04. Ordinance 1303 - Zone Change - RSI - 1st ReadingORDINANCE NO. 1303
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS LOTS 1, 2 AND 3, DALEY FIELD
SUBDIVISION, SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY (PREVIOUSLY ZONED P-1, PUBLIC) TO B-2 (GENERAL
BUSINESS), IN ACCORDANCE WITH THE CITY -COUNTY MASTER PLAN, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell and RSI, LLC (Rosauer's
Supermarkets, Inc.), the owners of property described above,
petitioned the City of Kalispell that the zoning classification
attached to the above described tract of land be changed to B-2,
General Business, and
WHEREAS, the property as described exists as property
surrounded to the North by P-1 Zoning (Public), to the East by B-2
and I-1 Zoning (General Business and Light Industrial), to the
South by B-2 Zoning (General Business), and to the West by P-1
Zoning (Public), and
WHEREAS, the petition of the City of Kalispell and RSI, LLC
(Rosauer's Supermarkets, Inc.) was the subject of a report compiled
by the Flathead Regional Development Office, #KCZ-98-5, dated
January 4, 1999, in which the Flathead Regional Development Office
evaluated the petition and recommended that the property as
described above be zoned B-2, General Business as requested by the
petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report amending the FRDO report and deferred
approval to the City Council as to whether to rezone the property
as described B-2, General Business, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described B-2, General Business,
the City Council adopts, based upon the criterion set forth in
Section 76-3-608, M.C.A., and State, Etc._ v. Board of County
Commissioners, Etc_ 590 P2d 602, the findings of fact of FRDO as
set forth in Report No. KCZ-98-5, as amended by the Zoning
Commission.
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 the property described as
Lots 1, 2 and 3 of Daley Field as B-2, General Business.
1
SECTION IT. 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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS DAY OF , 1999.
ATTEST:
Theresa White
Clerk of Council
E
Wm. E. Boharski
Mayor
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
January 21, 1999
Glen Neier, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: City of Kalispell & RSI LLC (Rosauers Supermarkets Inc.) Zone Change Request from
RA-1 to RA-3
Dear Glen:
The Kalispell City -County Planning Board met on January 12, 1999, and held a public
hearing to consider a request by the City of Kalispell and RSI LLC (Rosauers Supermarkets
Inc.) for a zone change from P-1 Public to B-2 General Business on property known as Lots
1, 2 and 3 of Daly Field Subdivision located on the west side of Highway 93 South near the
intersections of 3rd Avenue E. and Kelly Road.
Steve Kountz of the Flathead Regional Development Office evaluated the proposal based
upon the statutory criteria and recommended approval of the requested zone change. Staff
also recommends that the City give consideration to adopting and beginning enforcement of
height standards for structures in the airport influence prior to selling lots 1 and 3 of Daly
Field Subdivision.
At the public hearing two people objected to the timing of the zone change application. They
requested that the Planning Board defer the request until the Airport Master Plan Phase One
Report has been evaluated by the City of Kalispell and the Airport Advisory Board. At that
time the impact of the zone change on the airport improvements and potential FAA funding
would be more clear.
The City Zoning Administrator spoke in favor of the zone change and stated that there are
adequate height requirements in place, through the contract for sale on Lot 2 and Resolution
3306.
The Planning Board discussed the public testimony extensively. A motion was made and
seconded to adopt staff report #KZC-98-5 as findings of fact and recommend that the
Kalispell City Council defer the requested zone change from P-1 to B-2 until the FAA report
is completed and that the Council consider adopting and enforcing height standards for
structures in the airport influence prior to selling lots 1 and 3 of the Daly Field Subdivision.
The motion failed on a tie vote of 4 in favor and 4 opposed. Another motion was made and
seconded to send the petition on to the City Council as voted on (tie vote). The motion
passed unanimously.
Glen Neier
Re: City of Kalispell / FSI LLC (Rosauers Supermarkets Inc.) zone change
January 12, 1999
Page 2 of 2
Please place this matter on the agenda for the February 1, 1999 regular City Council
meeting. Please contact this board or Steve Kountz at the Flathead Regional Development
Office if you have any questions regarding this matter.
