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01-10-06KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 10, 2006 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: 'George Taylor, Timothy Norton, Bryan Schutt, John Hinchey, Kari Gabriel and Bob Albert. Rick Hull had an excused absence. Torn Jentz represented the Kalispell Planning Department. There were approximately 12 people in the audience. APPROVAL OF MINUTES Norton moved and Schutt seconded to approve the minutes of the December 13, 2005 regular planning board meeting. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to speak. JAMES & KAREN A request by James & Karen Holmquist for an initial zoning HOLMQUIST ANNEXATION designation of R-2, Single Family Residential, upon REQUEST annexation to the city of Kalispell on approximately 2.54 acres. The property is located at 405 West Evergreen Drive just east of Whitefish Stage Road. STAFF REPORT KA-05-18 Tom Jentz, representing the Kalispell Planning Department presented Staff Report KA-05-18 for the Board. The property is currently zoned R-1, which is a county one acre minimum lot size residential zone and is surrounded by a series of districts. Staff recommended an R-2 zone which is a 9,200 square foot minimum lot size, single family zone. The applicant is requesting annexation and initial zoning of R-2. There are 2 mobile homes and 2 houses on the property and they were in the process of completing the second home and went for sewer service and realized that they could not have an additional septic tank, drain field on property because of the nearness of city sewer, and they were then required to hook up to city sewer and therefore the annexation request has been submitted. There has been no public comment received either in favor or opposition of the annexation. Staff is recommending that the Planning Board adopt Staff Report KA-05-18 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-2, Single Family Residential. QUESTIONS BY THE None. BOARD APPLICANT/AGENCIES Jim Holmquist, 405 West Evergreen Drive stated that he started the building of their new home on the property with the thoughts of taking down the old home and were denied Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 1 of 16 the use of the current septic tank and were required connection to city sewer. Taylor asked if Holmquist had received any comments from any of the neighbors and Holmquist said no. PUBLIC HEARING No one else wished to speak and the public hearing was closed. MOTION Schutt moved and Hinchey seconded a motion to adopt Staff Report KA-05-18 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-2, Single Family Residential. BOARD DISCUSSION Norton stated the R-2 zoning is compatible with the neighborhood. Schutt asked how often septic systems fail. Jentz said that septic systems have a life span of 5 - 20 years. It really depends on maintenance of the system, use, and soils. In this case because a new structure was going up and it was a change in use, the Flathead County Health Department said no they need to upgrade and come into the city because sewer is right in front of the property. The other residences on the property do not have to hook up at this time, but as the systems age or fail they would. The beauty of it is they would have the ability to hook up to sewer and others do not necessarily have that option. ROLL CALL The motion passed unanimously on a roll call vote. LUTHER FRENCH A request by Luther French for an initial zoning designation ANNEXATION REQUEST of R-2, Single Family Residential, upon annexation to the city of Kalispell on approximately 1 acre. The property is located at 1624 Woodland Avenue. STAFF REPORT KA-05-19 Tom Jentz, representing the Kalispell Planning Department presented Staff Report KA-05-19 for the Board. Jentz said the request for annexation is coming before the board because there is already a house on the front of this property and the applicant was looking to create a flag lot and build a second house on the property. Since the first house is already receiving city water and water is in the area he could not just extend another tap from house to house but would have to bring in the service. The zoning is currently county R-2, which is a 1/2 acre minimum lot size and the city is R-2 residential, single family with a 9600 square foot minimum lot size, which is compatible with the surrounding zoning. Jentz described the surrounding land uses. Jentz noted that the staff report states that sewer is also available, but it is not available to that property at this time. Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 2 of 16 Staff is recommending that the Planning Board adopt Staff Report KA-05-19 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-2, Single Family Residential. QUESTIONS BY THE Gabriel asked if sewer becomes available in the near future is BOARD it automatically extended. Jentz said no. If sewer were available to Lehi Lane today theoretically no one would have to hook up, unless their current system failed, they wanted to do an expansion, or add a new structure. When you have an approved system you are not required to hook up unless the City Council passes a specific ordinance that declared that because of an emergency or a health issue they would be required to hook up to sewer within a certain period of time. Jentz noted that no public comments were received either in favor or opposition to the annexation. Taylor asked how many other areas of the city are not on sewer. Jentz noted that it is not prevalent until you get into the Greenacres/Willow Glen/South Woodland area. What you have there is historically a pattern of extending water and just acted as a utility because someone requested it. Very little of the rest of the city does not have sewer. Annexation into the city doesn't automatically equate to sewer but 99% of the time people are coming into the city for sewer services. Taylor asked if Willow Glen was ever upgraded to a feeder road would that also include consideration of sewer along the Road. Jentz said that if there was significant work in the R/W that could well be a consideration. Sewer is in Willow Glen at the Willows and Leisure Heights subdivisions and overtime with development sewer will continue down toward this intersection. APPLICANT/AGENCIES Luther French 1560 Lehi Lane, stated they anticipate building this new house and they thought it would be nice .if it was all in the city. They plan to put in a new septic system to serve the new house, but he was told that they had to go through this process first. PUBLIC HEARING No one else wished to speak and the public hearing was closed. MOTION Hinchey moved and Gabriel seconded a motion to adopt Staff Report KA-05-19 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-2, Single Family Residential. BOARD DISCUSSION Hinchey said that this is appropriate infill and he supports it. Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 3 of 16 ROLL CALL The motion passed unanimously on a roll call vote. JOHN & BOBBI BONNER A request by John & Bobbi Bonner for an initial zoning ANNEXATION REQUEST designation of B-1, Neighborhood Buffer District upon annexation to the city of Kalispell on approximately 1/2 acre. The property is located at 1322 Whitefish Stage Road, north of West Evergreen Drive. STAFF REPORT KA-05-20 Tom Jentz, representing the Kalispell Planning Department presented Staff Report KA-05-20 for the Board. Jentz said that this property contains a single family residence that operates as a pre-school/daycare. The applicants are requesting annexation to B-1, and noted that B-1 already exists across the road. It is currently zoned RA-1 a county multi -family zoning district. Currently the RA-1 zoning would allow for up to 12 units on the property, although due to the size and parking restrictions it would not be practical. There are three properties that orient onto Whitefish Stage and the owners do not feel that it is a very desirable location for single family use today because of the traffic and access onto Whitefish Stage. The applicants are interested in selling the property and have therefore requested B-1, Neighborhood Buffer District in order to provide a potential buyer with several options for use of the property. Jentz said that he received one phone call from a neighbor who was concerned that apartments might go in on the property. Apartments could go in on this property now whether or not it is annexed to the city. Jentz said that the 13-1 zone would probably increase traffic on Whitefish Stage Road, and access is always going to be a problem no matter what use is there. Staff is recommending that the Planning Board adopt Staff Report KA-05-20 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be B-1, Neighborhood Buffer District. QUESTIONS BY THE Taylor asked what leverage, if any, does the city have, BOARD operating within the realm of B-1 if the ultimate use under a conditional use permit turns out to be a gas station, or car wash, both of which are allowed under the B-1 definition. Taylor said that would seem to be a distance away from a medical or dental clinic or a professional office. Jentz said that conditional use permits are granted by grace v. by right. A proposal for a gas station or car wash would have to come back before the planning board and the applicant would have to justify how one of those uses would function at this location in regard to traffic and access. The board would Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 4 of 16 have the ability to deny the application or condition it and make what they felt was the appropriate recommendation to the city council. Norton said that he knows the neighborhood, there is B-1 across the road and there are several churches, and Whitefish Stage Road is changing, however it does back to a residential area and is on a busy corner. In looking at the difference between R-5 and B-1 everything mentioned as far as clinical/professional offices, are available in the R-5. When you go to the B-1 the permitted and conditional uses become more intense. Jentz said that he talked to the applicants about R-5 which is similar to the B-1 but would be an easier sell because of the increase of traffic and the access. R-5 tends to be less intensive depending on the use. The applicants stated that they preferred the B-1 because it provided a wider spectrum of potential uses when marketing the property. Gabriel asked if a casino could operate at this location which is in close proximity of a school and church. Jentz said no. APPLICANT/AGENCIES John Bonner, the applicant, said the property is now zoned RA-1 through the county. If they hooked up to the sewer the county zoning would support 12 residential units. They live at 141 River View Greens and they do not feel that 12 units would be a desirable outcome for the property. Bonner said that a concern is traffic flow and right now they have 20-30 kids dropped off in the morning and picked up in the evening everyday at the current facility. As a professional business complex the traffic flow in and out of this property would more than likely decrease. Bonner noted that if the property was to go back to a residential use, or an increased residential use it would be more of a noise problem to the adjacent residents than it would as a commercial property. In the evenings and on weekends you would have