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H4. CUP - Tree Frog Accessory CasinoPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager PIE FROM: Jarod Nygren, Senior Planner Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KCU-16-04 — Conditional Use Permit (CUP) for accessory casino MEETING DATE: August 1, 2016 BACKGROUND: This is a request from Dengar Properties for a conditional use permit for an accessory casino within the B-2 (General Business) Zoning District, per Section 27.13.030 of the Kalispell Zoning Ordinance. Currently the property operates as a restaurant and bar, but the request would include an area for casino gaming, as an accessory use to the restaurant. An accessory casino is limited to 20% of the floor area of the primary use, and screened from view of the primary use and patrons. The current building footprint is 5,174 square feet and the proposed gaming area is 666 square feet, or approximately 13% of the total building footprint. The property is located at 1250 Highway 2 West (Tree Frog Tavern). The property can be legally described as Lot 1, Pack Addition #91, of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing July 12, 2016, to consider the application request. Staff presented staff report KCU-16-04 providing details of the proposal and evaluation. Staff reported that the proposed CUP was compatible with the zoning, the growth policy, and the applicant has met the burden of proof requirements. Staff recommended that the Planning Board adopt the staff report as findings of fact, and recommend to the City Council that the CUP be approved, subject to six (6) conditions. During the public comment portion of the hearing, a representative of the applicant requested that condition number five (5) be amended to allow signage regarding the casino. There being no further testimony, the public hearing was closed and a motion was presented to adopt staff report KCU-16- 04 as findings of fact, and recommend to the Kalispell City Council that the CUP be approved, subject to conditions. There was brief discussion regarding the signage amendment request from the applicant; however, no motion was presented to allow for an amendment to the existing conditions. Board discussion concluded that the CUP was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the City Council approve Conditional Use Permit KCU-16-04, with the six (6) conditions of approval. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Grant of Conditional Use Letter CUP Staff Report KCU-16-04, Minutes of the July 12, 2016, Kalispell Planning Board Application Materials c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Dengar Properties 1955 Hodgson Road Whitefish, MT 59937 LEGAL DESCRIPTION: Lot 1 of Pack Addition to Kalispell, Addition No. 91. ZONE: General Business, B-2 The applicant has applied to the City of Kalispell for a conditional use permit to operate an accessory casino in an existing restaurant on Highway 2 West, in the B-2 zoning district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 12, 2016, held a public hearing on the application, took public comment and recommended that the application be approved subject to six conditions. After reviewing the application, the record, the KPD 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-16-04 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate an accessory casino in an existing restaurant in the General Business, B-2 zoning district subject to the following conditions: That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. The building permit submittal shall substantially comply with the approved plan. 3. Sidewalks, curb and gutter shall be constructed per the City of Kalispell Construction and Design Standards along the property's U.S. 2 frontage. 4. The casino area shall be generally shielded or screened from view of the restaurant and patrons. Exterior signage cannot include (a) terms such as gaming, gambling, cards, dice, chance, etc.; (b) any reference to any associated activity or any symbol or word commonly associated with gaming; or (c) any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. For purposes of this condition, exterior signage would include any signs mounted in windows or otherwise visible from the exterior of the building. 6. Neon lighting on the building is prohibited. Dated this 1 st day of Au2ust, 2016. STATE OF MONTANA : ss County of Flathead Mark Johnson Mayor On this day of , 2016 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 REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-16-04 JUNE 29, 2016 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow an accessory casino in an existing restaurant on Highway 2 West. A public hearing on this matter has been scheduled before the planning board for July 12, 2016, beginning at 6:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: Owner: Julie Smith PO Box 477 Kila, MT 59920 (406) 257-0528 Applicant: Dengar Properties, LLC 1955 Hodgson Road Whitefish, MT 59937 Location: The property is located at 1250 Highway 2 West, the Tree Frog Tavern building. The property can be legally described as Lot 1, Pack Addition #91, of Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. Size: The subject property is approximately 1.1 acres in size. Summary of Request: A request from Dengar Properties for a conditional use permit for an accessory casino within the within the B-2 (General Business) Zoning District per Section 27.13.030 of the Kalispell Zoning Ordinance. The applicant and potential buyer of the property (Dengar Properties), on behalf of the current owners of the Tree Frog Tavern (Julie & Barry Smith) plan to continue operating the establishment primarily as a restaurant which also serves liquor and has a bar. The potential buyer would also like to include an area for casino gaming as an accessory casino. An accessory casino is permitted with a conditional use permit provided it meets the requirements of Section 27.34.040 of the Kalispell Zoning Ordinance. Per Section 27.34.040 of the Kalispell Zoning Ordinance, an accessory casino is limited to 20% of the floor area of the primary use (restaurant) and shielded or screened from view of the primary use and patrons. The current building footprint is 5,174 square feet and the proposed gaming area is 666 square feet, or approximately 13% of the total building footprint, meeting the zoning requirements. Walls are proposed within the interior of the building to adequately screen the casino from the remainder of the restaurant. Existing Land Use and Zoning: The site is zoned B-2 (General Business). It contains a commercial building that is currently the Tree Frog Tavern. Adjacent Land Uses: Surrounding land uses consist of the following: West: Restaurant North: U.S. 2 and Gateway West Mall East: Restaurant South: Hotel and apartment complex Adjacent Zoning: The existing zoning and land uses of the land surrounding the subject property are as follows: West: B-2 North: B-2 East: B-2 South: B-2 Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the project site as Commercial, which provides the basis for the B-2 zoning designation. The growth policy map lists uses such as retail, offices, services, and mixed use developments as appropriate land uses in the commercial land use designation. The requested conditional use permit to use the property for an accessory casino is an appropriate land use for the property. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell 2 Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyLink Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell EVALUATION OF THE REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Space: The property is approximately 1.1 acres in size and contains an existing 5,174 square foot building that has been used as a restaurant. The lot also contains an existing parking lot that provides parking for the building. No additional parking is required. b. Adequate Access: Existing accesses to the property are from U.S. 2, with one ingress and one egress. There is adequate access to serve the building. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property which could affect the proposed use. d. Height, bulk and location of the building_ The existing building is a single story building containing 5,174 square feet, located approximately 20 feet off of the highway right-of-way. 2. Appropriate Design: a. Parking Scheme/Loading Areas: The existing parking area was designed to support a restaurant and no changes are necessary for this proposal. b. Traffic Circulation: The existing accesses from the highway provide sufficient access for the property. C. Open Space: Specific open space is not required for this use in this zone, but the majority of the lot excluding the building is occupied with parking areas and landscaping. d. Fencing/Screening/ Landscaping: As an existing developed property, the landscaping on the property is already established. Landscaping consists primarily of grass, trees, and shrubs. e. Signage: Specific plans for new signage have not yet been determined, although signs will need to be submitted to the Planning Department for 3 review for compliance with the sign ordinance. Architectural review of the signs will be required for any freestanding signs, as well as any wall signs over 50 square feet in size. f. Lighting: Section 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. No new exterior lighting is planned in conjunction with the proposed use. 3. Availability of Public Services/Facilities: a. Schools: This site is within the boundaries of School District #5. No impact is anticipated with the proposed use. b. 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. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. There are existing fire hydrants to the west and east of the building near the highway. The building currently does not have a fire sprinkler system and sprinklers would not be required under the building and fire codes because there is not a change of use pursuant to those codes. e. Water: City water currently serves the property and there is sufficient capacity within this water main to serve the proposed use. No significant change in the impact on water services is anticipated as a result of this use. f. Sewer: Sewer service is currently provided by the city. There is sufficient capacity to maintain this use and no significant change in the impact on sewer service is anticipated as a result of this use. g. Storm Water Drainage: There is adequate on -site drainage. h. Solid Waste: Solid waste pick-up is provided by the city. i. Streets: The primary street frontage and access is Highway 2, located on the north side of the property. j. Sidewalks: No sidewalks exist along U.S. 2 in front of the property. Sidewalks will be required to be constructed per the City of Kalispell Construction and Design Standards along U.S. 2 the length of the property. 