Planning Board Minutes - August 9, 2005KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
AUGUST , 5
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Bear. ared
CALL
Zoning Commission was called to order a .m.Board::
members present were: George Taylor, Timothy Norton., John.
Hm. .e , Bob Albert, Rick H, and Karp. Gabriel.. Bryan
Schutt was absent. Tom Jentz represented the KalispeR
Planning Department. There were approm*mately 16 people in
the audience .
APPROVAL OF MINUTES
Norton moved and Gabriel seconded to approve the minutes
of the July 12, 2005 regular planruffig bear. meeting.
The motion passe. unanimously on a roll eaR vote.
HEAR THE PUBLIC
J No one wished to sea..
HERITAGE INVESTORS
A request by Heritage Investors for a conditional use permit
CONDITIONAL USE PERMIT
to allow the expansion of Heritage Place at 171 Heritage Way �
Kalispell by adding an additional 28 beds. The property -is
zoned H- 1, Health Care, which lists nursing homes as a
conditionally err .'tted use.
STAFF REPORT KCU-05-8
Tom Jentz, of the KahspeH PlanningDepartment reviewed
the staffreport for the board.
..
Staff is recommending that the planning board adopt Staff
Report KCU-05-8 as findingsf fact and recommend .men to the
City Councfl that the expansion of Heritage Place be
approved, subject to the listed 8 conditions.
QUESTIONS THE
Hinchey questioned why they would only need 4 additional
BOARD
parking spaces when they are addm' g 28 beds. Hull added �
that there would be additional employees also and asked
where they would park, Jentz responded that most of the
residents of this type of facility are no longer able, or wish t
drive and the parking requirements are standard for this
type of facility and the number of residents & employees.
PUBLIC HEARING
The pubhc hearing was opened to those who wished to speak
on the issue.
APPLICANT/AGENCIES
Ron Yersa.ek, representing Heritage Place a -id that they ar
really excited about the expansion and as the valley grows �
the facilltv will be in demand.
� w
z
PUBLIC COMMENT
No one else wished to speak and the public hearing way
I closed.
MOTION
i Hinchey moved and Gabriel seconded to adopt Staff e ert
Kalispell City Planning.Board
Minutes of the inecting of August 9, 2005
Page
KCU-05-8 as fmdings of fact and, based on these findings, ,
recommend to the Kalispell City Council that the conditional'
use: permit for the expansion of Heritage Plano be approved
subject to the stated 8 conditions.
BOA DISCUSSION
Norton noted that he felt that the zoning regulations are too
restrictive at times and said that this type of use in a halt
zone should be allowed as a. petted use are.d not a
conditional use. Norton added that this proof that the �
zoning ordinance needs to be r viwand amended. �
ROLL CALL
The motion passed unanimously on a. roll call vote. �
PRELIMINARY PLAT -
A request by School District No. 5 for preliminary plat
GLACIER HIGH SCHOOL
approval of Glacier High School, a. one lot subdivision
containing approximately o acres at t.e southeast corner o
Wet Reserve and Stillwater Road.
STAFF REPORT K - 5- 3
Tom Jentz, with tie Kalispell Plannm'g Department, gave a.
presentation of Staff Report K -o5-13 ,
Jentz reviewed Condition #4 which deals with the city street
.........................................................................
propose6' ..... m � ''of the property and
who is responsible for the construction costs of the street. In
the condition the city is asking the high school to pay for the
entire road. The school is looking at opening in 2007 and as
of today it would be a. road gom' g to nowhere until the bypass
s constructed beginning In 2008 or 2009.
Jentz suggested the following amendment to Condition
"'the future City Street indicated on the accompanying site
plan along the o .t i rn o n a.ty of the property be fully
developed as follows:
a, The School District shall acquire a. 60 foot wide R W
for the entire length of the proposedsoutherly her'ly street 3
extending from StiRra.t 'r Road on the merest to the�
Section 36 Connector on the east. This i ce' shall be
dedicated to the City of Kahspel .
b. The School District shall develop the westerly Soo feet
of this R W extending from Stillwater Road easterly.
The Roa.d sha l be built to city sta... .a with the
design. and construction approved by the Kalispell
Public Works Department.
. The DNRC will be responsible to ensure that thel
remainder of the R W is developed as a. city street
over time as development occurs along the R W.
