Loading...
3. Zoning Text Amendment - Casino SetbacksCity of Kalispell Planning Department Sued East, Suite 21 I,Kafispell, Montana 59901 Telephone: (406) 751-1850 Fax: l -1 5 SPORT Kalispell ispell Mayor and City Council James r- . Patrick, City Manager FROM: Sean Conrad, Senior planner DATE: duly 31, 2006 SUBJECT: Kalispell Zoning Ordinance Text Amendment - Allow for reductions n the Soo foot setback for casinos from churches, schools, parks, residential zones, and other casinos. BACKGROUND: The Kalispell City Planning Board held a public hearing on April 11, 2006 to consider a request by the City of Kalispell to alloy for reductions in the Soo foot setback for casinos from churches, schools, parks, residential zones, and other casinos. At the April meeting the planning board directed staff to provide some suggested language to the zoning ordinance to reflect the City's request to allow for reductions in the 30foot setback. The Planning Board continued discussing the zoning text amendment at its May 9, 2006 meeting. Sean Conrad of the Kalispell Planning Department, presented staff report KZTA-0 -2 evaluating the proposal and recommended approval of the proposal with suggested arnendments to the Kalispell Zoning Ordinance at the May 9th planning board meeting. The board discussed the proposal and the potential related impacts. Possible options considered by the board Mcluded reduced setbacks when projects were adjacent to steep topography, major river corridors and highways or eliminating setbacks altogether and providing a recommendation based on the merits of each project as it is reviewed through the conditional use permit process. Ultimately, a motion was made to table the text amendment in order to hold a work session. The motion passed unanimously. sly. n July 11 th the planning board held a work session regarding the proposed text amendment. The planning board further discussed the possibility of reducing or eliminating the 3 -Foot setback but felt that due to the relatively feu casino requests the City has seem in the last five years and because here are processes in dace for developers to request exceptions to the Soo foot setback .armed Unit Development request or variance request) , the Soo foot setback for casinos from churches, schools,, parrs, residential zones, and other casinos should remain. asios July 31 Y 2006 Page 2 RWOADMNDION Plug Board recommends no further action on this issue .t this time unless specificaRy erected by the City Council. ALTER1 A MES: As suggested by the City Council* Respectfully su it d, Sean Cozad Senior Planner Report compiled: July 31, Zoo Theresa White, Kalispell City Clerk Entrance standards are approved, which would tale dment precedence. Jentz said that if they get the plan amendment at the council level and -2 zoning and pull their building permit July 1, they hve with the codes and standards that are in affect on July 1. if they decide not to break ground until next April Zoo , their eir building pest will be premised on whatever standards are in place at that time, or they go home tonight and pull a state building permit and they construct it out in the county ty because they already have • county -- zoning. Hull said he wants to see this area in the city because it gives the city control over the lighting, the appearance and several other factors that are considered 1. Hull said the last thing that they want to see is counter commercial at the entrance to the city. Schutt said he has a level of faith and trust in the applicant d was wilhng to take that step to approve the groom policy amendment. This is going to be a commercial piece of property eventually and -2 zoning is appropnate. Norton said he Fully believes that this parcel should be annexed into the city and the -2 zoning is appropriate. ROLL CALL The motion passed unanimously on a roll eat. vote. OLD BUSINESS* CASINOS TEXT A request � t ,e Citycal` Kalispell t amend Sections Ai MNDMIE 27.14.030(5), 27.15.030(3), 2 . . 30 (8) 7 2177. F . 3 and TT 2 • 1 . 3 ( # ) of the Kalispell Zonm* g d11 lance . The f amendment is nter d ed to review the 300 foot setback for casinos from churches, schools, parks, residential zones, and other casinos. The current text requIres the 300 foot s ett ack for casinos from churches, c . 1 , p arks , res dential zones, and Other casinos as measured from property line to property hne. The City is considefing amending the zoning code to maintain the requirement for a conditional use permit but either decrease or eliminate the Soo foot setback requirement. STAFF REPORT XZ-k - Conrad stated that at the public hearing in Aril the text 2 amendment t regarding the 300 foot buffer for casinos from churches, schools, parks, residential zones, and other casinos was tabled and the board directed stall" to core back with some language that would allow a casino 3 to be located within the Soo foot buffer if there were certain circumstances present at the site, such as a topographical separation between laird uses, or a highway, etc. Kalispeii City Planning Board Minutes of the ineedn g of IM ay 9, ? 006 Page 10 of 1 Staff isrecommending that the planning board adopt Staff Report KZTA-o -o2 as fmdin s of fact and recommend to the Kalispell City Council that the text amendment dment e approved with the following language: Replace sections 27.14.030(5), 27.15-030 3 � 27.16.030(8)5, " .1 '.030 and 2 .1 .030 which state: Casino if Soo feet or more from churches, schools, parks, residential zones, and other casinos, r .eas red from property line to property line. With the following: Casino (see 27.35. 