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4. Ordinance 1219 - Airport Zone Change - 1st ReadingORDINANCE 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 Corfmiission issued a report recommending that said tracts of land be zoned as follows: 1 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-l; 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 Chancre 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 DAY OF , 1995. ATTEST: Debbie Gifford, CMC Clerk of Council 5 Douglas D. Rauthe, Mayor Flathead ecFionai Development Office tt 723 5th Avenue East - Room 414 Kalispell, Montana 59901 February 23, 1995 Bruce Williams, City Manager City of Kalispell P.Q. Drawer 1997 Kalispell, MT 59903 Re: City of Kalispell Zone Change - (Municipal Airport) Dear Bruce: Change "A" from P-1 Change "B" from P-1 Change "C" from B-2 Phone: (406) 758-5780 Fax: (406) 758-5781 to B-2; to I-1; to P-1 The Kalispell City -County Planning Board, acting as the Zoning Commission, met on February 14, 1995, and held a public hearing on the following agenda item: Requests by the City of Kalispell for changes in zone from P-1 to B-2 (Change "A"), from P-1 to I-1 (Change "B"), and from B-2 to P-1 (Change "C"). The P-1 to B-2 (Change "A") property is 12.5 acres located on the west side of US Highway 93 south of the National Guard Armory and is known as Parcel 6 of COS 11395 in the NW4 of Section 20, T28N, R21W. Access would be from US Highway 93. The P-1 to I-1 (Change "B") is approximately 40 acres, located on the east side of Airport Road from approximately 300 feet south of 18th Street West to Treatment Plant Road, and is known as parts of Parcel 1 and Parcel 4 of COS 11395, and COS 5041, and Assessor Tracts 3AB and 3AA in the NW4 of Section 20, T28N, R21W. Access would be from Airport Road and Treatment Plant Road. The B-2 to P-1 properties are located on the northeast and northwest corners of Airport Road and 18th Street West and are known as Assessor Tracts 5, 5- 25, 5-25C and 5-31 in Section 17, T28N, R21W, and Parcel C of COS 11395 in Section 18, T28N, R21W. Development of the properties would utilize City services. Report #KZC-95-01 was presented by John Parsons of the Flathead Regional Development Office. The requests were evaluated in accordance with the statutory criteria for zone changes. Based on the evaluation, staff recommended granting approval of the requested zone changes. No one spoke in favor of the zone change requests. One person spoke in opposition to the request for the zone change from B-2 to P-1, stating that it was an attempt by the City to take property without a change of ownership, and rendering his property, which is zoned for business uses, less valuable, by zoning it for public use. He was very much opposed to the rezone. He also spoke for his neighbor, whose property is zoned B-2, as well, and is included in this rezone to P-1. The Zoning Commission discussed at length the public testimony regarding the "takings" issue. Several Board members argued that the P-1 zoning of the property was premature to the acquisition of the same. A motion was made to adopt the findings of fact in report #KZC-95-01 and recommend granting the zone Providing Community Planning Assistance To: * Flathead County * City of Columbia Falls * City of Kalispell * City of Whif fish Bruce Williams, City Manager Re: Kalispell Zone Change (Municipal Airport) February 23, 1995 Page 2 change requests "A" (P-1 to B-2) and "B" (P-1 to I-1). The vote was 9-0 in favor of the motion. A second motion to amend the findings of fact in FRDO Report #KZC-95-01, and forward a negative recommendation to City Council to deny the zone change request from B-2 to P-1 passed on a 6-3 vote. As a Board, we support and have supported the Airport Neighborhood Plan, including the Runway Protection Zone, and encourage resolution of this conflict. The amended findings are as follows: Would the Proposed Zoning Conserve the Value of the Buildings? It is inappropriate to zone as a public zone land which is not in public ownership. Although the existing buildings located on the properties are permitted to continue as to their existing uses, the value of the land and the buildings would have significant negative impact until the property is in public ownership. As a Board, we support and have supported the Airport Neighborhood Plan, including the Runway Protection Zone, and encourage resolution of this conflict. This recommendation is forwarded to your Board for final action on the petition for a zone change. Council needs to wait for the minutes of the Planning Board meeting prior to final action on this case. However, this does not preclude discussion at Council workshop. If you have any questions, please contact this Commission or the FRDO. Respectfully submitted, KALISPELL CITY-COUNTY � PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JJP/eo Attachments: FRDO Report #KZC-95-01 Application Materials F:\FRDO\TRANSMIT\KALISPEL\KZC95-Ol.P-1 CITY ZONE CHANGE REQUEST CITY OF KALISPELL FROO STAFF REPORT #KZC-95-01 The City of Kalispell has initiated an amendment to the official Zoning Map of the City of Kalispell. The City is requesting three changes to zones on and in the area of the Municipal Airport. They are: Change "A" from P-1 to B-2 Change "B" from P-1 to 1-1 Change "C" from