Town Pump RequestCity of Kalispell
Past office Box 1997 - Kalispell, Montana 59903--1997 -- Telephorie (406) 758-7 Fax - (406) 758-7758
REPORT TO: Honorable Mayor and City Council
FROM : Tom Jentz, Planning Director
James H. Patrick, City Manager
SUBJECT: Town Pump Conditional Use Permit
(Highway 93 South/Cemetery Road)
MEETING DATE: December 181, 2006
BACKGROUND: On February 6, 2006, the City Council approved a conditional use permit
("CUP") for an addition to be built onto the Town Pump on the south end of town. The CUP
contains a provision which states:
S. In order to address pedestrian circulation and in lieu of a sidewalk, the
applicants shall extend a minimum 10 foot wide bike path along the
frontages of both Cemetery Road and US 93 and provide the necessary
extensions to accommodate a crosswalk at Cemetery Road to connect with
the pedestrian features on the north side of Cemetery Road. A R/W permit
will be required from the Flathead County Road Department and MDT
should the applicant place these structures in the RAV.
As we have worked with Town Pump through site review, they have met all of the relevant
conditions with the exception of the bike path. They were not able to receive approval from
MDDT due to the lacy of an overall bike path plan for the area. Instead, they would be willing to
accept a sidewalk extending the existing profile in place on the north side of Cemetery Road (in
fact, there is an existing segment of sidewalk along the northeast corner of the Town Pump
property) or a payment -in -lieu. Town Pump has since submitted a plan for sidewalks which has
received preliminary approval from MDT and, we understand, from the County as well.
Given the language in the CUP stressing the bike path in lieu of a sidewalk, it is not clear
whether a sidewalk or a payment -in -lieu would be acceptable and, if it is, whether the Council
implicitly intended to allow those options without a formal amendment if the bike path were to
be denied by MDT and/or Flathead County.
Staff needs direction. Is it appropriate to substitute a 10 foot wide bike path as provided for in
Condition #S with a five foot wide sidewalk given the constraint that MDT will not approve a
bike path on their R/W without a bike path design for the entire stretch of highway from 4-
Corners to ardner's Trailer Sales where the current formal bike path will terminate?
RECOMMENDATION: Staff recommends that the council provide a clarification of the
intent behind the language in the CUP and in so doing, either accept the modified condition as
proposed by Town Pump or direct Town Pump to develop the bike paths as required. If the
council accepts the modified proposal of a sidewalk in lieu of a bike path, the council should
determine whether this is a minor and inconsequential change to be handled at the administrative
level or if the council would like to formally act on this change at a public meeting.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Tom Jentz James H. Patrick
Planning Director City Manager
Deport compiled December 12, 2006
Attachments
2006058 1`5615*ZOSO
Return to,
Theresa White
Kalispell City Clerk
PG Box 1997
Kalispell, ITT 59903
APPLICANT:
LEGAL DESCRIPTION-.
ZONE:
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P
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City of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-199 7
GRANT OF CONDMONAL USE
Montana Commerce, LLC
Po Box 6000
Butte, MT 59 70 -6000
Assessor's Tract 5A in Section 29, Township 28 North, Range 21
'west, P.M. ., Flathead County, Montana
Bw2, General Business, upon annexation and initial zonzng
The applicant has applied to the City of Kalispell for a conditional use permit to allow the
construction and operation of a 2,721 square foot casino/tavern in connection with an existing Town
Pump convenience store and gas station.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
January 10, 2006, held a public hearing on the application, tools public comment and recommended
that the applieation be denied due to the casino's proximity to a county residential zone.
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
o ning ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KKCJw05
11 (Amended) as the Councils findings of fact, and issues and grants to the above -described real
property a conditional use permit to allow the construction and operation of a casino/tavern in
connection with an existing Town Pump convenience store and gas station in the B-2, General
Business zoning district., upon annexation and initial zoning, subject to the following conditions as
amended by the City Council at a workshop:
1. The proposal will be developed in substantial conformance with the approved site plan and
other application materials. That the conditions associated with this permit shall be met prior
to use of the building addition and operation of the tavern casino.