families with kids and noise generated, but with a business it would be closed during those times. Bonner continued that as a professional business office space it would provide valuable taxable income to the city and would also provide a nice convenience amenity to the neighborhood, such as professional office space for a dentist, accountant, or an attorney. Bonner added it is true that conditional uses such as a gas station or a car wash could be located on this property, but the applicant would have to come before this board for approval. Secondly the property size is not large enough for those kinds of businesses. Bonner said that the building has been extensively remodeled. They left the exterior of the building with a residential appearance to help to maintain an esthetic blending into the area. The inside was gutted and completely remodeled to accommodate professional office space Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 5 of 16 including wiring for computer networking and telephones, removing the closets, adding an emergency exit in the basement, and life safety fire suppression and alarm systems. Bonner said that the drive is a loop drive that has a designated entrance and exit so that the traffic onto and off of Whitefish Stage Road is good. The property has an extensive tree buffer on 3 sides which makes a nice separation from the other residential units. Taylor asked Bonner about the R-5 zone. Bonner said that the R-5 did not seem to be as good of fit for the property. The property has been renovated towards a professional business and they feel that most people are looking for a professional office setting in B-1 zoning. Taylor noted that under the permitted use category for R-5 the professional offices listed are exactly the same as for B-1. PUBLIC HEARING Kathy Lane, 100 Buffalo Stage said that their property backs up to this property. Her biggest problem is not the pre- school/ daycare use but it is the traffic. They have no privacy in their backyard because of the daycare's driveway. She disagrees that the traffic flows the way that it is directed. Noise has not been a problem to them but she would not like to see some of the businesses there, such as a car wash or gas station. Offices probably would not be problem and may cut down on the amount of traffic. When they bought their property this property was a residence, then they built their home and then they were faced with the conditional use change, which became a problem to them. It is a very busy corner and at 8:15 in the morning and 3:15 in the afternoon it is hard to get in and out onto Whitefish Stage Road. Lane would rather see restricting the property rather than expanding it. Donna Johnson, Big Sky Properties, stated that she is the realtor representing John Bonner. Johnson said that the traffic is an issue. They have seen an overall increase in traffic on Whitefish Stage Road over a number of years, but, whether an additional property will bring in more traffic or not is the question. Johnson said that to market this particular property as a residence now would be very difficult. Before John Bonner bought this property it was on the market for 266 days. If there are about 60 cars per day currently accessing this property she asked how much of this traffic has actually hindered individuals who are not directly accessing their property from Whitefish Stage. Johnson said that a business, whether in a B-1 or R-5 zone has made an investment and would be more likely to maintain the grounds and building so property values would not be affected. Johnson said that with a commercial property the taxable base income will be increased and an amenity would be provided to the residents of the area. Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 6 of 16 r� U� Johnson asked how the board thinks that an R-5 would be that much different than a B-1, which the exception of the conditional use process where the applicant would have to come before the board for approval. Taylor said that hopefully her question will be addressed under board discussion. Jim Lane, 100 Buffalo Stage asked that when this goes from county zoning into the city do any other requirements change. Lane said that this property is approximately two feet lower than the street which prohibits good access and if the state had any say in an additional approach the state would probably not approve it. On a similar property up the street the state was requiring a 40 foot flat approach. Lane said that he was concerned about the approach and the traffic. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Gabriel seconded a motion to adopt Staff Report KA-05-20 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be R-5 Residential Professional Office District. BOARD DISCUSSION Norton said he is a real estate appraiser and he understands the position taken that the property would be more marketable with B-1. However, knowing the character of the neighborhood and the zoning regulations he is concerned that the B-1 zone would allow commercial such as bakery or deli, chemical dependency/ substance abuse clinic, music education, prepared food delivery services or retail food services. Norton said that although this is across the street from B-1, the way that commercial complex is orientated doesn't face Whitefish Stage. The R-5 allows everything else but those mentioned, and the building is already set up as a professional office. Norton doesn't see any detriment to the value by calling it a professional office. Taylor asked Jentz to address Mr. Lane's question regarding the state requirements regarding approaches. Jentz said that if the property comes into the city and continues as