Sincerely,
Planning Board
Jdhnson. President
TJ/
Attachments: FRDO Report #KZC-98-6 w/application materials
Draft minutes of 1 / 12 / 99 Planning Board meeting
Exhibit A (legal description)
c: w/Att Theresa White, Kalispell City Clerk
c: w/o Att: RSI LLC (Rosauers Supermarkets Inc.), AD% Kit Querna, 1500 Seafirst
Financial Ctr., Spokane, WA 99201
H: \... \TRANSMPr\KALISPEL\ 1999\KZC98-5
MOORE ZONING MAP The first public hearing was introduced on a petition by Janae
AMENDMENTS Moore, et al to rezone approximately .96 acres located on the east
side of First Avenue E.N. between Washington and Oregon Streets,
at the following addresses: 351,365, 373, 377, 381 and 395.
Staff Report Steve Kountz, FRDO, presented a summary of Staff Report #KZC-
98-6, recommending that the planning board and zoning
commission adopt the report and recommend the approval of the
requested zone change from RA-1 to RA-3. He presented 3 letters
in favor and 2 against the zone change out of 6 property owners.
Public Hearing: The public hearing was opened to the audience in favor of the
proposed change.
Proponents The applicant, Janae Moore, spoke in favor of the proposal and
noted that there are 4 property owners in favor and 2 against the
zone change.
Lou Stone, 303 9tn Avenue, Co -petitioner, spoke in favor of the
petition. She is looking at the lot for purchase for a clinic and this
lot would include off street parking. The area also has a scattering
of small businesses.
Janene Lembke, 1325 4tn Street West, spoke in favor of the
petition by agreeing with the previous proponents.
Opponents Karen Olson, 373 1st Avenue E.N. spoke against the zone change
and is concerned about the economic viability of the area.
No one else spoke against the petition.
Board Discussion The board discussed spot zoning and concerns over transitional
zoning, and mixed use zoning and gave their views on this request
for a zone change.
Motion Stevens moved and Heinecke seconded that the Kalispell City -
County Planning Board and Zoning Commission adopt Staff
Report #KZC-98-6 as findings of fact and recommend that the
Kalispell City Council approve the requested zone change for the
entire block.
President Johnson asked that the recording secretary rotate the
request for votes.
Roll Call Vote On a roll call vote all members present voted Aye. The motion
carried on a vote of 9-0.
VU
OSALTERS A request from the City of Kalispell and Rosauers Supermarkets,
PE +MARKETS AND for a zone change from P-1 Public Zoning to B-2 General Business
Kalispell City County Planning Board
Minutes of meeting January 12, 1999
Page 3 of 6
CITY OF KALISPELL zoning district at the Daly Field Subdivision along the west side of
ZONE CHANGE Highway 93 South near the intersections of 3rd Avenue E. and
Kelly Road, was introduced.
Staff Report Steve Kountz, FRDO Senior Planner, presented staff report #KZC-
98-5 recommending that the Kalispell City -County Planning board
and Zoning Commission adopt the staff report as findings of fact
and recommend approval of the requested zone change. Staff also
recommends that the City give consideration to adopting and
beginning enforcement of height standards for structures in the
airport influence area prior to selling lots 1 and 3 of Daly Field
Subdivision.
Pubic Hearing: The meeting was opened to proponents of the petition.
Proponents Art Thompson, Kalispell Airport Advisory Board, spoke in favor of
the petition adding information on the airport issues. He cited
that it may be appropriate to defer action on this request for zone
change until the FAA Phase 1 report is out. This will clarify the
airport improvements plans, such as moving the runway, which
would be a basis for height restrictions, in order to insure the best
outlook for FAA funding for improvements.
P. J. Sorenson, Kalispell Zoning Administrator, spoke in favor of
the petition and addressed the concerns on height limitations,
stating that Kalispell City Resolution 3306 directs the city building
department to establish a drawing of the airport boundary and
directs the building department to consider those limitations when
issuing building permits. Therefore a mechanism is in place for
regulating height limitations through the building permit process.
