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Planning Board Minutes - January 10, 2006KALISPELL CITY PLANNING BOAS & ZONENG a MKISSI N NMNUES OF REGULAR MEETING JANUARY 10, 2006 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Plannmg Board are CALL Zoning Commission was called to order at : oo p.m. Board r ena ers present were: George Taylor, i-Tnothy Norton, Bryan Schutt, John Hinhe , Kari Gabriel and Bob Albert. Rick HuU had an excused absence. Tom Jentzrepresented the Kahs eH Planning Department. There were approximately 2 people �r the audience. APPROVAL OF WNUTES Norton moved and Schutt seconded to approve the m-i t es of the December er 3, 2005 regular planning board meeting. The motion passed unanimously on a. roll call Grote. HEAD. THE PUBLIC No one wished to speak. `A.MES &KAREN A request by James 8& men Holmquist for an M''itral zonmg HO MQUIST ANNEXATION designation of R-2, Single Family Residential, upon REQUEST a.rme a.tion to the city of Kalispell on approximately 2.5 acres. The proper is oeate . at o West Ever -reen r r�" 'e just east of Whitefish Stage Road. STAFF REPORT = - 18 Tom Jentz, representing the Kalispell Planning rt en 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 y series of districts. Staff recommended are. R-2 zone which is a 9,200 square loot minimum lot size, single family zone. The applicant is requesting annexation and initial on 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 are. went for serer service and realized that they could not have an additional septic tank, drain Feld on propel because o the nearness of city sewer, and they were then required to nook up to city sewer and therefore the annexation request has been s br 4tte - There has been no public comment received either in favor or opposition of the annexation. Stall' is recommending mere din that the Planning Board adopt Staff Report KA-05- l as findings of Fact and recommend d to the Kalispell Citv Council that the initial zoning for this property on annexation be - 2 , Single Family ResIdential. QUESTIONS BY THE None. BOARD APCANT/AGENCIES Jim Holmquist, 405 West Evergreen Drive state, that e started the building of their new home on the property with the thoughts of tanking down the old. home and were denied Kalispell City PlanningBoard N4 inutes of the meeting of January 1, 2 00 Page I of 1 the use of the current septic tank and were required connection to city serer. Taylor asked if Holmquist had received any comments from any of the neighbors and olr . Est said no. PUBLIC HEARING No one else wished to speak and the public hearing was closed. MOTION Schutt moved and HMe ey seconded a. motion to adopt Staff Report KA - 5 - i 8 as m ins of fact and recommend to the Kalispell city Council that the L'Tiltial orb' for this propel on annexation e R-2, Single Family Residential. BOARD DISCUSSION Norton stated the R-2 zoning is compatiblewith 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 ance of the system, use, and soils • In this case because a. new structure was going up are.d it was a change in use, the Flathead County Health Department artment said no they reed 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 abihty to hook up to sewer and. others do not neces ar .1y have that option. ROLL CALL Themotion passes unanimously on a roll call Grote. UTHER FRENCH A request est y Luther French for initial r designation ANNEXATION REQUEST of R-2. Burgle Family Residential, upon annexation to the city of Kalispell on approximately I acre. The property is located at 1624 Woodland Avenue. STAFF REPORT KA-05-19 Torn Jentz, representing the l alispeH Plaxmmg Department presented Staff Report KA-05-19 for the Board. Jentz said the request for annexation is corm.g before the board because there is already a. house on the font of this property and the apphcant 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 exterd another ta.p from house to house .t would have to big in the service. The onm* is currently county 2, which is a 1/2 acre minimum lot size and the city is R-2 residential, single famfly with a 9600 square foot ?. lot size, which is compatible with the .rror. ndmg zoning. er t described the s rrou m4. Jland uses. c. entz noted that the staff report states es that sewer i also available, .t it is not available to that property at this A time. Kalispell City Planning Board mutes oft h e meeting of J a n ar-Y 1, .2-006 Paiae 1. of 16 Staff is recommending that the Planrnng Board adopt Staff Report KA-05-19 as mdin s of fact and recommend to the Kalispefl City Council that -Lhit tia zoning for this property on annexation be R-2, SMgle Family Residential. QUESTIONS BY THE Gabriel asked it sewer becomes available M the rear future is BOARD it a toma.tica y extended. Jentz said no. If serer 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 are 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 e required to hook up to sewer within a. certain period o time, t.. entz noted that no public comments were received either in favor or opposition to the annexation. Taylor asked homer 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 histon'cally a pattern