the day care it continues, status quo. When that property changes use significantly when the proposal comes in for a building permit and site review the staff will review the proposal based on current conditions. They would ask the county and MDT if they have approach issues. Taylor said that change to this valley doesn't come about like a Tsunami it comes in bits and pieces. And tonight is a prime example. He said that as a board they have an opportunity to exert their point of view as to what they perceive to be the Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 7of16 U` best solution to this particular property and he agrees with Norton in thinking that R-5 is the best approach. ROLL CALL The motion passed unanimously on a roll call vote. BOARD DISCUSSION Taylor added that let it be made as a finding of fact that the board is voting on a designation of R-5 and not B-1 for this recommendation. Jentz said that staff will take the findings of fact and under the proposed zoning he will note that the applicant requested B-1 and the planning board requested in its place an R-5 because they are comparable in terms of office and professional governmental use. Each reference in the findings will replace B-1 with R-5, and the findings will be forwarded to the city council. MIDDLETON/FISHER A request by Jody Middleton 8v Lori Fisher fora conditional CONDITIONAL USE PERMIT use permit to allow the construction of a three -unit townhouse in addition to a single family residence that currently exists on the property. The property is located at 1310 - 6th Avenue West in Kalispell. STAFF REPORT KCU-05-10 Tom Jentz, representing the Kalispell Planning Department presented Staff Report KCU-05-10 for the Board. Jentz noted that this property is located in the southwest section of the city and is a larger residential lot than those typical to the rest of the city. Jentz described the surrounding land uses for the board, which includes several 2 unit townhouse configurations. The area is zoned R-4 which is a single family, duplex, or 2 unit townhouse zone and which allows by conditional use permit greater configurations. The property currently has a single family house and a large detached garage. The proposal is to take down the garage which opens up the property considerably. A building permit has been issued for construction of a new 2 car garage that would go with the existing house. One half of the property would then be used for construction of a 3 unit townhouse. The property has about 230 feet of frontage which is about twice as much as the adjoining lots in this part of Kalispell. The 3 unit townhouse would be 2-story with a footprint of 700 or 800 square feet per unit. Access will be from a driveway off of 6th Avenue West. There are no 3 unit townhouses in the neighborhood but as you drive by the visual impact is minimal since you won't be able to see the structure from 6th Avenue West. There will be 3 families who will live there so it will add people to the neighborhood. Infrastructure and services are all there and the traffic and parking layout works. The applicants will have to come back before the city council for subdivision approval but if the conditional use permit is not approved there is no reason for them to come back for subdivision review. Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 8 of 16 Staff is recommending that the Planning Board adopt Staff Report KCU-05-10 as findings of fact and recommend to the Kalispell City Council that the conditional use permit for construction of a three -unit townhouse in addition to an existing single family house be approved subject to the 6 conditions listed in the staff report. QUESTIONS BY THE None. BOARD APPLICANT/AGENCIES Jody Middleton stated that this is a large lot and they have worked with staff to make this project accessible and as nice looking as possible. When they first started out they were considering 3 duplexes, zoning would allow up to 8 units, but they decided that it didn't work with the setbacks. They are trying to make the units large enough for someone to live in, not little cracker boxes. Middleton said that they are in agreement with the conditions and if the conditional use permit is approved they already have a surveyor ready to go. Taylor said that it is a clean design which would attract a certain segment such as retired people, empty nesters, or maybe first home buyers. Middleton said that they are looking for empty nesters or a couple who work and want something close without a lot of maintenance. Taylor said that it seems that the city could use more of that. Middleton added that they are trying to create an infill project. PUBLIC HEARING Sandra Johnson, 1401 - 6+h Avenue West, said that she and neighbors in the area are opposed to 3 townhouse units. Two maybe but three is going too far. The traffic is tremendous since the new subdivisions were approved near Ashley Creek and their avenue has become a main thoroughfare for the high school students to get back and forth to school. Johnson said that she has been in this area since 1991 and she understands that the neighborhood is going to change. We do have a lot of families there with children and there is enough traffic now that she doesn't think having that many homes there is a good idea. It is an extremely narrow street and if there is a car parked on the both sides one car is lucky to get through. Johnson asked that the board consider not allowing that big of a development. No one else wished to speak and the public hearing was closed. MOTION Schutt moved and Gabriel seconded a motion to adopt Staff Report KCU-05-10 as findings of fact and recommend to the Kalispell City Council that the conditional use permit for construction of a three -unit townhouse be approved subject to the 6 conditions listed in the staff report. Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 9 of 16 BOARD DISCUSSION Gabriel asked Jentz as the property is currently zoned it could house 2 duplexes. Jentz said the zoning is an R-4 which is 6,000 square feet and a duplex would be allowed. With this property there is 25,000 square feet and the density would allow 4 duplexes which would be 8 housing units. However, Jentz said that the land might limit the number of units. Gabriel said the point is that there could be approximately 16 people living in that space and what they are proposing are 4 units with 8 off-street parking spaces that will not contribute to the congestion on the street. Jentz said yes. Gabriel said that since the applicant is proposing half of what could be put in place by the zoning, the developer has done a good job with the proposal and she felt that it would fit well in the area. Norton said that he agreed with Gabriel. Norton said that he understands the concerns about the roadway but unfortunately we don't have any control over that. Taylor said that the applicants have produced a very thoughtful and thorough proposal and the board would like to see more of this type of work in and around the city. ROLL CALL The motion passed unanimously on a roll call vote. BOARD DISCUSSION Gabriel noted for the record that there will be another opportunity for those who wish to present their concerns to city council in person or in writing regarding this proposal. Norton added they will also have another opportunity if this project goes through subdivision review. MONTANA COMMERCE, A request by Montana Commerce, LLC for an initial zoning LLC ANNEXATION designation of B-2, General Business, upon annexation to REQUEST the city of Kalispell on approximately 1 acre. The property is located at 2910 Highway 93 South at the intersection of Cemetery Road. MONTANA COMMERCE, A request by Montana Commerce, LLC for a conditional use LLC CONDITIONAL USE permit to allow the operation of a Tavern/Casino at the PERMIT current Town Pump gas station located at 2910 Highway 93 South at the intersection of Cemetery Road. A request for annexation and initial zoning has been filed concurrently with the conditional use permit application. STAFF REPORTS KA-05-21 Tom Jentz, representing the Kalispell Planning Department & KCU-05-11 presented Staff Reports KA-05-21 & KCU-05-11 for the Board. Jentz reviewed the history of the property and the conditional use permit for a tavern/casino that was previously approved by the county for this property. Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 10 of 16 O However, when they approached the Flathead County Health Department regarding expanding their septic system to accommodate the tavern/casino, the health department denied the request due to the close proximity of city sewer. Therefore they have submitted a request for annexation 8s initial zoning of B-2, in order to hook up to city sewer and were required to apply for a conditional use permit with the city for operation of the tavern/casino. Jentz noted that this property is within 300 feet of a county residential subdivision however, the county does not have a restriction regarding the proximity of a casino to residential areas, churches, schools or parks like the city does. Staff discussed this with the city attorney who advised that the city doesn't administer the county zoning so it was staff's opinion that this is not a fatal flaw for this project. Jentz noted that the B-2 zoning requested is in compliance with the growth policy. Jentz continued that traffic is pretty well taken care of since there are 2 accesses, one onto Highway 93 and the other onto Cemetery Road. The second issue is that parking is problematic. There are 23 spaces on site right now and the city's zoning ordinance requires 1 parking space per 100 square feet. The existing store is a 4100 square foot building which would require up to 41 parking spaces. Jentz noted that what is out there today is grandfathered and the city is not asking them to change or increase their parking for the existing structure. However, with the additional of a 2700 square foot tavern/casino, an additional 27 parking spaces would be required. Jentz reviewed the 8 conditions of approval for the board. Staff is recommending that the Planning Board adopt Staff Report KA-05-21 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation be B-2, General Commercial. Staff is recommending that the Planning Board adopt Staff Report KCU-05-11 as findings of fact and recommend to the Kalispell City Council that the conditional use permit to operate a Tavern/Casino at the current Town Pump gas station be approved subject to the 8 conditions listed in the staff report. QUESTIONS BY THE Taylor questioned the decision that since the residential area BOARD was county that the 300 foot distance restriction didn't apply and asked what would happen to that logic if the city ever annexed the property north of Cemetery Road. Jentz said that is the dilemma, the same situation would come into play if the industrial property immediately to the west would develop residentially. Jentz noted that at that point it would Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 11 of 16 C? make the casino nonconforming. Jentz said that it is a matter of interpretation and could be a legal issue. In relation to Condition #7 Taylor asked if the sign adjustment is fairly straight -forward why did they get a year to do it? Jentz said because our sign code gives them one year to bring their signs into compliance. Hinchey said