4. Ordinance 1604 - PUD Agreement Amendment - Hilton Garden Inn - 1st 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 — Milton
Hotel PUD
MEETING DATE: Monday, March 19, 2007 — Regular Meeting
BACKGROUND: on May 1, 2006 the City Council passed ordinance 1574, the
PUD ordinance for the Hilton Garden Inn. At that time the Council agreed to
amend the recommended ordinance to read that "All outdoor signage advertising
the casino or gaming activities within the facilities shall be prohibited." Sometime
later, at a workshop, the landowner presented a layout of signage for the casino to
determine if it would be appropriate. The Council, at that time, seemed to indicate
that the proposed signage should be approved. In order for the signage requested
by the landowner to be approved, the Council must consider amending the PUD
ordinance.
RECOMMENDATION: Council should move ordinance 1604 that amends
Ordinance 1574 to read as it carve before it from the Planning Board. This portion
of the PUD would state as follows:
The signage advertising the casino shall be prohibited from using the following:
o Any terms such as gaming, gambling, cards, mice, 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.
The City Council should then discuss whether this language is the intent
which the council wishes to communicate and whether the signage proposed by the
landowner is in keeping with this language.
Ordinance No. 1604
March 13, 2007
Page - 2
FISCAL EFFECTS: None.
Respectfully submit ed,
Charles 6farball, City Attorney
Jame .Patrick, City Manager
Office of City Attorney
City of Kalispell
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)s BY ZONING CERTAIN REAL PROPERTY MORE
PARTICULARLY DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY NO.170455
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,
2006, 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 6 of the Planned Unit Development to require "All
outdoor signage advertising the casino or gaming activities within the facilities shall
be prohibited" and the Council 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:
6. 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