1995/02/23 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.
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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