H5. CUP Casa MexicoPLANNING FOR THE FUTURE
W000411 .,
REPORT TO: Doug Russell, City Manager DF
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KCU-17-02 — Conditional Use Permit (CUP) for an accessory casino
MEETING DATE: May 1, 2017
BACKGROUND: A request from LV Enterprises INC. (Casa Mexico), for a conditional use permit
for an accessory casino within the B-2 Zoning District. Accessory casinos are permitted within the B-
2 Zoning District provided a conditional use permit is obtained per Section 27.13.030 of the Kalispell
Zoning Ordinance. The owners of Casa Mexico restaurant have obtained an all beverage liquor
license, which allows them to also have a 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 building footprint is 6,117 square feet, including a proposed 2,257
square foot addition for a new lounge/bar and casino. The proposed gaming area encompasses 641
square feet of the new addition, or approximately 11% of the total building footprint. Walls are
proposed within the interior of the building to adequately screen the casino from the remainder of the
restaurant.
The property is located at 1600 Highway 93 South. The property can be legally described as Lot 9
and the south 50' of Lot 8 of Paston Addition to Kalispell, Block 1 of Section 17, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing April 11, 2017, to consider the
application request. Staff presented staff report KCU-17-02 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 Kalispell 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 spoke in favor of
the request. There being no further testimony, the public hearing was closed and a motion was
presented to adopt staff report KCU-17-02 as findings of fact, and recommend to the Kalispell City
Council that the CUP be approved, subject to six (6) conditions. Board discussion concluded that the
CUP was appropriate, and the motion passed unanimously on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from
LV, Enterprises, INC. for Conditional Use Permit KCU-17-02, a conditional use permit for an
accessory casino with six (6) conditions of approval within the B-2 Zoning District. The subject
property is located within Lot 9 and the south 50' of Lot 8 of Paston Addition to Kalispell, Block 1 of
Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Conditional Use Permit Letter
CUP Staff Report KCU-17-02
Minutes of the April 11, 2017, 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: LV Enterprises, Inc.
1600 Highway 93 South
Kalispell, MT 59901
LEGAL DESCRIPTION: Lot 9 and the south 50' of Lot 8 of Paston Addition to Kalispell,
Block 1 of Section 17, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana.
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 at 1600 Highway 93 South, in the B-2 zoning district.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
April 11, 2017, 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-17-02 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. The casino area shall be generally shielded or screened from view of the restaurant and
patrons.
4. 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, terins, 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.
5. Neon lighting on the building is prohibited.
6. Compliance with Ordinance 1745 (airport airspace protections) shall be submitted prior to
building permit issuance.
Dated this 1 st day of Mav, 2017.
STATE OF MONTANA
M
County of Flathead
Mark Johnson
Mayor
On this day of , 2017 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-17-02
APRIL 11, 2017
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 93 South. A public hearing on this matter has been scheduled
before the planning board for April 11, 2017, 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: LV Enterprises, INC.
1600 Highway 93 South
Kalispell, MT 59901
(406) 752-6800
Applicant: Sands Surveying
2 Village Loop
Kalispell, MT 59901
Summary of Request: A request from LV Enterprises INC. (Casa Mexico), for a
conditional use permit for an accessory casino within the B-2 Zoning District.
Accessory casinos are permitted within the B-2 Zoning District provided a conditional
use permit is obtained per Section 27.13.030 of the Kalispell Zoning Ordinance. The
owners of Casa Mexico restaurant have obtained an all beverage liquor license, which
allows them to also have a 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 building footprint
is 6,117 square feet, including a proposed 2,257 square foot addition for a new
lounge/bar and casino. The proposed gaming area encompasses 641 square feet of the
new addition, or approximately 11% of the total building footprint. Walls are proposed
within the interior of the building to adequately screen the casino from the remainder
of the restaurant.
