04-11-06KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
APRIL 11, 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 Rick Hull.
Bob Albert was absent. Sean Conrad and Tom Jentz
represented the Kalispell Planning Department. There were
approximately 12 people in the audience.
APPROVAL OF MINUTES
Taylor moved and Gabriel seconded to approve the minutes
of the March 14, 2006 regular planning board meeting.
The motion passed unanimously on a roll call vote.
HEAR THE PUBLIC
No one wished to speak.
AGENDA AMENDMENT
Taylor stated that the board will hear the text amendment
regarding the 300 foot buffer for casinos prior to the Hilton
Garden Inn proposal in order to have discussions that could
directly relate to the Hilton's request for a casino.
HOPE PREGNANCY
A request by Central Bible Church for a Conditional Use
CENTER CONDITIONAL
Permit for the Hope Pregnancy Center located at 940 1st
USE PERMIT
Avenue East. The property is zoned R-4 (Two Family
Residential) and although the Hope Pregnancy Center has
been operating for a number of years a conditional use
permit was never issued to allow the Center to operate in the
R-4 zoning district.
STAFF REPORT KCU-06-03
Sean Conrad, representing the Kalispell Planning
Department presented Staff Report KCU-06-03 for the Board.
Conrad noted that the Hope Pregnancy Center is a part of
the Central Bible Church complex. The center has been
operating for a number of years and was looking to expand
its services and they realized that they didn't have a CUP to
legally operate. Their intent is to make their facility legal in
terms of the zoning district. The center operates out of an
existing residential house, which has been converted but has
maintained its residential nature. The surrounding area is a
mix of commercial and residential, along with the church
facility and the center fits in nicely with the character and
feel of the area. They have provided off-street parking to the
rear of the facility adjacent to the alley. No comments have
been received either for or against the project.
Staff is recommending that the Planning Board adopt Staff
Report KCU-06-03 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be
approved subject to 4 conditions, noted in the staff report.
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 1 of 14
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QUESTIONS BY THE
Norton complimented Senior Planner Sean Conrad on the
BOARD
professional presentation and the layout and addition of
photographs in the staff report.
Hull asked if the center was an overnight facility. Conrad
said no the services are provided between 8:00 a.m. and 8:00
p.m.
APPLICANT/AGENCIES
Clair Beaver - Executive Director of the Hope Pregnancy
Center stated that the center is not a residential facility but
day use. Primary hours are 12:00 Noon to 4:00 p.m. Monday
through Friday and one evening a week - Monday from 4:00
p.m. to 8:00 p.m. There are some other programs that take
place in the evening and she listed those for the board.
Beaver said that they found out that they were not currently
in compliance with the zoning and they wanted to correct
that issue, which is important to them especially with the
additional services they want to provide.
Hinchey asked about the additional services that will be
provided. Beaver said that they will be bringing on a nurse
manager to perform the pregnancy testing, and also be
offering ultrasound services.
Taylor asked if the conditions were acceptable. Beaver said
that the parking lot and the sign permit will be the easiest to
accomplish. The handicap ramp will be more difficult but if
that is the requirement they will comply.
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 KCU-06-03 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be
approved subject to 4 conditions, noted in the staff report.
BOARD DISCUSSION
Schutt noted that this zoning mistake is an easy one to fix.
Norton said that the Hope Pregnancy Center is a great facility
and there is a need for it in the community. He was
surprised that this use wasn't grandfathered in and he was
sorry that they had to go through this process.
ROLL CALL
The motion passed unanimously on a roll call vote.
CITY OF KALISPELL
A request by the City of Kalispell to amend Sections
ZONING ORDINANCE TEXT
27.14.030(5), 27.15.030(3), 27.16.030(8), 27.17.030(4) and
AMENDMENT - 300 FOOT
27.18.030(7) of the Kalispell Zoning Ordinance. The
SETBACK FOR CASINOS
amendment is intended to review the 300 foot setback for
casinos from churches, schools, parks, residential zones,
and other casinos.
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 2 of 14
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STAFF REPORT KZTA-06- Sean Conrad, representing the Kalispell Planning
02 Department presented Staff Report KZTA-06-02 for the
Board.
