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2. Ordinance 1604 - Planned Unit Development Agreement Amendment - Hilton Garden Inn - 2nd ReadingCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com SUBJECT: ordinance 1604 -- Amending ordinance 1574 — Hilton Hotel PUD — Second Reading MEETING BATE: Monday, April, 2007 -- Regular Meeting BACKGROUND: on March 19, 2007 the City Council passed ordinance 1604, the Amended PUD ordinance for the Hilton Garden Inn on first reading. This amendment changed condition 0 of the ordinance to state as follows: The signage advertising the casino shall be prohibited from using the following: o Any terms such as gaming, gambling, cards, dice, chance, etc. o Any reference to any associated activity or any symbols or words commonly associated with gaming. a Any words terms, figures, artwork, or features intended or designed to attract attention to the fact that a casino is on site. RECOMMENDATION: Staff recommends that Council approve ordinance 1604 on second reading. FISCAL EFFECTS: None. Respectfully submitted, Charles Har,;City Attorney J es H. Patrick, City Manager Return to: Kalispell City Clerk PG Box 1997 Kalispell, MT 59903 ORDINANCE NO, 1604 AN ORDINANCE TO AMEND ORDINANCE 1574, WHICH AMENDED SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY NO,17045, A TRACT OF LAND, SITUATED, LYING, AND BEING- IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 28 NORTH RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY P-1, PUBLIC) TO CITY B-2 (GENERAL BUSINESS), WITH A PLANNED UNIT" DEVELOPMENT OVERLAY IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE, WHEREAS, Kalispell Hotels, LLC, owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned B-2, General Business with a Planned Unit Development overlay on approximately 3.4 acres of land, and WHEREAS, the petition of Kalispell Hotels, LLC was the subject of a report compiled by the Kalispell City Planning office, Staff Report #KPUD-06-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-2, General Business, with a Planned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 11, goof , and recommended that the initial zoning be City B-2, General Business with a Planned Unit Development overlay, and WHEREAS, on May 1, 2006, the City Council, after considering all the evidence submitted on the proposal to zone the property as described B-2, General Business with a Planned Unit Development overlay, found such zoning to be consistent with the Kalispell Growth Policy 2020 and adopted the findings of fact of the Kalispell Planning Department as set forth in Staff Report No. KPUD-06-1 with certain amendments, based upon the criterion set forth in Section 76--3-608, M.C.A., and State Etc. v. Board of County Commissioners Etc. 590 P2d 602, and; WHEREAS, the Council passed condition b of the Planned Unit Development to require "All outdoor signage advertising the casino or gaming activities within the facilities shall be prohibited" and the Councit has since reconsidered this language to be excessively restrictive. Now THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section II, Condition 6 of ordinance 1574 shall be and is hereby amended as follows: b. The signage advertising the casino shall be prohibited from using the following: o Any terms such as gaming, gambling, cards, dice, chance, etc. o Any reference to any associated activity or any symbols or words commonly associated with gaming. o Any words terms, figures, artwork, or features intended or designed to attract attention to the fact that a casino is on site. SECTION II. The balance of Ordinance 1574 not amended hereby shall remain in full force and effect. SECTION III. This ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 2ND DAY OF APRIL, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk