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07-12-16 - Regular MeetingKALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING July 12, 2016 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were: Chad Graham, Charles Pesola, Ronalee Skees, Doug Kauffman, Rory Young, and Chris Yerkes. Steve Lorch was absent. Tom Jentz, Jarod Nygren & PJ Sorensen represented the Kalispell Planning Department. CHAIRMAN WELCOMED President Graham noted that he was not able to attend the last 2 NEW BOARD MEMBERS meetings due to the council's budget review and vacation but he wanted to officially welcome Ronalee Skees and Chris Yerkes to the board. ELECTION OF OFFICERS Pesola made a motion to nominate Chad Graham for President of PRESIDENT & VOTE BY the board. ACCLAMATION The motion passed unanimously on a vote by acclamation. ELECTION OF OFFICERS Graham made a motion to nominate Charles Pesola for Vice VICE PRESIDENT & VOTE President of the board. BY ACCLAMATION The motion passed unanimously on a vote by acclamation. APPROVAL OF MINUTES Pesola moved and Kauffman seconded a motion to approve the minutes of the June 14, 2016, Kalispell Planning Board. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT No one present wished to comment. DENGAR PROPERTIES A request from Dengar Properties for a conditional use permit for CONDITIONAL USE PERMIT an accessory casino within the within the B-2 (General Business) Zoning District. The property is located at 1250 Highway 2 West (Tree Frog Tavern). STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report, KCU-16-04 for the board. Nygren noted this is a request for a conditional use permit for an accessory casino at what is currently the Tree Frog Tavern which soon will be a Rival's Restaurant/Bar. The property is zoned B-2 (General Business) and is located at 1250 Hwy 2 West. Nygren noted that the surrounding zoning is also B-2 and the land use category of the property is commercial. Nygren reviewed the surrounding land uses, site plan and floor plan of the property. The casino will be located in 666 square feet Kalispell City Planning Board Minutes of the meeting of July I2, 2016 Page I 1 of the 5,174 square foot building. Accessory casinos are permitted if they are 20% or less of the primary use. Another requirement of the accessory casino is that it is generally shielded from the primary use. Nygren noted that the owners of the Tree Frog Tavern also applied for an accessory casino, which was approved by city council. There are no changes to the conditions but they chose not to operate the casino and their conditional use permit expired. Staff recommends that the Kalispell Planning Board adopt staff report #KCU-16-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject the 6 conditions in the staff report. BOARD DISCUSSION Pesola asked in order to deny the conditional use permit the board would need to state findings of fact that would show that a casino was not suitable for the area, and Nygren said yes. Kauffman asked if they would be required to reconstruct curb, gutter and sidewalk and Nygren said that is correct, along the north side, which is the same condition that was placed on the last conditional use permit for this property. PUBLIC BEARING Kim Larson, APEC Engineering noted they are representing the applicant and do not have issues with most of the attached conditions, except Condition 5.c. that relates to casino signage. Larson said that under additional requirements for casinos certain types of external signage may be limited or prohibited. Yet the condition that is being imposed implies no casino related signage can be used. Larson provided the board with photographs of Fatt Boys Bar & Restaurant and the Flathead Liquor Store that both contain casinos, and both have the word casino on the side of the building. The owner would ask to be allowed to have a modest amount of signage related to a casino and, he added, to prohibit him from having the signage would be hurting his business due to the fact that competitors both have casino related signage. MOTION Pesola moved and Young seconded a motion to adopt staff report #KCU-16-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject the 6 conditions in the staff report. BOARD DISCUSSION Pesola said the board had already hashed out this particular CUP a few years ago when the original CUP was discussed and the area hasn't changed. He sees no reason not to approve the CUP. In regards to the signage request Pesola suggested that the prohibition of casino signage has been a condition over the last several years. Nygren said a few years ago there was a small casino related sign Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Page 12 approved with the Loading Dock/Brannigan's. Since that time amendments approved by City Council limited signage on accessory casinos and he added the same condition was placed on the new Town Pump located at the north end of Kalispell. Pesola asked if the applicant had a proposal for signage and Mr. Larson said they did not prepare one but if the board would be open to a minimal amount of signage they would submit a proposal to the Architectural Review Committee for approval. Graham asked what signage is used on the new Town Pump that relates to a casino and Nygren said it simply states Lucky Lil's. Jentz noted if this was a full -standing casino they could have signage but for an accessory casino the restrictions apply because they were not intended to compete with full -standing casinos. In this area however a full -standing casino would not be able to come in because of the distance restrictions between existing casinos and the new restrictions approved by the city council last year. ROLL CALL The motion was approved unanimously on a roll call vote. MANN MORTGAGE A request from Mann Mortgage, LLC to annex a 4.45 acre parcel ANNEXATION into the city and zone the land B-2 (General Business) upon annexation. The parcel is located at 837 West Reserve Drive, approximately'/ mile east of U.S. 93. BOARD MEMBER RECUSED Young noted he has a conflict of interest because he is the project HIMSELF manager for Jackola Engineering, the firm assisting Mann Mortgage with this request. He will be stepping down. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report, KA-16-02 for the board. Nygren noted this property is located just east of the new Town Pump gas station & casino. The property is currently undeveloped, however upon annexation the applicant is proposing to build a 24,000 square foot office building. Water and sewer services are in the vicinity of the property and upon annexation extensions will be constructed to serve the property. Nygren reviewed the surrounding zoning, land uses and a vicinity map of the property. Staff recommends that the Kalispell Planning Board and Zoning Commission adopt Staff Report #KA-16-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be B-2 (General Business). BOARD DISCUSSION Graham noted when there were discussions regarding the Town Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Page 13 Pump project there were concerns about the site stability, along the back side of the property, and he asked if the same concerns are along this property as well. Nygren said no that has not been a concern. PUBLIC HEARING Rory Young, Jackola Engineering, 2250 Hwy 43 South stated they are project managing and designing the site and the building on behalf of Mann Mortgage. Young or Chris Clark of Mann Mortgage would be happy to answer any questions. MOTION Kauffinan moved and Pesola seconded a motion to adopt Staff Report #KA-16-02 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be B-2 (General Business). BOARD DISUCSSION None. ROLL CALL The motion passed unanimously on a roll call vote. Board member Young returned to his seat. MONTANA CHIP/KRAIG A request from Montana Chip Partners and Kraig Trippel for TRIPPEL ANNEXATION annexation and initial zoning of I-1 (Light Industrial). The property to be annexed contains approximately 15,472 square feet of land currently owned by Kraig Trippel and will be added to an adjoining property owned by Montana Chip Partners that is being used as a mini -storage facility. The property is located directly east of 51 N Meridian Road. STAFF REPORT PJ Sorensen, representing the Kalispell Planning Department reviewed Staff Report, KA-16-01 for the board. Sorensen noted the board is reviewing an annexation and initial zoning but there will also be a de -annexation involved. He described the location of the property which is near the intersection of Sth Avenue WN and West Montana Street. This property is a wholly surrounded island that is currently in the county. Wholly surrounded areas cannot be annexed without a petition by council if the land that is being used for industrial purposes. Montana Chip, LLC, ovens and operates the mini - storage directly west of this property and they need extra property to accommodate storm drainage as they are expanding their business. This property is a natural trade to meet this requirement. Sorensen reviewed a map of the property. Sorensen provided additional information on the trade and noted the de -annexation is reviewed through city council and both the annexation and dc-annexation will be considered together. Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Page14 Staff recommends that the Kalispell Planning Board and Zoning Commission adopt Staff Report #KA-16-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be I-1 (Light Industrial). The action to de -annex the second portion of land will be submitted to the City Council. After a Resolution of Intent and comment period as detailed in state statutes, the City Council will consider both the annexation and the de -annexation at the same meeting. BOARD DISCUSSION Pesola asked how is the de -annexation addressed in the recommendation and Sorensen stated it is separate and further explained the process. The board is only dealing with the annexation and initial zoning of the property to be annexed. Young noted that the letter from Montana Chip states at the time the main rail is removed and service is suspended the private rail line will be abandoned. He asked if the easement area is BNSF R/W and Sorensen said no, it is privately held. He explained further. Jentz said in railroad language it is called an industrial spur which is privately owned, privately built, and privately managed and maintained. Young asked is someone has confirmation that the rail line is corning out and Jentz said if it doesn't come out with the TIGER grant to develop the CORE area it will at some point in the future due to lack of users. The purpose of that condition is to clarify the ownership and responsibility of the line and clean up the property. Graham asked if there are any buildings in the area and Jentz noted there may be a small corner of a building on the property however, the annexation/de-annexation will clean up that situation as well. PUBLIC HEARING No one wished to speak and the hearing was closed. MOTION Young moved and Kauffman seconded a motion adopt Staff Report #KA-16-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be I-1 (Light Industrial). BOARD DISCUSSION None. ROLL CALL To motion was approved on a roll call vote. OLD BUSINESS None. Kalispell City Planning Board Minutes of the meeting of July 12, 2016 Page 15 NEW BUSINESS Nygren noted a 2 lot minor preliminary plat application will be reviewed next month, located on the far south end of Woodland Drive. The subdivision would allow for townhomes on the property. ADJOURNMENT The meeting adjourned at approximately 6:40 p.m. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on August 9, 2016, located in the Kalispell City Council Chamber, 201 lst Avenue East, Kalispell, beginning at 6:00 p.m. �Z' Chad Graham President C APPROVED as amended/submitted //2016. Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of July 12, 20I6 Page16