B-2 to P-1 The zone change request is subject to a public hearing before the Kalispell City -County Planning Board and Zoning Commission on February 14,1995. A recommendation from that body will be forwarded to the Kalispell City Council for final action. •ays The intent of the P-1, B-2, and 1-1 zoning classifications are defined by the Kalispell Zoning ordinance as: P-1 A public district to provide and reserve areas for public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public and general welfare. Such public uses r.. would include schools, public buildings, parks, and open spaces, etc. l B-2 A business district to provide areas for those retail sales and service functions and businesses whose operations are typically characterized by outdoor display, storage and/or sale of merchandise, by major repair of motor vehicles, and by outdoor commercial amusement and recreational activities. This district would also serve the general needs of the tourist and traveler. 1-1 An industrial district to provide areas for those light industrial uses that typically do not create objectionable characteristics (such as dirt, noise, glare, heat, odor, smoke, etc.) which extend beyond the lot lines. Such light industrial uses would include light manufacturing, processing, fabrication, and assembling of products or materials, warehousing and storage and transportation facilities. This district is also intend to accommodate various adult -type uses that may otherwise infringe or negatively influence the residential or commercial character of other zoning districts. This district depends on the proximity to major streets and arterials. This district should be located in business corridors or in islands. 11. BACKGROUND INFORMATION PETITION City of Kalispell 312-1st Avenue East Kalispell, MT 59901 SIZE AND LOCATION: Change "A7 is located generally south of the. National Guard Armory on the west side of US Highway 93 and contains approximately 10 acres. Change "B" Is generally located north of the sewage treatment plant access road on the east side of Airport Road and contains approximately 25 acres. Change "C" is located on the northeast and northwest corners of Airport Road and 18th Street West and contain a total of approximately 2.2 acres. ZONING AND LAND USE: Changes 'A" and "B" are currently zoned P-1 (Public); "A" contains the ball fields and "B" contains airport uses, forest service offices, and other non-residential uses. change "c, contains a residence on the northeast corner and is vacant on the northwest corner. The area around the airport contains a variety of zones including R-4, R-1, B-2, P-1, and 1-1 and contain a variety of residential, commercial, airport, public, and industrial uses. EVALUATION BASED ON STATUTORY CRITERIA The statutory Procedure for evaluating zone changes is set forth by 76-2-303, M.C.A. Findings of Factfor the zone change request are discussed relative to the criteria described by 76-2-304, M.C.A. 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 "An is designated for commercial use, change B is designated for light industrial, and change 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 K 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. Will The Requested Zone Provide For Adequate Light 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 a 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. 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. 3 Would The Proposed. Zoning Conserve The Value Of The Buildings? The existing buildings located on the properties are permitted to continue as to there existing Uses. Therefore, the value of the buildings should not be impacted In either case. Will The Requested... Zone Change EncourageTheMost 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. it is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt this staff report as findings of fact and forward a recommendation to city Council for approval of the requested zone change. AKZC95-01.P-1 2 VW4014"" City of Kalispell Zone Change Application A The proposed changes directly promote the Master Plan, as they are being used as tools of implementing the goals and objectives of the Kalispell City Airport Neighborhood Plan, which is an Amendment to the City -County Master Plan. a This objective will be met by permitting appropriate land uses in appropriate locations. The rezoning to P-1, and the ultimate public ownership, of the property in the "Runway Protection Zone (RPZ)" will result in reduced traffic In the immediate vicinity. By zoning the property adjacent to Highway 93 to a commercial designation, traffic will utilize an existing major arterial and its associated system of collectors. The land uses permitted in the proposed I- I are generally not generators of high traffic volumes, but do need access to major arterials. The proposal offers such land uses easy access to the Airport and Highway 93. None of the proposed changes should result in increased congestion in the streets. Safe access is assured through City site review and the MDOT approach -permit process. C. The restrictive nature of the P-1 district, in terms of permitted land uses, and the FAA restrictions applicable to the RPZ, enhance the safety of the City Airport and its environs. Similarly, properly zoning to commercial and industrial, those