Conrad stated that the text amendment is to address the
minimum 300 foot buffer for casinos from churches, schools,
parks, residential zones and other casinos. The Kalispell City
Council directed staff to review the 300 foot buffer and offer a
recommendation to the planning board.
Conrad said that in looking at the limited locations where
casinos can operate and given the fact that casinos are
required to obtain a conditional use permit planning staff is
recommending that the 300 foot buffer be removed and
under the conditional use permit impacts to churches,
schools, parks, residential zones and other casinos could be
addressed.
Conrad noted he contacted the cities of Missoula, Bozeman,
and Helena and all 3 limited where casinos can locate
through zoning. They are allowed in commercial districts and
one or two of their industrial districts.
Missoula requires a use permit when someone wants to
obtain a liquor license and requires a rezoning of that
property, which requires a public hearing and conditions the
rezoning to ensure that the liquor license and presumably
the accompanying casino are compatible with the
neighborhood.
Bozeman created a zoning overlay district for casinos. Within
that district there are stringent setback requirements from
residences, schools, churches, and parks. However, Bozeman
also defines a casino as any business calling itself a casino
or if it operates more than one table or 15 gaming machines.
Most of the casinos operate just under the definition so that
they do not have to go in the overlay district and be confined
to one spot in the city.
Helena limits casinos to a couple of the commercial districts
and defines casinos as having 6 or more gaming machines
and then offering live keno or card games. Helena has a 300
foot buffer requirement from residential zones.
Staff recommends that the Kalispell City Planning Board
adopt the findings in staff report KZTA-06-2 and recommend
to the Kalispell City Council that the 300 foot buffer for
casinos from parks, schools, churches, residential zones and
other casinos be removed from the Kalispell Zoning
Ordinance.
BOARD DISCUSSION I
Schutt noted that he appreciated the map details that were
provided with the staff report and Conrad said the map was
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 3 of 14
prepared by Cookie Davies, the planning department's GIS
Specialist.
Hull asked, why drop all of the buffers? Conrad said the
current zoning ordinance limits where casinos can be located
and using the conditional use process casinos can be looked
at on a case -by -case basis, including their proximity to
churches, schools, parks and residential areas. If mitigation
would be required for signage, limiting the amount of
entrances, or requiring additional landscaping for screening
the permit could be conditioned to address those issues.
Schutt asked if there was consideration given to reducing the
buffer to 100 feet. Conrad said no although a reduced buffer
would allow more casinos in some areas.
Norton asked where the 300 foot buffer came from. Jentz
noted that 5 or 6 years ago casino development really came
on strong in the valley and each of the 3 cities and Flathead
County looked at casino regulations. Columbia Falls adopted
a conditional use permit process; Whitefish created a small
opportunity zone at the south end of the city; Kalispell went
with 300 feet which was one of a series of options that were
developed. Jentz added that 300 feet is a city block. State
law currently regulates 600 feet door to door for churches
and schools, so that standard was already in place. Jentz
noted that the board could keep the 300 foot standard and
require a conditional use permit for all casinos. It allows the
board the ability to look at each one individually and
consider the impacts.
Taylor asked for clarification of the state law 600 foot buffer.
Jentz said state law says 600 feet door-to-door on the street
it fronts, but doesn't deal with around the corner.
PUBLIC HEARING Don Hines, 2400 Highway 93 South, stated that he is
representing himself and some other business owners south
of Kalispell. He voted to put the 300 foot buffer into place
when he was a member of the Kalispell City -County Planning
Board. The buffer was intended to slow down the casino
activity and try to separate those areas from the exposure of
casinos. During the summer months most of his customers
who travel here to experience the Flathead are surprised to
learn that gambling is allowed in the Flathead. There is a
large impact of casinos on the strip into Kalispell from the
airport all the way to Highway 93 South. At this time the
southern gateway is not really cluttered with casinos. The
board had already set aside the 300 foot setback when the
Town Pump request was approved for a casino at Four
Corners. There is a residential zone within 300 feet of that
location. Hines feels that the 300 foot buffer should be left in
place, or perhaps should be increased.
