B3. Ordinance 1764 - Casinos Text AmendmentPLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager 3�
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Ordinance 1764 — Second Reading — KZTA 15-01, Casinos Text
Amendment
MEETING DATE: November 16, 2015
BACKGROUND: This is the second reading of an ordinance to amend Section 27.34.040 of the
Kalispell Zoning Ordinance. The City of Kalispell is proposing the amendment to the Zoning Ordinance to
address public comment received regarding casino development within the city. The amendments proposed
include the following:
1. Limiting casinos to only the B-5 Zone (as a conditional use).
2. Increasing the minimum spacing requirement to 600 feet.
3. Adding Federal highways to the minimum spacing requirement (in addition to churches, schools,
parks, residential, and other casinos).
The Kalispell City Council, at their meeting on November 2, 2015, approved the first reading of
Ordinance 1764, on a roll call vote of 9 in favor and 0 opposed.
RECOMMENDATION: It is recommended that the City Council approve the second reading of
the ordinance for the casinos text amendment.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1764
Report compiled: November 9, 2015
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1764
AN ORDINANCE AMENDING CERTAIN PORTIONS OF THE KALISPELL ZONING
ORDINANCE (ORDINANCE NO. 1677) AT KMC SECTIONS 27.34.040, CASINOS, 27.13.030, B-
2 CONDITIONAL USES PERMITTED, 27.14.030, B-4 CONDITIONAL USES PERMITTED
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City
Planning and Zoning Commission to consider certain amendments to the Kalispell
Zoning Ordinance regarding the permitted location of casino uses within city limits; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission considered the request by the
Kalispell Planning Department, took public comment and evaluated the request pursuant
to the guidelines of KMC 27.29.020; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission forwarded its
recommendation to the Kalispell City Council that certain portions of text of the Kalispell
Zoning Ordinance at KMC 27.34.040, 27.13.030, 27.14.030, regarding the permitted
locations of casinos be amended; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report as amended by
the Kalispell City Planning Board and Zoning Commission and the transmittal from the
Kalispell City Planning Board and Zoning Commission and hereby adopts the findings
made in Report #KZTA-15-01, as amended, 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 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is hereby
amended as follows on Exhibit "A".
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. 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 16TH DAY OF NOVEMBER, 2015.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT "A"
27.34.040: Casinos
(1) Casinos shall be a minimum of 600 Meet from churches, schools, parks, city
residential zones, federal highway, and other casinos, measured from property
line to property line, or from the right-of-way of a federal highway.
(2) Casinos may be located closer than 600 Meet from churches, schools, parks,
city residential zones, federal highway, and other casinos, measured from
property line to property line or from the right-of-way of a federal highway if the
casino is considered a minor accessory use and meets the parameters of both
Sections 3 & 4 below.
(3) All casinos, other than those considered to be a minor accessory use to a primary
use, shall be allowed only in the Kalispell B-5 zones as a conditional use.
(-3)�L A casino is considered a minor accessory use to a primary use if the primary use
(e.g. restaurant or bar, but not shopping center or other multi -use designation)
and its associated facilities constitute at least 80% of the proposed floor space
and the casino constitutes no more than 20% of the proposed use. In addition, the
casino is generally shielded or screened from view of the primary use and
patrons.
(44 L The following design standards as appropriate may be placed on the casino:
(a) Limiting or prohibiting the on -premise signage or building from using
the following:
1. Any terms such as gaming, gambling, cards, dice, chance, etc.
2. Any reference to any associated activity or any symbols or words
commonly associated with gaming.
3. Any words, terms, figures, art work, or features intended or
designed to attract attention to the fact that a casino is on site.
4. 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, adjacent land uses.
27.13.030 Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair grounds, auditoriums, and
racetracks)
(2) Auto or vehicle body shops
(3) Auto parking structure
(4) Bars, taverns, and clubs (Administrative CUP)
(5) Campground/RV park
(6) Casino (re€efto Seelien 27.34.04.0}
(7) Contractor's storage yard
(8) Dwellings
multi -family
townhouse (3 or more attached units)
(9) Group home
8 or fewer persons
9 or more persons
(10) Homeless shelters
(11) Kennels, animal shelters (Administrative CUP)
(12) Mini-storage/recreational vehicle storage (Administrative CUP)
(13) Recreation area, outdoor
(14) Residential care home or facility
(15) Shooting/archery, indoor (Administrative CUP)
(16) Utilities (primary distribution site)
27.14.030 Uses Which May Be Permitted By Conditional Use Permit.
(1) Assembly halls/stadiums/convention hall facilities (includes public fair grounds, auditoriums, and
racetracks)
(2) Auto (RV, boat, motorcycle) sales and/or repair
(3) Auto parking, structure
(4) Auto service station
(5) Bars, taverns and clubs (Administrative CUP)
( no (re€efto Seetien 27.34040)
(7) Dwellings
townhouse (3 or more attached units)
multi -family
(8) Group home
8 or fewer persons
9 or more persons
(9) Homeless shelters
(10) Residential care home or facility
(11) Utilities (primary distribution site)
Zoning Appendix B
Table of Uses Allowed by Zone
REVISED USE
R-1
R-2
R-3
R-4
R-5
RA-1
RA-2
H-1
B-1
B-2
B-4
B-5
I-1
I-2
P-1
CATEGORIES
Retail, Service
& Business
Uses
Casino (refer to
Section
E
E
C
27.35.110