CITY OF POLSON COMMISSION PUBLIC HEARING AGENDA · The City of Polson encourages public participation in its public meetings and hearings. In doing so the City holds its meetings

City Commission Public Hearing Agenda June 3, 2019 Page 1

CITY OF POLSON COMMISSION PUBLIC HEARING AGENDA

COMMISSION CHAMBERS June 3, 2019 6:30 P.M.

1. CALL TO ORDER Mayor Briney 2. PLEDGE OF ALLEGIANCE Mayor Briney 3. APPROVAL OF PROPOSED AGENDA Mayor Briney 4. PUBLIC COMMENT ON SIGNIFICANT MATTERS TO THE PUBLIC NOT ON THE AGENDA (address items to the Chair. Commission takes no action on items discussed)

NEW BUSINESS

5. OPEN PUBLIC HEARING 6. ZONING VARIANCE REQUEST-SHOWBOAT CINEMA EXPANSION PROJECT FREIGHT LOADING AREA REQUIREMENT City Planner Kyle Roberts

7. CLOSE PUBLIC HEARING

8. ADJOURN

The City of Polson encourages public participation in its public meetings and hearings. In doing so the City holds its meetings in handicapped accessible facilities. Any persons desiring accommodations for a handicapping condition should call the City Clerk at 883-8203 for more information.

Public Hearing Agenda Packet Page #1

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VA #19-01 Staff Report | Page 1 of 8

POLSON CITY COMMISSION STAFF REPORT

DATE: JUNE 3, 2019 APPLICATION TYPE: ZONING VARIANCE REQUEST (VA #19-01): FREIGHT LOADING AREA

REQUIREMENT – POLSON THEATRES, INC. APPLICANT: GARY AND BECKY DUPUIS

PO BOX 999 POLSON, MT 59860

TECHNICAL ASSISTANCE: GARY AND BECKY DUPUIS


PROPERTY OWNER: PICKERILL FAMILY, LLC.


LOCATION: 416 MAIN STREET

APPLICABLE REGULATIONS PUBLIC NOTICE WRITTEN PUBLIC

COMMENTS

Polson Development Code, 2016: Chapter 6, Article 2, Section 270 (Central Business Zoning District); Chapter 6, Article 3, Section 320 (Zoning Variances); and Chapter 6, Article 4, Section 250, Subsection 10 (Freight loading areas).

Lake County Leader ad published May 16, 2019 Notices mailed to adjoining landowners: May 14, 2019 Notice posted on City website May 22, 2019

No written comments received at time of staff report writing

APPLICATION TIMELINE:

• Zoning Variance Application was submitted May 1, 2019

• Sufficiency Review mailed on May 2, 2019

• City Commission public hearing review and vote scheduled for June 3, 2019 LOCATION / DESCRIPTION: The location of the subject property is located at 416 Main Street in downtown Polson – more precisely, Lots S ½ of 3, 4, and 5 of Block 20 of the Polson Original Townsite. The subject property is 0.45 acres (19,740 square feet) in size. The property is zoned Central Business Zoning (CBZD) and is the site of Showboat Cinema.


https://library.municode.com/mt/polson/codes/code_of_ordinances?nodeId=CH6DECO_ART2ZODI_DIV1ZODIES_S6.02.270CEBUZODI

https://library.municode.com/mt/polson/codes/code_of_ordinances?nodeId=CH6DECO_ART3ZOAD_DIV3ANAPVA_S6.03.320ZOVA

https://library.municode.com/mt/polson/codes/code_of_ordinances?nodeId=CH6DECO_ART4PEST_DIV2PRADIN_S6.04.250OREPA



VICINITY MAP:

Figure 1 – Subject property located at 416 Main Street with alley access behind the property. Google Maps

PROPOSAL: The applicant is proposing to expand the Showboat Cinema, converting its existing two-screen cinema into one large auditorium and adding five new auditoriums. As shown in Figures 2 and 3 below, the applicant is proposing to remodel the existing 5,880 square foot Showboat Cinema (outlined in yellow) located on “Lot 4 Amended” and construct a 5,180 square foot addition to the north (“Lot 3 Amended”) and a 7,000 square foot addition to the south (“Lot 5 Amended”) resulting in an 18,060 square foot cinema (as three separate structures). The additions will cover Lots 3 and 5 entirely.