Opponents Randall James, spoke against the petition for rezoning, and asked
that the petition be deferred until the FAA study is out.
Board Discussion The Board asked if Rosauers had a plan for improvements or
construction in respect to the air space area. Sorenson explained
there had been no formal plans received but that the contract for
sale on the land included height restrictions and that, along with
the building permit process and the resolution noted earlier any
improvements suggested would be regulated.
Thompson explained that the plan for exactly where the center line
of runway will be, along with other pertinent information is not
currently available but will be included in the Phase 1 study.
Therefore any premature zoning or potential building could
jeopardize the FAA funding, so the Airport Advisory Board asks
that the zone change be deferred, until there is further
information.
Kalispell City County Planning Board
Minutes of meeting January 12, 1999
Page 4 of 6
Motion Brenneman made a motion, seconded by Don Hines, to adopt
Staff Report #KZC-98-5 as findings of fact and recommend that
the Kalispell City Council defer the requested zone change from P-
1 to B-2 until the FAA report is completed and that the Council
consider adopting and enforcing height standards for structures in
the airport influence prior to selling lots 1 and 3 of the Daly Field
Subdivision. Roll call vote: Joe Brenneman, Donald Garberg, Rob
Heinecke and Don Hines, Aye; Gregory Stevens, Jean Johnson,
Keith Brian Sipe and Don Mann, Nay. The motion failed on a tie
vote of 4 in favor, and 4 against. Heinecke moved that the board
defer the petition until the FFA report is in. The motion failed for
lack of a second. Garberg moved and Hines seconded that the
petition be sent to the Kalispell City Council as voted on. The
motion passed unanimously.
The President called a 5 minute break.
The meeting was called back to order at 9:15 p.m.
FARRIS ZONE CHANGE A request by Andrew Farris for a zone change from SAG-10 and R-
1 to R-3, on 17.906 approximate acres located in the Evergreen
Zoning district on the north side of East Reserve Drive
approximately 1/a mile east of highway 2, was postponed by
request of the applicant. The applicant explained that they'd had
insufficient time to plan for their response to the FRDO
recommendations.
Public Hearing The public hearing was opened to the audience. No one wished to
Proponents speak in favor of the application at this time.
Opponents Christy Jones presented a letter to the Board from her mother, an
adjacent land owner (attached), opposed to the petition. This will
go with the packet for the February meeting.
Motion Garberg moved and Brenneman seconded to continue the public
hearing on Andrew Farris' request, Staff Report FZc-98-12, until
the February meeting. The motion passed unanimously.
ASHLEY BUSINESS The applicant has requested that this agenda item be postponed
PART{ SUBDIVISION until the February 9th meeting.
PRELIMINARY PLAT
Jean Johnson opened the public hearing. No one spoke for or
against.
Brenneman moved and Garberg seconded to postpone this request
until the February meeting. The motion passed unanimously.
WORKSHOP: DNRC David Greer, land use consultant to DNRC, gave a presentation to
Kalispell City County Planning Board
Minutes of meeting January 12, 1999
Page 5 of 6
CITY OF KALISPELL AND RSI LLC
FLATHEAD REGIONAL DEVELOPMENT OFFICE
ZONE CHANGE REPORT #KZC-98-5
JANUARY 4,1999
A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding
a zone change request from P-1 Public to B-2 General Business. A public hearing has
been scheduled before the planning board for January 12, 1999 beginning at 7:00 p.m. in
the City Hall Council Chambers. The planning board will forward a recommendation to the
city council for final action.
A. Petitioner: City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
RSI LLC (Rosauers Supermarkets Inc.)
AD% Kit Querna
1500 Seafirst Financial Ctr.
Spokane, WA 99201
B. Size and location: The affected property is Daly Field Subdivision along the west
side of Highway 93 South near the intersections of 3 Avenue E. and Kelly Rd.
The three lots are currently divided by a zoning district boundary, and most of each
lot is in the B-2 district. The amendment would increase the B-2 commercial depth
of the lots from roughly 360 to 440 feet. Of the 15.65-acre subdivision,
approximately 12.53 acres is currently within the B-2 district. The property is
described as Lots 1, 2, and 3, Daly Field Subdivision, Section 20, T28N, R21 W,
P.M., M., Flathead County, Montana.
