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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