4. Neighborhood impacts: The site is located in a well -established commercial area. Its impact on neighboring properties is anticipated to be consistent with other uses in the area, which include retail, offices, restaurants, and other similar 4 businesses. Many of those businesses also operate with both daytime and nighttime hours, and the impact would be similar to what would normally be expected in an area with nightlife available. S. Consideration of historical use patterns and recent changes: This area has historically included a mix of retail, office, restaurants and other commercial uses, and the proposed use would continue that pattern. 6. Effects on property values: No significant negative impacts on property values are anticipated. 7. Additional Requirements for Casinos: a. Floor Area: The current ordinance caps the amount of floor area used for an accessory casino at 20%. With a gross floor area of 5,174 square feet, up to 1,034 square feet could be in a gaming area. Under the proposal, approximately 666 square feet will be devoted to gaming. The proposed casino floor area is well below the maximum allowable area. b. Internal Screening: Casino areas should be generally shielded or screened from view of the restaurant and patrons. The proposal includes new full height walls located within the building separating the restaurant area from the accessory casino area. c. Signage: Certain types of external signage may be limited or prohibited if it contains terms or references to casinos or gambling. Neon lighting may also be limited or prohibited. A condition has been added prohibiting any signage referencing gaming and neon lighting. d. Entrances: Access to the casino would be through two internal doors, one of which would be adjacent to a side entrance. e. Landscaping: Additional landscape buffering can be required between the casino and adjacent land uses. This requirement is typically more of a consideration when there is a need to buffer a residential zone or similar use. In an existing commercial area surrounded by restaurants and other commercial uses, there isn't a particular need for landscaping beyond what is existing. RECOMMENDATION The staff recommends that the planning board adopt staff report #KCU-16-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: Conditions: 5 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. The building permit submittal shall substantially comply with the approved plan. 3. Sidewalks, curb and gutter shall be constructed per the City of Kalispell Construction and Design Standards along the property's U.S. 2 frontage. 4. The casino area shall be generally shielded or screened from view of the restaurant and patrons. S. Exterior signage cannot include (a) terms such as gaming, gambling, cards, dice, chance, etc.; (b) any reference to any associated activity or any symbol or word commonly associated with gaming; or (c) any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. For purposes of this condition, exterior signage would include any signs mounted in windows or otherwise visible from the exterior of the building. 6. Neon lighting on the building is prohibited. I KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING July 12, 2016 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were: Chad Graham, Charles Pesola, Ronalee Skees, Doug Kauffman, Rory Young, and Chris Yerkes. Steve Lorch was absent. Tom Jentz, Jarod Nygren & PJ Sorensen represented the Kalispell Planning Department. CHAIRMAN WELCOMED President Graham noted that he was not able to attend the last 2 NEW BOARD MEMBERS meetings due to the council's budget review and vacation but he wanted to officially welcome Ronalee Skees and Chris Yerkes to the board. ELECTION OF OFFICERS Pesola made a motion to nominate Chad Graham for President of PRESIDENT & VOTE BY the board. ACCLAMATION The motion passed unanimously on a vote by acclamation. ELECTION OF OFFICERS Graham made a motion to nominate Charles Pesola for Vice VICE PRESIDENT & VOTE President of the board. BY ACCLAMATION The motion passed unanimously on a vote by acclamation. APPROVAL OF MINUTES Pesola moved and Kauffman seconded a motion to approve the minutes of the June 14, 2016, Kalispell Planning Board. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT No one present wished to comment. DENGAR PROPERTIES A request from Dengar Properties for a conditional use permit for CONDITIONAL USE PERMIT an accessory casino within the within the B-2 (General Business) Zoning District. The property is located at 1250 Highway 2 West (Tree Frog Tavern). STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report, KCU-16-04 for the board. Nygren noted this is a request for a conditional use permit for an accessory casino at what is currently the Tree Frog Tavern which soon will be a Rival's Restaurant/Bar. The property is zoned B-2 (General Business) and is located at 1250 Hwy 2 West. Nygren noted that the surrounding zoning is also B-2 and the land use category of the property is commercial. Nygren reviewed the surrounding land uses, site plan and floor Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Pagel plan of the property. The casino will be located in 666 square feet of the 5,174 square foot building. Accessory casinos are permitted if they are 20% or less of the primary use. Another requirement of the accessory casino is that it is generally shielded from the primary use. Nygren noted that the owners of the Tree Frog Tavern also applied for an accessory casino, which was approved by city council. There are no changes to the conditions but they chose not to operate the casino and their conditional use permit expired. Staff recommends that the Kalispell Planning Board adopt staff report #KCU-16-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject the 6 conditions in the staff report. BOARD DISCUSSION Pesola asked in order to deny the conditional use permit the board would need to state findings of fact that would show that a casino was not suitable for the area, and Nygren said yes. Kauffman asked if they would be required to reconstruct curb, gutter and sidewalk and Nygren said that is correct, along the north side, which is the same condition that was placed on the last conditional use permit for this property. PUBLIC HEARING Kim Larson, APEC Engineering noted they are representing the applicant and do not have issues with most of the attached conditions, except Condition 5.c. that relates to casino signage. Larson said that under additional requirements for casinos certain types of external signage may be limited or prohibited. Yet the condition that is being imposed implies no casino related signage can be used. Larson provided the board with photographs of Fatt Boys Bar & Restaurant and the Flathead Liquor Store that both contain casinos, and both have the word casino on the side of the building. The owner would ask to be allowed to have a modest amount of signage related to a casino and, he added, to prohibit him from having the signage would be hurting his business due to the fact that competitors both have casino related signage. MOTION Pesola moved and Young seconded a motion to adopt staff report #KCU-16-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject the 6 conditions in the staff report. BOARD DISCUSSION Pesola said the board had already hashed out this particular CUP a few years ago when the original CUP was discussed and the area hasn't changed. He sees no reason not to approve the CUP. In regards to the signage request Pesola suggested that the prohibition of casino signage has been a condition over the last several years. Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Page 12 Nygren said a few years ago there was a small casino related sign approved with the Loading Dock/Brannigan's. Since that time amendments approved by City Council limited signage on accessory casinos and he added the same condition was placed on the new Town Pump located at the north end of Kalispell. Pesola asked if the applicant had a proposal for signage and Mr. Larson said they did not prepare one but if the board would be open to a minimal amount of signage they would submit a proposal to the Architectural Review Committee for approval. Graham asked what signage is used on the new Town Pump that relates to a casino and Nygren said it simply states Lucky Lil's. Jentz noted if this was a full -standing casino they could have signage but for an accessory casino the restrictions apply because they were not intended to compete with full -standing casinos. In this area however a full -standing casino would not be able to come in because of the distance restrictions between existing casinos and the new restrictions approved by the city council last year. ROLL CALL I The motion was approved unanimously on a roll call vote. MANN MORTGAGE A request from Mann Mortgage, LLC to annex a 4.45 acre parcel ANNEXATION into the city and zone the land B-2 (General Business) upon annexation. The parcel is located at 837 West Reserve Drive, approximately t/a mile east of U.S. 93. BOARD MEMBER RECUSED Young noted he has a conflict of interest because he is the project HIMSELF manager for Jackola Engineering, the firm assisting Mann Mortgage with this request. He will be stepping down. STAFF REPORT I Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report, KA-16-02 for the board. Nygren noted this property is located just east of the new Town Pump gas station & casino. The property is currently undeveloped, however upon annexation the applicant is proposing to build a 24,000 square foot office building. Water and sewer services are in the vicinity of the property and upon annexation extensions will be constructed to serve the