No one else wishing to speak the public hearing was closed.
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 4 of 14
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MOTION
Taylor moved and Schutt seconded a motion to adopt Staff
Report KZTA-06-02 as findings of fact and recommend to the
Kalispell City Council that the 300 foot buffer for casinos
from parks, schools, churches, residential zones and other
casinos be removed from the Kalispell Zoning Ordinance.
BOARD DISCUSSION
Schutt said that he would like to hear some discussion as to
whether people think that the 300 foot rule is working. By
reducing the buffer could a night spot strip be created in
town? Increasing the buffer is worthy of discussion but he
was not certain that would make it any better.
Hull said there are 2 philosophies, one like Whitefish where
they are limited to a very small area and then Kalispell which
stretches them out, away from each other in an effort to
prevent a casino section of town.
Taylor said he is against eliminating the 300 foot buffer zone.
He said that while the PUD is indeed a valuable tool they
have come to rely upon as a case -by -case approach, it varies
by who is on the board or in the planning office at that time.
Whereas, if there is something in the ordinance then it is the
law. Second Taylor said it seems that the board is charged
with looking at this city 10 to 30 years from now. He doesn't
think that casinos will be limited to the south corridor of
Highway 93 or Highway 2; sooner or later they will be talking
about casinos on Highway 93 North clear up to the landfill
and further east on Highway 2, then who knows, west on
Three Mile Drive.
Taylor said we lose sight of the fact that there are already 24
casinos within the city and 54 casinos in the Flathead Valley.
A lot of people come to the Flathead seeking beauty and the
natural wonders and visitors although enchanted with the
beauty do not become an integral part of it. Taylor feels that
he is an integral part of the Flathead Valley and finds himself
in harmony with nature and his surroundings. He does not
feel in harmony with casinos and feels that they spoil the
environment that he came here to enjoy. Taylor said the
door should not be opened for more casinos by eliminating
the 300 foot buffer. He thinks that is the wrong approach.
Schutt asked Conrad how the casino overlay district was
working in Whitefish. Conrad said that the area is on the
south end of town although the majority of the casinos in
Whitefish are downtown and were grandfathered in. He did
not see any applications for casinos in his 7 month tenure in
Whitefish and only one CUP to expand an existing casino
downtown.
Jentz noted that Kalispell, Whitefish and Columbia Falls
have a limit on the number of liquor licenses, and therefore
casinos, allowed which is based on population. If the 300
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Minutes of the meeting of April 11, 2006
Page 5 of 14
foot standards were removed today they would not get 20
more casinos in town because the city is already over its
quota. It is a limited industry.
Schutt asked why the 300 foot buffer was added. Jentz said
the whole purpose of the 300 foot buffer was the casinos
were coming to town so where should they go and should
they be diffused or concentrated into one area. Jentz added
it is a different approach if the goal is to prevent additional
casinos.
Hull said that there are possibly 2 new liquor licenses
coming out of Somers because of the annexation of the Old
School Station. Every time there is a new one in the County
someone figures out a way to get it into the city. That's why
they are over quota in the city because they are worth
$800,000 in the city and $500 in the County. Hull said that
a monster has been spawned by the Legislature by attaching
gambling to liquor licenses because the cost of the license
can't be supported by drinking. There are a number of
restaurants who are not coming to town because they can't
afford $800,000 for a liquor license. One of the real problems
is that casinos bring in more revenue to Kalispell than taxes.
Hull said that he agrees with Taylor that the board should do
what they can to limit casinos.
Gabriel said the lights and signage in the instance of the
Town Pump was taken care of by the council. We can't
control the liquor license issue and she doesn't buy the
concept that Outback Steakhouse or the Hilton can't afford a
liquor license. She can, however, understand why they
wouldn't want to pay it. Gabriel said that the 300 foot buffer
issue was adopted for a reason and a city block makes sense
to her. However, a river or a 4 lane highway is a natural
buffer that should be considered. Gabriel clarified that the
planning board did not forward a positive recommendation
on the Town Pump casino CUP it was recommended for
denial on a vote of 4-2. The Kalispell City Council chose to
approve the Town Pump casino CUP with additional
conditions.
Hinchey said that a previous board and council saw the need
to approve the 300 foot buffer and he, hasn't heard any
reasons that would support pulling it out. It is good to have a
buffer between a casino and a church or school, perhaps a
park would be different, but if he lived in a residential area
near a casino he would probably like to see the buffer even
larger. Hinchey said that by taking out the 300 feet they
would be gutting the ordinance. He would prefer having it
reworded that if a significant barrier like Highway 93 or a
river was present it could provide a reasonable separation, in
which case the 300 foot standard could be waived. Hinchey
stated that he felt the 300 foot buffer should stay in the
ordinance.
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 6 of 14
Jentz suggested that they keep 300 foot buffer but when
there are situations such as a significant traffic system, river,
airport, etc. separating the use from the casino they would
be required to have heightened design which would address
signage, entrance features, building design, etc. to eliminate
the impacts.
Schutt suggested excluding other casinos from the list of
items requiring a 300 foot buffer allowing casinos to
concentrate but would maintain the buffers for the other
uses. Hull said that would not handle the problem of having
a park across the street. Taylor noted that application is not
before the board right now and added that whatever new
wording that the board would come up with should be
presented to the public before a decision is made.
Norton said he feels this is a moral question. We don't want
gambling next to our church, children, parks or schools. He
agrees with it for those reasons yet he sees other
circumstances - a 4 lane highway, the topography, the
airport or the river that would definitely make a difference
with the intent of the ordinance. He understands that there
will not be a huge influx of casinos if the ordinance is
changed but there are other ways of getting around it such
as PUD's and the conditional use process.
Hull said that when he first looked at this he thought they
could drop it for parks but then next week they would be
discussing dropping it for schools and that's what worries
him. Hull said that is the same way that gambling crept in.
He sees the problem with the Hilton but he doesn't think
that it will hurt Lions Park, but at the same time he would
like to see the standard stay in place.
Taylor suggested that the board vote on this issue. Norton
suggested tabling the text amendment. Norton and Gabriel
suggested that the issue be tabled to give staff an
opportunity to develop language that would allow casinos
within 300 feet of churches, schools, parks, residential
areas, and casinos if there were circumstances present such
as separation by a highway, river, airport or topographical
features, etc.
MOTION TO TABLE I Norton moved and Taylor seconded a motion to table the text
amendment as stated above for up to 60 days.
ROLL CALL The motion to table the text amendment was approved
unanimously on a roll call vote.
ROLL CALL ORIGINAL I The original motion to approve the text amendment failed
MOTION due to the approved motion to table the amendment.
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 7 of 14
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HILTON GARDEN INN AND
CONFERENCE CENTER
ZONE CHANGE AND
PLANNED UNIT
DEVELOPMENT
A request by Robert Voelker for a Zone Change from P-1
(Public) to B-2 (General Business) and Planned Unit
Development (PUD) overlay district on a 3.4 acre lot. The
requested PUD overlay district would allow a Hilton Garden
Inn and Conference Center to exceed the maximum building
height of 40 feet in the B-2 (General Business) zoning district
and place a casino within the hotel/conference center which
is within 300 feet of a City park.
STAFF REPORT KPUD-06-
Sean Conrad, representing the Kalispell Planning
01
Department presented Staff Report KPUD-06-01 for the
Board.
Conrad noted the location of the property which is zoned P-1
(Public). The developer has requested B-2 (General
Commercial). The surrounding properties are B-2 zoning and
the Growth Policy has designated the entire corridor along
Highway 93 South as General Commercial. B-2 zoning is
consistent with the land use designation. The PUD overlay
district is seeking to allow a building height for the proposed
hotel conference center to exceed the permitted 40 feet to 56
feet. There is a maximum of 60 feet allowed conditionally in
the B-2 district. They are proposing a casino and the
property is within 300 feet of the park. The highway provides
a good separation between the casino and the park and was
considered in the staff recommendations.
