07. Ordinance 1591 - Zoning Text Amendment - 1st ReadingCity of Kalispell
Planning Department
17 - 2"d Stream East, Suite 211, Kalispell, Montana 59901
Telephone. (406) 751-1850
Fax: (406) 751-1858
website: kaftspellplanning.com
REPORT TO. Kalispell Mayor and City Council
James H. Patrick, City Manager
FROM: Thomas R. Jentz, Director
BATE: September 26, 2006
S Kalispell Zoning Ordinance Text Amendment - Allow for
reductions in the 300 foot setback for casinos from churches,
schools, parks, residential zones, and other casinos.
MEETING DATE: October 16, 2006
BACKGROUND.* The Kalispell City Planni
ng Board held a public hearing on
September 19, 2006 to again consider a request by the City of Kalispell to allow for
reductions in the 300 foot setback for casinos from churches, schools, parrs,
residential zones, and other casinos. The board has previously held a public hearing
and 2 .work sessions on this issue.
Tom Jentz of the Kalispell Planning Department, presented staff report #KZTA-06-2A
evaluating the proposal and recommended approval of the proposal with suggested
amendments to the Kalispell Zoning Ordinance. Those amendments included allowing
casinos to be constructed closer than 300 feet to another casino, residential zone,
church, park or school if there was a significant topographic feature present or if the
casino was a minor and incidental use (i.e. 10% of the floor space) of another primary
use such as a restaurant.
The board discussed the proposal and the potential related Imp* acts. The board felt
that topographic issues alone did not warrant relaxing the setbacks however, they did
unanimously support relaxing the 300 foot standard, via a conditional use permit if a
proposed casino was a minor and inconsequential use (i.e. not to exceed 1 open of the
floor area of a primary use and generally invisible from the outside) .
RECOMMENDATION: A motion to adopt the first reading of the ordinance to amend
the Kalispell Zoning Ordinance as recommended by the planning board addressing
casinos would be in order.
ALTERNATIVES: As suggested by the City Council.
Casinos
September 26, 2006
Page 2
Respectfully submitted,
Thomas R. Jentz es H. Patnck
Director City Manager
Report compiled: September 20, 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)9 27.16.030(8)9 27.17.030(4)9
AND 27.18.030(7), AND ADDING- A SECTION 27.35.110, CASINO SETBACK.
PROVISIONS, AND DECLARING AN EFFECTIVE DATE.
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 in
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.
SECTION 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 A ENI]IyIENITS
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, parrs, residential zones, and
other casinos, measured from property line to property line.
With the following:
• Casino (see 27.35.110 Additional Requirements for Specific Conditional Uses)
Under Chapter 27.35 of the Kalispell zoning ordinance add the following section:
Section 27.35.110: Casino
1. Casinos shall be a minim__um of 300 feet from churches, schools, parks, city
residential zones, and other casinos, measured from property line to property
line.
or
h: 2. Casino's may be located closer than 300 feet from churches, schools,
parks, city residential zones, and other casinos, measured from property line to
property line kabr % ve if the casino
is considered a minor accessory 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 restavw use if the
restaurant 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 10°Ia of the proposed use. In addition, the casino is generally shielded or
screened from view of the primary use and restaurant
patrons.
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74 W %5% 6 11n _(111 t- The following design standards as appropriate may be
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.
0 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. LH* M*ting 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.
City of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1 SSD
Fax. (406) 751- 1 S 5 8
website: kalispellplanning.com
September 28, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Kalispell Zoning Ordinance Text Amendment - Allow for reductions in the 300
foot setback for casinos from churches, schools, parks, residential zones, and
other casinos.
Dear Jim:
The Kalispell City Planning Board held a public hearing on September 19, 2006 to
again consider a request by the City of Kalispell to allow for reductions in the 300 foot
setback for casinos from churches, schools, parks, residential zones, and other
casinos. The board has previously held a public hearing and. 2 work sessions on this
issue.
Tom Jentz of the Kalispell Planning Department, presented staff report #KZTA-06-2A
evaluating the proposal and recommended approval of the proposal with suggested
amendments to the Kalispell Zoning Ordinance. Those amendments included allowing
casinos to be constructed closer than 300 feet to another casino, residential zone,
church, park or school if there was a significant topographic feature present or if the
casino was a minor and incidental use (i.e. 10% of the floor space) of another primary
use such as a restaurant.