property. Nygren reviewed the surrounding zoning, land uses and a vicinity map of the property. Staff recommends that the Kalispell Planning Board and Zoning Commission adopt Staff Report #KA-16-02 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 Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Page 13 be B-2 (General Business). BOARD DISCUSSION Graham noted when there were discussions regarding the Town Pump project there were concerns about the site stability, along the back side of the property, and he asked if the same concerns are along this property as well. Nygren said no that has not been a concern. PUBLIC HEARING Rory Young, Jackola Engineering, 2250 Hwy 93 South stated they are project managing and designing the site and the building on behalf of Mann Mortgage. Young or Chris Clark of Mann Mortgage would be happy to answer any questions. MOTION Kauffman moved and Pesola seconded a motion to adopt Staff Report #KA-16-02 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 DISUCSSION None. ROLL CALL The motion passed unanimously on a roll call vote. Board member Young returned to his seat. MONTANA CHIP/KRAIG A request from Montana Chip Partners and Kraig Trippel for TRIPPEL ANNEXATION annexation and initial zoning of I-1 (Light Industrial). The property to be annexed contains approximately 15,472 square feet of land currently owned by Kraig Trippel and will be added to an adjoining property owned by Montana Chip Partners that is being used as a mini -storage facility. The property is located directly east of 51 N Meridian Road. STAFF REPORT PJ Sorensen, representing the Kalispell Planning Department reviewed Staff Report, KA-16-01 for the board. Sorensen noted the board is reviewing an annexation and initial zoning but there will also be a de -annexation involved. He described the location of the property which is near the intersection of 81h Avenue WN and West Montana Street. This property is a wholly surrounded island that is currently in the county. Wholly surrounded areas cannot be annexed without a petition by council if the land that is being used for industrial purposes. Montana Chip, LLC, owns and operates the mini - storage directly west of this property and they need extra property to accommodate storm drainage as they are expanding their business. This property is a natural trade to meet this requirement. Sorensen reviewed a map of the property. Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Page 14 Sorensen provided additional information on the trade and noted the de -annexation is reviewed through city council and both the annexation and de -annexation will be considered together. Staff recommends that the Kalispell Planning Board and Zoning Commission adopt Staff Report #KA-16-01 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 I-1 (Light Industrial). The action to de -annex the second portion of land will be submitted to the City Council. After a Resolution of Intent and comment period as detailed in state statutes, the City Council will consider both the annexation and the de -annexation at the same meeting. BOARD DISCUSSION Pesola asked how is the de -annexation addressed in the recommendation and Sorensen stated it is separate and further explained the process. The board is only dealing with the annexation and initial zoning of the property to be annexed. Young noted that the letter from Montana Chip states at the time the main rail is removed and service is suspended the private rail line will be abandoned. He asked if the easement area is BNSF R/W and Sorensen said no, it is privately held. He explained further. Jentz said in railroad language it is called an industrial spur which is privately owned, privately built, and privately managed and maintained. Young asked is someone has confirmation that the rail line is coming out and Jentz said if it doesn't come out with the TIGER grant to develop the CORE area it will at some point in the future due to lack of users. The purpose of that condition is to clarify the ownership and responsibility of the line and clean up the property. Graham asked if there are any buildings in the area and Jentz noted there may be a small corner of a building on the property however, the annexation/de-annexation will clean up that situation as well. PUBLIC HEARING No one wished to speak and the hearing was closed. MOTION Young moved and Kauffman seconded a motion adopt Staff Report #KA-16-01 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 I-1 (Light Industrial). BOARD DISCUSSION None. Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Page 15 ROLL CALL To motion was approved on a roll call vote. OLD BUSINESS None. NEW BUSINESS Nygren noted a 2 lot minor preliminary plat application will be reviewed next month, located on the far south end of Woodland Drive. The subdivision would allow for townhomes on the property. ADJOURNMENT The meeting adjourned at approximately 6:40 p.m. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on August 9, 2016, located in the Kalispell City Council Chamber, 201 1" Avenue East, Kalispell, beginning at 6:00 p.m. Chad Graham President APPROVED as amended/submitted / /2016. Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Page 16 PLANNING FOR THE FUTURE Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com / planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: RESTAURANT/BAR W/ ACCESSORY CASINO OWNER(S) OF RECORD: Name: JULIE SMITH Mailing Address: PO BOX 477 City/State/Zip: KILA, MT 59901 Phone: (406) 257-0528 (Home) (406)253-4199 (Cell) PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: DENGAR PROPERTIES LLC Mailing Address: City/State/Zip: _ 1955 HODGSON RD. WHITEFISH, MT 59937 Phone: (406)862-5561 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street 1250 HWY. 2 WEST Sec. 12 Town- 28N Range 22W Address: No. ship No. Subdivision PACK ADDITION #91 Name: Tract Lot 1 Block No(s). _ No(s). No._ 1. Zoning District and Zoning Classification in which use is proposed: B-2 GENERAL 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. 0 3. 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. f Screening and buffering. 9. 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. 4. 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 PRA"Cless. � Date �ngir�eering Date: June 6, 2016 To: Kalispell Planning Department 201 V Avenue E. Kalispell, MT 59901 Re: Conditional Use Permit Narrative for the future "Rivals" Restaurant/Bar 1250 Hwy. 2 West Kalispell, Montana 59901 This document is provided as a supplement to the Conditional Use Permit Application in order to provide additional information relative to the proposed use. Background information: The property is located at 1250 Hwy. 2 West and is currently known as the Tree Frog Tavern. The applicant and potential buyer, (Dengar Properties) on behalf of the current owners of the Tree Frog Tavern (Julie & Barry Smith) plans to continue operating the establishment primarily as a restaurant which also serves liquor and has a bar, but would like to include an area for casino gaming as an accessory casino requiring a conditional use permit. The current building footprint is 5,174 sq. ft. The proposed gaming area would be 666 sq. ft.. The new owner proposes to relocate an existing wall and provide 2 new doors to separate the casino area from the remainder of the restaurant. a: Traffic flow and control - The property lies adjacent to Hwy. 2 West. Access to and from the site will be via the highway. There are currently four driving lanes and a left turn lane. b: Access to and circulation within the property - Access to the site will be from the east bound right hand lane or west bound from the left turn lane to the existing one way drive on the west side of the building. This feeds two - one way parking lanes continuing around the back of the building to the east side of the lot. Access from the site will be via the one way drive on the east side of the building exiting onto Hwy 2 west. The existing left and right out traffic is anticipated. There is an additional access drive from the rear of the lot which connects to the existing Hampton Inn parking. c: Off-street parking and loading - There are 61 existing diagonal parking spaces. These include 3 handicap spaces, 2 of which are van accessible. The majority of the parking is on the sides and rear of the building. Civil APEC, Inc. Structural 2593 Hw 2 East, Suite 3, Kalispell, MT 59901 Tel 406.7.55.APEC Fax 406.755.1310 www.APEC-MT.coni Page 2 of 3 d: Refuse and service areas - The existing restaurant is serviced from the rear of the building from the east bound drive lane on the south side of the building. Existing trash receptacles are located on the south side of the building. e: Utilities and Services - Sewer service: - Water service: - Solid waste: - Gas: - Electric: - Phone: - Police: - Fire. - Schools: City of Kalispell City of Kalispell City of Kalispell Northwest Energy Flathead Electric Coop CenturyLink City of Kalispell City of Kalispell School District #5, Kalispell f. Screening and Buffering - There is a considerable amount of existing landscaping on the property as previously developed which helps buffer the site from adjacent properties. The landscaping consists primarily of trees, shrubs and grass. There is a split rail fence along the property line on the east. A small enclosed area exists on the south side of the building which can be used for concealment of solid waste, etc.. g: Signs, yards and other open spaces - Specific plans for new signage for new signage have not yet been developed, although signs will need to be submitted to the planning department for review for compliance with the sign ordinance. Architectural review of the signs will be required per city regulations. The only reference to gaming will be a small sign over the entrance on the east side of the building. Aside from the building and parking areas, the remainder of the site is fairly heavily landscaped. h: Height, bulk, and location of structures - The existing structure has a footprint of 5174 sf. . located on the front half of the site. The central (tallest) portion of the building is approximately 20 ft. in height. is Location of proposed open space uses - Specific open space is not required for this site, but as mentioned, aside from the building and parking