Jentz noted that the amendment has not fret been fug
Kalispell City Planning Board
Minutes of the meeting of August 9, 200-5
Page 2 of 1
embraced by the school district and added it is not intended
to case undue hardship on the school district but the road
needs to be built.
Staff is recommending that the planning board adopt staff
Report KP- 0 5 - 3 as findings of fact and recommend to the
City Council that the preliminary plat of Glacier High school
e approved, subject to the listed conditions, as amended
above.
QUESTIONS BY THE I Taylor asked for clarification on who would be responsible for
BOARD development ent of this street to the south. Jentz said that
DNRC is actively developing all of section 36. Within the next
year the entire southwest quarter wiH be coming in for
residential development. ent. Future users of this property, as it
develops, will be responsible for extending the street as they
provide additional traffic on the site. Taylor asked if Jentz felt
secure that this would not fall back on the high school. Jentz
said yes. The school district will purch ase the R v but 't v ie
e granted to the City and the school distr' ct wiH be clear.
Taylor asked if 4.c. was too open-ended
result. Jentz said that any deveio meat
through. subdivision
board.
review and will be
as far as a. final
will have to go
back before this
Gabriel asked if the future development was is the middle
of that street, who would be responsible for constructing sting the
street to access this development. Jentz said that it will be a
negotiating factor between the state and whoever leases the
property for egress and m.ress.
inc ey thought that Condition #9 should specifically state
that the project should comply with the newly adopted
lighting and si na e ordinances. Jentz noted that we are still
in the review and approval process for those standards, but
the wording cold be added.
PUBLIC HEARING The public hean'ng was opened to those who wished to speak
on the issue.
APPLICANTS/ AGENCIES Corey Johnson, CTA Architects Engineers representing
School District thanked the board, the Kalispell Planning
Department and DNRC for their participation in making this
the best community project and new high school fa.ci 1ty that
we can have in Kalispell. Johnson said that they understood
from the beginning that they needed to meet the zoning and
Spring rair .e PUD requirements. CTA has been designing to
these standards and working with the City as they move
for -ward with design and construction. There are 2 requested
amendments to the PUD and they are going under a separate
site review for that process.
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Kalispell City Planning Boar
Minutes of the meeting of August 9, 2005
Page 3 of 1
They believe that they can comply with all of the staff
recommendations endations with exception. o . They have been m
discussions regarding a possible amendment ent to Condition
and they cannot make any decisions until they have the
arovai of the school board.
Johnson continued it has been their understandi-ng as they
define the future so t em street that it was not going to be a
criteria for the school district to purchase and install this
road. They have not had enough time to work out the
negotiations with the planning department and DNRC to
adequately assess it. This has been an exciting project and a
very challenging grog site and they are looking at future
developments and the future bass, future funding
implementations and trying to design the school to current
streets and intersections has been challenging. They
currently ia.ve Stec ing Engineering doing a traffic study and
report, and they look to StelliLng as to how to make the
streets and intersections as safe for the community as
possible.
Don Murray, Chairman of the School District #5 Board,
introduced Chuck Cassidy, the Director of Facilities and
Transportation for the school district and noted that they are
pleased with CTA Architects Engineers, and specifically
Corey Johnson.
Murray said that the board's role is to make a
recommendation to the city concerning the staffs input on
how to deal with the site and in particular this street. The
street and expense associated with it is daunting for the
school board. They are trying to squeeze every cent that they
have out of the funds that they have to build the new high
school so any additional expense like this is a seo,s
concern and setback. The school board has not had a. chance
to talk about the recommendations endations regarding the street so
they are not able to take a position yet. He added that they
don't necessarily disagree with the recommendations but
they vfflf be conferring and will try to respond as quickly as
they can.
Murray continued that when the board makes its
recommendation to the city he would ask that the board
considers how they assign the responsibility for the street.
e does not feel that the school district is the developer, the
developer is the DNRC. Murray assured the board that the
school district and DNRC will have discussions as to who is
responsible for what aspect or the street. Murray asked that
in the board's recommendation to the City they refrain frorn
specifying who they think should do what, and leave that to
the school district and DNRC.
Kalispell City Planning Board
Minutes of the meeting of August . 2 005
Page 4of1
Murray thanked the boaxd for their time and guidance to the
City on behalf of School District #.
