01/08/99 Sorensen/Daley FieldMEMORANDUM
TO: GLEN NEIER
FROM: PJ SORENSEN, ZONING ADMINISTRATOR
DATE: JANUARY 8, 1999
RE: DALEY FIELD
As you are aware, the City has subdivided Daley Field into three lots running north to
south between the airport and the highway. Lot 2 (middle) has already been sold. Lot 1 (north
end) and Lot 3 (south end) are still owned by the City, but the City intends to sell both of the lots.
A question has arisen as to the effect of the Kalispell City Airport Neighborhood Plan on the
eventual use of Lot 1.
Section 27.22.120 of the Kalispell Zoning Ordinance states:
In the event that a "Neighborhood Plan" has been adopted as an addendum to the
Kalispell City -County Master Plan, the provisions of the Neighborhood Plan shall
serve as a specific guide to future land use regulations for the area subject to the
"Plan." The Neighborhood Plan may limit or otherwise establish more restrictive
land use regulations than set forth by the zoning classification of this ordinance, in
which case the more restrictive provisions of the Plan shall control.
The Airport Neighborhood Plan was adopted as an amendment to the Kalispell City -
County Master Plan by the City Council on September 19, 1994 (Resolution No. 4180), and by
the County Board of Commissioners on January 30, 1995 (Resolution No. 1060A). Among other
things, the Airport Neighborhood Plan includes a map, attached hereto as Exhibit "A," which
designates a significant portion, if not all of, Lot 1 as Airport Commercial Fixed Base Operator.
Section 27.22.120 contemplates two very different impacts of a Neighborhood Plan as it
relates to zoning. Under the first part of the section, a Neighborhood Plan is a "specific guide to
future land use regulation." It would thus relate in that respect to zoning as a master plan (the
Neighborhood Plan is an amendment to the Kalispell City -County Master Plan) does in general: as
an advisory document which must be substantially adhered to when zoning. E.-& Little v. Board
of County Commissioners of Flathead County, 631 P.2d 1282 (Mont. 1981). Under the second
part, a Neighborhood Plan may "limit or establish more restrictive land use regulations" than
contained in the zoning ordinance and the more restrictive provision would then control.
The question then becomes focused on whether the designation in the Airport
Neighborhood Plan falls under the first part or second part of that section. If the Plan's
provisions are designed to be a plan or strategy for future action, whether short-term or long-
term, the first part of Section 27.22.120 would apply. If, on the other hand, the Plan's provisions
are designed and intended to immediately apply to the use of land in the affected area, the
provisions, if more restrictive, will control present land use.
In my opinion, the designation of a portion of Daley Field as "Airport Commercial FBO"
falls under the first part of Section 27.22.120, making the designation an advisory provision which
must be substantially adhered to when zoning. My opinion is based upon a review of the
Neighborhood Plan. I found a number of references to both the Daley Field property and the
specific designation. Pages 23 - 27 of the Plan, as well as the Plan's Exhibit 7, are referenced
herein and attached hereto as Exhibit "B."
First, on page 23, Daley Field is specifically addressed. There is no provision as to
specific future land use, but the Plan does state "Design standards could be enforced to provide
opportunities for certain retail or airport -related uses. Refer to Exhibit 7 of (sic) an example of
how the 18+ acre tract could develop under private ownership." Exhibit 7 contains no such
detail, but Exhibit 8 of the Plan (attached hereto as Exhibit "A") does relate to specific types of
commercial use (tourist, airport FBO, office, and general) in the Plan area.
Pages 24 - 27 contain goals and strategies for the Plan area under the caption of
"Proposed Plan." After stating that the plan "represents a strategy," Exhibit 8 of the Plan is
referenced as "an integral element of the plan and should be consulted when any goal or strategy
statements reference locations." The terms "plan," "goal," and "strategy" all indicate that the Plan
provisions were intended to serve as a guide for future planning and not immediately apply as land
use regulations.
The goals and strategies in the Plan include (1) establishing a single designated area for
FBOs (page 25); (2) the release of city -owned properties along the highway for sale (page 26 -
27); and (3) the application of an office -type zoning classification with design -based covenants to
the city -owned properties adjoining the highway (page 27). It should be noted that the strategy
for the release of the city owned properties specifies that "Permitted uses within this area shall be
regulated by zoning and covenants." The Plan itself does not purport to specifically regulate the
properties. Instead, it refers to the use of zoning and covenants as the regulatory instruments.
