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I4. Ord 1783 - Core Area RezonePLANNING FOR THE FUTURE Nye", REPORT TO: Doug Russell, City Manager Dr�- FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KZC-16-03— Core Area B-3 (Core Area Business) Rezone MEETING DATE: December 5, 2016 BACKGROUND: A request from the Kalispell City Planning Department to rezone 72 lots from B-2 (General Business) to B-3 (Core Area Business) and 10 lots from B-4 (Central Business) to B-3 (Core Area Business). The B-3 Zoning District was created specifically for properties within the Core Area Plan Boundary and the subject properties are located within that area. Rezoning of the subject properties from B-2 and B-4 to B-3 reflects the goals and policies of the Core Area Plan. All of the property owners within the area to be rezoned were notified. As part of the notification staff also held an open house for the owners to discuss how the rezone would affect their property. The properties are generally bounded by U.S. Hwy 2 to the north, U.S. Hwy 93 to the west, Center Street to the south and 3rd Avenue East North to the east. The area described would not include the half block (Moose's property) located at the southeast corner of U.S. 2 and U.S. 93, as that half block has already been rezoned B- 3. The proposed zone change can be more specifically described as an area bounded on the north by the center line of US Highway 2 (Idaho Street), on the west by US Highway 93 (Main Street), on the south by the center line of Center Street and on the East by the center line of 3`d Avenue East North, excluding lots 13-20 of Block 16, Kalispell Original Townsite all located within Section 7, Township 28N, Range 21 W, PMM, Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on November 9, 2016, to consider the zone change request. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Kalispell City Council that the zone change request be approved. There being no public testimony, the public hearing was closed and a motion was presented to adopt staff report KZC-16-03 as findings of fact, and recommend to the Kalispell City Council that the zone change be approved. Board discussion concluded that the zone change was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of the ordinance to change the zoning of the subject properties from B-2 and B-4 to B-3. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. Report compiled: November 29, 2016 ATTACHMENTS: Ordinance 1783, November 9, 2016, Kalispell Planning Board Minutes, Staff Report, Maps c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1783 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY DESCRIBED AS AN AREA BOUNDED ON THE NORTH BY THE CENTER LINE OF US HIGHWAY 2 (IDAHO STREET), ON THE WEST BY US HIGHWAY 93 (MAIN STREET), ON THE SOUTH BY THE CENTER LINE OF CENTER STREET AND ON THE EAST BY THE CENTER LINE OF 3RD AVENUE EAST NORTH, EXCLUDING LOTS 13-20 OF BLOCK 16, KALISPELL ORIGINAL TOWNSITE ALL LOCATED WITHIN SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, PMM, FLATHEAD COUNTY, MONTANA. WHEREAS, the Planning Department is requesting that the zoning classifications attached to the above described tracts of land, currently zoned either B-2, General Business, or B-4, Central Business, be zoned B-3, Core Area Business; and WHEREAS, the properties are generally bounded by US Highway 2 to the north, US Highway 93 to the west, Center Street to the south and 3rd Avenue East North to the east; and WHEREAS, the Planning Department prepared a report, Staff Report #KZC-16-03, and recommended that the properties as described above be zoned B-3, Core Area Business, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on November 9, 2016, and recommended that the zoning be City B-3, Core Area Business, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to zone the properties as described B-3, Core Area Business, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KZC-16-03. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1677) is hereby amended by designating the properties described above as B-3, Core Area Business, on those properties generally bounded by US Highway 2 to the north, US Highway 93 to the west, Center Street to the south and 3rd Avenue East North to the east. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF DECEMBER, 2016. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING November 9, 2016 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 6:00 p.m. Board members present were: Chad Graham, Steve Lorch, Doug Kauffinan, Christopher Yerkes, Rory Young & Ronalee Skees. Charles Pesola was absent. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Yerkes moved and Skees seconded a motion to approve the minutes of the October 11, 2016, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None KALISPELL CITY PLANNING A request from the Kalispell City Planning Department to rezone DEPARTMENT B-3 CORE 72 lots from B-2 (General Business) to B-3 (Core Area Business) AREA BUSINESS ZONING and 10 lots from B-4 (Central Business) to B-3 (Core Area Business). STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report KZC-16-03 for the board. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 16-03 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business) and B-4 (Central Business) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION Young asked if there have been any objections, stating he assumes there has been positive feedback. Nygren said there have been no objections at this point, at least from the property owners that have been notified to date. PUBLIC HEARING None. MOTION Kauffinan moved and Lorch seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 16-03 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business) and B-4 (Central Business) be rezoned to B-3 (Core Area Business). BOARD DISCUSSION Graham mentioned it is really good to see this core area idea continue to move in this direction. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page I 1 THE LOFTS @ ASHLEY A request to annex a 3.79 acre parcel into the city and zone the ANNEXATION, INITIAL land RA-2 (Residential Apartment/Office) upon annexation. The ZONING AND CONDITIONAL property is located at 2050 Airport Road in south Kalispell. USE PERMIT A request for a conditional use permit for an 82 unit multi -family apartment complex within the RA-2 (Residential Apartment/Office) Zoning District. BOARD MEMBER STEPPED Board member Lorch stepped down from the discussion and vote DOWN on the Lofts @ Ashley due to a conflict of interest. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff report KA-16-03 and KCU-16-05 for the board. Nygren noted there is some hesitation with the proposed zoning because it would allow approx. 29 units per acre and the growth policy land use designation is urban residential which is approx. 4- 12 dwelling units per acre. Nygren compared the density allowed in RA-1 zoning that was considered for this property, to the RA-2 zoning. Staff does support the RA-2 zoning based on the fact that multi -family can be conditioned. Nygren reviewed the changes to the site plan that reduced the units proposed from 96 to 82 units. Staff met with the neighborhood again regarding redesign and they still had concerns with the density. Based on those concerns some additional changes were recommended and have been incorporated into the conditions of approval. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-16-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be RA-2 (Residential Apartment/Office). Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report KCU-16-05 as findings of fact and recommend to the Kalispell City Council that the conditional use permit, be approved subject to the conditions listed in the Staff Report. BOARD DISCUSSION Yerkes asked Nygren to briefly go over the difference in density between the RA-1 and RA-2. Nygren explained RA-1 is one dwelling unit per 3,000 sq ft, which would be approx. 55 units whereas RA-2 is one dwelling unit per 1,500 sq ft which would be approx. 110 units on this property, both are zoned multi -family, however the RA-2 includes an office component. Graham asked if RA-1 is more compatible with the surrounding area, then why is that not the recommendation. Jentz said when we started with the project the applicant asked if multi -family would work there and we indicated that it is a place we could see multi - Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 12 family coming in with a design that works with the neighborhood. We didn't specifically talk about zoning designations but the density they were looking at was going to drive an RA-2 recommendation so we said we would work with them to see where it would go. Because of the conditional use permit (CUP) process we always felt that we could condition a project to be compatible with the neighborhood. As we went through the process it became apparent that the neighborhood had some concerns with the density. Jentz continued that the RA-1 may be more appropriate but that is a decision for the board. Graham then asked if the board were not to approve the request recommended in the report would the board amend the zoning or deny the request and then the applicant could submit an amended application? Nygren explained to change the zoning to RA-1 would considerably change the design of their project. They could submit an RA-1 planned unit development (PUD) at which point we could increase the density allowed by the RA-1 but not allow office space. Jentz went on to explain that the board has the ability to recommend the annexation RA-2 request be changed to an RA-1. At that point the applicant can determine if they want to go forward or not. Young noted the staff report is based on RA-2, so if we change the zoning, the staff report is no longer specific to that zone so it would have different findings of fact. PUBLIC HEARING Garth Schuscke, 2245 Canvasback Ct — stated they have tried to stay informed throughout this process. They had hoped to present a compromise tonight between the residents and the developer, Dr. Weber. They attempted to meet with him but were unsuccessful. At the informal meeting on the 251h there were approx. 20 residents there along with city staff. Schuscke reviewed the neighborhood recommendations, a copy of which is attached to the minutes. He added with these recommendations in mind they would ask the board to approve RA-lzoning for this property. He then presented the signatures collected from the neighbors to the planning board. Debra Arnold, 2133 Harlequin Ct — stated she has lived at this address for 12 years. She is an insurance auditor and inspector and has inspected a number of apartment complexes in her career. She indicated that there is a concern with the corrugated metal that has been used on other projects because when painted it could chip. She noted this complex would be built on what currently is a very large open area, and the proposal provides very little space for Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 13 children to play. She stated she would propose the RA-1 instead of the RA-2 and asked that considerable attention be paid