Steve Lorch, DNRC reviewed the role of DNRC as trust land
managers and noted that they do not have capital
development funds and do not consider theraselves as the
developer in oases like this. They have the lamed, and if a
easement is required they will work with the school district
to determine the cost. The development of the property to
the south and the continuation of the street v .l probably be
complete within 7 years, based on the estimation of what
might happen with the bypass connection which will
undoubtedly rake the property more attractive to
developers.
Taylor asked if the constraints i temal to DNRC would
prohibit the organization from a .irl the W. Lorch
noted that DNRC is the landowner and they would be
acquiring the /v from themselves. Taylor rl.or sal.d. that if a
sheet was constructed on that R W who pays for it, the
developers to the south of the street? Lorch said in this case
because of the order that things are occurring, it is really not
practical to ask the school district to buy 30 feet o W and
build the north half of the sheet, because it will not function.
But as development to the south occurs DNRC will bear the
responsibility of working with developers to construct all o
the street, as needed, which will be a wash in terms of the
cost of getting the infrastructure built, and will allow it to
happen in an order that fits with what is actually happening
on the ground. Lorch said that DNRC is in support of the
new Condition # .
Norton suggested that perhaps a. timeline should be added to
the condition so that DNRC would construct the sheet and
as development occurs they would be entitled to the
latecomer's fees. porch said that he doesn't know if DNRC
would be able to come up with the capital required to
complete the sheet but knowing the value of the land,
especially due to the close proximity of the high school, they
will be focusing on the development of property to the south.
which W1ll be in demand.
Norton said that when development occurs it would be in the
best interest of DNRC to have that developer improve the
sheet aH the way through and then have that developer
receive the latecomer's fees. Lorch said that isn't
unreasonable but not as a condition nth the high school
subdivision. boreh would gather see that happen if and
when another developer comes in. The der.a .d and need for
the road is not currently .tly there.
Taylor suggested that another approach would be to consider
adId state "but
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Mints of the meeting of August 9.. 2005
Page 5 of 16
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no later than the construction of the feeder route of West
Reserve into the Highway way 3 interchange." entz M* terjecte
that we could see construction of the bypass starting as eax .y
as 2008 and ossibly drivm'g on it in 2009.
Norton asked if the 60 foot R W is part of the lease with the
school district. Lorca said yes, and noted that it is a function
of the order of the process and in the mature DNRC will be
requiiing subdivision review prior to execiating these types o
things as the order is awkward and puts DNRC to a
position where someone might be surprised by something.
PUBLIC COMMENT J No one else wished to speak and the public hearing was
� closed.
MOTION Norton moved and Albert seconded to adopt Staff Report
r PP-05- i 3 as findings of fact and reconrimend to the City
Council that the preliminary plat of Glacier nigh School be
approved, subject to the listed conditions, including the
revised Condition .
BOARD DISCUSSION Hu�l said. that in looking at this he sees a traffic disaster
wwtirrg to happen until the bypass is built. Essentially you
are not going to be able to get to the school from the east at
a . because it is right turn only off Reserve. It is a. two-way
stop which is one or the most controversial intersections M
Flathead County are.d wi e required to rake a left t m
i directly in front of rush hour traffic and at the bare
minimum there should at least be a temporary traffic light at
1 Stillwater Road and West reserve Drive. There might every
have to be a traffic light at Stillwater Road and Tree Mile
rive.
Jentz said that the traffic impact analysis that will be
undertaken will look at the level of infrastructure that will
need to be installed at these intersections. As the school
opens you will be looking at afreshman/ sophomore class -
half occupancy, but there will still be traffic impacts. Murray
stated that they wiH be looking at a 3 year class and. ,. ent
revised his statement t to include a. junior class. Jentz said
that they will rely on the traffic impact analysis to determine
what needs to be done. It is not critical for the high school to
use the street, it would e a convenience. When. the bypass is
built there will be a significant connection that will funnel
traffic to a. controlled access at Costco. It is staffs position
not to assign res onsibi ty but to bring players to the table
to see that it ultimately gets done.
Hull said that he feels the board has to declare that there will
e a. serious traffic problem until the bypass is built. He
added that the school district has to take it very servo sly.
