Planning Board Minutes - April 11, 2006KALISPELL CITY PLANNING BOA & ZONING CMMSSN
NOWTES OF REGULAR MEETING
APRIL 11, 2006
CALL TO ORDER AND ROLL
The regular meeting of the Kahspell City Planning Board and
CAL
Zoning Corr rr ..ssion was called to order at :00 p,m. Board
members present were: George Taylor, Tinaot y Norton,
Bryan Schutt, John M hey, Karl Gabriel and Rick Hull.
BobAlbert was absent. Seams. Conrad. and Tom cent
represented the Ka s ell Planru*ng Department. There were
approximately 2 people M* the audience.
APPROVAL OF AUNUTES
Taylor moved and Gabriel 1 seconded to approvethe minutes
of the March 14, 2006 regular plannmg board meeting.
The motion passed unanimously on a roll eaU vote.
DEAR THE PUBLIC
No one wished to speak.
AGENDA AMENDMENT
Taylor stated that the board will hear the text amendment
regarding the Soo foot buffer for casinos prior to the Hilton
Gander 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 1st
USE PERMT
Avenue East. The property is zoned R- (Two Family
Residential) and although the Hope Pregnancy Center has
been operating for a number of years a. conditional or al use
errs 't was never issued to allow the Center to operate in the
R-4 zoningdistrict.
ST"F REPORT KCU- 6- 03
Sean Conrad, representing the Kalispell a nm'
Department presented Sty Report KC - 6-- 3 for the Board..
Conrad noted that the Hope Pregnancy Center is a part o
the Central Bible Church complex. The center has been
operating for a number of gears and was looking to expand
its services and they realized that they didn't have a CUP to
legally operate, 7herr intent is to make their facihty legal in
terms of the zom*ng district. The center operates out of a
existing residential house, which has been converted but has
maintained its residential. nature. The surrounding area is a
mix f 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 faciiity adjacent to the alley. No comments have
been received either for or against the project.
Staff is recommending .din that the Planning Boardadopt Sty'
Report KC U - - 3 as fmd in s of fact and recommend to the
Kahspell City Council that the conditional use err *t be
a roved subject to 4 conditions, noted in the sta `f re ort.
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page I of 1
QUESTIONS BY THE
Norton complimented Sernor Planner San Conxad on the
BOARD
professional presentation and the layout and addition o
photographs in the staff report.
Hull asked if the center was are overnight facility. Conrad
said no the services are provided between 8:00 a.m. and : oo
P.M
APPLICANT/ AGENCEES
Clair Beaver — Executive D re tor of the Hope Pregnancy
Center stated that the center is not a residential facility but
day use. Peary hours are 2:00 Noon to 4.0 o p.m. . Monday
through Friday and one ovenm' a week — Monday from 4 . o0
p.m. to . oo 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 zorm'g and they wanted c to correct
that issue, which is important to therm especially with the
additional services vices they errant to provide.
Hin h. y asked about the additional services that will be
provided. • Beaver said that they will be bringing on a nurse
manager a er to perform the pregnancy testing, and also be
offen*ng ultrasound services.
Taylor asked if the conditions were acceptable. Beaver said
that the parking lot and the sign pe=it will be the easiest to
accomplish. The handicap ramp will be more difficult but if
that is the requirement they ill comply.
FUBLIC H AG
No one else Wished to speak and the public h. ar � was:
closed.
MOTION
Hinchey moved and Gabriel seconded a motion to adopt Staff
Report KC -o -o3 as findings of fact and recommend to the
Kahspell City Council that the conditional use pest be
approved subject to 4 conditions, rioted. M the staff report.
BOARD DISCUSSIONSchutt
noted that this zoning mistake is an easy one to fix.
Norton said that the Hope Pregnancy Center is a great facility
and here is a. need for it in the community. He was
surprised that this use wasn't grandfat.hered in and he was
sorry that they had to go -thro gh this process.
ROLL CALL
The motion passed unarn'mous r on a. roll eat vote.
CITY OF KALISPELL
A request by the City of Kalispell to amend Sections
ZONING ORDINANCE TEXT
2 . :o3o 5 1 27.15.030(3), 27.16.030(8), 2 . ' .030 and
AMIENDMEN ' - 300 FOOT
2 .. .o3o " 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 meet] n g f Arm I 11, 2006
Page 2 of 14
STAFF REPORT KZ' -- Sean Corral., representing the Kalispell Planning
2 Department presented Staff Report KZTA-o -o2 for the
Board.