to the quality of the design. She presented photographs of other projects to the board. Lorraine Reid, 705 Demarco Rd — stated she and her husband own the home at 2256 Canvasback Ct. She has reviewed the project and canvassed the neighborhood numerous times and everyone she has talked to is upset. They are hoping that the project will be mitigated in a way that the neighborhood could live with. She submitted photographs to the board. Mike Morgan, 265 W Front St, Missoula, stated that he is the architect representing the applicant. He began by thanking the board, staff and neighbors for all their help thus far and assured them they have listened closely and have made adjustments to their proposed design as a result. They feel this property is a perfect transitional location from single family to urban residential. Their goal is to meet the city's growth policy goals and create a better living environment for everybody. They have reviewed the current design of the proposal and are taking every measure to mitigate impacts. They have adequate parking so there is minimal parking on the street, good open space for people to gather outside and are preserving most of the landscaping. Graham asked if the metal siding was going to be used as more of an accent cover and Morgan said yes. Morgan added the metal is nothing like the metal used on the project in NW Kalispell. Mary Kate Smith, 2209 Teal Dr — expressed concern with the RA- 2 and future plans as far as commercial business. She does not feel it would be a good fit for the neighborhood. Gordon Parsons, 2347 Coot Ct — stated he is concerned with the potential loss of privacy of the existing residences with a 3 story building as opposed to a 2 story building. Gary Grace, 2002 Airport Rd — has lived on the north corner of Teal and Airport Rd for 43 years. He feels a 2 story building rather than a 3 story building, with some trees along the proposed berm, would help mitigate the view. Barb Gallagher, 2245 Canvasback Ct — stated she feels an 82 unit building would not be best for the integrity of the neighborhood and hopes that the developer will try to work with them on the density. Kimberly Milliron, 2312 Coot Ct — stated that they built their home in 2003. She feels a 2 story building instead of a 3 story building would provide more green space for children to play. Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 14 Phyllis Lucht, 2351 Coot Ct — stated she was a part of the Sweat Equity Program (Self Help) 13 years ago to help her get out of renting and into her own home. She bought this particular lot for the views of the mountains and now feels it's unfair that the views are going to be given to renters. Mike Morgan, representing applicant — stated what they are proposing is what the residences can count on. There will be no commercial use whatsoever. Their main concern is for the current needs as well as the future needs of the community; however the density must meet certain criteria in order for it to sustain itself and succeed. Garth Schuscke, 2245 Canvasback Court — stated he is concerned that this project is being forced upon the existing residences; they are not new homeowners buying property in a neighborhood where an apartment complex already exists and know what they are getting into. He feels that as existing residences they don't know what to expect if this project is approved. Valerie Stewart, 2194 Golden Eye Ct — stated that she is concerned with the density as well as the building being 3 stories as opposed to 2 stories and there not being enough open space. MOTION Skees moved and Young seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA- 16-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be RA-2 (Residential Apartment/Office). BOARD DISCUSSION Graham stated he is concerned whether the RA-2 is the right fit, he feels an RA-1 is more suitable for the area and with a PUD attached it would give the developer more flexibility but would also decrease the density. Nygren agreed. Graham went on to say that it would resolve the concerns of any commercial use that is attached with an RA-2 as well. Young agreed that the RA-1 zoning would be appropriate, whether they choose to do a PUD or not. Nygren stated the board could then amend the motion to apply an RA-1 zone on the property based on public comment and give the applicant the option of applying for an RA-1 PUD. Young asked if the alternative was to deny the RA-2 and let the applicant decide how they would like to proceed. Jentz advised that yes that is an option and stated that an RA-1 would require that the CUP be tabled. Graham then asked the applicant if they were open to an RA-1 Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 15 zoning with this project. Dr. Weber said they would be, however it would require they go back to the drawing board and drastically change the design. MOTION -AMENDMENT Young moved and Kauffman seconded a motion to amend the zoning from RA-2 to RA-1. ROLL CALL - AMENDMENT The motion passed unanimously on a roll call vote. ROLL CALL ORIGINAL The original motion, as amended, passed unanimously on a roll MOTION call vote. MOTION TO TABLE THE Graham moved and Yerkes seconded a motion to table the CONDITIONAL USE PERMIT conditional use permit until the December 13, 2016 meeting. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Board member Lorch returned to his seat. OLD BUSINESS None. NEW BUSINESS Nygren mentioned the next meeting will include a subdivision in the Ashley Park area. He added it was previously Ashley Park phase 9, located on Pintail adjacent to the bypass. There will also be the annexation for the School District No. 5, located on Airport Road and a work session to discuss the next round of zone changes to the B-3 Core area zone. ADJOURNMENT The meeting was adjourned at approximately 7:30 p.m. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on Tuesday, December 13, 2016 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1" Avenue East. Chad Graham President APPROVED as submitted/amended / /2016 Kari Hernandez Recording Secretary Kalispell City Planning Board Minutes of the meeting of November 9, 2016 Page 16 CITY OF KALISPELL PLANNING DEPARTMENT REQUEST FOR ZONE CHANGE FROM B-2 AND B-4 TO B-3 STAFF REPORT #KZC-16-03 KALISPELL PLANNING DEPARTMENT October 13, 2016 The following is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to change the zoning district on 72 lots from B-2 (General Business) to B-3 (Core Area Business) and 10 lots from B-4 (Central Business) to B-3 (Core Area Business). A public hearing has been scheduled before the Kalispell City Planning Board for November 9, 2016 beginning at 6:00 PM, to consider the zone change request. The Planning Board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION The City of Kalispell Planning Department is requesting that the properties generally bounded by U.S. 2 to the north, U.S. 93 to the west, Center Street to the south and 3rd Avenue East North to the east be rezoned from B-2 and B-4 to B-3. The B-3 Zoning District was created specifically for properties within the Core Area Plan Boundary and the subject properties are located within the heart of that area. Rezoning of the subject properties from B-2 and B-4 to B-3 reflects the goals and policies of the Core Area Plan. The Core Area Plan contains the following policies in support of the B-3 Zoning of the subject properties: 1. Zoning within the Core Area should accommodate a mix of residential and commercial uses. 2. Update existing zoning regulations to encourage land uses set out in the Core Area Plan. 3. Review existing zoning district patterns to ensure the zoning districts are consistent with the Core Area Plan and rezone areas where there is conflict. Staff notified all of the affected property owners within the proposed rezone area via letter in August and also held an open house on September 13, 2016. The letter and open house were intended to provide information regarding the process of a rezone and how a rezone to B-3 would affect the use of their property. To date, there have been no objections from any of the property owners within the area proposed to be rezoned. A. Petitioner / Owner: City of Kalispell Planning Department P.O. Box 1997 Kalispell, MT 59903 1 B. Location and Legal Description of Property: The properties are general bounded by U.S. Hwy 2 to the north, U.S. Hwy 93 to the west, Center Street to the south and 3rd Avenue East North to the east. The area described would not include the half block (Moose's property) located at the southeast corner of U.S. 2 and U.S. 93, as that half block has already been rezoned B-3. The proposed zone change can be more specifically described as an area bounded on the north by the center line of US Highway 2 (Idaho Street), on the west by US Highway 93 (Main Street), on the south by the center line of Center Street and on the East by the center line of 3rd Avenue East North, excluding lots 13-20 of Block 16, Kalispell Original Townsite all located within Section 7, Township 28N, Range 21W, PMM, Flathead County, Montana. C. Existing Land Use and Zoning: The existing land uses within the subject rezoning area consist of a multitude of commercial business uses and a multi -family building. As mentioned previously, the subject properties are located within the B-2 and B-4 Zoning Districts. The Kalispell Zoning Ordinance describes the intent of the B-2 Zoning District as: "A district which provides for a variety of sales and service establishments to serve both residents of the area and the traveling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would be typically found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use Map." The Kalispell Zoning Ordinance describes the intent of the B-4 Zoning District as: "A business district intended to set apart that portion of the city which forms the center for financial, commercial, governmental, professional and cultural activities. This district is not intended for general application throughout the planning area. This zoning district would typically be found in areas designated as commercial on the Kalispell Growth Policy Future Land Use Map". D. Proposed Zoning: The proposed zoning district for the subject properties is B-3, Core Area Business. The Kalispell Zoning Ordinance describes the intent of the B-3 Zoning District as: "A district which is intended to provide a variety of both commercial and residential uses. Commercial uses would typically include a mix of retail, office, restaurant, and other similar uses. This zone is based primarily on the core area plan adopted by the city for the area along the railroad corridor and is intended to further the goals and policies in that plan." E. Size: The area to be rezoned is approximately 30 acres, including the adjacent right-of-way. W F. Adjacent Land Uses and Zoning: North: B-2, U.S. Hwy 2 and commercial East: B-4 and I-1, commercial South: B-4, commercial West: B-4 and B-5, U.S. Hwy 93 and commercial G. General Land Use Character: The general land use character of this area can be described as commercial. Commercial uses in the vicinity include retail, restaurant and office with some multi -family residential. H. Utilities and Public Services: The area to be rezoned is served by city water and sewer and by city streets. Sewer: City sewer Water: City water Refuse: City collection services Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: School District #5, Kalispell Fire: Kalispell Fire Department Police: Kalispell Police Department I. Public Comment: No public comment has been received at this time. All of the property owners within the area to be rezoned were notified. As part of the notification staff also held an open house for the owners to discuss how the rezone would affect their property. EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the amendment request in accordance with state and local regulations. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 76-2-303 M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. 1. Is the zoninz re-ulation made in accordance with the growth policy? The proposal is consistent with the goals and policies of the growth policy. The growth policy encourages development and redevelopment in the target development areas (Core Area). Additionally, Chapter 4 of the Core Area Plan laid out the following "first steps" for implementing the Core Area Plan: 13. Develop zoning tools that will enable the Core Area to accommodate a mix of land uses and achieve the Core Area Vision. 3 a) Develop new zoning tools and creative approaches to enable property owners to achieve the Core Area vision. 2. Does the zoning regulation consider the effect on motorized and non - motorized transportation systems? The zone change would have a minimal effect on transportation systems since the proposed zoning district is designed to be a live/work environment and of urban scale where supplemental modes of transportation would be used. Additionally, any development or redevelopment is reviewed by the city's site review committee to ensure any impacts to the transportation system are adequately addressed. 3. Is the zoning regulation designed to secure safety from fire and other dangers? Adequate access and public facilities are available to the properties in the case of an emergency. There are no features related to the properties which would compromise the safety of the public. All municipal services including police and fire protection, water and sewer service are available to the area. 4. Is the zoning regulation designed to promote public health, public safety, and the Qeneral welfare? As with safety from fire and other dangers, the general health, safety, and welfare of the public will be promoted through general city regulations designed to regulate allowable uses when the property is developed or remodeled. The standards and uses within the B-3 Zoning District are the most appropriate for properties within the Core Area and intended to further the goals and policies of the Core Area Plan. 5. Does the zoning regulation consider the reasonable provision of adequate light and air? The B-3 Zoning District provides for development standards similar to Main Street. The proposed standards are consistent with an urban environment and provide the most efficient use of space in an area with existing infrastructure. There are also additional standards provided for within the zoning ordinance that will assure development, provide for parks, landscaping, parking, etc. that provide reasonable provisions of adequate light and air. 6. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The proposed amendment would have minimal impact on those services. Any development or redevelopment is reviewed by the city's site review E committee to ensure any impacts to the public infrastructure are adequately addressed. 7. Does the zoning regulation consider the character of the district and its peculiar suitability for particular uses? Rezoning the properties to B-3 reflects the vision created by the Core Area Plan. As it stands, the current B-2 Zoning requires a 15' front yard setback which is contrary to the Core Area Plan. A rezoning of the properties to B-3 allows any redevelopment of the subject properties to maintain and enhance the current built environment as envisioned by the Core Area Plan. 8. Does the zoning regulation consider conserving the value of buildings? The value of buildings within the rezoned area will be enhanced by the B- 3 Zoning District, which provides for increased development opportunities. The B-3 Zone is a more inclusive zone that provides for uses and standards the current B-3 and B-4 Zones does not; such as, reduced parking, increased height, reduced setbacks and multi -family uses. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality? 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 only areas of the municipality that will be affected by the proposed B-3 Zoning District at this time are the subject properties. The B-3 Zoning District provides for the most appropriate zoning and provides the tools necessary to implement the goals and policies of the Core Area Plan. RECOMMENDATION It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC 16-03 as findings of fact and recommend to the Kalispell City Council that the areas zoned B-2 (General Business) and B-4 (Central Business) be rezoned to B-3 (Core Area Business). k, AL Partial Core Area Boundary Mailing List NORTH 75 Sub'ect Property ® 1 P Y �a� 1 _ .� y •! 11—��:-:--• _ :mil --., .. ... - = .. �.��v �. " .-..-� t � � " ' rr . - a • �� .fir _� r �� �i .. Z. 12 yWEr ° • � �� ,may i�.�. _ y�.� - ,��� yr• K �1�4. .-'s '• ���� �� � Ar 1. " % ? • - ' • Dept. Date: Aug 1 1 .1 11 File Path: 1 • 1 1