lands adjacent to the runway, will guide appropriate land uses to appropriate locations as described above. D. The proposed changes in zoning will meet all of these objectives - objectives which are integral to the Airport Neighborhood Plan. Encouraging proper development in the vicinity of the airport will promote the general welfare by enhancing airport safety and directing development to areas capable of absorbing the associated impacts. E. The P-1, 1-1, and B-2 zone districts all contain development standards which ensure adequate light and air - setbacks, height limits, lot coverage maximums, etc. Furthermore, land uses and building heights are guided by FAA Standards in the vicinity of the airport. Page Z - EXHIBIT "3" City of Kalispell Zone Change Application F. Residential uses are not permitted in the proposed zones, so from a "population" perspective, overcrowding will not occur. Occupancy and use of commercial and industrial structures are regulated by both the Kalispell Zoning Ordinance and the Uniform Building Code to avoid unsafe conditions. G. Refer to " F" above. H. The proposed changes will result in enhanced airport safety, city utilities are readily available on the developable parcels; schools will not be impacted, as residential uses are not permitted; and the proposed P- 1 district will make available the opportunity to pursue parks and/or other public facilities. I. The City has made a commitment, by adopting the Neighborhood Plan, to see that the existing airport and surrounding neighborhood be preserved and enhanced. The commercial character of the highway frontage will be consistent with existing development in the area, as will the industrial district planned West of the runway and North of the Sewage Treatment Plant. J. The conclusion of the adopted neighborhood plan was that the subject properties were indeed suitable for the proposed zones and the permitted uses contained therein. M The City Airport and the associated buildings and improvements represent significant investment. preserving that investment. The zone changes will assist in I, With the safety of the Airport and immediate vicinity a major objective of this request, orderly growth and appropriate land uses are not only encouraged, but required. 41— 14 R4 R 19 R-1 B 21 BEGG -PARK '• ♦ `R51" P-1 Pl B.�-2 ASHLEY It PARK PH. I ' - '� \, �� counny SAG-10 COLMly Ile B2. *+fl-U I nil iisxffeu+ff4 � u —.. EXHIBIT "B" 1 12 R 5- J ..SAG, .1 9 20 .. ......... eA K C951-11- COUNTY SE:E OT FRDO 'I No. y5�/ Date ._.:ce ted i-1 - Receipt No. t. NAME OF APPLICANT: City of Kalispell ` 2. MAIL ADDRESS: P.O. Box 1997 Kalispell, MT 59903 3. CITY/STATE: PHONE: (406) 758-7700 4. INTEREST IN PROPERTY: The City owns a majority of the subject property. S. ZONING MAP AMENDMENT: X ZONING TEXTAMENDMENT: IF THE REQUEST PERTAINS TO AN AMENDMENT TT1 T14E TEXT OF THE ZONING REGULATION PLEASE COMPLETE THE FOLLOWING: A. What is the proposed zoning text amendment? N/A x IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, PLEASE COMPLETE T FOLLOWING: A. Address of the property: No given addresses;'ref6r'*"to maps and descriptions. B. Legal description: Descriptions are attached; recordable descriptions are being prepared. (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and hounds) C. The present zoning of the above property is: B-2 and P-1 proposed zoning of the above property is: 1-1, P-1 and B-2 D. The prop g P P Y E. State the changed or changing conditions that make the proposed amendme necessary: The recently adopted Kalispell City Airport Neighborhood Plan commits the City of Kalispell to making the existing facility safer to both the users of the Airport and the citizens of Kalispell. One of the major goals of e plan is to minimize hazards to navigation by seeking compliance with FAA airport design standards. The plan specifically calls for removal of objects in, and public ownership of, the "Runway Protection Zones." This goal can in part be met by this rezoning request. The plan also calls for zone changes on properties on either side of the runway from P-1 to commercial and industrial classifications. These rezonings are intended to spur develop- ment in the area which will in tarn i increase the viability of the airport. RESPONSES ATTACHED AS. XHIBIT 3" HOW WILL THE PROPOSED CHANCE ACCOMPLISH THE INTENT ANO PURPOSE OF: A. Promoting the Master Plan B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic, and other dangers D. Promoting the public interest, health, comfort, convenience, safety ar general welfare E. Providing adequate light and air F. Preventing the overcrowding of land G. Avoiding undue concentration Of Population H. Facilitating the adequate provision of transportation, water., sewage, schools, parkst and other public facilities 2 I. Giving reasona i consideration to the charact of the district J. Giving consideration to the peculiar suitability of the property particular uses K. Protecting and conserving the value of buildings L. Encouraging the most appropriate use of land by assuring orderly growth * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4 The signing of this application signifies approval for F.R.D.D. staff to be present an t property for routine monitoring and inspection during the approval process. Revised 7/27/93 dh ate) 3