of extending water and just acted as a. utility because someone requested it.. `fiery little of the rest of the city does not have sewer. Annexation into the city doesn't automatically equate to sewer but of the time people are coming into the city for serer services. Taylor asked if Willow Glen was ever upgraded to a. feeder road would that also include consideration of sewed` along the Road. Bentz said that if there was sigrifficant work in the W that could well be a consideration. Serer is in Willow Glen at the Willows and Leisure Heights subdivisions and overtime with development serer will continue down toward this intersection. APPLICANT/ AGENCY Luther French 1560 Lehi Lane, stated they anticipate building this new house and they thought it would be nice i it was all in the city. They plain 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 fmdm'gs 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 . Kalispell City Planning P540f- % cif 1 ROLL CALL The motion passed unammously on a. roll call vote. HN &BOBBIBONNER A request by John Bobbi Bonner for an initial n` ANNEXATION REQUEST designation o -1 i Neighborhood Buffer District upon annexation to the city of KaHspefl on approximately 2 acre. The property is locate. at 1322 Whitefish Stage Road., now of West Evergreen r*v . STAFF ►FF REPORT KA-05-20 artment Tom Jentz, representing the KaRspell Planning Department presented Staff' Report KA-o -2o for the Board, errtz sa that this property contains a single family residence that operates as a pre- school/ daycare, The applicants are requesting annexation to B-- , are.d noted that zoned RA - B- I already exists across the road. It is currently a county .-�m a.�,.y on g district. Currently the - I zoning would alloy for up to 12 units on the property, although due to the size and parking restrictions it would not e practical. `mere are three prop/des that t onto Whitefish Stage and the owners do not feel that it is a very desirable location for single f ainil✓ because use today o the traffic and d access ant Whitefish Stange! The applicants is are interested in selling the property and have therefore requested B- , Neighborhood Buffer er District in order t provide a. potential buyer with several options for use of the property. entz said that he received one phone call from a neighbor who was eorleemeC 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 B- I zone would probably increase traffic on Whitefish Stage Road, and access is always rs going to be a. problem no matter what use is there. Staff is recommending that the Planning nin r. Boaadopt Staff Report KA - -2 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 rst ct. QUESTIONS BY THE Taylor asked what leverage, if any, does the city have, BOARD operating within the realm of B- I if the ultimate use under a conditional use permit dims out to be a gas station, or oar 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 `five• Jentz said that conditional use permits are granted by grace va by right. A proposal for a gas station or car wash wouldhave to come back before the planning board and the applicant would have to justify how one of those uses would action at this � location in re ar to traffic and access. The board would Kalispell City Planning Beard M i nuts of t he meets n g of J an uary 10, 2006 D . r.,, f# ". r 1 4 have the ability to deny the application or condition it aid make what they felt was the approp6ate recommendation to the city council. Norton said that he knows the neighborhood, there is -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. bush` corner. In looldng at the difference between R-5 and --1 everything mentioned as far as clinical / professional offices, are available M the R- . When you go to the -1 the pe=itted and conditional uses become more intense, Jentz said that he talked to the applicants about R-5 which is sir filar to the -1 but would e are easier sell because of the increase of traffic and the access. R-5 tends to be less intensive depending on the use. The applicants Mated that they preferred. the -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 M close proximity of a school and church. ent said no. "PLICA ►l'T/ AGENCEES John Bonner, the apphcant, said. the property is now zoned RA- 1 through the county. 1f they hooked up to the sever 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 r decrease. Bonner noted that if the property was to go back to a. residential use, or are increased residential use it would e more of a. noise problem to the a.d,� a.cent residents than it could a a. commercial. property. In the evenings and on weekends you would have families Wit . kids and noise generated, but with business it would e closed during those des. Bonner continued that as a professional business office space it would provide valuable taxable income to the city and would also provide a. rice 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 lame 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 ed to accommodate ate rofessio al office space iisfi City Pfanning ,hoard M mutes of the meeting of January I O, 00 including Ong for computer networking and telephones, removing the closets', adding an emergency exit in the basement, and life safety fire suppression and ala= systems. Bonner said that the drive is a loop dri re that has a designated entrance and exit so that the traffic onto and off of Whitefish Stage Road is good.. The property has a extensive tree buffer on 3 sides which makes a rice separation from the other residential omits. 