Conrad stated that the text amendment is to address the
4 h mu=um 300 foot buffer for casinos from churches, schools,
parks, residential zones and other casinos. The Kalispell City
Council directed staff to review the Soo foot buffer and offer a
recommendation to the planning board.
Conrad said that in looking at the meted locations where
casinos can operate and given the fact that casinos are
required to obtain a. conditional use pest planning staff is
recommending that the Soo 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 re o l of that
property, which requires a. public hearing and conditions the
rezorung to ensure that the liquor license and presumably
the accompanying casino are compatible with the
neighborhood.
Bozeman created a. zorfing overlay district for casinos. Within
that district there are stringent t setback requirements from
residences, schools, churches, and parks. However, Bozeman
also defines a. casino as any business calling itself a casino
or it operates more than one table or 1 gang 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 gammg or more am. machines
and then offefing live keno or card games. Helena has a. 300
foot buffer requirement from residential zones.
Staff recommends that the l alispe . Cif Planning Board
adopt the findings in staff report KT---2 and recommend
to the Kalispell City Council that the Soo foot buffer for
casinos from pail s, schools, churches, residential ,pones and
other casinos be removed from the Kalispell. Zoning
Ordinance.
BOARD DISCUSSION Schutt noted that he appreciated the map details that were
provided with the staff report and Conrad said the map was
Kallspeil City Planning and
Page 13 of 1
prepared by Cookie Davies, the planning department's GIS
Specialist.
Hull asked, why drop aU of the buffers? Conrad said the
current ori.g ordia.nce its where casinos can be located
and using the conditional use process casinos can be looked
at on a case -by -case basis, �r�c in their proximity to
churches, schools, parks and residential areas. if mitigation
would be required for s gna e, limiting the amount t o
entrances, or requiring additional landscapmg for screenm
the pe='t 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 aHow more casinos in some areas.
Norton asked where the Soo foot buffer care 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. F aRs adopted
a conditional use pennit process; Whitefish created a small
opportunity zone at the south end of the city; Kakis eH went
with 300 feet which was one of a series of options that were
developed. Jentz added that Soo feet is a city block. State
law currently regulates boo feet door to door for churches
and schools, so that standard was already in place. Jentz
noted that the board could keep the Soo foot standard and
require a. conditional a.l use pest for all casinos. It allows the
board the ability to look at each one ffidividually and
consider the impacts.
Taylor asked for cl.ar'fication of the state law boo foot buffer.
entz said state law says boo feet door-to-door on the street
t fronts, but doesn't deal with around the corer.
PUBLIC HEARENG Don Hines, Zoo Highway 93 South., stated that he is
representing himself and some other business ovmers south -
of Kalispell. He voted to put the Soo foot buffer into place
when he was a member of the Kalispell City -County Plannmg
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 Flat -head are surprised to
learn that gambling is allowed in the Flathead. There is a
large impact of casinos on the strip �r to Kalispell from. the
airport all the way to Highway 93 South.. At this time the
soutl errr gateway is not really cluttered Ertl . casinos. The
board had already sot aside the Soo foot setback when the
'down pump request was approved for a casino at Four
Corners. 'there is a residential zone within Soo feet of that
location. Hires feels that the 30foot buffer should be left in
place, or perhaps should be increased.
No one else wish to s eak the pubhc hearing was close..
Kalispell City Planning ,hoard
IMmates of the meedng of Apri I 11, 2006
Page 4 of 1
MOTION Taylor moved and Schutt seconded a. motion to adopt Staff
Report KZ-06-02 as mdm s of fact and recommend to the
Kalis efl City Council that the 300 foot buffer for casinos
from parks, schools, churches, residential zones and other
casmos be removed from. the Kalispell Zorn'ng Ordinance.
BOAR DISCUSSION Schutt said that he would like to hear some discussion as to
whether people the that the Soo foot rule is working. By
reducing the buffer could a night spot strip e created in
townIncreasing 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 m' are effort to
event a casino section of tom.
Taylor said he is against elirrLm' atin the 300 foot buffer zone.
e.
