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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. w VSF ■ ■ ! S, w A / r w ► # ! 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In addition, the casino is generally shielded or screened from view of the p pi ary use and restaurant patrons. 4 ' C1 in Loa Inanfad �* .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.