C. Background information on the application: Most of this site was historically used
for softball fields, although the City is in the process of moving these softball activities
to the new ball fields at the north end of the city. The site also abuts the city airport to
the west. In 1995, the City amended the zoning from P-1 to B-2 (Ordinance 1219) on
most of what is now Daly Feld Subdivision; it was then described as parcel 6 of COS
No. 11395. In 1997, the City approved the final plat of Daly Field Subdivision,
encompassing a larger site. Lot 2 of the subdivision has since been sold to Rosauers
Supermarkets Inc., and Lots 1 and 3 are still owned by the City. Acting City Manager
Glen Neier commented that the lack of B-2 zoning on the entire property was an
oversight.
D. Existing zoning: The existing P-1 Public zoning district on the site reserves land for
public uses, including parks and airports. The existing P-1 zoning generally does not
provide for the private commercial operations allowed in the B-2 district.
E. Proposed Zoning: The proposed B-2 General Business zoning district provides for
general retail sales and services, typically characterized by outdoor display and
storage, major repair of motor vehicles, and outdoor recreation.
F. Existing Land Use: Most of the site was historically used for softball fields, although
the City is in the process of moving these softball activities to the new ball fields at
north end of the city. City Parks Director Mike Baker said that the portion of the fields
on the city -owned lots will probably continue to be used for overflow softball activities
and practice fields until sold by the City.
G. Adjacent Land Uses and Zoning:
The site is located between the city airport and a mixed -use urban highway corridor.
North: Red Eagle Aviation, Armory; P-1 zoning
East: Highway 93, park, Scotty's Bar, Culligan Water, et al.; B-2 and 1-1
zoning
South: MT Human Services offices, Big R store; B-2 zoning
West: City airport; P-1 zoning
H. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric
Telephone:
Centurytel
Schools:
School District #5
Fire:
City of Kalispell
Police:
City of Kalispell
I. Relation to zoning requirements:
The site would comply with the lot size, lot width, setback, height, lot coverage, and
land use requirements of B-2 zoning.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303 and 76-2-305,
M.C.A. The application is evaluated in accordance with the zoning criteria described by 76-
3-304, M.C.A.
1. Does the requested zone comply with the Master Plan?
The proposed zoning substantially complies with the City Airport Neighborhood Plan,
adopted in 1995 as an addendum to the master plan. The city county master plan
map designates the site as parks/open space, public land, and a transition area
between those two designations; but the neighborhood plan designates the area as
general commercial at the north end and office commercial at the south end. The
master plan is being updated, and various changes have occurred since the 1986
plan was adopted that favor the proposed zoning. In addition to the neighborhood
plan, these changes include an urban renewal effort to expand commercial
development in this area; a 1995 zone change to B-2 on most of the subject parcels;
creation of the Daly Field subdivision to enable the sale of the land; and relocation of
public ball field activities to a new complex. The proposed zoning would be
2
consistent with the "urban mixed -use corridor" designation on the proposed update of
the master plan (dated 10/20/98) currently being circulated for public review. In the
proposed plan update, this site is also located within a designated "priority growth
center," a centrally located commercial and employment hub where commercial
development is encouraged as an alternative to sprawl in outlying areas.
2. Is the requested zone designed to lessen congestion in the streets?
Since the highway frontage and most of land area of the subject parcels already have
B-2 zoning, the effect on traffic congestion of the proposed additional B-2 zoning is
anticipated to be minor. The suitability of access to the property was recently
approved in the city review of Daly Field Subdivision.