Thus, the Plan does not regulate the use of Daley Field through Section 27.22.120 of the
Kalispell Zoning Ordinance. As the Zoning Administrator, my treatment of the use of all three
lots must be governed by the zoning ordinance rather than the Airport Neighborhood Plan.
Although not directly regulating the property, the plan must be substantially complied with
whenever the City engages in zoning in the same manner that the City must substantially comply
with the Master Plan when engaged in zoning. When the original Daley Field zone change took
place in April of 1995 (see Ordinance No. 1219, attached hereto as Exhibit "C"), the
Neighborhood Plan was taken into consideration when the bulk of the lots were zoned B-2. An
area shown as both airport commercial FBO and office commercial on the map attached to the
Ordinance as its Exhibit "A" (Exhibit 8 of the Airport Neighborhood Plan and Exhibit "A" of this
memorandum) were zoned as B-2. Both FRDO and the City Council found the B-2 (general
business) zoning designation of the lots to be in substantial compliance with the Plan. That
finding could be important in the present re -zoning of the west 80 feet of the lots which are
airport commercial FBO and office commercial under the Airport Neighborhood Plan.
The city has expended approximately $10,000 to improve the fields.
The Association participated with much of the costs associated with
the fencing, bleachers, and irrigation. Additional improvements
anticipated by the Association include rest room facilities,
concession stand, parking, and a storage facility. The Association
has a 20 year lease from the City.
This assemblage of people is a particular concern to the airport
users. The use of the soccer fields tends to correspond to the
busy season of the airport when itinerant aircraft are more common,
Visiting pilots are less familiar with the airport and are mor(
likely to error in approaches and takeoffs than home -based pilots.
The safety of the children in close proximity to an airfield is'a
recognized concern. An _alternative location for soccer fields has
not been identified.
DALEY BALL FIELDS: These ball fields are situated on _-18_6 acres
of city property along U.S. 93, south of the National Guard Armory
and consist of 1 pee wee and 5 junior softball fields. The pee wee
field is used by the Kalispell Pee Wee Baseball, Inc., which is a
32 team, 500 child organization. The other 5 fields are used by
the Kalispell Youth Softball Association.
The fields have not been built fto comply with any standard
construction design. City maintenance is minimal. The close prox-
imity to the Highway and airfield is a recognized safety concern,
especially relative to vehicular and pedestrian safety and public
assemblage near landing fields.
The Pee Wee association is seeking to develop a 40-acre site off of
Cemetery Road to create a single ball field complex. The subject
property is city -owned and may offer some opportunities for other
forms of summer recreation.
The highway frontage of the existing fields offers other excellent
land use alternatives that may be less of a safety risk than the
current uses. Design standards could be enforced to provide
opportunities for certain retail or airport -related uses. Refer to
Exhibit 7 of an example of how the 18+ acre tract could develop
under private ownership.
ADJOINING PRIVATE PARCELS: The private properties that abut the
city airfield or nearby properties that utilize the services of the
airport should be regulated to ensure airport -compatibility. This
can be accomplished with zoning and subdivision review. This
regulation does not necessarily translate to lost value since the
zoning may actually stimulate a higher and better use for the
property.
KALISPELL CITY AIRPORT NEIGHBORHOOD PLAN 23
CHAPrrER - 6
PROPOSED PLAN
The proposed plan represents a strategy that will improve airport
operation and safety while enhancing opportunities for increased
(private] investment and development in the area. This chapter
identifies the land use goals and strategies for the airport
influence area. The Land Use Map (Exhibit 8) is an integral
element of the plan and should be consulted when any goal or
strategy statements reference "locations".
GOAL
TO MINIMIZE HAZARDS TO NAVIGATION
STRATEGIES
Seek compliance towards FAA airport design standards for a BZ
category airport.
♦Maintain a 60 foot wide paved runway with less than 2% slope
deviation.
♦Extend the runway in a southerly direction to obtain a
desired runway length of at least 4300 to 4700 feet.
♦Extend a single parallel taxiway to match the entire length
of the extended runway.
♦Increase taxiway width to a minimum of 24 feet.