110 Additional Requirements for Specific ConditionalUses) Under Chapter 27.35 of the Kalispell Zoning Ordinance add the following section: Section 2 7.3 5..10: casino 1. Casinos s iafl be a r ir]imum of Soo feet from churches, schools, parks, residential zones, and other casinos, measured from propel line to property Vie. If topographic or physical circumstances exist which form a separation or barrier to easy access between casino site and a church, school, park, residential zones, or other casinos, strict interpretation of the Soo Foot standard may be waived. A topographic or physical barrier is deed as are arterial highway way (four or more lanes), airport, river, stream, or steep embankment, kment, all of which impedes or 'prohibits easy visual or physical access. 2, if a casino is proposed within 300 feet of a church, school, park, residential zones, or other casinos, as measured from property lire to property line, pursuant to Section 2 .3 .110 (1), then the following design standards as appropriate may be placed on the casino: a. irru'ting or prohibiting the ors -premise signa.ge o buildffig 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 liahtina Kalispell City Planning -Board Minutes of the inWing of May , 06 Page I I of 14 . Limiting the number and location of entrances into the casino. c. Increasing landscaping requirements ents in order t create a buffer between. the casino and adjacent lard. uses. BOARD DISCUSSION I None. MOTION Schutt moved and Hull seconded a motion to adopt staff Report KZT- -2 as fmdings of fact and recommendthe Kalispell City Council that the text amendment be approved with the language as noted above. BOARD DISCUSSION Schutt questioned the use of language that refers to topographic or physical barrier. He said if that 300 foot setback is there to preserve some of hose qualities is a topographic barrier a. substitute for that. Conrad said are example, which was brought up at the last council meeting, was the VFW wanted to locate on top of a very steep hill rear Woodland park. They couldn't locate there because obviously they were within 300 feet of a park. But a circumstance where a VFW club was located up a. steep slope from a park there probably would not be any interaction between visitors in the park and patrons at the VFW. Conrad felt that the public would interpret this language broadly but it would he the plannm* g department's is intent that these requests would he reviewed on a. case -by - case basis to determine the impacts. Schutt noted that if the topographic or physical barrier tmpedes or prohibits visual or physical access do we chose one or the other of those. He added that Lion's Park is very visually accessible from the proposed. Hilton property therefore the board would ignore the visual accessibility. Conrad said they have added si.gage language either limiting or prohibiting the signs all together so that you don't have the flashing, detached sign right out front. Conrad said co rrc*1 elected to prohibit casino signage for the Hilton Inn altogether. Schutt understood the process of the PUD which enables the casino to be part of the Hilton complex but is having a. hard time with amending the casino regulations for the rest of the city. Norton added that the language staff developed is exactly what a majority of the hoard requested.. Schutt said that when a. text amendment is passed they don't know hoar it is going to be applied the future and they can only judge y the words presented for the amendment. Conrad noted that the hoard can amend the language that he suggested. Hull said. that he really likes the limits on the signs and--------- . ........ ......... ........ ---- aliil City Planning Board Minus s of the meetin ; of May 9, 2006 Page 12 of 14 wished they could make e that city-wide. Hull suggested if 1t would be possible to keep the restriction for churches, schools, and have it only as parks and residential zones with the IJ arn' i s i Albert wondered if this would even be are issue if the city didn't stared to gain a lot by a3lowing casinos near these other uses. Norton said that its. how they am o this m er• Albert added that he doesn't think the text should be changed. Jentz suggested that the hoard could. Chose to do nothing because there is a struggle for some board members with why are we watering down what is a good standard. Jentz noted that the council felt that the PUD process was used ma 3ro riately. This board said no entrances to the casinos and the council added no sig.a ;e and a customer ` .a.s to now e inside the Hilton to even know that there is a casino inside. The board can suggest that life continiies on as it 1s and if someone wants to go through a PUD process and subject themselves to hearings, etc., they can. Schutt suggested a work session e held on the text amendment. Norton rioted that the board could table the discussion, hold a. work session, change the language presented., or vote on 1t r as s. MOTION Torton moved and Huff seconded a motion . to table the text amendment in order to hold a work session. ROLL CALL The motion to table passed unanimously on a roU call vote. MOTION TO "PROVE The motor to approve failed Niue to the motion to table. KALISPELL NORTH Jentz reminded the hoard of the Kalispell. North Growth GROWTH POLICY Policy Amendment Open, ."rouse on May 16, Zoo , from .00 AMDMENT - OPEN p,m. to . 0 p.m. in the city council chambers. HOUSE MAY 16TH NEW W BUSINESS: Norton thanked Mr. HMes for coming and asked if he would like to speak to the board. Norton thanked the Flathead County Planning Board for postponm'g approval of the Riverdale Growth. Policy Amendment and added that he agreed that approval was premature. Dori, Hires said that the Riverdale Growth Volley Amendment was tabled in light of the pending Groff Policy update that the county is working on, and some o the board also r thought it was premature. Hines said. the Mountain View Plaza first came forward as a Kalispell City Planning Board M inuies of the meeti May 9, 'age 13 of 14 QUESTIONS THE Norton complimented Se � Planner Scan Conrad � AR professional presentation and the layout and addition o photographs in the staff report. Hull asked if the center was are ovemight facility. Conrad said no the services are provided between : oo a. I. and 8:00 p.m. "FLICANTIAGENCEES Clair Beaver - Executive Director of the Hope Pregnancy Center stated that the center is not a residential facility Lit day use. Primary hours are 12:00 Noon t .m. Monday through Friday and one eveninga. week — Monday from , o0 p.m. to :00 p.m. There are some other programs that take place in the evening and she listed those for the hoard. ntly Beaver said that they found out that they were not currently in compliance with the zoning and they wanted to correct that issue, which is important to them especiaRy with the additional services they wart to provide. Hinchey asked about the additional services that will b provided. Beaver said that they wM be bnffiging on a nurse manager r to perform the pregnancy testing, and also be offering ultrasound services. Taylor asked if the conditions were acceptable. Beaver said. that the parking lot and the sign p =it will be the easiest to accomphsh. The handicap ramp will be more d fficu t but if that is the requirement they wiE comply. PUBLIC HEARING No one else wished to speak and the public h arffiwas closed. MOTION in hey moved and Gabriel seconded ed a motion to adopt Staff Report KCU-o - 03 as fmdings of fact and recommend men to the Kalispell City Council that the conditional use permit be approved subject to 4 conditions, noted in the staff report. BOA DISCUSSION Schlott noted that this I zoning mistake is an easy one to fix. Norton sa that the Hope Pregnancy Center is a great facility and there is a reed for it in the community. He was s rpns dl. that this use wasn't grandfathered in and he was sorry that they had to go through this process. ROLL CALL The motion passed unanimously on a roll call vote. CITY OF KALISPELL A request by the City of Kahsp f. to amen' S t�.o "�.s ZONMG ORDINANCE TEXT 7. e 3 SSS 5 +5, 27. .030(3) � 27.16.030(8), 2 i i �'f•030iiiiii T//TTT and 27.14.030(5)5, AMENDMENT- 300 FOOT 2 # r * �# 3 the Kalispell Zoning ell #..R..�..�T..k • The Yreview SETBACK FOR CASINOS amendment is intended to the 300 foot setback for oa mos from h rch. s, schools, parks, residential zones, and other casinos. K iisp ll City Planning; Board Minutes f the meeting of Ap ri l 11, 2006 Page 2 of 1 STAFF REPORT KZTA- - Sears Conrad, representing the Kalispell Planning 2 Department artment presented staff Report KZT .- -2 for the Board. Conrad stated that the text amendment is to address the rniz�.imum Soo foot buffer for casinos from churches, schools, parks, residential zones and other casinos. The Kalispell City Council directed staff to review the Soo foot buffer and offer a recommendation to the planning board. Conrad said that in looking at the limited locations where casinos can operate and given the fact that casinos are required to obtain a conditional use permit planning staff is recommending that the 300 foot buffer be removed and under the conditional use pest inacts to churches, schools, parks, residential zones and other casinos could be addressed. Conrad noted he contacted the cities of Missoula, Bozeman, and Helena and all 3 limited where casinos can locate through zoning, They are allowed in commercial districts and one or two of their industrial districts. Missoula requires a use e=t when someone wants to of taln a liquor license and requires a rezoning of that property, which requires a public hearm'g and conditions the rezoning to ensure that the liquor license and presumably the accompanying casino are compatible with the neighborhood. Bozeman created a zoning overlay district for casinos. Within that district there are stringent setback requirements from residences, schools, churches, and parks. However, Bozeman also defines a. casino as any business caffing itself a casino or if it operates more than one table or 1.5 gaming machines. Most of the casinos operate just under the defmition so that they do not have to go in the overlay district and be confined to one spot in the city. Helena hrm'ts casinos to a couple of the cornrnercia.l districts and defines casinos as having 6 or more gaining machines and then offering live keno or card games. Helena has a. Soo foot buffer requirement from residential zones. Staff recommends that the Kalispell City l.a.nnin.g Board adopt the findings in staff report 1Z -0 -2 and recommend to the Kahs ell City Council that the Soo foot buffer for casinos from parks, schools, churches, residential zones and other casinos be removed from the Kalispell Zoning Ordinance. BOA DISCUSSION Schutt noted that he appreciated the neap details that were ro id ed with the staff re ort and Conrad said the mat) was Kalispell City Planning Boar. M mutes of the rn eetin g of Apri 1 1 L, 2006 Pa ) of 14 prepared by Cookie Davies, the planning department's GIS Specialist. Hull asked, why drop all of the buffers? Conrad said the current zoning ordinance firnits where casinos can be located and using the conditional use process casinos can be looked at on a case -by -case basis, including their amity t churches, schools, parks and residential areas. if mitigation would be required for s .gna.ge, limiting the amount of entrances, or re u=g additional landscaping for screening the perry t could be conditioned to address those issues. Schutt asked if there was consideration given, to reducing the buffer to too feet. Conrad said no although a reduced buffer would aloes more ca.sm*os in some areas. Norton asked were the 300 foot buffer cane from. Jentz noted that 5 or 6 years ago casino development really cane on strong in the valley and each of the 3 cities and Flathead County looked at casino regulations. Columbia Falls adopted a. conditional use permit process; Whitefish created a small opportunity zone at the south end of the city; Kahspell went wt Soo Feet which was one of a ser'es of options that were developed. Jentz added. that Soo feet is a city block. Mate law currently regulates boo feet door to door for churches and schools, so that standard was already In place. Jen.t noted that the board could keep the Soo foot standard and require a conditional use permit for all casinos. It allows the board the ability to look at each one M' dividually and consider the impacts. Taylor asked for clarification of the state lave boo foot Vuffer. Jentz said, state law says boo feet door-to-door on the street it fronts, but doesn't deal with around the corner. PUBLIC HEARING Don Hines, Zoo Highway 93 south, stated that he is representing himself and some other business owners south of Kalispell. He voted to put the 30foot buffer into place when he was a member of the Kalispell City --County Planning Board. The buffer was intended to slow down the casing activity and try to separate those areas from the exposure of casinos. During the summer months most of his customers who travel here to experience the Flathead are surpn'sed to learn that gambling is allowed, in the Flathead. There is a urge impact of casinos on the strip into Kalispell from the airport a 1 the way to Highway 93 South. At this time the southern gateway is not really cluttered with casinos. The board had already set aside the 300 foot setback when the Town pump request was approved for a. casino at Four Corners. 'there is a residential zone within. Soo feet of that location. Hines feels that the Soo foot buffer should be left in puce, or perhaps should be increased. No one vise wishingwishigg to speak the public hearing was closed. Kalispell City .planning Board Minutes of the tneeting of April 11, 2006 'age 4 of 14 MOTION Taylor moved and Schutt seconded a. motion to adopt Staff Report KZT-06-02 as fmdu"I s of fact and recommend to the Kalispell C -ty council that the Soo foot buffer for casinos from parks, schools, churches, residential zones and other casinos be removed from the Kalispell Zonng Ordinance. BOARD DISCUSSION Schutt said that he would like to hear some discussion as to whether people think that the Soo foot rule is working. By reducmg the buffer could a night spot strip he created M tow.? Increasing the buffer is worthy of discussion but he was not certain that would rake it any bettor. Hull said there are 2 philosophies, one like Whitefish where they are hmlted to a very small area and then Kahspell which stretches them out, away from each other in an effort t prevent a casino section of town. Taylor said he is against eliminating the Soo foot buffer zone. He said that while the PUD is indeed a valuable tool they have come to rely upon as a. case -by -case approach, it vanes y who is on the hoard or M the planning office at that time. Whereas, if there is something in the ordinances then it is the law. Second Taylor said it seems that the board is charged with looking at thM- city 10 to 30 years from now. He doesn't think that casinos Will he limited to the south corridor of Highway 93 or Highway 2; sooner or later they will he al about casinos on Highway 93 Forth clear up to the landfill and further cast on Highway 2, then who knows, west on Three Mile Drive. Taylor said we lose sight of the fact that there are already 2 casinos within the city and 54 casinos in the Flathead Faller. lot of people come to the Flathead seeking beauty and the natural wonders and visitors although, enchanted with the beauty do not become an integral part of it. Taylor feels that he is an integral part of the Flathead Valley and finds himself in harmony with nature and his surroundings. He does not feel in harmony with casinos and feels that they spoil the environxrient that he care here to enjoy. 'Taylor said the door should not he opened for more casinos by eliminating the Soo foot buffer. He thinks that is the wrong approach. Schutt asked Conrad how the casm' o overlay district was working in Whitefish. Conrad said that the area is on the south end of town although the majority of the casinos in Whitefish are downtown and were grandfathered inn. He did not see any applications for casinos in his 7 month tenure in Whitefish and only one CUP to expand an existing casino downtown. Jentz noted that Kalispell, Whitefish and Columbia Falls have a. limit on the number of liquor licenses, and therefore casinos, allowed which is based on op . la.tlon. If the 300 Kalispell City Planning Board Minutes of the meeting of April 1 , 2006 of 14 foot standards were removed today they would not get 20 more casinos ' in town because the city is already over its quota. It is a . mited industry. Schutt asked why the Soo loot buffer was added. Jentz said the whole purpose of the Soo Foot buffer was the casinos were cog to town so where should they go and should they be diffused or concentrated into one area.. Bentz added it is a. different approach if the goal is to prevent additional casinos. Hull said that there are possibly 2 new liquor licenses coning out of Somers because of the annexation of the Old School Station. Every time there is a new one in the County someone figures out a way to get it into the city. That's why they are over quota in the city because they are worth $800,000 in the city and. $500 in the County. Hull said that a monster has been spawned by the Legislature by attaching gambling to liquor licenses because the cost of the license cant he supported by drinking. 