Jentz said that the school district is not shirking that but the
Kalispell City .Planning Board
Minutes of the Meeting of -August 9, 2005
Page 6 of 1
reality is that we are not traffic engineers and they have to
rely on Stelling Engineers and MDT to approve what level of
improvements will be required.
Taylor suggested that in relation to Condition 3 would it be
preferable to speak in terms of more than one traffic
analysis, a continuing series of traffic analyses s as timgoes
on. Jentz said that the analysis ysis will look at the full build out
for the .high school site, in light of what is going on around
them.
Gabriel asked about the signage and what the school district
is limited to when Pepsi and Coke come to them offering free
sigrrage for reader boards, or on the scoreboard. Jentz said
that school signs are limited in size to 24 square are feet in area
per sign face with a height restriction not to exceed 6 feet.
Hull reiterated his concern about the additional traffic and
safety issues. Taylor said. that he understands the concerns
but isn't sure what the board can do.
Norton asked about sigrxage and lighting in relation to
stadium lights. Jentz said stadium lights -.i be used but
they are only used for a period of time theme. they are t med.
off due to the cost of running them. . Stadium lights would be
exempt from shielding, etc. Jentz continued in relation to
signs, if it is Within the stadium and is not seen from the
public road., the City doesn't get involved because they only
restrict signs that are located within' view of a public R W.
Taylor asked if would be better to have Condition
reference the recently approved lighting standards as Mr.
Hinchey suggested, and revise those standards to address
the stadium lights, before the stadium is even built. Jentz
said that he would be comfortable with referencing the
lighting standards because when they come into effect, it will
be an ordinance that everyone has to comply with.
Norton said that he feels that the a nendrrserit to Condit —ion
is very acceptable because there is responsibility in
reiati rxshi s. By . avmg the school acquire the 60 foot R W
is not as much of a detriment to them as it would be to
actually construct the road. N rton said that he would favor
putting a deadline on the 4.c. portion of the amendment to
e 2010 just to erasure that it is done. Perhaps by them.
NRC could allocate the funds needed, to complete the street.
e agrees that with the location of the high. school the
property will be prime and there vAil be developers
C4chomping at the bit" to develop residential property there.
MOTION TO AMEND Norton moved and Hull seconded to amend Condition 4.c. to
CONDITION #4 add, "and in air event not later than 12 31 o . As the
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Minutes of the meeting of August 9, 2005
.gage 7 of 16
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sotithem sector is developed, the first lessee wiU be required
to extend the street aE the way to the eastern terminus of the
bass connector and be entitled to the latecomersfees."
BOARD DISCUSSION
Jentzsaid that the dilemma is that we would be starting to
a loom age DNRC's business, and the r scould be
aJI developer who would then be responsible for
construction of a one-half mile -road..c�, Jentz said that it could,
f
be modified to state that no later than 2 years after 11
completion f the Section 36 bypass connector, but -if,
nothm'g happens out there the need isn't there to put the
f
E
road in.
AMENDMENT TO THE
Norton moved and Hull seconded to amend Condition . • t F
AMENDMENT OF
add, 6`no late" than 2 years after the completion of the
CONDITION
.
Section 36 buss connector."
RO I CALL I,
The motion passed. a vote 3f with Hinchcy i
AMENDMENT TO
opposition.
CONDITION
i
BOARD DISCUSSION
1 Additional discussion was held..
ROLL CALL - ORIGINAL
The original motion passed n 'mu.sly on a roll caU Grote.
MOTION`
f
SEVENTH DAY ADVENTIST
A request by the Seventh ay Adventist Church for a �
CONDITIONAL USE PERMIT
conditional use permit to ahow the expansion of a non-
conforming nformi use, a Community Service center, located at 494
Ninth Ave EN.
ST"F RFPORT KCU- s-7
, Tom Jentz, with the Kahs eH Planning Depa-rtment, gave a
presentation of Staff Report KCU- 5- :
Jentz reviewed the letters that were received from Joseph�
Sharon Copeland, Williams, & BaTbara Arthur, and Katrina
Kiger, nearby property owners who are in opposition of the
conditional use permit.
Staff is recommending that the planningbeard adopt Staff
Report KCU-05-7 as findings of fact and recommend to the
City council that the conditional use cruet for the
5
expansion of the Seventh. Day Adventist .tist Church Community
Service Center be approved, subject to the listed
s
conditions.
'E.S TIONS BY THE
J c . ntz reviewed the site reap to address questions from the]
'BOARD
board..
PUBLIC HEARING
� 1
The � �. �dwEs c to s ca7k ,
. the issue.
Kalispell City Planning Board
Minutes of the meeting of August 9, 2005
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APPLICANT/............ . . ...-...---.-....
AGENC ES Mic .a.el .end., who is assisting the a lica .ts, said that the
Sm Mounter Church is located just on the other side o
the alley. This storage is badly needed by the Community
Service Center because the existing buildingis fairly small.
People do drop off items and when the items are large there
is no place to store them and the expansion wifl provide that
space, and therefore clean up the immediate area. Blend said
that their goal is to blend in the roof lines and attempt to
make it look like part of the buildm*g and not are addition.
The church has been there for 40 years and is a tremendous
service for the community.
Taylor asked if the condition to pave the parldng lot was a
undue burden on the church. Blend said that they have
attempted to do some .fundraising to help cover the costs, it
is a lot of paving but he sees the need to be done to keep the
d.s down.
Taylor asked. if the proposed addition will be sufficient to get
rid of the items that are left outside which then becomes an
eyesore to the neighborhood.
Care' Largent, Chairman of the Board for the Center stated
that one of their big problems is because they do collect
things from the community, thins get dropped off, and a lot
of times they get used as a garbage dump. They have put
signs up to try and limit the amount and thanes of dropping
off items, and have closed the drop off shed. Largent noted
that the inters they have are mostly from the other
community second harld stores consignment shops - items
that they cannot get rid of or do not want anymore, which
the center goes and collects. At this point in time there is
rarely anything left outside longer than a week, and if they
don't want it it's hauled away. . ar e .t said that the iidmg,
along with the addition should be enough to take care of
what they have and receive.
Norton asked about the type of building that is proposed.
Blend said that the btiilding will mostly .y e used as storage
and a processing center to distribute clothing worldwide
through the Adventist Development Relief Agency.
PUBLIC COMMENT Katrina. Kilter, 496 - 9th Avenue, e, N asked if some of the
5 dilapidated building was going to be removed becaLise she
said that it is sitting right on the property line. Kiser said
that she has had vagrants sleeping nd.er the tree in her
yard., and she wants that to stop. 'Taylor asked if things have
changed since the drop off shed was closed and K. er said
yes that since Jerry & TrWe Netigebauer have taken over
this have greatly improved. Kilter said that she was also
concerned about the amount of tral`fi.c and the additional
traffic that the addition might.......�erate. Ki er said that this
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Kalispell Cits, Planning Board
Minutes of the meeting of August 9, 2005
Page 9 f 16
fs a very narrow street and a quiet neighborhood and the
traffic creates big problems.
Jew Ne .gef a ear stated that his wife T =e is the director o
the Community Service Center. Neugebauer said that in
reference to Ms. K.ger's eo cems about traffic, he agrees. It
is a narrow street. He spoke to the neighbors directly across
from the center and they were disgusted with the amount o
traffic on 91b Avenue, especiaUy on Tuesday nights.
Neugebauer said that you can hardly get up and down the
street. There are new neighbors who have some kind o
religious meeting on Tuesday night ever week and
Neugebauer has offered to let their group park in the center's
parking lot to clear the street, but they have yet to park
there. Neugebauer sadd that they have tried to alleviate some
of the congestion.. He added the 2 sheds, which are built
close to the property line, should defmitely be removed..
Taylor asked if Neugebauer would be in the position to assist
with the removal and he said that he would.
Hinc ey said that if those sheds are on the property line it
appears that the new addition would also be on the property
fine, and asked if they would be making the same mistake.
Blend said that the addition will be within the setbacks,
feet 6 inches from the property line and the setback is 5 Feet.
Blend said that the Shining Mounter Church has expressed
an interest in sharing pang which could be pursued to
alleviate some of the traffic problems.
MOTION Gabriel roved and Hull seconded to adopt Staff Report KCU-
o - ' as findings of fact and recommend to the City council
5
that the conditional use permit for the expansion of the
Seventh Day Adventist Church. Community Semce Center be
approved, subject to the 5 fisted conditions.