The board discussed the proposal and the potential related impacts. The board felt
that topographic issues alone did not warrant relaxing the setbacks however, they did
unanimously support relaxing the 300 foot standard, via a conditional use permit if a
proposed casino was a minor and inconsequential use (i.e. not to exceed 1 o°Io of the
floor area of a primary use and generally invisible from the outside) .
Please schedule this matter for the October 16, 2006, regular Kalispell City Council
meeting. You may contact this board or Toms. Jentz at the Kalispell Planning
Department if you have any questions regarding this matter.
Zoning Ordinance Text Amendment — Casino Setbacks
September 28, 2006
Page 2
Sincerely,
Kalispell City Planning Board
Timothy Norton
President
TN/PJS
Attachments; Exhibit A
Staff report #KZTA-06-2A and application materials
Draft minutes September 19, 2006 planning beard meeting
c w/ Att: Theresa white, Kalispell City Clerk
CITY of KALISPELL
KAUISPELL PLANNING DEPARTEMENT
STAFF REPORT #KZTA- 06 -2A
September 5, 2006
This is a report to the Kalispell City Planning Board and the Kalispell City Council
regarding a request for a text amendment to the Kalispell zoning Ordinance to
address the minimum 300 foot buffer for casinos from churches, schools, parks,
residential zones, and other casinos. A public hearing has been scheduled before the
planning board for September 19, 2006 be ' ' g at 7:00 PM in the Kalispell city
Council Chambers. The planning board will forward a recommendation to the
Kalispell City Council for final action.
BACKGROUND INFORMATION
On. March 20, 2000, the Kalispell city Council adopted ordinance 1350 that amended
the classification of casinos and required the casinos to obtain a conditional use
permit in the B-2 (General Business) , B-3 (Community Business) , B-4 (Central
Business), B-5 (Industrial --Commercial) and 1w-1 (Light Industrial) zoning districts. In
addition to securing a conditional use permit, before operating a casino in the above
districts, the casino was also required to maintain a minimum buffer distance of 300
feet, measured from property line to property line, from the following land uses:
Churches, schools, parks, residential zones and other casinos.
The Planning Board held a hearing in April, 2006 and discussed the issue at length
during work sessions in April and July 2006. At that time the planning board did
recommend to the council that the current ordinance addressing casinos was
adequate and that the PULE was a tool that could be used in special circumstances as
was the case of the Hilton.
The council addressed this recommendation at a work session in August. The city
council generally felt uneasy using the PUD as a tool as it may be construed in some
cases that the PUD could be used to circumvent the intent of the written code. The
council is therefore asking the planning board to consider the amendments as
outlined below to address those unusual situations that may arise within our
community.
A, Petitioner: James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
(406) 758-7701
B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning
jurisdiction could be affected by the proposed changes.
C. Proposed Amen drnent: The proposed amendment (See attached Exhibit A) is a
proposal to amend Sections 27.14.030(5), 27.15.030(3), 27.16.030(8),
27.17.030(4) and 27.15.030(7) of the Kalispell Zoning Ordinance. The amendment
is intended to review the 300 foot setback for casinos from churches, schools,
Page I of 7
parrs, residential zones, and other casinos. The current text requires the 300 foot
setback for casinos from churches, schools, parks, residential zones, and other
casinos as measured from property line to property line. The City is considering
amending the zoning code to maintain the requirement for a conditional use
permit but relax the 300 foot spacing standard in two speck situations. First,
where there is a physical or topographic barrier between the casino and an
adjacent park, church, residential area or casino, the 300 foot standard could be
waived. A topographic or physical barrier is defined as an arterial. highway (at least
4 drive lanes plus center turn lane) , airport, river, stream, or steep embankment,
all of which impedes or prohibits easy visual or physical access. The second case
would be when a casino is proposed as a minor accessory use in a primary
restaurant. A casino is considered a minor accessory use to a primary restaurant
if the restaurant and associated facilities constitutes at least 80% of the proposed
floor space and the casino constitutes no more than 10% of the proposed use. In
addition, the casino is generally shielded or screened from view of the restaurant
and restaurant patrons.