♦Provide for a minimum centerline to centerline separation
distance of 150 feet between the runway and parallel taxiways.
*Attempt to remove all objects within the Runway Protection
Zones and maintain those zones under public ownership.
♦Identify and remove all objects identified as hazards within
the .(Bl) Runway Threshold Surface, Runway Object Free Area,
Horizontal Surface, Conical Surface, and Transitional Surface.
♦Maintain runway and taxiway safety areas per FAA guidelines.
♦Attempt to "strobe" the KGEZ radio towers.
♦Restrict helicopter use of the airport pending development of
helicopter navigational surfaces. Said surfaces must be found
to be compatible with the B1 surfaces and not contribute to
the imposition of any additional "clear" zones on private
property.
Improve approach conditions to the runway.
♦Install a PAPI navigational system on runway 13.
*Attempt to accommodate a more southerly displaced threshold
for Runway 13.
*Install a new runway and taxiway lighting system.
KALISPELL CITY AIRPORT NEIGHBORHOOD PLAN 24
♦Eliminate the private road that crosses the runway protection
zone of runway 31.
*Provide an improved overrun area near the threshold of runway
31.
Regulate uncontrolled access onto the airport taxiway and runway.
*Access of airplanes from individual private lots that front
along the runway or taxiways should be restricted to shared or
common points of access.
♦Individual airport user agreements shall be required for all
pilots that access the airport from private lots/tracts.
Install a fence around the identified airport perimeter.
♦The fence shall restrict general access to the airport by
limiting gated openings to the area of the FBOs and, leased
airport properties.
♦The primary purpose of the fence is to prevent unwanted
vehicular traffic and to provide additional security to
aircraft and associated facilities.
Establish a half-time to full-time Airport Manager.
*The manager should be an experienced aviator or professional
airport manager who can manage the day-to-day operations of
the airport.
*The manager should maintain an office at the airport, either
in a stand-alone facility or within a FBO building.
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Establish a single designated area for FBos.
*The central focus and primary public entrance to the airport
shall be the designated FBO area.
*No more than 2 FBOs shall operate at the airport.
+FBO status for existing operators outside the designated FBO
area shall terminate with the expiration of existing leases.
*The designated FBO area may also include building facilities
for the airport manager.
*The primary tie -down location for itinerant aircraft shall be
within the designated FBO area.
♦Paved apron improvements, including areas for tie -downs and
taxilanes, shall receive priority within the FBO area.
iA transient apron for = 20 airplanes should be
established in the FBO area.
KALISPELL CITY AIRPORT NEIGHBORHOOD PLAN 25
$A ratio of approximately 360 sq yrds per airplane is a
general rule for the sizing of a transient apron.
®A tie -down apron for FBO-owned airplanes should expect
an apron need of 300 sq yrds per airplane.
*An area for paved public parking shall be established in the
FBO area.
+The FBO facilities shall be encouraged to offer public
information services, rest rooms, and dining opportunities.
Establish a designated area on city property for airport -related
leasing opportunities.
*The city lease area shall be reserved for private aircraft
hangars, tie -downs, and general aviation service and
maintenance facilities.
*FBO-type facilities shall not be permitted in this lease
area.
*All facilities shall adhere to strict development standards
and adhere to all required taxilane obstacle free widths and
wing -tip separation standards.
Maintain a defined building restriction line for all structures
adjacent to the airport facilities.
*The BRL shall be established at a distance .of 195 feet from
the centerline of the runway and continue beyond the runway
threshold to a point of intersection with the perimeter of the
runway protection zone.
*All new uses shall adhere to the BRL and height limitations
of the Transitional Surface. .
*Existing structures that protrude beyond the BRL or into the
Transitional Surface shall be grandfathered but any additions
to those structures shall conform to the established
standards.
GOAL
r1 • IJi • •• •Un U "�ON 5i'
STRATEGIES
Identify city -owned properties in the area of the existing airport
that are not airport -dependent.
*Certain highway frontage properties should be released for
sale by the city.
All identified properties shall be subject to strict
performance standards that emphasize landscaping,
substantial setbacks, and a common architectural
treatment.
KALISPELL CITY AIRPORT NEIGHBORHOOD PLAN 26
•Driveway access to individual lots shall be from a
single linear road system that extends parallel to the
highway, along the rear of the properties. The frontage
road shall include connecting approaches off the highway
at the most extreme north and south boundaries of the
"parent" parcel.