3. Will the requested zone secure safety from fire, panic, and other dangers?
The site is in the city airport influence area, where placement of structures could
affect the safe ascent, descent, and landing of aircraft. It is anticipated that potential
conflicts between commercial expansion and airport expansion in this area could be
addressed separately by application of appropriate height standards in the airport
influence area. Such height standards may require that the zone change area be
used for parking, drainage, or similar use associated with commercial development,
rather than for structures. The Federal Aviation Administration (FAA) has established
the categories of B-I and B-11 for small airports, both of which set height standards for
surrounding structures to accommodate a particular level of aviation activity (B-II
standards are more restrictive). Currently, the Kalispell city airport does not meet
either B-I or B-II design requirements, but an airport master plan is being prepared
which gives consideration to upgrading the airport to B-11 standards. There are
various federal and state rules for the appropriate height of buildings within the airport
influence area, which are briefly summarized below in relation to the proposed
rezoning.
• The rezoning would not encroach on the "object -free area" recommended by the
FAA for B-II airports, an area of 250' width on both sides of the runway centerline.
The object -free area adjacent to the zone change site is all or virtually all within
the city airport property according to the survey information available (the rear
subdivision boundary is approximately 250 feet from the centerline of the airport
runway). Furthermore, B-2 zoning requires a 10' rear setback, an additional
object free area adjacent to the airport property.
• A suitable building site in the rezoning area would be feasible that complies with
FAA regulations for a B-II "visual" airport, regulations which limit building heights
(as part of "transitional surface" requirements) to one foot per seven feet of
distance from what is called the "primary surface," a strip of land 125 on each side
of the runway centerline and assumed to be situated vertically at the runway
elevation. Based on the topographical information available, this standard would
essentially limit building height to a range of approximately 17.5' at the highest
elevation of the rear setback line of the zone change area to roughly 29' at the
front of the zone change area. (The rezoning site is not within the trapezoidal
landing "approach" zone, to which specific height standards apply, but is adjacent
to roughly the middle of the runway where "transitional surface" requirements
apply.) In addition, the 1998 development agreement between the City and RSI
regarding Lot 2 of Daly Field Subdivision (page 10) requires compliance with this
standard.
• There does not appear to be a suitable building site in the rezoning area that
3
would comply with FAA regulations for a B-11 "non -precision instrument" airport,
which limit building heights (again, part of "transitional surface" requirements) to
one foot per seven feet of distance from a wider "primary surface" area than
described above, a strip of land 250 on each side of the runway centerline and
assumed to be situated vertically at the runway elevation. This standard would
essentially limit building height to a range of approximately 0' at the highest
elevation of the rear setback line of the zone change area to 11.4' at the front of
the zone change area. In general, the B-II visual standard described above
assumes that the runway is visible, while the B-II non -precision instrument
standard provides for a wider margin of error for weather conditions with lower
visibility.
• There does not appear to be a suitable building site in the rezoning area that
would comply with the Montana Airport Hazard Regulation statute (67-5-201
MCA), which restricts building height to one foot per seven feet of distance from
the airport property within two miles of any public airport, essentially limiting
building height in the zone change area to a range of 1.4 feet at the rear setback
line to 11.4 feet at the front of the zone change area. This statute has been
criticized, however, for lacking an enforcement mechanism and being obsolete
(current FAA regulations, in comparison, use the runway centerline and elevation
as a reference point for height limits, rather than the airport boundary). The
proposed Rosauers Supermarket building site anticipated in the City's 1998
development agreement with RSI does not comply with this height standard.
A letter (12/22/98) was received from Gilbert Bissell, Chairman of the City Airport
Advisory Committee, concerned that the placement of structures within the rezoning
area should not enable construction that jeopardizes FAA funding for improvements
to upgrade the airport to B-II status. Bissell's letter recommends adopting a city
ordinance as soon as possible to limit building heights within the airport influence
zone, an ordinance that would be implemented by the city building department. An
initial draft of such an ordinance, including the standards discussed in the first three
bullets above, was considered last year and not approved by the City Council. Acting
City Manager Glen Neier has cautioned that it may be premature to apply or adopt
height standards for a B-11 airport prior to completion of the airport master plan and
securing funding to upgrade the airport to B-11 status.
Access, fire suppression and circulation are adequate to secure the area from fire,
panic and other dangers. New construction will be required to comply with the
Uniform Fire Code and the applicable building codes.