Location: The property is located at 1600 Highway 93 South. The property can be
legally described as Lot 9 and the south 50' of Lot 8 of Paston Addition to Kalispell,
Block 1 of Section 17, Township 28 North, Range 21 West, P.M.,M., Flathead County,
Montana.
Size: The subject property is approximately 1.2 acres in size.
Existing Land Use and Zoning: The site is zoned B-2 (General Business) and contains
a commercial building that is currently operated as the restaurant Casa Mexico.
Adjacent Land Uses: Surrounding land uses consist of the following:
West: Airport Road, vacant land and Animal Clinic
North: Hotel and Thrift Store
East: Highway 93 and Best Bet Casino, restaurant and office
South: Hotel, Quilt Gallery and office space
Adjacent Zoning: The existing zoning 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:
Private
Gas:
Northwestern Energy
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
Fire:
City of Kalispell
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 1.2 acres in size
and has flat topography making the entire site useable. The site is adequate
in size to accommodate the use and the required development standards.
b. Adequate Access: There are existing accesses to the property from Highway
FA
04
93 and the alleyway located at the back of the property. These accesses are
adequate to serve the building.
C. Environmental Constraints: There are no environmental constraints
apparent on the property which could affect the proposed use.
d. Height, bulk and location of the building_ The site contains an existing
3,860 square foot building that is being used as a restaurant (Casa Mexico).
The height of the existing building is approximately 26'. The owner intends
to construct a new 2,257 square foot 25' 6" tall addition to the existing
building for a new lounge/bar and casino. This addition will be to the rear of
the building and meets all of the required setback, lot coverage and height
requirements for the B-2 Zoning District. A portion of the property is located
within the runway protection zone of the Kalispell City Airport. No
structures are proposed within this area; however, prior to building permit
issuance of the addition the owner will need to submit evidence that the
addition is in compliance with Ordinance 1745. Ordinance 1745 established
airspace protections for the Kalispell City Airport.
Appropriate Design:
a. Parking Scheme/Loading Ate: As part of the expansion, the parking lot
will be expanded to provide additional parking in addition to the parking
already being provided for the restaurant. The restaurant with the proposed
addition will be 6,117 square feet. The parking requirements for the
restaurant use are as follows: one space per 100 s.f. for the first 4,000 s.f.
and one space per 200 s.f. above 4,000 s.f. Accordingly, the number of
parking spaces required is 51. The site plan indicates that 62 parking
spaces are being provided; therefore, the parking requirement is being met.
b. Traffic Circulation: The existing accesses from Highway 93 and the alley
(which is accessed off of Airport Road) provide sufficient access to the
property.
C. Open Space: All of the required setbacks are being met and no additional
open space is required for the existing use.
d. Fencing/ Screening/ Landscaping: As an existing developed property, the
landscaping on the property is already established. Additionally, 10% of the
parking area will be landscaped according to the site plan, which exceeds
the zoning requirements of 5%.
e. Signage: Specific plans for new signage have not yet been determined,
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 for any signs over 50 square feet in size.
3
f. Lighting Section 27.26 of the Kalispell Zoning Ordinance sets standards for
all outdoor lighting on commercial or residential structures.
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 since it's a commercial development.
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 is adequate access to the property from the public road
system. The restaurant is existing and the proposed 2,257 square foot
addition will be constructed to meet current building and fire code
standards for building and access.
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: Prior to receiving a building permit for the addition
the developer will need to submit a construction storm water management
plan to the Public Works Department. This plan will need to show how
storm water will be treated and where it will be directed during construction
activities.
h. Solid Waste: Solid waste pick-up is provided by a private contractor. The site
plan designates an area for a trash enclosure.
i. Streets: The primary street frontage and access is Highway 93, located on
the east side of the property. There is also an alleyway located at the west
end of the property that accesses Airport Road.
j. Sidewalks: There is an existing sidewalk located within the right-of-way of
Highway 93.
4. Neighborhood impacts: The site is located in a well -established commercial area
and has historically operated as a restaurant. Its impact on neighboring
properties would be minimal, as it is an expansion of an existing use and is
4
anticipated to be consistent with other uses in the area, which include retail,
offices, restaurants, and other similar businesses.
5. 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 expansion of the existing 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 6,117 square feet, up to
1,223 square feet could be in a gaming area. Under the proposal,
approximately 641 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 lounge/bar area from
the accessory casino area. Additionally, the lounge/bar area is separated
from the existing restaurant.
c. Si;zna;ze: 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. This condition is consistent with
other casinos developed along major transportation corridors.
d. Entrances: Access to the casino would be through one entrance located in
the lounge/bar area. The lounge area and casino have a separate entrance
than the restaurant.
e. Landscapin;: 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 residential
use. However, the site plan does indicate existing landscaping and some
new landscaped areas between the subject property and the neighboring
property to the north (Motel 6). Additionally, there is a large landscaped area
between the existing restaurant and the highway. The proposed casino
would be located at the back of the existing building and not visible from the
highway, limiting the need for additional landscaping.
RECOMMENDATION
The staff recommends that the planning board adopt staff report #KCU-17-02 as
5
findings of fact and recommend to the Kalispell City Council that the conditional use
permit be approved subject to the following conditions:
Conditions:
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. The casino area shall be generally shielded or screened from view of the restaurant
and patrons.
4. 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.
S. Neon lighting on the building is prohibited.
6. Compliance with Ordinance 1745 (airport airspace protections) shall be submitted
prior to building permit issuance.
Planning Department
201 15t Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planni4g
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: Bar_/Lounge and accessory Casino expansion associated with the Casa
Mexico Restaurant
OWNER(S) OF RECORD:
Name: LV Enterprises, Inc. Francisco and Graciela Valera
Mailing Address: 1600 Highway 93 South
City/State/Zip: Kalispell, MT 59901 Phone: 752-6800
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: RJC Designs, Attn: Ron Cebulla Mailing Address: 440 6th Ave East
City/State/Zip: Kalispell, MT 59901 Phone: f406) 871-1712
Name: Sands Surveying, Inc., Attn: Eric Mulcahy Mailing Address: 2 Village Loop
City/State/Zip: Kalispell, MT 59901 Phone: (406) 755-6481
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range
Address: 1600 Highway 93 S. No. 17 ship 28 No. 21
Subdivision Tract Lot Block
Name: Paston Addition to Kalispell_ No(s). No(s). 9 and South 50' of Lot 8 No. 1
1. Zoning District and Zoning Classification in which use is proposed:
B-2 f General Business)
RECEIVED
MAR 152017
KALISPELL PLANNING GEPARTIMIN
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses. See Attached Plans
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.
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.
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.
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 process.
-- ',i�_ I t4- I-1
Applicant Signatur Date
INSTRUCTIONS FOR CONDITIONAL USE PERMIT APPLICATION
1. A pre -application meeting with the planning director or member of the planning staff
is required.
2. Submit the correct fee, (per schedule below) completed application and appropriate
attachments to the Kalispell Planning Department (address on the front of this form) .
3. A certified list of all property owners within 150 feet of the subject property is
required with the information listed below. The list can be obtained from the Flathead
County GIS Office (see attached form), or from a title company. Please note: Streets
and roads are not included as part of the 150 feet.
Assessor No Sec-Twn-Rn Lot/Tract No Property Owner 8s Mailing Address
4. A bona fide legal description of the subject property and a map showing the location
and boundaries of the property.
S. Application must be completed and submitted a minimum of thirty five 35 days
rior to the planning board meeting at which this application will be heard.
6. The regularly scheduled meeting of the planning board is the second Tuesday of each
month.
7. After the planning board hearing, the application is forwarded with the board's
recommendation to the city council for hearing and final action.
S. Once the application is complete and accepted by Kalispell planning staff, final
approval usually takes 60 days, but never more than 90 days.
Conditional Use Permit:
Single-family
(10 or fewer trips/day) $250
Minor Residential
(2-4 units or 11-49 trips/day) $300 + $25/unit or
10 trips
Major Residential
(5 or more units or 50+ trips/day) $350 + $50/unit or
every 10 trips
Churches, schools, public / quasi -public uses $350
Commercial, industrial, medical, golf courses, etc. $400 + $50/acre or
unit or $.05/sf of
leased space over
5,000 sq. ft.
whichever is greatest
Administrative Conditional Use Permit
Residential $75
Commercial/ Industrial $150
3
Answers to Question 3 - Casa Mexico Lounge/Casino Expansion
a. Traffic flow and Control
Traffic will continue to use the existing approach onto Highway 93 on the east side
(front) of the lot and the alley access to Airport Road on the west side of the lot
(rear). As this is a single use parking lot no traffic control devices at the
entrance/exists proposed.
b. Access to and circulation within the property
Access and circulation will flow as shown on the proposed site plan. Highway 93
and Airport Road are public streets maintained by the State and City respectively
and these streets provide access to the site.
The addition of the Lounge/Casino is designed so that there is a separate side
entrance into the Bar/Casino and the Casino is separate from the bar so that you
must walk the bar to get to the gaming machines. A hallway connects the bar with
the main restaurant for patrons moving between the uses.
c. Off-street parking and loadin
Parking is provided by existing and new spaces. The restaurant with addition will
total 5,893 square feet. The parking requirements are as follows: one space per
100 sf for the first 4,000 sf and one space per 200 sf above 4,000 sf. The number of
parking stalls required equals 49 spaces. The parking standards require 5% of the
parking lot to be landscaped excluding the buffer requirement along Highway 93.
The site plan is showing 3,973 square feet of landscaping, excluding buffer, for 10%
parking lot landscaping.
Loading is at the rear of the building in a new receiving area.
d. Refuse and service area
As this is an existing and long established restaurant and is serviced by a private
contractor. The refuse containers will be moved to a new location (shown on the
site plan) and shielded in a new enclosure.
e. Utilities
Utilities are existing and on -site serving the existing restaurant.
Screening and buffering
The Casa Mexico Restaurant went through a face lift several years back creating
and outdoor patio area and landscaping along the Highway frontage. There is an
existing landscape buffer along the north property line which the applicants in tend
to leave in place. The landscaping provides a soft delineation between the
restaurant and the Motel b on the north. Increasing the landscaping or installing a
site obscuring fence between the two commercial uses would appear unwarranted.
W
g. Signs, yards, and other open spaces
The applicants proposed to make some changes to the existing signage by
relocating the monument sign and adding the word "Lounge". The owners are
working with a sign company and that company will make separate application to
the City for the signage. The signage will not use any terms, symbols, words,
figures, etc. to indicate there is a casino in the restaurant or draw attention to the
use.
h. Height, bulk, and location of structures.
The addition to the building will be to the rear and absorb some of the existing
parking lot. A separate entrance will be provided on the side of the building for the
bar area and the accessory casino. The casino is separated from the bar by a wail
and double doors. The casino is 641 square feet or 11% of the building total. The
building is a story and a half and will total 5,893 square feet with the proposed
addition.
i. Location of proposed open space uses
As this CUP is for a bar/lounge expansion of an existing restaurant, there is open
space proposed or required by the zoning regulations.
Hours and manner of operation
The hours of operation are 11 am to 11 pm for the restaurant and 11:00 am to 2:00
am for the proposed Bar/casino
k. Noise, light, dust, odorst fumes, and vibration
This is an existing restaurant so there will no obnoxious by-products as a result of
the lounge and accessory casino.
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Source: Es i, O I A i be, E e, E hs G phi
U r omm ni y
Date: March 24th, 2017 Kalispell Planning Dept.
File Path: I\mailings\2017\03242017Casa 0 300 600
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