BOARD ISCUSSI N Gabriel said that the folks here have made an effort to
address the neighbors eoncems with the blight, and she
commended them for working with t .eIr neighbors. Gabriel
said although she questions the expansion of a non-
conforming use she sees no harm in the addition and she
thinks it will improve the existing building. She fully
supports this project.
Hull asked if they should make tearing down the sheds a
condition. Largent said that the sheds are going to be
removed as soon as possible.
Hinchey said that he has some reservations about this
project. He understands that the applicants have every right
to pursue this endeavor at the current location because it is
ran. fathered, however, it is non -eon or miand in an R-3
Kalispell CityPlanning oar
Minutes of flie meeting of August 9, 2005
Page 10 of 16
zone and in his opinion sets a dangerous precedent. P.J. �
Sorensen noted that they are meted to o more than a 0%
expansion at this site, period. Any new property that was
purchased would have to conform to the current R-3 zoning.
ROLL CALL
3
The motion passed unanimously on a roll cad vote.
OLD BUSINESS:
g
TEXT AMENDMENT -
€ Tabled at the July 12, 2005 regular meeting -- A request for �
DOCUMENT STORAGE I
- are amendment ent to the KalispeH Zoning Ordinance to allow'
g DISTRICT'S s ROGER
A rental storage units in basements of existing buildm'gs in the
' SILIEI
z7 B-4 zoning; district.
I
STAFF REPORT
Jentz distributed letters received after the public hearing was
held for the board to review. There was concem expressed.
3
that the neighbors were not notified and Jentz noted that a.
text amendment that has bread application does not have a
requirement ent for notification. He added that a conditional use ?
err it would require notification, but a permitted use would
not. The neigh ors were concerned that the text amendment
was not a good precedent being established in the downtown
commercial core area.. They felt that downtown needs to be
mmnta ned as ay vibrant commercial area and do not look at
a. store, even in basements, s, positive trend.
Jentz noted that there was discussion at the heaxing last
month on whether a sen*es of conditions should e provided,
that everyone would have to adhere to, or making it a
conditional use permit where each application would be
looked at on a. case -by -case basis.
QUESTIONS BY THE
Taylor asked if these neighbors were able to review the
BOAIZD
f standa-rds that were developed. Jentz said that these letters �
j u st came M and as far as he knows they did not have a.
chance to review the standards.
sE
3
Jentz said. there is 4 ways to approach these requests, make
them a permitted use with no performance, standards, a
ermitted use with performancestandards,.d.use a o � �
permit with performance standards and each application
would ld. be reviewed by the planning board and city council, or
to deny the request.
[ Taylor asked if there was any input from other businesses in'
terms of the performance standards. Jentz said none; these
letters came to our office unsolicited by staff+
Hull sax.d that the reason that they did not goo with a 3
conditional use permit was time, they wanted to get gees
done as quickly as possibly,' for the applicant's benefit. Hull
Bald but now � r�e� or �rr�� �d�ate ad' aee t to this
Kalispell City Planning Board
Minutes of the meeting of August 9, 2005
Page I I of 1
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property m oppositon is a significant number. The board
should look at a conditional use again.
Butch Clark, a member of the audience asked if he was going
to be able to speak to this issue. Taylor noted that this is not
a public hearing. Clark said that this came out of the blue
and none of the downtown business owners where aware of
it. Taylor explained that is the reason he was asking if there
had been anym'put from the business community. As Board
Member HuH explained., Taylor continued, the board was
attempting to reach a decision specific to the Kelly Main
Street Building situation, but not make it one size fits all.
Clark expressed his disappointment that they were not
advised or asked about the proposal and ad.d.ed that he has
$3.5 million dollars ingested in property right down the
street and no one said a word to him.
Norton raised a point of order that this is not the time for
banter but is under old business and public comment was
already taken at the public hearing in July. Clark objected..
Taylor caned for order and suggested that the board needs a
broader perspective in terms of what will work in the
downtown business sector. Taylor said that this was not
intended to be shoved .d.er the door or an end run around
anyone. It was intended to be a conditional use -permit for
the specific needs of Mr. Sib er .d's business.