'sere are a. number of restaurants who are not coring to town because they cam."t afford $8007000 for a liquor license. One of the real problems is that casinos bring m more revenue to Kalispell than taxes. HuR said that he agrees with Taylor that the board should do what they can to limit casir� os. Gabriel said the lights and sig age in the instance of the Town imp was taken care of by the council. We can't control the liquor license issue and she doesn't buy the concept that Outback Steakhouse or the Hilton cant afford a. liquor license. She can, however, understand why they wouldn't want to pay it. Gabriel said that the Soo foot buffer issue was adopted for a reason and a city block makes sense to her. However, , a n-ver or a 4 lane highway is a natural buffer that should he considered. Gabriel clarified that the planni'ng board dial not forward a positive recommendation on the Town Pump casino CUP it was recommended for denial on a vote o -2. The Kalispell City Council chose to approve the Town Pump casino CUP with additional conditions. Hinchey said that a. previous board and council saw the need to approve the Soo foot buffer and he hasn't heard any reasons that would support pulling it out, It is good to have a buffer between a casino a.d a. church or school, perhaps a park would be different, but if he lived in a residential area rear a. casino he would probably like to see the buffer ever. larger. Hinchey said that by taking out the Soo feet they would be gutting the ordinance. He would prefer having it reworded that if a significant barrier lke Highway 93 or a river was present it could provide a reasonable separation,, in which case the Soo foot standard could be waived. Hinchey stated that he felt the Soo foot buffer should stay in the ordinance. . Kalispeli City Planning Board Mini the meeting of Apri1 1, 2006 Page 6 of 14 Jentz suggested that they keep 3 oo foot buffer but when there are situations such as a significant traffic system, river, airport, etc. separating the use from the casftao they would he required to have heightened design which would address sig .age, entrance features, ' uffdm' g design., etc. to e1.mina.te the impacts. Schutt suggested excluding other casinos from the fist of items requiring a Soo foot buffer a ow casinos to concentrate but would ma.mta' the buffers for the other use . Hu11 said that would not handle the problems. of having a park across the street. Taylor noted that application is not before the board r ght now and added that whatever new wording that the board would come up with should be presented to the public before a decision is made. Norton said he feels this is a. moral. question, We don't wart gambling next to our church, children, parks or schools. He agrees with it for those reasons yet he sees other circumstances - a. 4 lane highway, the topography, the abort or the er that would definitely make a difference with the intent of the ordinance. He understands that there w.11 not be a huge influx of casinos lf` the ordinance is charged but there are other ways of getting around it such as [ 's and the conditional use process. Hull said that when he first looked at this he thought they could drop it for parks but then next week they would be discussing dropping it for schools and that's ghat wom4es him. Hull said that is the same war that gambling crept in. He sees the problem with the Hilton but he doesn't think that it will hurt Lions Park, but at the se time he would like to see the standard stay in place. Taylor suggested that the board vote on this issue. Norton suggested to hng the text amendment. Norton and Gabriel suggested that the issue be tabled to give staff are o ortumI t r to develop language that would allow case os within Soo feet of churches, schools, parks, residential areas, and casinos if there were circumstances present such as separation by a highway, river, airport or topographical features, etc. MOTION TO TABLE In Nortomoved and Taylor seconded a notion to table the text amendment as stated above for up to 60 days. ROLL CALL I The motion to table the text amendment was approved unanimously on a roll call vote. ROLL CALL ORIGINAL The original motion to approve the text amendment dment failed MOTION due to the approved motion to table the amendment, Kalispell Cite Planning Board Minutes of the meeting of Apri 11, 2006 Page 7 of 1 City of Kali"spell Planning Department 1 - 2 street East, Suite 211, KalispeH, Montana 59901 Telephone: o 5 I -1 s o Fax* o I --1 5 W sit : kalis ll arning. om REAR T: Kalispell City Planruffig Board FROfto Sean Conrad, Senior Planner SUBJECT: Kalispell Zorn'ng Ordinance Text Amendment - mow for reductions in the 300 foot setback for casinos from churches, schools, parks, residential zones, and other easmos. MEETING A May 9, 200 At the Planning hoard"s AprilApn'l 11, 2006 meeting the board reviewed staff report KZ- o -2 and directed staff to develop language that would d allow a.sinos within. Soo feet of churches, schools, parks, residential areas, and casinos if there were circumstances resent such as separation by a highway, river, airport or topographical features. Given this direction sty recommends the la niniz board consider amending the Kalispell Zoning Ordinance as follows: Replace sections 27.14.030(5), 27.15.030p), 27.16.030(8), 2 ..' . o3 and 2 .1 . o 3 o 7 which state Casino if Soo feet or more from churches, schools, parks, residential zones, and other casinos, measured from property line to property line. With the following; • Casino (see 2 .35.110 Additional Requirements rements for Specific Conditional Uses) Under Chapter 27.35 of the Kalispell Zoning Ordinance add the following section: Section 27.35,.110: Casino Casinos shall be a minimum of Soo feet from churches, schools, parks rx, residential zones, and other eas os, measured from property lire to property line. If topographic or physical circumstances ces exist which form a separation or barmier to easy access between a. casino site and a. church, school, park, residential zones, or other casinos, strict interpretation of the Soo foot standard may be waived. A topographic or physical barrier Is defined as are arterial highway (four or more lanes), airport, aver, stream,, or steep embankment, all of which impedes or prohibits easy visual or physical access. 