Staff is recommending approval of the PUD for the casino
and they have stipulated some mitigation measures which
include limiting signage and entrances into the casino. One
of the conditions recommended to the board in the staff
report was to limit the access to the casino because it is
within 300 feet of a park. In the revised plans received
yesterday, the developers opted to eliminate the exterior
entrance. Conrad reviewed the revised layout for the board.
Conrad noted that the Architectural Review Committee met
this morning and recommended approval of the building
height. They felt it was a good design and were encouraged to
see the use of a hotel/ conference center on the site. The
developer has consulted with engineers in regards to the
proximity to the airport and they have made some minor
modifications to be within the height limit of the airport.
Staff is recommending that the Planning Board adopt Staff
Report KPUD-06-01 as findings of fact and recommend to the
Kalispell City Council that the B-2 zoning and planned unit
development be approved subject to the 7 conditions listed in
the staff report.
QUESTIONS BY THE
Hull said that they had just been told that a conditional use
BOARD
permit is required for a casino, but would the casino in this
case be just a part of the PUD? Conrad said it would be part
of the PUD because with a conditional use permit you have
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 8 of 14
to have the 300 foot buffer from churches, schools, parks
and residential areas and the PUD would allow some
deviation from that. Hull said that in spite of the 300 foot
rule being in existence a casino would still be allowed on this
site. Conrad said that is what staff is recommending given
the site characteristics, the fact that there is an airport on
one side, commercial zoning both north and south and a 5
lane highway separating the park to the east from the casino.
With the additional mitigation for the entrances and the
signage there wouldn't be any significant incompatible uses
there. Hull asked if a casino had to be part of this proposal.
Conrad said that is what is before the board.
Gabriel noted that the developer has made it clear that they
have to have the casino and that without it would be a deal
breaker.
APPLICANT/AGENCIES Bob Voelker, CEO of Gateway Hospitality Group, 8920
Canyon Falls Boulevard, Twinsburg, Ohio, said he is not
here because he wants a casino because he doesn't.
However, they have just developed a hotel in Missoula and
going through that market they face the same thing that they
face here. Voelker said that he is not Hilton, he is a
franchisee and he builds and owns the hotels. He fmds sites
and communities that have a tremendous need for what they
do. He represents about 1% of the franchisees throughout
the Hilton system and he does a limited service hotel and a
conference center. He loves the aspect of food and beverage
in a hotel. There is a proliferation of the limited service
hotels throughout the country that don't serve food and
beverage and do not serve the full needs of the community.
Hilton did not support the decision to locate on the south
end of town but the north end didn't offer enough property
needed to support his project.
Voelker said he is used to paying $2500 or $3500 for a liquor
license and in Montana it is $800,000, which he pays, not
Hilton, so they are forced to operate a casino and restaurant
because of the cost of the liquor license.
Voelker stated that the Hilton Garden Inn has been given the
J.D. Power Award for the 4th straight year which means it is
the best in its class. Hilton is successful because they give
the groups a controlled environment, a place to stay, a place
to meet and a place to play. He reviewed the group market
and the benefits of drawing groups to a destination area like
Kalispell. Voelker added that they can cross sell groups that
come to Missoula because they like to travel around and not
return to the same community.
Voelker said he grew up in a small town and he fully
understands what Taylor is saying about being part of the
land and environment - this is a beautiful place. He asked
why can't we share it with people around the country who
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 9 of 14
would love to have their convention in this kind of
environment and who will support the other businesses in
this community.
Voelker encouraged the board members to visit the facility in
Missoula and added they will be proud to have this type of
facility in Kalispell.
QUESTIONS FROM THE Norton said he feels that this facility will be an asset to our
BOARD community. Norton also wondered why they would locate
south of town because all the growth is north. The city will
benefit in several ways by this development it appears to be a
very upscale/classy development.
Schutt asked if proximity to the city airport played any role
in his decision. Voelker said it was a natural to be located
there especially with the expansion plans for the city airport.
Gabriel echoed her comments from council that she loves the
project and is excited about the conference center because
Kalispell desperately needs a place to hold conferences.