areas, the remainder of the site is fairly heavily landscaped. j: Hours and manner of operation - The new restaurant and accessory casino would be expected to operate during both daytime and nighttime hours as is currently the case. Page 3 of 3 k: Noise, light, dust, odors, fiimes and vibration - The proposed change of use should have no additional impact in regards to noise, light, dust, odors, fumes and vibration than that of its existing use which is minimal. As a restaurant, there may be cooking odors generated at times, but no more so than the adjacent restaurant uses. Please feel free to contact APEC Inc. with any questions or concerns during your review process. Sincerely, Kim T. Larson APEC, Inc. Enclosures As Listed Above Cc: Project File #160520 \\SKYWALKER\Projects\_APEC lobs\Ohs-I60520\Des1gn DocUmenls\Conditional Use Permit\C.U.F. Narrciive.doc 1250 Highway 2 W SECTION 12, T.28N., R.22W. NORTH Assessor0067735 u�� ,►�.«� ®Subject Property ®15Oft. Mailing List o° O ti y i 6.11 W = •s. 44 G 4 .,tip i y a Jy i r + -.+ r • 1ft� F kr #fit° y :_ iN R •i7'~::i:'..� r- �p '..� fA " - I Ot 1k r ro. 1 1 , "P_WA % s A IL A0 Date: June 21th, 2016 Kalispell Planning Dept. 0 150 300 File Path: I\2016\mailings\06212016 Feet CERTIFICATION APPLICANT: Tree Frog Tavern/Accessory Casino Conditional Use Permit FILE NO: KCU-16-04 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 a conditional use permit has been requested. Date: r S-T-R: 12-28-22 Tract/ Lot: 1 Property Owners/Owner Representative: Julie Smith PO Box 477 Kila, MT 59920 Dengar Properties, LLC 1955 Hodgson Road Whitefish, MT 59937 AND ATTACHED LIST Julie Smith Dengar Properties, LLC PO Box 477 1955 Hodgson Road Kila, MT 59920 Whitefish, MT 59937 Deloris Group, LLC Appleway, LLC 354 Blue Spruce Lane 309 1 " Avenue East Kalispell, NIT 59901 Kalispell, MT 59901 Carisch Brothers Cross Enterprise Restaurants, Inc. 681 Lake Street, Ste 262 PO Box 7337 Wayzata, MN 55391 Kalispell, NIT 59904 Westside CCC, Inc, PO Box 8345 Kalispell, NIT 59904 Spring Creek Development, LLC 12906 N Addison Street Spokane, WA 99218 Julienne R. Smith 1250 US Hwy 2 West Kalispell, NIT 59901 Planning Department 201, 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning You are being sent this notice because you are a property owner within 150 feet of one of the proposed projects noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns to the Kalispell Planning Department. You may come into the office in 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 Planning (it`k.alis eR cqM. NOTICE OF PUBLIC NEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION JULY 12, 2016 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, Jett• 12, 201 k. beginning at 6:00 PIN[ 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 agenda items listed below: File # KCU-16-04 — A request from Dengar Properties for a conditional use permit for an accessory casino within the within the B-2 (General Business) Zoning District per Section 27.13.030 of the Kalispell Zoning Ordinance. Currently the property operates as a restaurant and bar, but the request would include an area for casino gaming as an accessory use to the restaurant. An accessory casino is limited to 20% of the floor area of the primary use and screened from view of the primary use and patrons. The current building footprint is 5,174 square feet and the proposed gaming area is 666 square feet, or approximately 13% of the total building footprint. The property is located at 1250 Highway 2 West (Tree Frog Tavern). The property can be legally described as Lot 1, Pack Addition #91, of Section 12, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana. 2. File # KA-16-02 — A request from Mann Mortgage, LLC to annex an 4.45 acre parcel into the city and zone the land B-2 (General Business) upon annexation. The parcel is located at 837 West Reserve Drive, approximately '/ mile east of U.S. 93. The property is currently undeveloped, however, upon annexation the applicant is proposing to build a 24,000 square foot office building. Water and sanitary sewer service are in the vicinity of the property and upon annexation extension will be constructed to serve the property. The property proposed for annexation can be legally described as Tract 2 of Certificate of Survey #19815, of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana. File # KA-16-01 — A request from Montana Chip Partners and Kraig Trippel for annexation and initial zoning of I-1 (Light Industrial). The property to be annexed contains approximately 15,472 square feet of land currently owned by Kraig Trippel and will be added to an adjoining property owned by Montana Chip Partners that is being used as a mini -storage facility. The property to be annexed is currently in the southwest part of Tract lAE in Section 7, Township 28 North, Range 21 Nest, P.M.,M., Flathead County, Montana (Parcel 1 of Certificate of Survey 18419). Documents pertaining to the agenda items 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 { u 4i1 1 11.c(i17r p1a,1111. �,, under "Planning Board Agenda & Staff Reports". Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board.