2. If a casino is proposed within Soo feet of a church, school, park, residential zones, or other casinos, as measured from property lino to property Vie, pursuant to Section 2 .35. o , then the following design standards as appropriate may be placedon 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, terns, figures, art work, or features intended or designed t attract attention to the fact that a casino is on site. Neon fighting . Limiting the number and location of entrances into the casino. o. Increasing an .s a in requirements in order to create a buffer between the asmo and adjacent lad uses. CITY of KALISPELL STAFF REPORT #KZTA-o -2 APRIL 3, 2006 hIs is a report to the Kalispell City Planning Board and the Kalispell City Council regarding request for a text amendment to the KalispeU Zon4g Ordinance to address the rr*n= um 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 April 11, 2006 begins at 7:00 PM in the Kalispell City Council Chambers. The planning board will for -ward a recommendation to the Kalispell. City Council for fmal action BACKGROUND INFORMATION n March 20, 2000, the Kalispell City Council adopted or mnance 1350 that amended the classification of casinos and reqiaired the casinos to obtain a conditional use permit in the - 2 (General Business), -3 (Community siness), - (Central. .smess), B-5 (Industrial -Commercial) and l-1 (Light m i strial.) 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 is,tance of .300 feet, measured from property line to property Line, from the following land uses: Churches, schools, parks, residential zones and o h r casinos. A.Petitioner: Janes H . Patrick, City Manager City of Kalispell P.O. Box 1 lase, MT 503 (406) 5 - 7701 Area erected by the Proposed Changes: Any area within the Kalispell zoning juris fiction could be effected by the propose. changes. Ci Proposed his is a. proposal .ni l Sections 27.14.030(S), 27,15.030(3), '"' .16-030(8)� 0(4) and 27-18.030(7) of the Kahspell Zoning Ordinance. The amendment is intended to review the Soo foot setback for casinos from churches, schools, parks, residential zones, and other casinos. The current text requires the Soo 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 either decrease or eliminate the Soo foot setback requirement Staff Discussion: n: The City Council amended the Kalispell Zoning Ordinance in March. of 2000 to require uire a Soo foot setback for casinos from churches, schools, parks, residential zones, and other casinos as measured from property line to property line. Brice this amendment, the City has received two applications for conditional use pernts to avow casinos, both of which. have been granted. The first was issuedl, in February of 2002 to Northwest Investment Partnership, LLP to allow the conversion of an existing b s ness into a. casino in Westbrook Square, located at the Page I of northwest corner of North Mer dia Road and. Hwy 2 West. The second conditional use �i was issued February of this year to Montana Commerce LLC to add a. 2,700 square foot casino tavem onto the existing g Town Pump gas station located at the corner of Cemetery Road and Hwy 93 South. There are a total of 24 casinos located wit .gin the Kalispell City .its. The r a orlty of these have been in operation for years arid., therefore, axe within 300 feet of parks, schools, churches, residential zones and other ca.s os. With the existing 30foot setback in place and the fact that casinos are only conditionally allowed within certain commercial and Md ustrial zones, there are only three major or areas of the City future casinos could potentially locate. These �rclude Highway 93 South, on land along the highway and south of Scotty's bar. Areas immediately north of the Kalispell Center Mall and the "ldyman's, Dollar Store, Whitefish credit Union commercial center and an area located along Hwy 2 West in the vlcm' ity of the Gateway West Mall and Ashley Square business park. The attached map shows the location of the exIsting casinos and. the Soo foot buffer zones. Section 16-3-306 of Montana. Code Annotated states that no retail liquor license may e issued pursuant to this code to any business or enterprise whose rexm'ses are within 600 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 hcer se must be obtained in conjunction with a. casino license the State codes address the prox='*ty to which a ca.smxo can be located to a school or church.. Furthermore, the text amendment only proposes to reduce or remove the setback requirement. Casinos will stall 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 e reevaluated.. VALUATION BASED ON STATUTORY CRJERICA The statutory basis for reviewing a. change in zoning is set forth by -2-205, M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized cntena descried by -2--203, M.C.A. .. Does the re uested zone complycompty nth the opt Disc The Kalispell Growth 'ol cy encourages the. use of zoning as a tool for the implementation entation 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 requested zone desigqed to lessen core estion 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. Page 9. of not generally be effected. 