•Permitted uses within this area shall be regulated by
zoning and covenants. Encouraged uses shall include
professional office buildings and restaurants.
♦Property in the area of the sewage treatment facility should
be released for sale by the city.
®General access to this area shall be limited to the
existing public road that currently serves the STP
facility.
Vermitted uses in this area should include warehouse and
other similar light industrial uses.
STRATEGIES
Apply zoning regulations to establish the type, location, and size
of permitted uses within the airport influence area.
♦Adopt airport zoning regulations [as an overlay zone] to
enforce the height limitations of the imaginary obstruction
surfaces as authorized by 67-6-201, MCA.
•The airport influence area extends beyond the city
limits so coordination between city and county zoning
authorities will be necessary to achieve this objective.
*Adopt a separate "airport" zoning classification for the city
and county zoning ordinances that identifies acceptable land
uses within or adjacent to airports.
iApply this classification to private properties situated
adjacent to or within the designated boundaries of the
Kalispell airport and to those properties influenced by
the proposed Transitional or Threshold surfaces or by the
Runway Protection Zone.
*Apply an office -type zoning classification with design -based
covenants to the city -owned properties adjoining the Highway.
*Apply a Public zoning classification to the city -owned
properties within the designated boundaries of the airport.
*Apply a Light Industrial classification with "use -
restrictive" covenants to the city -owned properties in the
vicinity of the Sewage Treatment facility.
♦Retain the current city and county zoning classifications for
those properties lying easterly of U.S. Highway 93 and that
portion of Airport Road lying south of 18th Street.
KALISPELL CITY AIRPORT NEIGHBORHOOD PLAN 27
-KALISPELL CITY ': RPORT-
NRIGHBORHOOD PLAN
a
ORDINANCE NO. 1219
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING THE
TRACTS OF LAND INCLUDED IN EXHIBIT "A" ATTACHED HERETO AND THEREBY
MADE A PART HEREOF, (CHANGE "A", PREVIOUSLY ZONED PUBLIC, P-1, TO
GENERAL BUSINESS, B-2; AND CHANGE "B", PREVIOUSLY ZONED PUBLIC, P-
1, TO LIGHT INDUSTRIAL, I-1; IN ACCORDANCE WITH THE KALISPELL CITY -
COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the tracts of land included in Exhibit "A" attached
hereto and thereby made a part hereof, are tracts of land located
on or in the area of the Municipal Airport, more specifically as
follows:
Change "A" is located generally south of the National
Guard Armory on the west side of US Highway 93;
Change "B" is generally located north of the sewage
treatment plant access road on the east side of Airport
Road; and
WHEREAS, the City of Kalispell, pursuant to Section 27.30.010,
Kalispell Zoning Ordinance requested that the zoning classification
of said tracts of land be changed as follows:
Change "A" from Public, P-1, to General Business, B-2;
Change "B" from, Public, P-1, to Light Industrial, I-1; and
WHEREAS, said tracts of land are primarily used as follows:
Change "A" contains ball fields;
Change "B" contains airport uses, forest service offices,
and other non-residential uses; and
WHEREAS, the request of the City of Kalispell was the subject
of a report compiled by the Flathead Regional Development Office,
#KZC-95-01, February 5, 1995, in which the Flathead Regional
Development Office evaluated the request and recommended that said
tracts of land be rezoned as follows: Change "A" General
Business, B-2; and Change "B" Light Industrial, I-1; as requested
by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission held a public hearing after due and proper notice, on
February 14, 1995, and considered all of the facts relevant to the
zone change request, including the FRDO report and public input,
and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report recommending that said tracts of land be
zoned as follows:
Change "A" General Business, B-2; Change "B" Light
Industrial, I-1; and
WHEREAS, after considering FRDO Report #KZC-95-01 and the
report the Kalispell City -County Planning Board and Zoning
Commission submitted on the proposal to zone said tracts of land as
follows: Change "A" General Business, B-2; and Change "B" Light
Industrial, I-1; the City Council of the City of Kalispell makes
the following based upon the criterion set forth in Section 76-2-
304, MCA, and State etc. v. Board of County Commissioners, etc.,
590 P2d 602:
Does the Requested Zone Comply with the Master Plan?