Gabriel said that she doesn't have a personal problem with
the casino.
PUBLIC HEARING John MacMillan, 258 Juniper Bend Drive stated that he is a
retired banker born and raised in Kalispell. MacMillan said
that he thinks that this is an outstanding project. He has
seen the property in Missoula and it is a real asset and the
other motel operators encouraged the project because it
helps the whole community and hopefully they will be able to
figure out a way to have a Hilton Garden Inn in Kalispell.
Joe Unterreiner, Director, Kalispell Chamber of Commerce,
136 - 5th Avenue East stated that he cannot speak on behalf
of the Board of Directors tonight because they will be taking
up this matter at their meeting on April 25th. He visited the
property in Missoula last weekend and he was impressed. It
will be an asset to this community and a great benefit to all
the other hotels in the area. Unterreiner said that Mr.
Voelker was correct that Kalispell's bed tax revenue is one of
the lowest in the state. Unterreiner urged the board to give
the proposal serious consideration and he looks forward to
commenting as a Chamber of Commerce when it comes
before City Council.
Don Hines, 2400 Highway 93 South stated he commends the
applicant in his efforts to come into Kalispell and this project
will be a tremendous asset to the south end of Kalispell.
Hines noted a concern with parking when there are local
events that take place at the Hilton overflow parking may tax
the surrounding businesses such as Rosauers, Elks Club, or
Lions Park and should be considered further.
No one else wished to speak and the public hearing was
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 10 of 14
closed.
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MOTION Norton moved and Gabriel seconded a motion to adopt Staff
Report KPUD-06-01 as findings of fact and recommend to the
Kalispell City Council that the B-2 zoning and planned unit
development be approved subject to the 7 conditions listed in
the staff report.
BOARD DISCUSSION Hull asked why the board didn't receive more information on
the project like they have in the past with other PUD's.
Conrad said that PUD's can be very complex but this PUD is
concentrated on the height and the casino.
Gabriel asked how many parking spaces are there and will
they see the signage again. Voelker said that there are 401
parking spaces and Conrad noted there are 146 hotel rooms.
Conrad said that they did a cursory review of the uses to
make sure that the parking was adequate and it is. As far as
the signs the developer will have to apply for individual sign
permits.
Gabriel said that she wanted to address Mr. Hines concern
with parking overflow. She asked where there would be a
large group of 500 — 600 people are the 400 spaces adequate.
Conrad said yes.
Norton agreed that they usually do see a lot more with a
PUD. The lighting plan, landscape plan, etc. Conrad said
that the lighting and landscaping will again be reviewed
through the Architectural Review process and through the
building permits.
Hinchey said that he has come around full circle on this
project. Hinchey said that he is troubled with using the PUD
as to tool to get around the ordinance. In the 2 years that he
has been here he has seen a lot more material presented for
a PUD and perhaps it is the uncertainty surrounding this
project that kept it from getting to that level. Hinchey said
that he is not saying that he doesn't like the project but he
doesn't like the process. He is aware that the ordinance will
be addressed and hopefully corrected to the point that he
can support these types of projects. The applicant has done
everything that Hinchey would have liked to have seen done
to mitigate the impacts of the casino. It is a good project and
he supports it.
Jentz stated that it was his decision to look at the PUD as
the vehicle to present this project. The purpose of the PUD is
to creatively deal with unusual land, design, or other
circumstances and lets them set aside the current zoning
ordinance to provide an improved design through mitigation.
Every time they do a PUD they set aside the law because
they are adding more density than what would have been
there, or are allowing them to move into a setback area that
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 11 of 14
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was already there. A building permit could be approved
tomorrow to build a hotel and convention center because it is
a permitted use. The only issues that this PUD addresses are
the height and the casino. The casino is accessory to this
project and staff would not support a PUD for a free-standing
casino at this location because it would be a gross
manipulation of the intent of the law. Site review and city
staff will spend weeks going over the actual parking
dimension layouts and they have to go to MDT for a traffic
study for approval of the final approaches on the highway.
Schutt said that the discussion of CUP v. PUD shows the
need to have the flexibility to address a situation like this.