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 - l zor .g. Taylor noted that under the petted use category for R-5 the professional offices listed are exactly the same as for - 1. PUBLIC HEARING Kathy Lane, too 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 pnvacy m their backyard because of the daycare's driveway. She disagrees that the traffic flows the moray 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 owe and �e �e were faced nth the conditional use charge, which became a. problem to them.. It is a very busy comer and at 8 : 15 in the fording and 3: 5 in the aftemoo it is hard to get in and. out onto Whitefish. Stage Road. Lane would rather see restricting the property rather than expanding nd.ia g 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 it 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 wouJd be very difficult. Before John Bonner bought this property it was o the market for 266 days. if there are about 60 cars per day currently accessing this property she asked how -muc i 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 - l 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 amenit y. would be provided to the residents of the area.. Minutes of the mming of January 10, 2006 �� would ohr son asked homer the board thinks that are. Rbe that much different than a. - l , which the exception of the conditional use process where the appheant would have to come before the h oar d for approval. Taylor said that hopefully her question will he addressed under board discussion. Jim Lane,, loo Buffalo Stage asked that when this goes from county zoning into the city do any other requirements change. Lane said that this propel is approximately two feet lover 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 solar 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 K.-05-20 as findings of fact and recommend to the Kalispell City Council that the Mitial zoo g for this property upon annexation he - 5 Residential Professional Office District. BOA1W DISCUSSION Norton said he is a real estate appraiser and he understands the position taken that the property would he more marketable with. - .. However, knowing the character of the neighhorh.00d and the zoning regulations he is concerned that the B-1 zone would allow commercial such as bakery or del., chemical dependency substance ice abuse clinic, music ed.ca.or, prepared food delivery services or retail Food services. Norton said that although this is across the street from - l , the way that commercial complex lex is orientated doesn't face Whitefish Stage, The R-5 allows everything else but hose mentioned, and the builffing 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. Cave's question regarding the state requirements ents regarding approaches. Jentz said that if the property comes into the city and continues as the d.a.y 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 hits and pieces. And tonight is a prime example. He said that as a hoard they have are opportun.1ty to exert their Dint of view a to what they per-1-- -ce- - - ive t e the Kalispell Cltv PlanninaBoard Minutes of the meeting of January 10, 200 Paw 7 of 1 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 Grote, BOARD DISCUSSION Taylor for .did 'd that let it be made as a finding of fact that the board Is voting on a designation of R-5 and not - I for this recommendation. rrtz said that staff will take the fmdin s 3f fact and under the proposed zoru'ng he wifl rote that the applicant requested - I and the planning board requested �r its price an R-5 becausethey are comparable in terms o office and professional o n-im ntal use. Each reference in the findings s will replace -1 with -, and the fmdings will be forwarded d . to the city council. NMDLETONIFISHER A request by Jody Middleton & Lori Fisher for a conditional CONDMONAL USE PERAHT use pest to allow the construction of a wee -unit townhouse in addition to a single family residence that currently exists on the property. The property is located at 1310 - 6thAvenue West in Kalispell. ST"F REPORT KCU-05-10 Tom Jentz, representing the Kalispell Planning Department presented Staff Report KCU-0 -- 10 for the Board.. Jentz rioted that this property is located in the southwest section of the city and is a large` residential lot than those t pI a . to the rest of the city. Jentz described the surrounding hand raises for the board., which includes several 2 emit townhouse onfigurat ions, The area is zoned R-4 which is a sm'gle family, duplex, or 2 unit townhouse zone and which allows by conditional use permit greater onfi,r rations. 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 pewit has been issued for construction of a new 2 car garage that would go with the costing house. One half of the r-o rt ` 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 Too or Boo square feet per unit. Access wfll be froma driveway off` of 6th Avenue Nest. 