He said that while the PUD is indeed a valuable tool they
have core to rely upon as a ease -by -case approach, it va n* es
y who is on the board or in the planning office at that time.
Whereas, if there is sometbing 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 corn dor of
Highway 93 or Highway 2; sooner or later they will be talkie
about casinos on Highway 93 Now clear up to the landfill
and further east on Highway 2, them who knows, west on
Three Mile Drive.
Taylor said we lose sight of the fact that there are already 2
casinos within the city and 54 casinos in the Flathead Valley.
A lot of people core to the Flathead seeking beauty and the
natural wonders and visitors although enchanted with the
beauty do not become an integral ral part of it. Taylor feels that
he is an integral part of the Flathead Valley and fmd s himself
m harmony with nature and his surroundings. e does not
feel �r harmony with casinos and feels that they spoil the
environment that he care here to enjoy. Taylor said the
door should not be opened for more casinos by eliminating
the Soo 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 gran dfat .ered 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 used on population. 'if the 300
Kalispell City Planning Board
Mutates of the meeting of April 11, 2006
Page 5 of 1
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 meted M .ustry.
Schutt asked why the Soo foot buffer was added. e t said
the whole purpose of the Soo foot buffer was the casinos
were cor=g to town so where should they go and should
they be doused or concentrated into one area. Jentz added
t is a different approach if the goal is to prevent additional
casinos.
Hull said that there are possibly 2 new liquor licenses
corning 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
$8002000 M the city and $500 in the County. Hull said that
a monster has been spared 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 tow. because they carp"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 w.th Taylor that the board should do
what they can to lit casinos.
Gabriel said the lights and slgna e in the instance of the
Tom Pump was taken care of by the council. We can't
control the liquor license issue and she oesn "t buy the
concept that Outback steakhouse o -Lhe Hilton can't afford a
liquor l cense. She can, however, understand why they
wouldn't want to pay it. Gabriel sa' . that the Soo foot buffer
issue was adopted for a reason and a city block makes sense
to her. However, a aver or a 4 lame highway is a natural
buffer that should be considered. Gabriel clarified that the
pla .r 'ng board did not forward a positive recommendation
on the Tow. Pump casino CUP it was recommended for
denial on a vote of --2. The Kalispell City Council chose to
approve the Town Pump casino CUP with additional
conditions.
Hi chey 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 e different, but if he lived in a residential tial area
near a casino he would probably l.y like to see the buffer even
lamer. Hinchey said that by taking out the Soo 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- Hi .chey
stated that he felt the Soo foot buffer should stay in the
ordinance.
Kalispell City Planning Board
Minutes of the meeting of April 11, 2006
Page 6 of 1
Jentz suggested that they keep Soo foot buffer but when
there are situations such as a significant traffic system, n' er,
airport, etc. separating the use from the casino they would
be required to have heightened design which would address
sfg.a e, entrance features, building design, etc. to eliminate
the impacts.
Schutt suggested excluding other c asmos from the list of
items requiring a. Soo foot buffer aflo ing casinos to
concentrate but would id maintain the buffers for the other
uses. Huff said that would not handle the problem of having
a park across the street. Taylor noted that apphcation 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 pubhc before a decision is made.
Norton said he feels this is a moral question. We don't errant
gambling next to our church, children, parks or schools. He
agrees with it for those reasons yet he sees other
circumstances -- a 4 lace highway, the topography, the
airport or the aver that would definitely rake 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 here are other gays of getting around it such
as U '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 gnat's what terries
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 Gabnel
suggested that the issue be tabled to give staff are
op p ortunit to develop language that would allow casinos
within Soo feet of churches, schools,, parks, residential
a-reas, and casinos if there were circumstances present such
s separation by a highway, river, airport or topographical
features, etc.
MOTION TO TABLENorton roved and Taylor or 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 ea11 vote.
ROLL CALL ORIGINAL The original motion to approve the text amendment failed
MOTION due to the approved motion to table the amendment.
.t.