that it all sounds straight -forward to him, but he has a problem with the residential zone within 300 feet. Hinchey said that they are splitting hairs by saying it is a county residential zone and not a city zone. The intent of 300 feet was to keep the casino a fair distance away from the homes, kids, schools, churches, etc., and he feels that the board is not following the intent or spirit of the ordinance. Hinchey is also concerned that the open space to the west could very likely be residential and then this is a nonconforming use, and the board would be allowing that to happen. Hinchey stated that the board would be derelict in approving it. Hinchey asked if the 300 feet is measured property to property line and Jentz said yes. Norton said it seems that for a while there a waiver on the plat was allowed and Jentz noted that it would be difficult to assess property owners for an improvement that they are already receiving and clarified a waiver to a future SID would be applicable to a subdivision, not an annexation or conditional use permit. APPLICANT/AGENCIES Bryan Angove, Construction Manager for Montana Commerce said that they have reviewed the staff report and they are working on the conditions and are in agreement with most of the conditions. Condition #4 is the parking issue and they have been working to obtain the 50 required parking spaces, however they need some clarification. Angove said he understands how staff has grandfathered in the existing 23 spaces which is based on the site plan that was presented to the board. However, Angove said that the actual existing striped parking on site today is only 14 stalls. The 10 showing along the property line against Highway 93 are not striped, people may or may not park there and it may not be considered parking. He said that with the 4 fueling dispensers, 2 sided - you can say that there are 8 parking spaces there. Angove said that at their other facilities here in town they have been allowed to use the pumps as parking spaces. If they can use those spaces they can meet the 50 parking space requirement. Angove continued that regarding Condition #6 relates to the hook-up to city sewer and water, they would like to maintain the existing well on site and would agree to put a meter on it but they would hook up to city sewer. said that using the gas pump area as Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 12 of 16 spaces doesn't seem to make sense. Angove explained that 80 - 90% of their customers typically pull into the pump, fuel and walk to the store and then leave. That customer is then using that particular island as a parking spot while he is on our site. PUBLIC HEARING JoLynn Siderius Yenne said that she is speaking on behalf of the Siderius family who own the property to the west and south of this property. Yenne read that they object to the granting of a permit to allow a tavern/casino operation at 2910 Highway 93 South because: 1. A tavern/casino business would be too close to the residential area which is located immediately north of Cemetery Road. 2. There are already at least 54 casinos in the Flathead Valley that are listed in our local phone directory, they believe there is no need for another casino and they do not want to turn into a Nevada town. 3. A tavern/casino business would lower property values because of the type of traffic it would generate. The hours when the business is conducted are not compatible to a quiet rural setting. Currently there are cattle that use the area around Four Corners for grazing in the summer. Who knows what that property might eventually turn in to? They are working as a family and looking at a lot of ideas of what development might take place. 4. A tavern/casino business is not the type of business they would welcome as a neighbor because of their family values. A copy of Ms. Yenne's presentation was given to each member of the planning board. Lyle Cusson, Display Marketing Manager of Montana Commerce, said that regarding the one year timeframe for compliance of the sign, they are good neighbors. They have 3 other businesses in the area and they comply with the laws there. The signage on those buildings are within the city regulations and the signs at this location will be within the regulations. They will not wait 365 days to slow down the messages. Cusson said that there are no new licenses in the valley and while it may be that the casino is in a different location they are. using an existing license, not a new one. Cusson added that they are not a tavern, not a bar where you sit down and drink whiskey and get drunk, they are a casino and the state requires a liquor license to operate the casino but that is not what they are in business for. They attempt to be good neighbors and work with the community in any way that they can and they would continue to keep that relationship. No one else wished to speak and the public hearing was closed. MOTION - ANNEXATION Hinchey moved and Taylor seconded a motion to adopt Staff Report KA-05-21 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 13 of 16 upon annexation be B-2, General Commercial. BOARD DISCUSSION None. ROLL CALL - ANNEXATION The motion passed unanimously on a roll call vote. MOTION - CONDITIONAL Norton moved and Albert seconded a motion to adopt Staff USE PERMIT - Report KCU-05-11 as findings of fact and recommend to the TAVERN/CASINO Kalispell City Council that the conditional use permit to operate a Tavern/Casino at the current Town Pump gas station be approved subject to the 8 conditions listed in the staff report. BOARD DISCUSSION Norton said that the application indicates hours of operation and asked if that should be included in the conditions. Jentz