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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: 3.5 4 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. 1 355 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. 3 356 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. 1 PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL, THIS 3rd DAY OF A ril , 1995. � 7� � 0- 1 Dougla D. 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