3. Will the re nested zone secure safety from fire anic and other dangers? Although the proposed amendment would reduce or eliminate a. required buffer for easm* os from certain land uses, the amendment would not reduce any safety provisions for fire or other health and safety issues smee the use of a casino wili still be requIred to obtain a conditional use pert. Through the conditional use pe=it process the proposed casino will be reviewed so as to not eom ron se pubhc safety. . Will the requested change prorr ote the health and general welfare The general health and welfare of the public wfll sty be maintained if the proposed amendment is approved because casinos vie. still be reviewed as a conditional use permit, which M l des are. evaluation of the proposed use and whether it will be detrimental to adjacent properties and the neighborhood in general. S. Will the requested zone rova.de for adequate.,light and air Light and air ettreen and surrounding buiidin s 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 des_ of uses allowed within the various zonmg districts. 6. Will - the requested zone prevent the overcrowding of land or undue concentration o ..2eop. The proposed amendment would not increase the intensity of u ses currently allowed rit in the zoning district. . Will the re nested zone faoihta.te the ade ate revision. of transportation, water,se vera g schools arks and other -public re irements The amendment would not impact the availability of public services. The operation of a easu' ao would still be able to operate under a conditional use permit within the perrmtted onir� districts without having an adverse impact on the availability or provision of public services and utilities. 8. Does the.reguested zone `ve consideration to the articular s ita. ill of the ro for articular -uses? The proposed text amendment would decrease or remove a required buffer distance for casinos from other land uses* However, casinos would sty be required to secure a conditional use permit which, during review, void determ_m' e if the particulax 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. Page Does the requested zone 'tee reasonable, consideration to the character of the district? The proposed amendments give reasonable consideration to the character o the districts in which the changes are being proposed and do not aster the intent or character of the districts. o. Will the ro osed zone conserve the value of buildin The commercial and light industrial districts allow many types of Mte si re uses. The value of buildings will'be conserved by encouraging compatible uses in these distracts and implementing the newly adopted architectural design standards. The proposed amendment will not be detrimental to conserving the value of buildings. .. Will the requested zone encourage the most ro riate use of the land throu out the unsdiction The most appropriate land uses throughout the jurisdiction are promoted by encouraging complements and compatible uses which promote the general ell -being of all citizens of the community. The proposed text amendment does not discourage appropriate land use lanni-ng for thejurisdiction; rather it mcreases the areas of potential casino ,locations. However, as stated before, a casino will still be required to obtain a conditional use Baer -it. Review of a conditional use pest request and subsequent hearin gs will provide the la m' g 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. RECOMMENDATION Staff recommends that the KalispeR City Planning Board adopt the fmdings in staff report KZ A.- -2 and recommend mend to the Kalispell City Council that the 300 Foot biaffer for casinos from parks, schools, churches, residential zones and other casinos e removed from the Kalispell Zoning Ordinance, The Planning Board may also want to consider criteria included in the conditional use permit review in addition to the requirements lasted under section 27.34.080, -eview criteria for conditional use errr its} Additional criter' a the Pla nning Board may consider placing on a conditional se per=t review may include the prom*mity to schools, parks, churches, residential zones and other casinos. SC Page 4 of City of Kalispell Planning Department 17-2ndStreet East Suite 211, Kalispell, Montana 59901 Telephone, (406) 751-1850 Fax: ( 1-1 5 PETITION FOR ZONING TEXT AMENDMENT NAME OF APPLICANT _ `j �, i SQ-2j CTTY/STATE/ ZIP: PHONE. - WHAT IS THE PROPOSED ZONING TEXT AMENDMENT? cL4.,, rA. .... .......... ........ �. t WHAT IS THE SE OR INTENT OF THE PRO OSED TEXT AMENDMEN ` 5 1 HOW WILL THE PROPOSED CHANGE CC M '' S THE INTENT AND PURPOSE A. Promoting the Gr wtH Policy N J. Protecting a.d conserving the value of buildings Kw Encolaraging the most appropn*ate use of land by assuring orderly groom (Applicant Signature) (Dade) NOTICEof PUBUC HEARING KALISPELL CITY PLANNING BOARD AND ZONING C MMN Apt 11, 2006 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, April 11, 2006 beginning at 7:00M in the Kalispell ClityCouncil Chambers, dispel. City HaR, 312 First Avenue East, Kalispell. The planning board will hold a public ea ng and take public comments on the following agenda items. The Board wiH rake a. recommendation to the Kalispell City Council who will take final action.. 