Jentz noted that the board is still discussing whether this
text amendment t would be appropriate or not and whether it
should be treated as a conditional use permit, in which case
the applicant would have core back through the process
again., and the adjacent property owners would have to be
notified. He continued that Mr. Clark is frustrated thinking
that this is a done dead,, which is not the case.
Taylor asked to suspend the motion in order to allow a more
free flow of discussion regarding the proposal.
Albert said that he feels that
imposed through a. conditional
problem -" th the storage but
placed on the type of stora
standards should be more spf-
be stored..
there reeds to be conditions
use permit. He doesn't have a.
there needs to be conditions
;e, signs, and. parking. The
-.ffie as to the size of items to
Gabriel said that she is feeling Mr. Clark's angst because he
and the downtown community have put miHions of d.oi axs
into the buildings and she hadn"t looked at that perspective
when this was discussed the last time. Through Council they
are putting quite a bit of effort into a downtown plan and she
thinks that the board should slow down and get the input
Kalispell City Planning Board
Minutes of the meeting of August , -2005
Page 12 of 16
`rorn the business owners, and more public input.
Hull said that they were trying to get this done in a hurry.,
they saw no opposition, and the text amendment was the
method to do that. Hull said that it should a conditional
use and decided on a case -by -case basis and they could be
o eTIMg the door for things other than documents and they
cannot write standards that are specific enough to handle
every situation. on. Since there is downtown opposition the
board. now knows that they need to take the time to do that.
Hinc ey said that he does believe that this should be a
condit.on.al use; he believes that the board should kill this
proposal. right here and now. Thisboard's efforts have been
to provide Arc itect ral Standards, Lighting Standards,
Signage and trying to beautify downtown and bring it up to
its full potential. Storage doesn't do that and produces a big
1 a and downtown with a. whole host of issues that would
have to be monitored and the public service resources would
e taxed. Hinchey said that the issue is that it is just not an
appropriate use in the B-4 zone:. Storage is an appropriate
use in the industrial zones. He understands the applicant's
concern about paring because as a member of the parking
board he knows the issues, which are being addressed.
,offing someone to change the use of their building
because of this perceived parking problem is not the r ght
moray to solve that problem either.
Norton said that he is disappointed that the President
allowed banter with a member er of the Public, and apologized.
that .e interfered and should acre allowed the President to
handle it in due process.
Norton continued the Board did provide public notice, it may
not have reached everyone but the la.w wra.s followed. After
the meeting they cane to the rea.aton that they did not
want this to be a blanket text amendment. Norton said that
they are still at the point that they have not yet reached the
d.owntown. business owners and because they aren't aware o
hat is going on. Downtown is historically the central
business district of our community and if we are going to ask
something of them then they deserve the o ort nity to
speak and be notified of issues that are before the board.
Staff, , or a board member, needs to rr Ate a press release for
the Daily Liter Lake, and to also contact the business
owners. Norton added that in. all fairness Mr. Siblerud has
followed the process but the board needs to get more input.
Taylor asked if the staff had the budget to publish something
n the paper or to contact the business owners. Taylor said
that they do want to get the appropriate business community
involved. He feels that the board would then be able to come
up with a. solution that would be amenable to Mr. Si er .d's
Kalispell City Planning Board
'Minutes of the meeting of August 9, 2005
Page B o 16
purposes as well as pass muster with the badness owners.
The board now does not wish to just push something
g
through and theyhad not thought about that her the
board was addressing the sole problem of Mr. sibler . ..
Jentz suggested. a Public Service Announcement that woold
outline the approaches under consideration to hopefully get
the word out to their members.
5 MOTION
Taylor made a motion seconded by Gabriel that the
recommendation do that t the application be tabled for 60 days
until staff can notify theresidents/ owners of the - -
siness District, which wiH enable the board to get ample
public input, before a decision is made.
f
ROLL CALL
The motion famed on a vote of 3 in favor and 3 in opposition,
with Hull, Taylor & Norton in favor and Albert, r ine..ey &
Gabriel in opposition.
BOARD DISCUSSION
Hinchey sadsadd that he is concerned because this came ;
before the boar. a month ago and -it was tabled. It has now
been, brought up again under Old Business, it has been
through the process. We have beard from property owners,
business people in the area. It seers to him that we are ;
spinning our wheels. Hinchey asked why they are directing
staff to go off and do more research.