2006058 1 3545 o
2. If the applicant has not secured a building permit from the State of Montana at the time of
annexation, the applicant will be required to secure a building permit from the city of
Kalispell prior to the commencement of work on the structure.
The applicant shall comply with all building and fire codes prior to occupancy of the building
addition and operation of the tavern/casino.
4. An additional 27 spaces shall be added to the overall parking plan to brM9 the total to 50
assuming 23 existing parking spaces. These spaces shall be designed in accordance with the
city parking standards as found in the Kalispell Zoning ordinance. The parking plan shali be
submitted to the city Site Review Committee for approval prior to issuance of a building
pennit.
5. In order to address pedestrian eixculatlon and in lieu of a sidewalk, the applicants shall
extend a rninimurn 10 foot wide bike path along the frontages of both Cemetery Road and
US 93 and provide the necessary extensions to accommodate a crosswalk at Cemetery Road
to connect with the ,pedestrian features on the north side of Cemetery Road. A. w permit
will be required from the Flathead County Road Department and MDT should the applicant
place these structures in the R/W.
6. The applicant shall be required to hook up to city sewer and water prior to occupancy of the
tavern/casino.
7. The pylon pole sign witb the electric reader board sign. (and all other similar signs at the time
of annexation) shall be brought into compliance with the city sign code for flashing linking
and color within one year of annexation to the city. (section 27.24.060 (1,2) Kalispell
Zoning ordinance)
8. The conditional use permit is valid for a period of 18 months from the date of authorization
after which time if the commencement of activities has not occurred the permit shall be void.
A continuous, good faith effort to design the building, obtain financing and other activities
shall be considered a commencement.
9. This project shall be submitted to the KaJispell Architectural. Review Con=*ttee for review
prior to approval of a city building penn.itx Conditions of the committee shall be complied
with and incorporated into the design of the project prior to the start of construction on the
tavem/casino.
10. Neon lighting shall not be incorporated into the total building or signage design.
11. Not more than 15% of the total signage allocation of the entire convenience store/gas
island/tavern and casino property shall be allocated to:
a. The casino business name,*
b. Any terms such as casino, gaming, garnbling, cards, dice, chance, etc;
C. Any reference to any associated activity or any symbols or words commonly
associated with gaming;
2006058 135S o
d. Any words, terms, figures, art work or features intended or designed to attract
attention to the fact that a casino is on site.
4.
12. A minimum 5 foot landscape buffer as provided for in the zoning ordinance shall be
incorporated into all new parking areas and this condition is extended to include any existing
and all proposed parting areas along the eastern border of the property abutting US 91
Should it prove to be determined by city staff that it is not feasible to place the proposed
landscaping on private property along the Us 93 frontage because of iirnited space to
accommodate the required parking, the applicant is allowed to negotiate with MDT to allow
the required landscaping to occur in the R/W of US 93.
13. A dense vegetative screening consisting of shrubs/bushes/trees is required to be planted and
maintaianed along the west and south boundaries of the applicant* s property abutting the
casino so as to obscure the casino from view of the adjacent property owners. This
vegetative screening hedge shall grow to a mH' M* urn height of 6 feet at matuf.ty and is
intended at planting to serve as both a deterrent to trespass and visual and noise obstruction,
14. The applicant shall completely screen any outside garbage containers using a combination of
fencing and vegetation so that such containers can not be viewed from any public R/W or
adjoining property.
Dated this 6th day of Februgy, Zoo .
t
ameia B. Kenn hy
Mayor
STATE OF MONTANA }
. ss
County of Flathead )
YA
On this day of , 2006 before .nee, a rotary Public, personally
appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to rare to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the same on
behalf of the City of Kalispell.