said that there are state mandated hours of operation for taverns/casinos which can not exceed 8:00 a.m. to 2:00 a.m. and added they cannot operate 24 hours a day. The convenience store however can operate 24 hours a day. In order to reduce the hours of the tavern/casino it would have to hinge on some reasonable expectation and condition. Jentz noted that if the board feels that they need a site plan that would indicate the location of the additional 27 parking spaces they could request a 30 day continuance and request the revised plan from the applicants. Taylor asked for more solid footing; whether it is case law or statutory law, on the issue of the county residential area on the north side of Cemetery Road. He personally doesn't feel that it is a sufficient explanation of the law for the city attorney to say that because it is not city residential and the city doesn't manage county property. The fact is that it is a residential area. Jentz suggested the board could direct staff to ask for an opinion from the city attorney. Taylor said that he feels that the board would want to have that issue clarified before this proposal was forwarded to city council. Schutt said that he was not personally concerned about the parking because if they cannot provide what is required then they would have to reduce the size of the addition. Schutt is concerned about the precedent that would be set. They are trying to cooperate with the county on planning issues and move forward. This board has felt slighted when the county doesn't seem to be concerned with what is on the other side of the line. Schutt suggested that the board would not be following the spirit of the law. Gabriel said that she is in agreement with Mr. Schutt. She added that she is having a philosophical problem with approving gaming in an area that is going to develop into residential. Gabriel agrees that she doesn't want to turn a cheek with what the county is doing but on that same line Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 14 of 16 O when the Siderius family decides to sell their property it is going to be right on the city sewer line and will be annexed into the city. Gabriel said that this is not a good decision and she cannot support it now or in 30 days. Albert said that he doesn't have a problem with the casino but he does with the distance from the county residential subdivision. Albert said that they need more information from the city attorney regarding the legal aspect. Albert said that there has been a tavern at this site for at least 40 years so that part of it doesn't concern him. He said that he would not be able to support it now. Hinchey said that even if they went back and asked the city attorney's opinion and he came up with something more concrete he still doesn't think this is a good move. Norton said that this property has served alcohol for generations. He was part of the process when it was set up as a convenience store. Now that there are restrictive open container laws he doesn't see much of a difference between purchasing alcohol and drinking it on site or purchasing alcohol and driving away with it. Norton said the legal concern isn't an issue for him. More of an issue is that the board would not be acting in good faith with the county by discussing this issue without their input. Norton added that a hand out to ask for advice from the county would be a wise step. Norton believes that residential properties will be developed to the west and added that the growth policy designates commercial and industrial use along the highway and this proposal would not be in conflict with the growth policy. Jentz reminded the board that the county had already approved a casino at this location 2 years ago and the county does not have the 300 foot rule. When you talk about protecting county zones, the county didn't chose to protect their residential zone. The applicants were desirous of using the county's conditional use approval and not coming before this board at all and the city said that they wouldn't honor the county's conditional use approval. Taylor noted for the record that when the city has an ordinance that says that a casino will not be located within 300 feet of a residential area it doesn't matter whether the residential area is county or city. ROLL CALL - The motion failed on a vote of 2 to 4, with Norton and Albert CONDITIONAL USE PERMIT in favor and Taylor, Schutt, Hinchey, and Gabriel in - TAVERN/CASINO opposition. BOARD DISCUSSION Jentz noted that the motion to approve failed and the board would have to make findings to support the recommendation. Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 15 of 16 MOTION - DENIAL OF Taylor moved and Norton seconded a motion to recommend CONDITIONAL USE PERMIT to the Kalispell City Council that the conditional use permit for a tavern/casino at this location be denied based on its close proximity to a residential subdivision, and to amend the findings of fact to support the recommendation. ROLL CALL - DENIAL OF The motion passed on a vote of 5 to 1 with Norton voting in CONDITONAL USE PERMIT opposition. OLD BUSINESS: None. NEW BUSINESS: A Work Session on the Kalispell North Growth Policy Amendment has been scheduled for Tuesday, January 24th at 7:00 p.m. at City Council Chambers. ADJOURNMENT The meeting was adjourned at approximately 9:25 p.m. The next regular meeting of the Kalispell City Planning Board and Zoning Commission will be held on Tuesday, February 14, 2006. Zr George Ta dr IL-- �0''� v Michelle Anderson President V Recording Secretary APPROVED as submitte / corrected: / 4 / 06 Kalispell City Planning Board Minutes of the meeting of January 10, 2006 Page 16 of 16