Hull said that he thinks that this project is a good idea.
Putting aside the casino/park issue this is something that
Kalispell really needs.
Gabriel said she is very much in support of the concept
because the property, hotel, restaurant and the meeting
space is really needed in Kalispell. Gabriel said the entire
project is wrapped around the casino; however, it is not a
stand alone casino. Gabriel is comfortable that there is a 5
lane highway separating the facility from the park and she is
going to support it.
Taylor stated that the state puts people in a bind and they
have to resist passing that bind on to the applicant when the
board is presented with a project like this. To him, it is a
really beautiful, classy project and it will enhance the whole
of Kalispell and he commends Mr. Voelker for having the
vision. While he is bothered by the casino, he would prefer
another form of entertainment, it is not going to be a sticking
point for him.
ROLL CALL I The motion passed unanimously on a roll call vote.
OLD BUSINESS: I None.
NEW BUSINESS: Norton reviewed the council work session regarding the
redevelopment incentives that he and Board President Taylor
attended.
Norton expressed his disappointment in learning about the
stormwater/groundwater problems that several city residents
are having throughout the city, especially with those
properties that had been reviewed and were recommended
for approval by the board. Norton feels that the developers
should be held responsible, both legally and financially, and
he suggested that a letter be sent from the planning board to
the council indicating the board's concern.
City Manager Jim Patrick told the board that he had several
meetings with staff today to discuss what went wrong and
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
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how to fix it. Patrick said that the city just started growing
when a lot of these subdivisions took place so it was an
initial learning experience for staff and. everyone who was
involved. The city heavily relied on the engineers to put a
design together that would minimize or negate any
stormwater runoff. The people that govern the stormwater
runoff have been the state and with the growth that is
happening they haven't been able to dedicate the time and
effort to the stormwater plans by developers and engineers.
Patrick said that over the last couple of years things have
changed. Kalispell is now a regulated city. Phase II
Implementation of the Clean Water Act requires us to be
permitted. And even though we are not completely permitted
at this point, a stormwater engineer has been hired who has
submitted the application of permit to the state and is also
very knowledgable and dedicated toward stormwater runoff
and stormwater issues. She is diligently reviewing new plans
before they come to the board and council to ensure that the
stormwater and erosion plans are in place, properly
engineered and can be recommended for approval. Patrick
added that at the same time she is looking at subdivisions
coming on line and performing inspections along with the
new Construction Manager who is charged with reviewing
infrastructure improvements and design and construction.
Patrick added this review has resulted in 3-4 major permit
violations issued to developers in the last several months
who were not complying with the Clean Water Act. Patrick
said that it is starting to work.
Patrick reviewed the specific subdivisions with the water
problems and what is being done to remedy those situations
and other requirements that are being put in place.
Further discussion was held.
Norton suggested that a moratorium on new subdivisions be
put in place until the time that these water issues are
resolved. Patrick said that he firmly believes that the things
are in place that will take care of these issues. They will be
trying to play catch up with the subdivisions that had
already been approved, but the new subdivisions coming are
being designed correctly.
Taylor announced that since he was elected to the Flathead
Electric Cooperative Board, he will be unable to serve on the
Kalispell City Planning Board after his term expires April 30,
2006. Taylor said this is best for both his family and the
planning board. Taylor said that it was great working with
this board of professional, first class people.
The board members said that Taylor will be missed.
Don Hines, a member of the Flathead County Planning
Board thanked Taylor for his role in bringing the two
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 13 of 14
planning boards together for discussions on the future of the
Flathead Valley and added that he will be missed.
ADJOURNMENT
The meeting was adjourned at approximately 9:40 p.m.
The Kalispell North Growth Policy Amendment work session
was rescheduled for Tuesday, April 18 in the City Council
Chambers from 7:00 - 9:00 p.m.
The next regular meeting of the Kalispell City Planning
Board and Zoning Commission will be held on Tuesday, May
9, 2006.
George Taylo —,Ik r. T on 4on Michelle Anderson
President U°I ce Recording Secretary
APPROVED as submitted/corrected: 5 / /06
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
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