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 6thAven-ue West. There will be 3 famines who ill live there so it WIR add people to the neighborhood. Infrastructure and services are all t er, and the traffic and arki.g layout works. The applicants will have to core back before the city council for subdivision appro al but if the conditional use pest is not approved there is no reason for them to come back for subdivision regrew. Kalispell City Planning Board Minutes off'the meeting of January 10, 21006 Staff is recommending that the Planning Board adopt Staff Report KC U- o 5 - o as fmdings 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 conditions listed in the staff ` report. QUESTIONS BY THE Norge. BAR APCANAGENCIES Jody Middleton stated that this is a large lot and they have worked with staff to make this project accessible and as rice looking as possible. When they first started out they were cols d ergduplexes,z�g allowunits, 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 httle cracker boxes. Middleton said that they are in agreement ith the conditions and if the conditional use permit is approved roved 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 errant something close without a lot of maintenance. ce. 'aylor said that it seems that the city cold use more of that. Middleton a.dd.ed that they are trying to create are lnll project. PUBLIC HEARING Sandra Johnson, 1401 - 6thAvenue 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 v subdivisions were approved. rear Ashler 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 main homes there is a. good id ear It is anextremely narrow street and if there is a car parked on the both sidles one car 1s Dicky to get through. Johnson asked that the board consider not allowing that hag of a development. No one else wished to speak and the public hearing was closed.. MOTION Schlott moved and Gabriel seconded a motion to adopt Staff Report KCU-o - l o as findings of fact and recommend to the Kalispell City Council that the conditional use permit for construc .on of a three -unit townhouse be approved subject 1 to the conditions listed in the stall` report. Kalispell Clay Planning Board mutes of the inecti ng of January 1, 200 'age 9 of 16 BOA DISCUSSION Gabriel asked nt as the property is currently zoned it could. house 2 duplexes. Jentz said the onin 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 duplexes which would housing units. However, Jentz said that the land might limit the number of units. Gabriel said the point is that there could be approximately atpeople1hvin that space and hat they are proposing are 4 urts with 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 M place by the zoning, the developer has done a good job with the proposal and she felt that it would fit w fl in the area. Norton said that he agreed with Gar' 1. Norton sea' . that h understands the concerns about the roadway but unfortunately we don't have are.y control over that. Taylor said that the apphcants have produced a very thoughtful and thorough proposal and the board would hk to see more of this type of work in and around the city. ROLL CALL The motion passed una u* nou. l on a. roll call vote. BOARDIS USS Gabriel noted for the record that there will be another opportunity for those who wish to present their oncerns to osal. 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 COAUVIERCE, A request by Montana Commerce, LLC for an initial zoning LLC ANNEXATION designation o --2, General Business, upon @nnexa.tion to REQUEST the city of Kalispell on apprwdmately 1 acre. The property i located at 29 10 Highway 93 South at the intersection o Cemetery Road. MONTA ` 1 C MMERCET A request by Montana Commerce, LLC for a conditional use LLC C NDMONAL USIE permit to allow the operation of a. Tad em / Casino at the PERBUT current Town Pump gas station located at 29 10 Highway 93 South at the int r section o Cemetery Road. request for annexation and initial zoning has been fled concurrently with the conditional use permit application, STAFF REPORTS KA-05-21 Tom Jentz, representing the Kalispell Planrang Department XCU- - I I presented Staff Reports KA-OS-21 KCU-0 1 for the, Roam.. Jentz reviewed the history of the rol rty and the conditional use permit for a. tavern/casino that was previouslv approved y the county for this property. Kalispell City Planning Board Minutes of the meeting of January .10. T)-i,ua i o.f 1 However, when they approached the Flathead County Health Department regarding expanding their septic system to a.cco-mr od.ate the tavem/ cas�.r o, the health department d.emed the request due to the close proxn*nity of city sewer. Therefore they have submitted a request for annexation initial onm'of -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 Soo feet of a. county presidential subdivision however, the county does not have sue. do 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 a.d.r=ister the county zoning so it was staffs opinion that this is not