1. A request by Central Bible Church for a Conditional Use Permit for the Hope Pregnancy wr e ter located t 94+ 1;t Ave. East The property i* s zoned y -t lbIw+.wo Family . esidentiad) and although the Hope Pregnancy Center .has been operating for a. number of years conditional use pest was never issued to allow the Center to operate inzoning district. The Central Bible Church is requesting the conditional use pest to bring the Hope Pregnancy Center into compliance with the zoning district. The Center provides counseling services during normal business hours for pregnant women. The propel is legally described as Lots 9, 10� 11 and. 12 of Block 125, Kalispell. r'ginal Townsite, located t , Section Towns i �p 28 North, Range 21 West, PMM Flathead County Montana. Kc -o -o 2. . request by Robert Voelker for a Zone Change ,from P-1 (Public) to -2 (General s ness and Planned nit Development P overlay district on a 34 acre lot. The requested PUD overlay district would allow a Hilton Garden Inn and Conference Center to exceed the maximum building height of 40 feet In the -2 General Business) zoning district and place a, casino within the hotel co ,ference center which is within 300 feet of a City park. SpecificaRy, the owner is requesting the hotel be allowedamaximum height of 56 feet and a casino, approximately 1,500 square feet in size, be permitted within the 117,,000 square Foothotel/ conference ce center, which is located within Soo feet of Clovis Park. The property s located at 1840 Highway 93 South and can be described as Assessors 'bract 1B in Section 20, Township 28 North, Range 22 West, P.M.M., Flathead County,, Montana. KP-o-o 1 3. A request by the city of Kalispell to amend Sections 27. .oho( , `. .o o 3 2 , ro3o , ' . ' .030( and 2 . .o o(7) of the Kali.spel.l. Zoning Ordinance. The amendment is intended to review the Soo foot setback for casinos from churches, schools, parks, residential zones, and other casinos_ The current text requires the Soo foot setback for casinos from churches, schools, parks, residential zones, and other ca.smi os as measured from property line to property line. The city is considering amending the zoning code to maintain the requirement for a conditional use pernit but either decrease or ellrmnate the 300 foot setback requirement. KZT-o -o Documents pertaining to the agenda items are on fie for public inspection at the Kalispell Tannin' g Department, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and co.ace.r.s known to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may contact Sear Conrad, Senior Planner at 405 i -1 5 or e-mail him at sconradw-&a.lispell.com for additional inforratio�, } Sean Conrad Senior Planner No. 't2 NOTICE OF PUBLIC HEARING KALI P LL CITY PLANNING BOARD AND ZONING COMMISSION April 11, 2006 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, April 11, 2006 beginning at :0 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Ka- lispell. The planning board, will hold a public hearing and take public comments on the follow- ing agenda items. The Board will make a rec- ommendation to the Ka- lispell City Council who will take final action. 1. A request by Cen- trai Bible Church for a, Conditional Use Permit for the Hope Pregnancy Center located at 940 1 st Ave, Bast. The prop- erty is zoned l-(Two Family Residential) and although the Hope Pregnancy Center has been operating for a number of years a con- ditional use permit was never issued to allow the Center to operate in zoning district. The Central Bible Church is requesting the condi- tional use permit to bring the Mope Preg- nancy Center into com- pliance with the zoning district. The Center pro- vides counseling serv- ices during normalbusi- ness hours for pregnant worrier,. The property i legally described as Lots , 10, 11 and 1 of Block 125, Kalispell Original Townsite, locat- ed with, Section 17, Township 28 North, Range 21 West, Pi ll Flathead County Monta- na. (KCU-06-03) A request by Robert loeiker for a Zone Change from P-1 (Pub- lic) to B- (General Business) and Planned Unit Development SPUD) overlay district can a 3.4 acre lot. The re- quested PUD overlay district would allow a Milton Garden Inn and Conference Center to exceed the maximum building height of 40 feet in the B- (General Business) zoning district and place a casing with- in the hotel/conference center which is within 300 feet of a City park. Specifically, the owner s requestinr g the hotel be alto ( 1 rr axi.MU hle ht ;765 iaeT n a square teet In size, be permitted within the 117,000 square foot hotellconference center, which is located within 0 feet of Lions Farb. The property is located at 1840 Highway 93 South and can be de- scribed as Assessors Tract 1 B in Section 20, Township 28 North, Range 22 West, P,M.M,, Flathead Coun- ty, Montana. I PU - -i 1 , A request by the City of Kalispell to a- end Sections 2 7.1 4.0, 2 7.1 5.080, 21.08, .1 . o and '. 8.€0) of the a- l'ispell ZoningOrdi- nance. The amendment is intended to review the 0 foot setback for ca- inos from churches, schools, parks, residen- tial zones, and other ca- sinos- The current text requires the 300 toot setback for casinos from ohrches, schools, pars, residential zones, and other casinos as measured from property nine to property line. The City is considering amending the zoning code to maintain the re- quirement for a condi- tional use permft but ei- -'Ier decrease or elimi- nate the Soo foot- set - 'back req irement_ Docurnets pertaining to the agenda items are on file for public inspec- tion at the Kalispell Planning D epartmn nt, 17 Second Street East, Suite 211, Kalispell, MT 901, and are availa- ble for public review during regular office Doors. interested persons are encouraged to attend the hearing and make their views and con- cerns known to the Board. Written corn ments may be submit- ted to the Kalispell Plan- ning Department at the above address, prior to the date of the hearing, or you may contact Sean Conrad, Senior Planner at (8) 1 18 or e-mail hire at soon rad @ kal is pe 11. cO for additionai informa- tion. Is! Sean Conrad Sean Conrad Sell€or Planner March - `100& STATE OF MONTANA FLATHEAD AHEAD COUNTY AFFIDAVIT OF PUBLICATION CHRISTINE SC19FULDHEISS BEING DULY SWOP, DEPOSES AND SAYS: THAT SHE IS E LEGAL CLERK OF THE RAILY INTER LAB DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, LEGAL va r 2CA , 21.LG% AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Subscribed and swnm to Before me this �a( Zrl, D-ZD 6 Y.- Notary Public for the State of Montana Residing in Kalispell My C=fission expires9/11/09