4. Will the requested change promote the health and _general welfare?
The proposal would adjust the zoning boundary to conform with lot boundaries,
providing for full and efficient use of the land. As discussed above, the rezoning
would be consistent with several recent actions that have occurred in this vicinity,
including the following: adoption of the city airport neighborhood plan in 1995; an
urban renewal effort to increase commercial activity in this vicinity; a 1995 zone
change to B-2 on most of the subject parcels; creation of the Daly Field subdivision to
enable the City to sell the land; and relocation of public ball field activities on the site
to a new complex. No significant impacts on public health are anticipated.
5. Will the requested zone provide for adequate light and air?
No significant impact is anticipated. Both districts have building height and setback
4
requirements which provide for light and air between buildings.
6. Will the requested zone prevent the overcrowding of land or undue concentration of
people?
The rezoning would be a relatively minor expansion of the B-2 district and would be
consistent with the highway commercial activities in the area. As discussed above,
the rezoning would be consistent with the city airport neighborhood plan and the
current draft of the update of the city county master plan (dated 10/20/98).
7. Will the requested zone facilitate the
All municipal public services are available to this site, including fire protection, police
protection, trash collection, and road maintenance. The suitability of infrastructure to
the site was reviewed and approved by the City last year with the creation of Daly
Field Subdivision. No impact on schools is anticipated. The public ball field activities
on the site are being relocated.
8. Does the requested zone give consideration to the particu
_-- - - -: -- ..--
The proposal would adjust the zoning boundary to conform with lot boundaries,
providing for full and efficient use of the land. If the lots are to be sold by the City, as
anticipated, P-! Public zoning is no longer appropriate on the site. Like much of the
vicinity, the soils on the site are mapped as "hydric" by the Natural Resources and
Conservation Service, which poses potential development limitations or costs to avoid
drainage and shallow groundwater problems.
9. Does the requested zone give reasonable consideration to the character of the
district?
The rezoning would be a relatively minor expansion of the B-2 district and would be
consistent with the highway commercial activities in the area. The site is between the
city airport and a mixed -use urban highway corridor. The surrounding land uses
include Red Eagle Aviation, the National Guard Armory, Scotty's Bar, Culligan Water
Conditioning, and the Montana Human Services offices. As discussed above on
public safety, it is anticipated that potential conflicts between commercial expansion
and airport expansion in this area could be addressed separately by application of
appropriate height standards in the airport influence area. A notice of public hearing
was mailed to property owners within 150 feet of the subject property approximately
15 days prior to the hearing. No comments from neighbors have been received as of
this writing.
10. Will the proposed zone conserve the value of buildings?
No significant impact on property values is anticipated. No comments from neighbors
have been received as of this writing. See also the discussion above on the character
of the area.
11. Will the requested zone encourage the most appropriate use of the land throughout
the iurisdiction?
5
The rezoning would encourage the most appropriate use of land throughout the
jurisdiction. The rezoning would be consistent with the city airport neighborhood plan
and the current draft of the update of the city county master plan (dated 10/20/98). It
is anticipated that potential conflicts between commercial expansion and airport
expansion in this area could be addressed separately by application of appropriate
height standards in the airport influence area.
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board and Zoning Commission
adopt FRDO staff report #KZC-98-5 as findings of fact and recommend approval of the
requested zone change. Staff also recommends that the City give consideration to adopting
and beginning enforcement of height standards for structures in the airport influence prior to
selling lots 1 and 3 of Daly Field Subdivision.
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CITY OF KALISPELL
DALEY FIELD REDEVELOPMENT SITE
ZONE CHANGE REQUEST FROM P-1, PUBLIC USE TO
B-2, GENERAL BUSINESS USE
KALISPELL ZONING DISTRICT
PLOT DATE:12/18/98
FILE # KZ C - 9 S - 5 SCALE 1 " = 400 ' H:\gis\site\XZC98_5.dwg
14/14/10 1L> L.112 VC ntiLlzrL" (4VC) l:)iS-II.Sy e. UU1
December 14, 1998
Steve Kountz
Flathead Regional Development Office
723 5` Avcnue E., Rm 414
MT 5990 f
Dear Steve:
I have met with Glen Meier regarding the Dtiley Field Redevelopment. Site. The
site is located tv the west. of Highway 93 South and is more particularly described as
Lots 1, 2, and 3 of the Plat. of Daley Field Subdivision. It is located in the NW 1/4 of
Section 20, *r28N R21 W, P.M.,M., City of Kalispell, Flathead County, Moni ana. It
is my understanding, that the City of Kalispell has a fee simple interest in Lots I and 3
and RSI, LLC has a fee simple interest in Lot 2.