a. fatal flaw for this project. Jentz noted that the -2 zoning requested is in compliance with the growth policy. Bentz continued that traffic is pretty well taken care of since there ae 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 cit 's zoning ordinance requires l parking space per 100 square feet. The em'sting store is a 4100 square foot building which would require up to 41 parkingspaces. Jentz noted that what is out there today is grandfathered and the city is not asking them to change or r' crease their parking for the existing structure. However, with the additional of a. 2700 square foot tavern/ casino, an additional 27 parkingspaces would be required. Jentz reviewed the s conditions of approval for the board. Staff is recommending that the plying Board adopt Staff Report KA - -21 as findings of fact and recommend to the Kalispell City Council that the initial zoning for this property upon annexation e - 2 , General Commercial. Staff is recommending that the Planning Board adopt staff Report KCU--05- I I as findings of fact and recommend to the KalispeH city Council that the conditional use permit to operate a avem/Casino at the current Ton Pump gas station be approved subject to the s conditions listed in the staff report. QUESTIONS BY THE Taylor questioned the decision that since the residential area BOARID 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 d that is the dilemma, ma, the same situation would come into play if the industrial property immediately to the merest would develop residentially. Jentz noted that at that point it would Kalispell City Pianning Board Minutes of the meeting of January 10, 2006 n m- I I cd 16 make the casino nonconforming. Jentz said that it is a matter of interpretation and could e 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 entz said because our sign code gives them one year to brig 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 haus by saying it is a county residential zone and not a city or e. The intent of Soo 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 foUowing the intent or spit of the orirace. Hinchey is also concerned that the open space to the west could very likely be residential and then this is a oncon orning use, and the board would be a .owing that to happen. Hinchey stated that the board would be derehct in approving it. Hinchey asked if the Soo Feet is measured property to property line and Jentz said yes_ Norton said it seems that for a wile there a waiver on the plat was allowed are.d 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 appEcable to a subdivision, not an annexation or conditional use permit. APPLICANT/ AGENCIES Bryan. Ago e, Construction Manager for Mo .ta-na. 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 workffig to o tam the 50 required parking spaces, however they need some clarification. .Argo re 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 paring on site today is only 14 stalls. The 10 showing along the property I e a.ga.'st 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, sers, 2 skied - you can say that there are 8 parldng spaces there. A go e said that at their other faculties 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. Ango e continued that regarding Condition #6 relates to the hook-up to city serer 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. zinc ey said that usm'g the gas pump area as parking aiispll City Planning Board Minutes of the uneetIng of January , 200 spacesdoesn't seem to make sense. Angove explained that "o 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 parldng spot while he 1,s o our site. PUBLIC HEARING JoLynn si .erius Yenne said that she is speaking on behalf of the Si e s family who own the property to the west and south of this property. Verne 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 he too close to the residential area which is locate. immediately .orth of Cemetery Road. 2. 'there are already at least 54 casinos in the Flathead Valley that are listed in our local phone directory, they hehe e there is no need for another casino and they do not want to turn into a Nevada. tow. 3. A to ern casino husmess would lower propel 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 Comers for grazing in the summer. Who knows what that property might eventually turn in to They are working as a family and looldng at a lot of ideas of what development might tale place. 