MOTION T DENY
e ey made amotion seconded by .lbert to �. t o
request for a text amendment to allow record storage in - �
zones.
BOARD DISCUSSION
Taylor said that with that motion, nothing gets done. The
hoard will deny Mr. Siblerud the benefit of any action at aff,
and then it is a deadissue as far as the business community
'I
is concerned. The board will never irr get public input from the
ownt um. l they have - 3 or letters and
Taylor
w7., ay or feels uncomfortable with this type of action.
i
Hull said the board, on ina y proposed this as a. favor to
downtown, an additional business that could be offered
downtown. Hull said that this is already happening pening because
Bite Savvy offers off site storage of computer ties, It is not
somethffig that should be outlawed.
5
3 Hilichey said that it seers to h1m that if they are storms
tapes it is a completely different issue to having a storage
locker type of operation. Hinchey said that hedoesn't agree
that the board is killing this issue in perpetuity. They are
�y y� �-y
sy� , -. that right now t is not appropriate. If someone grants
to bringsomethinglike this up in the future, e doesn't feel
that the board. -is precluding that at all. Further, hedoesn't: :
think that we need to hear from 250 downtown business
1 alis elt City Planriing Board
Minutes of the meeting of August 9, 2005
Page '14 of 11
ovvmers if they have already y heard from people in the
immediate neighborhood, ., .ic is all they normafly hear
from anyway.
Taylor disagreed. The board heard from a narrow scope and
hedidn't have any idea that any other businesses would
react this way. If the boarddoesn't provide for m'Put now
then they could just sit on it and. wait until the next thing
happens, which isn't Taylor's way of doing business.
Norton said that he agrees with Taylor, if they do not hear
this through it will kill it until 20 years down the road. We
can place restrictions where this would be viable and not
detrimental to the downtown businesses. Norton said we ogre
it to the downtown businesses to hear both pro w-id con. We
want to e.cora.ge as much business as we can for t.
downtown B-4 zoning and if we limit it to a rental space of 2
square feet it is still an option..
Gabn'el said the main reason that she voted.r o to the motion
to table this item for 60 days was that 60 days is too long.
Gabriel said that she thinks the majority of the feedback will
be against this proposal. Gabriel suggested that Hinchey
withdraw his motion and shorten the timeframe and attempt
to get input from the downtown business owners to see what
they want. Gabriel suggested that 30 days would be a more
manageable timeframe for both Mr. Siblerud and to notify
the public.
Jentz noted that whatever decision the board rakes will be
forwarded to the City Council as a recommendation, r t er
to approve or deny. Jentz said that the proposal doesn't die
here because the City Council is the ultimate decision
making body. Jentz added that the board cannot in efmite y
table the a. cation either.
Hinchey requested a Grote on his motion to deny the text
amendment.
ROLL CALL - MOTION TO The motion to deny failed on a vote of 2 to 4 with Norton,
DENY Taylor, Albert and. Gabriel voting in opposition.
MOTION Taylor made a motion seconded by Gabriel that the
recommendation that was set before us tonight be tabled for
30 days until staff can notify the residents/owners of the
Business District so that this board can getample public
1 input before it makes a. decision.
ROLL CALL The motion to table passed 5 -1 a roll call vote, with. Hinchey
voting in opposition.
Kalispell City .Manning Board
Minutes of the meeting of August 9, 2005
Page 15 EMI 1
BOARD DISCUSSION Jentz clarified that staff w.fl solicit input and hold another
public hearing within 30 clays. The Board agreed that
another public hearing should be held.
NEW BUSINESS [ None.
D URNMEN 'the mee ng �a a j m. e at approximately .M,
George Taylor
President
.ere wil be a Planning Board Work Session held o
Tuesday, August 23, 2005 to discuss the Growth Policy
Update, beginning at 6:30 p.m. for Jentz, Gabriel, & Albert,
and at 7-00 P.m. for the remainder of the board,
The next regular meeting of the Kalispell City lannm' g
Bear. a -Rd Zoning Commission will be held on Tuesday,
September 13, 2005.
Michelle Anderson
Recording Secret
APPROVED as sub.fitted/corrected: �,/ J05
Kalispell City Planning Board
Minutes of the meeting of August 9.
Page 16 of 1