01. Ordinance 1591 - Zoning Text Amendment - 2nd ReadingREPORT TO.
FROM:
BATE:
SUBJECT:
MEETING DATE:
City of Kalispell
Planning Department
17 - 2na Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
James H. Patrick., City Manager
Thomas R. Jentz, Director
October 18, 2006
Kalispell zoning Ordinance Text Amendment - casinos as an
accessory use - Second Reading
November 6, 2006
BACKGROUND: This is the second reading of a proposed amendment to the Kalispell
zoning ordinance that would allow by conditional use permit casinos as an accessory
use to a primary use irrespective of the 300 foot buffer between another casino,
church, school, parr or residential zoned area.
The Kalispell City Council approved the first reading of the ordinance at their regular
meeting of October 16, 2006.
RECOMMENDATION: A motion to approve the second reading of the ordinance to
amend the Kalispell zoning Ordinance would be in order,
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
/7 Thom R. Jentz
Director
q=ames H. atrick
City Manager
Report compiled: October 18, 2006
c : Theresa white, Kalispell city Clerk
ORDINANCE NO.1591
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO.1460), BY AMENDING SECTIONS 27.14.030(5), 27.15.030(3), 27.16,030(8)9 27.17.030(4),
AND 27.18.030(7), AND ADDING A SECTION 27.35.110, CASINO SETBACK.
PROVISIONS, AND DECLARING AN EFFECTIVE BATE.
WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell zoning
Ordinance, by amending the casino setback provisions, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department after having been evaluated under
27.30.020, Kalispell zoning ordinance, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
text of the Kalispell Zoning Ordinance be amended so as to allow casinos to be
located closer than 300 feet from another casino, parks, school, church or residential
zone if the proposed casino would be a minor or incidental use (i.e. 10% of the floor
space) of another primary use, such as a restaurant, in the B-2, B-3, B-4, B-5 and I-1
zones, and
WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell
City Planning Board and Zoning Commission and hereby adopts the findings made'
Report #KZTA-06-2A as the Findings of Fact applicable to this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning ordinance, Ordinance No. 1460, is
hereby amended as follows on Exhibit "A".
SECTION II. All parts and portions of Ordinance No. 1460 not amended hereby
remain unchanged.
SECTIONN III. This ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 6TH DAY OF NOVEMBER, 2006.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT A
PROPOSED AAMNrJNTS
CASINO SETBACK PROVISION
Replace Sections 27.14.030(5), 27.15.030(3), 27.16.030(8), 27.17.030(4) and
27.18.030(7) which state:
• Casino if 300 feet or more from churches, schools, parks, residential zones, and
other casinos, measured from property line to property line.
With the following:
0 Casino (see 27.35.110 Additional Requirements for Specific Conditional Uses)
Under Chapter 27.3 5 of the Kalispell Zoning Ordinance add the following section:
Section 27.35.110: Casino
1. Casinos shall be a' *rnurn of 300 feet from churches, schools, parks, city
residential zones, and other casinos, measured from property line to property
line.
or
b. 2. Casino's may be located closer than 300 feet from churches, schools,
parrs, city residential zones, and other casinos, measured from property line to
property line if the casino.aeeesRP=r use to a
. is considcred a minor accessary use
and meets the parameters of both sections 3 & 4 below.
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3. A casino is considered a minor accessory use to a primary rrestauFant use if the
primary use of the building and its associated facilities constitutes
at least 80% of the proposed floor space and the casino constitutes no more
than. 1011/o of the proposed use. In addition, the casino is generally shielded or
screened from view of the p pi ary use and restaurant
patrons.
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�* .L n r .& The following design standards as appropriate may be
a
placed on the casino:
a. Limiting or prohibiting the on -premise signage or building design from using
the following. -
Any terms such as gaming, gambling, cards, dice, chance, etc.
• Any reference to any associated activity or any symbols or words
commonly associated with gaming.
• Any words, terms, figures, art work, or features intended or designed to
attract attention to the fact that a casino is on site.
* Neon lighting
b. Limiting the number and location of entrances into the casino.
c. Increasing landscaping requirements in order to create a buffer between the
casino and adjacent land uses.