Kalispell City Planning Board
M i n utes of the meeti n g o f A pri I 11
Page ? o
f 14
HELTON GARDEN INK AND A request by Robert Voe ker for a. Zone Change from P- l
CONFERENCE CENTER. (Public) to -2 (General Business) and Planned 't
ZONE CHANGE AND evelo ment U overlay district on a 3.4 acre lot. The
PLA.NNED UMT requested. PUD overlay district would allow a Hilton Garden
DEVELOPMENT rn and conference Center to exceed the maximum building
height of 40 feet in the -2 (General .s r�.ess) zoning district
and. place a casino within the hotel/ conference center which
is within 300 feet of a City park.
STAFF REPORT -06- Sean Conrad, representing the Kalispell Pla r
01 Department presented Staff Report K UD-06-o l for the
Board.
Conrad noted the location of the propel' welch is zoned '- l
(Pubhc). The developer has requested. - 2 General
Commercial). The surrounding properties are -2 zoning and
the Growth Policy has designated the entire corridor along
Highway 93 South as General Commercia . -2 zoning is
consistent with the lard use designation. The PUD overlay
distract is seek to allow a. building height for the proposed
hotel conference center to exceed the permitted 40 feet to 5
feet. There is a maximum m of 60 feet allowed conditionally in
the -2 district. They are proposing a casino and the
property is within Soo feet of the park. The highway provides
a. good separation between the casino and the park and was
considered in the staff recon-ime .dations.
Staff is recommending approval of the PUD for the cash o
and they have stipulated some mitigation measures which
mcl d.e limiting signage and entrances into the casino. One
of the conditions recommended to the board in the staff
report was to h it the access to the casino because it is
within Soo feet of a park. In the revised plans received
yesterday, the developers opted to ehminate the exterior
entrance. Conrad reviewed the revised layout for the board.
Conrad noted that the Architectural Review Committee met
this rooming 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 it 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 K U -o -o l as findings of fact and recommend to the
Kalispell City Council that the -2 zoning and planned unlit
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
BOAR] permit is required for a casino, but would the casino in this
case be just a part of the UD Conrad said it gold be part
of the PUD because with a conditional use permit you have
Kalispell City Planning Board
Minutes of t EC meeting of Agri I 11, 42006
Pa2e 8 of1
to have the 300 loot buffer from churches, schools, parks
and residential areas and the PUD would allow some
deviation from. that. Hull said that Mn spite of the 300 foot
rule being in em* stence 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, con=ercial 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
si na e 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 dead.
breaker.
APPLICANT/AGENCIES Bob Voel er, CEO of Gateway Hospitality Group, 8920
Canyon Pals Boulevard, Twinsburg, Ohio, said he is not
here because he wants a. casino because he doesn't.
However, they have just developed a hotel MMissoula and
going through that market they face the sarne thm'g that they
face here, voelker said that he is .not Hilton, he is a
franchisee and he builds and owns the hotels. He Ends sites
and communities that have a. tremendous need for what they
do. He represents about % of the franchisees throughout
the Hilton system and he does a hr ted service hotel and a
conference center. He loves the aspect of food and beverage
n a. Motel. There is a proliferation of the limited service
hotels throughout the country that don't servo 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.
oelker sedd. 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.
oelker stated that the Hilton Garden Inn has been given the
J.D. power card. for the st
raight year which means it is
the best in its class. Hilton is successful because they give
the groups a. controlled environment, a plaice to stay, a. place
to meet and a plaice 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 sane community.
Voelker said he grew up in a. s nag town and he wily
understands what Taylor is saying about being part of the
land and environment this is a beautiful plaice. He asked
�h can"t we share it with people around the country who
Kalispell it r Planning Board
Minutes of the meeting of Aim I 11,
'2006
Page 9 of 1
would love to have their convention in this kid of
environment and who will support the other businesses ire
this comet . ity.
Voelker encouraged the board members to visit the faci ty in
Missoula and ad.d.ed they will be proud to have this type of
facility in Kahs e.l.
QUESTIONS FROM THE Norton said he feels that this facility will be are asset to our
BOARD community. Norton also wondered why they would locate
south of town because all the groom is north. The city will
bereft in several ways by this development it appears to be a
very upscale/ classy development.
Schutt asked if roNa*rity 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 exalted 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 Kaiispell.
Joe Unterreiner, Director, Kalispell chamber of Commerce,
13 - Sth Avenue East stated that he cannot speak on behalf
of the Board of Directors tonight because they will be tang
up this matter at their meeting on Aprff 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 Ka .is ell'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 M his efforts to come into Ka .spell and his project
will be a tremendous asset to the south end of Kalispell..
Hines noted a. corkem with parking when here are local
events that take place at the Hilton overflow paxking may tax
the surrounding businesses such as Rosauers, Elks Club, or
Lions Park and should be considered further.
No one else wished to seak and the public hearing was
Kalispell City 11anning Board
Minutes of the meeting of Apr]I 11. 2006
Page 10 of 1
closed.
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 -2 zonmg are.d piarnel unit
development be approved subject to the 7 conditions listed in
the staff report.
BOARD DISCUSSION Hull asked why the boar. Clidn"t receive more info=a.tiori o
the project like they have in the past with other 's.
Conrad said that U xs can be verb' complex but this PUD is
concentrated on the height and the cas .r�. .
Gabriel asked homer many parkffig spaces are there and will
they see the signa e again. Voelker said that there are 401
parking spaces and Conrad noted there are 146 hotel rooms.
Congad said that they dick a cursory review of the uses to
make sure that the parking was adequate and it is. As far as
the signs the developer wi have to apply for individual s-ign
permits.
Gabriel said that she wanted to address Mr. Hires concern
with parking overflow. She asked where there would e a
large group of Soo - 600 people are the 400 spaces adequate.
Conrad said. yes.
Norton agreed that they usually do see a lot more with a
PUD. The hghting plan, landscape plate., etc. Conrad said
that the lighting and .an sca. ing wild again be, reviewed
through the Architectural Review process and through the
building permits.
Hinchey said. that he has core 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 oesn"t like the project but he
doesn't like the process. He is aware that the ordinance will
he 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
.e
to mitigate the impacts of the casino. It is a good project and
e supports it.
Jentz stated that it was his decision to look at the PUID 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 tiem set aside the current zoning
ordinance to provide e are improved design dough mitigation.
Every time they do a PUD they set aside the law because
they are adding more density than, what would have been
here, or are allowing them to move into a setback area that
Kalispell City Planning Board
-Minutes of the meeting of April I 1..
Page 1 I of t
was already there. A building permit could be approved
tomorrow to build a hotel and convention center because it is
a. l err tted 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
xamulation of the tent of the law. Site review and city
staff wiR spend weeks going over the a.ctuai parking
d1mension 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 sons 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 ark issue this is something that
Kalispell reaUy reeds.
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 fa.ciRty 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 fir. voelker for having the
vision. While he is bothered by the Iasi -no, 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 cad. vote.
O
L BUSINESS. 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
e suggested that a letter be sent from the planning board to
the council indicating the board's concem.
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 meetin gof April 11, 41-006
Page 1
how to fix it. Patrick said that the city just started growing
when a lot of these subdivisions took place so it was a
Lm'tiai learrung ex enence for staff and everyone who was
a.r vo ved.. The city heavily relied on the e gmeers to put a
design together that would . . e or negate any
stormwater runoff. . The people that govern the stormwater
runoff have been the state and with the groom that is
happeru'ng 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
errtted. And even though we are not completely permitted
at this point, a stormwater engineer has been hired who has
submitted the application of pest 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 �r� 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 review
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 ghat is being donne to remedy those situations
and other requirements that are ben* ag put m placer
Further discussion was held.
Norton suggested that a moratorium on new subdivisions be
put in palace 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 serge on the
Kalispell City Planning Board alter his terra expires April 30,
Zoo . 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.
Dori Hires, a. member of the Flathead County iannm' g
Board thanked Taylor for his role in bringing the two
Kalispell City Planning Board
Minutes of the meeting of AmI I I. 2006
Page 13 of 14
ADJOLTRNMNT
George Taylor
President
planning .g ar s together for discussions on the future of the
Flathead Valley and added that he wiemissed.
The meeting gas adjoumed at a r xu*na .el r 9:40 p.m.
The Kalispell North Groff Policy Amendment work session
was rescheduled for Tuesday, April M the City Council
Chambers from 7:00 - 9:00 p.m.
The next regular meeting of the Kalispell City Planning
Board. and Zoning Commission wiH be held on Tuesday, May
1 2.
APPROVED as submitted/corrected:
Michelle Anders.
Recording secretary
/06
Kalispell City Planning Board
Minutes of the meeting of April 1 1-2.006
'age 14 of 14