In those cases where the 300 foot standard is waived staff does propose design
standards to further mitigate any negative impacts typically associated with a
casino. Typical standards would be tations on signage, access points, or
building entrances; requiring additional landscaping or in the case of a restaurant
modifying the internal design of the building to shield the casino from other
internal uses.
Staff Discussion: The City Council amended the Kalispell zoning Ordinance in
March of 2000 to require a 300 foot setback for casinos from churches, schools,
parks, residential zones, and other casinos as measured from property line to
property line. Since this amendment, the City has received two applications for
conditional use permits to allow casinos, both of which have been granted. The first
was issued in February of 2002 to Northwest Investment Partnership, LLP to allow the
conversion of an existing business into a casino in Westbrook Square, located at the
northwest corner of Forth Meridian. Road and Hwy 2 West. The second conditional
use perra�.it was issued February of this year to Montana Commerce LLC to add a
2,700 square foot casino/tavern onto the existing Town Pump gas station located at
the corner of Cemetery Road and Hwy 93 South.
There are a total of 24 casinos located within the Kalispell City limits. The majority of
these have been in operation for years and, therefore, are within 300 feet of parks,
schools, churches, residential zones and other casinos. With the existing 300 foot
setback in place and the fact that casinos are only conditionally allowed within
certain commercial and industrial zones, there are only three major areas of the City
future casinos could potentially locate. These include Highway 93 South, on land
along the highway and south of Scotty's bar. Areas immediately north of the Kalispell
Center Mall and the Tidyman's, Dollar Store, whitefish Credit Union commercial
center and an area located along Hwy 2 west in the vicinity of the Gateway west Mall.
and Ashley Square business park. The attached map shows the location of the
existing casinos and the 300 foot buffer zones.
Section 16-3--306 of Montana Code Annotated states that no retail liquor license may
be issued pursuant to this code to any business or enterprise whose premises are
Page 2 of 7
within boo feet of and on the same street as a building used exclusively as a church,
synagogue, or other place of worship or as a school other than a commercially
operated or postsecondary school. Casino licenses are not issued unless a liquor
license is simultaneously being issued. Therefore, because a liquor license roust be
obtained in conjunction with a casino license the State codes address the proximity to
which a casino can be located to a school or church. Furthermore, the text
amendment only proposes to reduce or remove the setback requirement. Casinos will
still be required to secure a conditional use permit in a limited number of zoning
districts. Therefore, given the limited locations a casino could locate and the
requirement for a conditional use permit, the appropriateness of the setback should
be reevaluated.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2--203, M.C.A.
Findings of Fact for the zone change request are discussed relative to the itemized
criteria described by 76-2-203, M.C.A.
1. Does the requested zone comply with the owth olio ?
The Kalispell Growth Policy encourages the use of zoning as a tool for the
implementation of the master plan goals and objectives. The proposed
amendment would generally promote the goals and objectives of the growth
policy plan.
2. is the re uested zone designed to lessen congestion in the streets?
The proposed amendment would not impact the types of uses allowed in a
district and would therefore have no impact to increase or lessen congestion.
'traffic associated with casinos within the designated zoning districts would not
generally be affected.
3. Will the reguested zone secure safetyfrom fire -panic, and other don ers?
Although the proposed amendment would reduce or eliminate a required buffer
for casinos from certain land uses, the amendment would not reduce any
safety provisions for fire or other health and safety issues since the use of a
casino will still be required to obtain a conditional use permit. Through the
conditional use permit process the proposed casino will be reviewed so as to
not compromise public safety.
4. Will the requested char e romote the health and general welfare?
The general health and welfare of the public will still be maintained if the
proposed amendment is approved because casinos will still be reviewed as a
conditional use permit, which includes an evaluation of the proposed use and
whether it will be detrimental to adjacent properties and the neighborhood in
general.
Page 3 of 7
5. Will the re uested zone rove for ade uate li ht and air?
Light and air between and surrounding buildings would not be altered or
impacted by the proposed change. These issues would be addressed through
the development standards of the various districts that deal with lot size,
setbacks, building height and the types of uses allowed within the various
zoning districts.
