reserve Drive.
9. All mitigation required as part of the approved traffic impact study shall be completed. All
improvements shall be reviewed and approved by either the Public Works Department or
Montana Department of Transportation. A letter from the Kalispell Public Works
Department or Montana Department of Transportation shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter stating that a proper bond has been
accepted for the unfinished work by the appropriate agency is required.
Dated this 6th day of April, 2015.
Mark Johnson
Mayor
STATE OF MONTANA
6x1
County of Flathead
On this day of , 2015 before me, a Notary Public, personally
appeared Mark Johnson, 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
PETITION
WE, the undersigned, object to the casino portion of the Town Pump gas station -
convenience store -casino proposal before the Kalispell City Council to be built on the lot
adjacent to Eisinger Motors at 859 W. Reserve Drive where the old River Church building
stands. We implore the City Council members not to violate the Council's longstanding
unwritten policy of prohibiting casinos north of Idaho Street. We currently are afflicted
with 24 casinos in downtown Kalispell, and we do NOT want North Kalispell contaminated.
Signature Printed Name Legal Address
am
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PETITION
WE, the undersigned, object to the casino portion of the Town Pump gas station -
convenience store -casino proposal before the Kalispell City Council to be built on the lot
adjacent to Eisinger Motors at 859 W. Reserve Drive where the old River Church building
stands. We implore the City Council members not to violate the Council's longstanding
unwritten policy of prohibiting casinos north of Idaho Street. We currently are afflicted
with 24 casinos in downtown Kalispell, and we do NOT want North Kalispell contaminated.
Signature
Printed Name
Legal Address
6. c-iwrd Avg. w , 6t. v-r
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WE,
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convenience store -casino proposal before the Kalispell City Council to be built on the lot
adjacent to Eisinger Motors at 859 W. Reserve Drive where the old River Church building
stands. We implore the City Council members not to violate the Council's longstanding
unwritten policy of prohibiting casinos north of Idaho Street. We currently are afflicted
with 24 casinos in downtown Kalispell, and we do NOT want North Kalispell contaminated.
Signature Printed Name Legal Address
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PETTI�I N 'nt'd)
to the Kalispell City Council to reject the Town Pump Casino proposal
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