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I3. Resolution 5759 - Amending to Core Area BusinessPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager �n FROM: Jarod Nygren, Senior Planner SUBJECT Resolution #5759 - Managing Potential Zone Changes in the Core Area MEETING DATE: April 18, 2016 BACKGROUND: On March 21, 2016, City Council passed Ordinances 1768 and 1769. Ordinance 1768 was for the creation of a new B-3 Zoning District, and Ordinance 1769 was for the rezoning of the Moose's property to the new B-3 Zone. Throughout the hearing process there were some concerns raised about how the rezoning process within the Core Area would be managed, moving forward. Accordingly, the City Council requested that there be a work session scheduled to discuss the management options, and adopt an appropriate policy. At the April 11, 2016 work session staff presented a DRAFT resolution to Council. The resolution set forth the practice for amending existing Kalispell City zoning designations, within the Core Area. In summary the resolution; 1) Encourages property owners within the Core Area to petition for zone change in the land use designation of their property to the B-3 Zone; 2) Planning Department would initiate an outreach program to provide information to all the property owners within the Core Area about the B-3 Zone; and 3) City of Kalispell would waive the zone change application fee for all land owners making such petition for B-3 Zoning within the Core Area. The Council determined that the resolution was appropriate; however, they did determine that the fee waiver should be applicable for a three year timeframe, rather than the two year time frame as presented. The resolution has been amended to include a three year timeframe. RECOMMENDATION: It is recommended that the City Council approve the resolution establishing a Core Area rezoning policy. ATTACHMENTS: Resolution #5759 Core Area Revitalization and Zoning Map Report compiled: April 14, 2016 Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO. 5759 A RESOLUTION SETTING FORTH THE PRACTICE FOR AMENDING EXISTING KALISPELL CITY ZONING DESIGNATIONS WITHIN THE KALISPELL CORE AREA TO CORE AREA - BUSINESS ZONING DISTRICT B3. WHEREAS, on December 17, 2012, the City of Kalispell Core area was demarcated and defined by Resolution No. 5601(A) wherein the City's growth policy was amended to specifically consider the land uses within the area affected by the railroad tracks traversing central Kalispell from east to west and which includes approximately 364 acres along the rail corridor within the city limits; and WHEREAS, on February 4, 2013, by Resolution No. 5605, the Kalispell City Council found it to be in the best interests of the City to amend the West Side Urban Renewal Plan to include the Core Area Plan which includes public projects to encourage the removal of blight through a number of public infrastructure improvements and the removal of the railway tracks that bisect the area; and WHEREAS, on March 21, 2016, the City of Kalispell, passed Ordinance No. 1768, amending its zoning code specifically as it relates to the Land Use Zone B-3, creating a B-3 Core Area - Business Zoning District, designed to encourage private investment in dense mixed uses; and WHEREAS, the Kalispell City Council finds that it is in the best interests of the City to adopt a policy that invites property owners within the Core Area to join in a petition for a change in the land use designation for their property to B-3 Core Area - Business Zoning District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That it is the desire of the Kalispell City Council that property owners within the Core Area should be encouraged to join in a petition for a change in the land use designation for their property to B-3 Core Area - Business Zoning District. SECTION 2. That the City of Kalispell Planning and Zoning Department should initiate an outreach program to provide information to all property owners within the Core Area regarding the general urban renewal core area plan and the benefits that the property owners may derive from a change in the land use designation of their property to B-3 Core Area - Business Zoning District. 1 SECTION 3. That the City of Kalispell shall waive the Zoning Change Application Fee for all land owners who join in such petition for B-3 Zoning within the Core Area. SECTION 4. This resolution shall become effective immediately and shall remain effective for a period of three years from the date below written. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 18TH DAY OF APRIL, 2016. ATTEST: Aimee Brunckhorst, CMC City Clerk a Mark Johnson Mayor .E 0 N ca c 0 CO N m CU (D Q.