6. Will the re uested zone prevent the overcrowdLng of land or undue
concentration of people.
The proposed amendment would not increase the intensity of uses currently
allowed within the zoning district.
7. Will the reguested zone facilitate the ade pate rovision of trans ortation
water sewerageseweragel schools arks and other ublic re uirements?
The amendment would not impact the availability of public services. The
operation of a casino would still be able to operate under a conditional use
permit within the permitted zoning districts without having an adverse impact
on the availability or provision of public services and utilities.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed text amendment would decrease or remove a required buffer
distance for casinos from other land uses. However, casinos would still be
required to secure a conditional use permit which, during review, would
determine if the particular site is suitable for the proposed casino. The public
would be involved in the review process as well as the Planning Board and City
Council.
9. Does the requested zone 've reasonable consideration to the character of the
district?
The proposed amendments give reasonable consideration to the character of
the districts in which the changes are being proposed and do not alter the
intent or character of the districts.
10. will the proposed zone conserve the value of buildings?
The commercial and light industrial districts allow many types of intensive
uses. The value of buildings will be conserved by encouraging compatible uses
in these districts and implementing the newly adopted architectural design
standards. The proposed amendment will not be detrimental to conserving the
value of buildings.
11, will the reguested zone encoura e the most a ro riate use of the land
throughout the ' urisdicti.on.?
Page 4 of 7
The most appropriate land uses throughout the jurisdiction are promoted by
encouraging complementary and compatible uses which promote the general
well-being of all citizens of the community. The proposed text amendment does
not discourage appropriate land use planning for the jurisdiction; rather it
increases the areas of potential casino locations while at the same time not
compromising the integrity or these areas. As stated before, a casino will still
be required to obtain a conditional use permit. Review of a conditional use
permit request and subsequent hearings will provide the Planning Department,
Planning Board and City Council with the oversight and regulatory authority to
determine if a particular site is an appropriate location for a casino.
REGoATION
Staff recommends that the Kalispell City Plannmg Board adopt the findings in staff
report KZTA-of - 2A and recommend to the Kalispell City Council that the Soo foot
buffer for casinos from parks, schools, churches, residential zones and other casinos
be waived in special circumstances where topographic or physical barriers exist that
would otherwise screen or separate a casino, or where they are a minor or accessory
use to a primary restaurant use all as provided for in Exhibit A attached.
Page 5 of 7
EXHIBIT A
PROPOSED AMEND1111ENTS
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 follovAng:
• Casino (see 27.35.110 Additional Requirements for Speck Conditional Uses)
Under Chapter 27.35 of the Kalispell Zoning Ordinance add the following section:
Section 2 7.3 5.110 : Casino
1. Casinos shall be a rn;n4v.um of 300 feet from churches, schools, parks, city
residential zones, and other casinos, measured from property line to property
line. Casino's may be located closer than 300 feet as described above if:
a. A topographic or physical barrier exists as described in section 2 below;
or
b. If the casino is a or accessory use to a primary restaurant use as
provided for in Section 3 below.
2. If topographic or physical circumstances exist which form a separation or
barrier to easy access between a casino site and a church, school, park, city
residential zones, or other casinos, strict interpretation of the 300 foot
standard may be waived. A topographic or physical barrier is defined as an
arterial highway (at least 4 drive lanes plus center turn lane) , airport, river,
stream, or steep embankment, all of which impedes or prohibits easy visual or
physical access.
3. A casino is considered a minor accessory use to a primary restaurant if the
restaurant and associated facilities constitutes at least 80% of the proposed
floor space and the casino constitutes no more than 10% of the proposed use.
In addition, the casino is generally shielded or screened from vier of the
restaurant and restaurant patrons.
4. If a casino complies with Sections 2 and 3 above and is proposed to be located
closer than 300 feet from a church, school, park, residential zones, or other
casinos, as measured from property line to property line, pursuant to Section.
27.35.110 (1), then the following design standards as appropriate may be
placed on the casino:
a. L=` ting or prohibiting the on --premise signage or building design from
using the following:
Page 6 of 7
• Any terms such as gaming, gambling, cards, dive, 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.
Page 7 of 7