Ordinance 1219 - Zoning - AirportORDINANCE 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:
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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.
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355
Will the -Requested Zone Provide for_AdequateLight 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.
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356
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.
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PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL, THIS 3rd DAY OF A ril , 1995.
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Dougla D. Rauthe, Mayor
ATTEST:
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Debbie Gifxgw CM
Clerk of CZFuncil
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