Subject Property



Figure 2 – Lot layout of subject property. Amended Subdivision Plat of Lots 3, 4, and 5, Block 20 of Polson Original Townsite



Figure 3 – Proposed site plan. Applicant’s site plan, the design COLLECTIVE, Inc.

VARIANCE REQUEST: The applicant has submitted a zoning conformance permit (PZD #19-78) for the cinema expansion project. After reviewing all applicable zoning performance standards, it was determined that the applicant’s proposed project is unable to meet the Freight loading areas [Sec. 6.04.250(10)] provision of the Polson Development Code. The provision states:

Commercial and industrial buildings and uses shall provide one safe, properly signed off-street freight loading area for each 10,000 square feet of gross floor and/or outdoor storage area. Off-street freight loading areas shall be on the same lot or parcel and under the same ownership as the building or use they serve, be designed to accommodate the largest vehicle that may reasonably be anticipated, and have the following minimum dimensions:




a. Vertical clearance: 14 feet; b. Width: 12 feet; and c. Depth or length: 35 feet. No vehicle parked in an off-street freight loading area shall extend into a public right-of-way.

As the proposed project will result in a commercial use with a gross floor area greater than 10,000 square feet, the provision applies. However, because the cinema’s proposed additions will cover Lots 3 and 5 entirely, and because there is not adequate space behind the existing cinema to meet the requirement, the applicant is requesting a variance from the freight loading area provision. STAFF ANALYSIS: Current and anticipated freight delivery situation According to the applicant, currently the existing 5,880 square foot cinema receives two pallets of product every three to four weeks. These deliveries typically involve the delivery truck parking in the alley and using a lift gate to lower pallets which are then moved onto cinema property. The delivery truck is parked in the alley for approximately 10 minutes to complete the delivery. According to the applicant, it is anticipated that with an expansion of the cinema the method and frequency of deliveries will remain the same. However, rather than two pallets of product, the number of pallets will likely increase to three to four and it is anticipated that the delivery truck will be parked in the alley for approximately 15 minutes. Purpose of the freight loading area requirement The purpose of the freight loading area requirement is to ensure that public right-of-ways are not blocked by frequent freight deliveries for extended periods of time. Public right-of-ways kept free of blockages provide for safe and adequate access for the public and emergency services. The requirement requiring an off-street loading area applies to sizable commercial and industrial uses as these typically require frequent and sizable freight deliveries. While the purpose of the requirement is reasonable, it may not be reasonable for all commercial uses, the cinema being an example. Although the proposed expansion will result in a commercial use of 18,000 square feet of gross floor area – requiring nearly two off-street freight loading areas per code – the vast majority of its floor area will be open space for seating. Moreover, the cinema will be selling a service, rather than physical products. A commercial use such as a grocery store or other retail consists of shelf space with products, thus requiring frequent and sizable freight deliveries to replenish stock. Consider the following. The freight loading area requirement is required for Polson’s 13,000 square foot Walgreens store, whereas it is not a requirement for the 6,700 square foot Mission Mountain Natural Foods store. Realistically, it is likely that the 18,000 square foot cinema will receive much less freight in quantity and frequency than the 6,700 square foot natural foods store does today. Alley access and flow As mentioned in the applicant’s application, freight deliveries for the cinema taking place in the alley has been occurring for decades. Without providing an off-street freight loading area, it is anticipated that



freight deliveries for the 18,000 square foot cinema will have a minimal increase in adverse impact on alley access and flow. The alley provides access to the back of residences located on the west side of block 20 as well as for people exiting the parking lot on lot 3. With an expansion, the parking lot on lot 3 will be eliminated as shown in Figure 5 below. Lastly, the alley also provides access for exiting traffic of the Glacier Bank drive-thru. However, as mentioned by the applicant, exiting traffic typically exits the alley to the north because it is much closer to the nearest street (4th Ave. W.) rather than turning south. Impact on the downtown district Given the nature of the Central Business Zoning District where 100 percent lot coverage is permitted and is common for development downtown, the applicant has stated that lots 3 and 5 will be covered entirely so that the geometry of the auditoriums can meet acceptable standards. Without utilizing the entire lots, the proposed expansion cannot occur. It is recommended that the expansion be supported as goal #6 of the Polson Growth Policy recommends that the downtown business district be supported and strengthened. The Showboat Cinema is an economic anchor of downtown Polson. Moreover, nearly a year ago, the cinema expansion project was awarded Tax Increment Financing funds from the Polson Redevelopment Agency (PRA). The PRA and City Commission acknowledged the positive value and impact this project will have in downtown Polson.

Figure 4 – Looking north down the alley



Figure 5 – View of site from above. Google Earth.

REVIEW PROCESS: As this is a Variance request from a provision of the Polson Development Code, the City Commission (acting on behalf of the Board of Adjustment) is required to conduct a public hearing and evaluate the request under the terms of the Polson Development Code (including, but not limited to Sec. 6.03.320) and any applicable State, Federal, and Tribal requirements. The Zoning variances section of the Polson Development Code (Sec. 6.03.320) provides the following review criteria:

The Board of Adjustment [City Commission] shall approve a variance only upon finding that:

a. The need for a variance results from physical limitations or unique circumstances related to the lot or parcel on which the variance is requested; b. The failure to approve the variance will result in undue hardship because without a variance, strict compliance with the terms of these regulations will limit the reasonable use of the property and deprive the applicant of the rights enjoyed by other properties similarly situated in the district; c. The alleged hardship has not been created by action of the owner or occupants;





d. Approval of the variance will not have a substantial adverse impact on neighboring properties or the public; e. The variance is necessary to permit a reasonable conforming use; and f. Granting of the variance will observe the spirit of these regulations and provide substantial justice. g. Additional findings may be required for variances in airport overlay zones and shoreline buffers. h. Conditions may be attached to the approval of any variances, as provided in section 6.03.230

After consideration of the staff report and input from the public, the City Commission will review and make a motion to approve, approve with Conditions, or deny the Variance request. Should the applicant or any person(s) aggrieved by the City Commission’s decision decide to appeal the Commission’s decision, please refer to 76-2-327 MCA. SUMMARY: The applicant is proposing to remodel the existing 5,880 square foot Showboat Cinema as well as construct two additions, resulting in a 18,060 square foot cinema. Given that the applicant has planned to utilize the entirety of lots 3 and 5 for building expansion to meet acceptable auditorium standards, there will not be adequate space available to provide for the required provision of an off-street freight loading area. Therefore, the applicant has requested a variance from this requirement. While the requirement certainly serves a purpose and is reasonable, it may not be reasonable given the nature of the proposed project. By not providing an off-street freight loading area, it is anticipated that freight deliveries for the proposed 18,000 square foot cinema will have a minimal increase in adverse impact on alley access and flow. Furthermore, it is recommended that an expansion of a major downtown business be supported. STAFF RECOMMENDATION: After review of the application and site plan concerning this request for a Variance from the freight loading area provision of the Polson Development Code, staff recommends that the Polson City Commission approve the Variance request. Variances shall be valid for three years from the date of approval.

The City Commission is encouraged to visit the site, ask questions, and request additional information (if necessary) from the Planning Department before the hearing. DISCLAIMER: The Planning Department is an advisory agent and mediator between Boards/Commission and the applicant. The Planning Department covers the applicants’ adherence to the Polson Development Code, the Polson Growth Policy, and other governmental standards. The Planning Department is not responsible and accepts no responsibility for the applicants’ proposals, designs, plans/maps, calculations, etc. or lack thereof.


https://library.municode.com/mt/polson/codes/code_of_ordinances?nodeId=CH6DECO_ART3ZOAD_DIV2PEPR_S6.03.230CO

https://leg.mt.gov/bills/mca/title_0760/chapter_0020/part_0030/section_0270/0760-0020-0030-0270.html

May 2, 2019

Becky Dupuis

P.O. Box 999

Polson, MT 59860

RE: Showboat Cinema Variance Request (VA #19-01) Sufficiency Review Letter

Dear Mrs. Dupuis,

Upon a completeness and sufficiency review of your variance application submitted on May 1st, staff has

deemed the application sufficient for review. This application will now proceed to the review process.

All variance requests must be undergo a public hearing with the City Commission within 60 days from

the date an application is deemed sufficient for review. To fulfill required public hearing notice

timeframes, this application will be scheduled for a public hearing with the City Commission on Monday,

June 3rd at 6:30 PM.

If you have any questions, please do not hesitate to call, email, or stop by City Hall and visit with the

Building and Planning Department.

Sincerely,

Kyle Roberts

City Planner













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CITY OF POLSON COMMISSION PUBLIC HEARING AGENDA · The City of Polson encourages public participation in its public meetings and hearings. In doing so the City holds its meetings