The subject property is within the jurisdiction of the
Kalispell City -County Master Plan and Airport Neighborhood
Plan. According to the master plan, change "A" is designated
for commercial use, change "B" is designated for light
industrial, and change "C" is designated as the "Airport
Protection Zone". Therefore, the proposed zoning
classifications are in conformance with the Master Plan.
Will the Requested Zone Secure Safety from Fire. Panic and
Other Dangers?
Development within the requested zones are subject to certain
standards including maximum building height and the provision
of off-street parking. Further, any development of the
property is subject to review by the City's Site Plan Review
Committee, and requires the issuance of City building,
plumbing, and mechanical permits. These requirements and
review processes help ensure that development of the property
subsequent to the zone change is done in a safe manner. In
addition, the zones are anticipated in this general location
as stated in the master plan.
Will the Requested Change Promote the Health and General
Welfare?
The general purpose of the City's zoning ordinance is to
promote the general health and welfare and does so by
implementing the City/County Master Plan. The Master Plan
supports the requested zone changes. The changes would not
intrude on the health or general welfare of this particular
neighborhood. The surrounding uses are compatible with the
proposed zoning classification and are anticipated under the
Master Plan.
2
Will the Requested Zone Provide for Adequate Liqht and Air?
The landscape, open space, building setbacks, parking, etc.
requirements of the zoning ordinance should ensure that light
and air are adequately provided.
Will the Requested Zone Change Prevent the Overcrowding of
Land?
Overcrowding of land can occur when development out -paces or
exceeds the environmental or service limitations of the
property. Adequate infrastructure is in place to accommodate
the land uses allowed in the requested zone.
Will the Requested Zone Avoid Undue Concentration of People?
Concentration of people is a function of land use. Re-
development will certainly occur on this site if the zone
changes are approved. The uses associated with the new zoning
designations anticipate a certain concentration of people and
should not create an undue hardship on the neighborhood.
Will the Requested Zone Facilitate the Adequate Provision of
Transportation, Water, Sewer, Schools, Parks and Other Public
Requirements?
The additional demands for transportation, water or sewer
collection will be evaluated pursuant to individual
development proposals. Because the zoning, both existing and
proposed, is nonresidential, schools and parks should not be
impacted.
Does the Requested Zone Give Consideration to the Particular
Suitability of the Property for Particular Uses?
The use that currently occupies site "C" is not appropriate
for the end of an airport runway and the intensity of the
possible uses allowed in the B-2 zone are also not conducive
to development at the end of the runway. The Runway
Protection Zone would only allow the least intensive uses to
avoid conflicts between overflights and the uses contained
thereunder. The Master Plan indicates the RPZ "...is to
enhance the protection of people and property on the ground.
...This zone should be clear of all objects...".
The requested zones and respective uses are well suited for
the areas contained under the request.
3
Does the Requested Zoning Give Reasonable Consideration to the
Character of this District?
The property under consideration in this proposal fits the
character of the neighborhood. The existing adjoining and
surrounding neighborhood is comprised of a variety of
commercial, recreational, industrial and residential uses and
should acquainted with the impacts of those types of uses.
The requested zone change is not out of character with the
surrounding city scape.
Would the Proposed Zoning Conserve the Value of the Buildings?
The existing buildings located on the properties are permitted
to continue as to their existing uses. Therefore, the value
of the buildings should not be impacted in either case.
Will the Requested Zone Change Encourage the Most Appropriate
Use of the Land Throughout the Jurisdiction?
The requested zoning classification is consistent with the
Kalispell City -County Master Plan. The Plan specifically
identifies this area for airport uses. The jurisdiction
consists of recreational, residential, commercial and
industrial uses.. The proposed zone change would be the most
appropriate use of the land.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance
#1175) is hereby amended by designating said
tracts of land as follows:
Change "A" General Business, B-2;
Change "B" Light Industrial, I-1.
SECTION II. 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 III. This Ordinance shall be effective thirty (30)
days from and after the date of its final
passage and approval by the Mayor.
4
PASSED AND APPROVED BY THE CITY COUNCIL AND' MAYOR OF THE CITY OF
KALISPELL, THIS 3rd DAY OF April , 1995.
ATTEST:
Debbie Gif CMC
Clerk of C uncil
5
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DouglwfJD. -
, Mayor
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