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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. . . . . . ....... . ................................................ ........ . ... . ............................................ .. .... . . .. ............................. 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 Kalispell City Planning Board Mints of the meeting of August 9.. 2005 Page 5 of 16 ............ ............... ._.... - ----......... -......................... -... .... .......................................... .. 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 Kalispell City Planning Board Minutes of the meeting of August 9, 2005 .gage 7 of 16 -.............. ..... ........... .... .......... ......... ........................... ... ... . 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 ......... T....... .... .............- ................... ................ .............. .... - .-.......-............ . .... -........... 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 -- ................._ -.-- ...........---- - - - 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 ..................... ....................................................... ................. ----------- ...... 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