4. A tavern/casino business is not the type of business they would welcome as a neighbor because of their family values. copy of Ms. `" enne"s presentation was given to each member of the planni'Lng hoard.. Lyle Cusson, Display Marketing Manager of Montana Commerce, said that regarding the one year timeframe fo - comphance of the sign, they are good neighbors. They have 3 other businesses in the area and they comply nth the laws there. The signa e on those buildings are within the city regulations and the saes at this location will be within the regulations. They will not wait 365 days to slow dog the messages. Cusson said that here are no new licenses in the galley and while it may be that the casino is m 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 ared 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 he good neighbors and work with the community m 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 notion to adopt Staff Report KA -0 -21 as fi n i s of fact and recommend to the alis-Dell Citv Council that the initial zoninvf for this ronert Kalispell City Planning Board M M nutes of the meeting of January 1, 2006 upon a nexaton be B -2 , General Commercial. ]BOARD DISCUSSION None. ROLL CALL - "NWCATION The motion passed. unanimously on a roll call vote. MOTION - CONDITIONAL Norton moved and Albert seconded a motion to adopt Staff USE PERMT — Report KC -o5- l as fi din s of fact and recommend to the TAVERN/CASINO KalispeH City Council that the conditional use permit to operate a Tavern / Casino at the current Tow. Pump gas station e approved subject to the 8 conditions listed in the staff report. BOARD DISCUSSION Norton said that the apphcation indicates hours of operation and asked if that should be included M the conditions. Jentz said that there are stater mandated hours of operation for taverns/casinos which can not exceed:0 a.m. to 2:00 a.m. and added they cannot operate 24 hours a day. The eonver ,ence store however can operate 24 hours a. day. In order to reduce the hours of the tavern/ easmo 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. M' dicate the location of the additional 27 pang 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 l.a.w 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 c it y doesn't manage county property. The fast 1s that 1t 's a residential area. Jentz suggested the board could direct staff to ask for an opinion from the city attorney. Taylor said that e feels that the board would want to have that issue clammed 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 pla=ing issues and move e 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 hoard 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 ilosophical problern with approving air an area. t .at is going to develop into residential. .tial. Gabriel agrees that she doesn't want to tum a cheek with what the co nr is doing but on that same line Kalispell City Planning Board Minutes of the meeting of January I O� o Paize 14 of 16 when the Sid.eri s family decides to sell their property it is going to be right on the city serer line and will be sexed into the city. Gabriel said that this is not a good decision and she cannot support it now or in 30 days. Albert sad 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 r gardmng 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. Hinc ey said that even if they went back and asked the city attorneys opinion and he carve 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 dn'ving away nth 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 fail with the county y discussing this issue without their input. Norton added that a hand out to ask for advice from the counter would be a wise step. Norton believes that residential properties will be developed to the wrest and added that the groom policy designates commercial and industrial use along the highway and this proposal would not be in conflict with the growth policy. Bentz reminded the board that the count' had already approved a casino at this location 2 years ago and the county does not have the Soo foot rule. When you talk about protecting county zones, the counter didn't chose to protect their residential. zone. The applicants were desirous of using the count is conditional use approval and not coring before this board at all and the city said that they wouldn't honor the coon 's conditional use approval. Taylor noted for the record. that when the city has an ordinance that sags that a casino will not be located within Soo feet o a residential. area it doesn't natter whether the resdenti areas county or city. ROLL CALL - The motion failed on a vote of 2 to 4, with Norton and .filbert CONDITIONAL USE PERMT in favor and. Taylor, Schutt, Hinc .e , and Gabriel in ' SRNCASINO opposition. BOARD DISCUSSION Jentz noted that the notion 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 fye ] of 16 MOTION - DENIAL OF Taylor moved and Norton seconded a motion to r c mmr n- CONDITIONAL USE REST to the KahspeH City Council that the conditional use pest for a tavern/casino at this location be denied based on its close proximity to a residential subdivision, and to amen the Endings of fact to support the recommendation. ROLL CALL - DENIAL OF The motion passed on a vote of 5 to I with Norton Lon voting M. CONDITONAL USE PERMIT opposition. OLD BUSINESS: None. NEW BUSINESS* A Work Session on the Kalispell North Growth Policy Amendment has been schedule. for Tuesday, January 24th ,t 7:00 p.m. at Cif Council Chambers. ADJOURNMENT The meeting was adjoumed at approximately 9:25 p.m. The next regular meeting of the KafispeU City Planning Board and Zoning Commission mission W.0 be held on Tuesday, February , 2006. George Taylor President Michelle Anderson Recording Secretary APPROVED as submitted/corrected: / /06 Kalispell City Planning Board Minutes of the meeting of January 10, 2006 'age 16 of 1