IN WITNESS WHEREOF, I bave hereunto set my hand and affixed my Notarial seal, the
day and year first above written.
i
Notary public, state of Montana
Residing at Kalispell, Montana
My Con m'ssion Expires }
From:. Bryan Angove
To: chkestle@ew-Hink.net
ew-Hirk.net
Date: 11/20/20 10:55:43 AM
Subject: Fw: Town Pump r- Four Corners - Kalispell
FYI
From: Harbin. Ray [maitto:rharbin@mt.gov]
Sent: Friday, November 17, 2006 8 : o6 AM
To: Bryan Angove
Subject: Fw: Town Pump - Four Comers - Kalispell
From: H=Dg, Stephen
Sant Thursday, Nbvember 16, 2D46 11:58 AM
To: psorcnsen@kal6peD.com
Cv: Harbin, Ray: Katy, Dwane
Subject: Town Rump - Four Comers - KaUpeH
PJ,
In discussions with Dwane Kai l ey this week the decision is that the area adjacent to US 93 at the Town
Pump going south should mirror the section of US 93 north of the intersection at Four Corners. That is
boulevard, sidewalk and landscaping the balance of the rlw west of the sidewalk. (no parking and or
paving the rlw) The bike path north is on the highway so going south it should remain the same until a
definitive separated bike path plan is completed ........
Hopefully any further concern on what MDT wants or will permit here is resolved. ....
If you have any questions regarding this give me a call at 751-2000.
thanks.... .. sl h
From: Bryan Angove
To: chkestle@earthlink.net
Date: 1216I2006 8: 5 8: 3 2 AM
Subject: FW : Town Pump12910 Hwy 93 S
This should handle the street striping
Bryan
From; Herzog, Stephen [maiIto:sherzog@rnt,,gov]
Sent: Tuesday, December 05, 2006 2:32 PM
To: Bryan Angove
Cc: Harbin,, Ray
Subject: FW: Town Purnp/2914 Hwy 93 S
YI r--
From: Herzog. Stephen
Sent: Tuesday, December 05, 2006 2:31 PM
To: orensen kalis ll.com
Cc: Harbin, Ray; Kailey, Dwane
Subject: Turn Purnp/2910 Hwy 93 S
PJ,
In a letter to Town Pump dated November 22, 2006, you identified some concern on the
part of the City over cross walk striping and the need for painting. These duties fall on
MDT and we would not expect nor want any adjacent landowner to be held accountable
for highway pavement marking within state right of way. The only exception to this is
when a new development is responsible for changing the existing highway configuration,
which physically requires adding or changing the existing traffic movement. We would
make such a stipulation in a new or revised approach permit.
I hope this will clean up the last aspect of this issue regarding the Town Pump at 4
Corners.
Let me know if you need any more information.
Sincerely,
Stephen Herzog, P.E.,
Kalispell Area Maintenance Engineer
MDT -- Kalispell
file.-HC :\Documents and Setdngs\Owner\Loca1 SettingslTemp149846E3F-924140DA-979... 12/6I2006
CHAR LES
� A a s
A. KESTLE A j
o c i a t e e I
A R C N I T
2 5 B I- A harrison are.
butte. montane 59 16 1
phone 406 723-6504
E C T S
ECEOVE
KALISPELL PLANNING DEPARTMENT
November 28, 2406 Re: Addition & Remodel
Kalispell #5 Town Pump
2910 US Highway 93
Kalispell, Montana
City Council
City of Kalispell
Kalispell, Montana
Dear Mayor Kennedy and the Council:
We are request mg on behalf of Town Pump that two of the conditions in the Grant of Conditional Use for
the above -named project be amended as follows:
We request that Condition #5 be amended to delete the bike path requirement and substitute 5 foot wide
sidewalks along Highway 93 and Cemetery Road. The reason for this request is to match conditions of
adjacent properties and to comply with MDC]T requests. A copy of a wised site plan showing the
proposed change and a letter from Mr. Stephen Herzog of MI}DT is attached.
We also request that the requirement to repaint the crosswalks at the intersection of Cemetery Road and
Highway 93 be deleted. The MDDT has assumed responsibility and authority for the crosswalks and does
not want a private entity doing this work. Town Pump has requested. from MDOT a letter to this effect.
Town Pump has also contacted Flathead County and is awaiting replies concerning these issues. In the
meantime we would respectfiffly request that this request for amendment be placed upon the Council's
agenda for consideration at the earliest possible time.
Sincerely,
Cc: Bryan Angove, DCN, Town Pump
PJ Sorensen, Kalispell Planning Office
Encl.
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