nreseritly, a use district boundary di-vides the lots into t�vo parts. The majority
of the land is zoned B-2. However, an eighty (80) foot strip on *the western' edge of
the lots is part of a P-1 zone associated with the airp<vrt. It is prestmtly anticipated
that a Rosaueis grocery store will be constructed on Lot 2: The current zoning
boundaries make construction problematic, not only for Rosauers, but also for the
eventual bi-siness use of Lots 1 and 3. The City thus proposes that the
aforementioned S-2 zone extend to encompass the entirety of Lots 1, 2, and 3 of the
Plat of Daley Field Subdivision.
If you have any questions or require additional information, please feel free to
contact me at 758-7732.
Sincerely,
Pj Sorensen
Zoning Ad,ministr3tor
x,"'in. r` i',u.�?.5� ii�"?4�'.``!!�-'*fs {'+'»i'f t�'k. i" s • . • ��Ra � a:.., `^ ->ir 1 �' •,, 'cL ^.. y,.{=,.,.�t y
12/14/1998 14:08 5093?82483 ROsAUERS SUPERmRKET PAGE .01 v `
December 14, 1998
Mr. Glen Neier
Kalispell City Attorney
Kalispell, Montana
FAX: 406-758-7771
RE: ROSAUER'S SUPERMARKETS DAILEY FIELD SITE
Dear Glen:
Enclosed is Rosauers joinder and consent to the Petition for Zoning Amendment
concerning a portion of the referenced property. Just for the record, please appreciate the
City of Kalispell did represent in its Daily Field offering material that the property was zoned
8-2 and warranted in the Purchase Agreement with R.S.1. that the property was properly
zoned for Rosauer's purpose.
Please keep me informed of the re -zoning progress. Best wishes.
Sincerely,
KIEMLE & HAGOOD COMPANY
Gerald L. Hagood, President
bja
cc: Larry Geller
Kit Querna
Pmfessional Real Estate Services
Washington Mutual Financial Center, 601 West Main Avenue, Suite 400, Spokane, Washington 99201.0674 (509) 838.6541 FAX (509) 45"14-
From Judi Funk 758-7771 To Stcie Kountz Date Time 3 27 10 PM Page 2 of 2
12/14/1998 14:08 5093282483 ROSAUERS SUPERMARKET PAGE 02
December 14, 1999
Mr. Glen Neier
City of Kalispell
40&758-7708
406-758-7771 - Fax
Rosauer's Supermarkets, Inc., a Washington corporation, and RS.I., L.L.C., a Washington
limited liability company, both qualified to do business in Montana, join in and consent to the
Petition for Zoning Amendment to B-2 on Lots 1, 2, and 3, Plat of Daly Field Subdivision made
by the City of Kalispell on the 14' day of December, 1998.
Rosauer's Supermarkets, Inc. and
R.S.I., L.L.C.
December 22,1998
Mr. Steve Kountz
Senior Planner
Flathead Regional Development Office
723 5TH Ave. East,Room 414
Kalispell, Mt 59901
Dear Mr. Kountz,
I am writing for the Kalispell City Airport Advisory Board in reference to the request
by The City of Kalispell and RSI,LLC (Rosauers Supermarkets) for a zoning amendment
from P-1 Public to B-2 General Business. It is our understanding after discussion on
Monday December 21, 1998 with the Kalispell City Council, that amending this property
will not per se jeopardize our efforts to obtain FAA funding for the Kalispell City
Airport,as long as the Rosauers building and any further structures on Daley Field are
outside the FAA B-2 object free area for the airport. We understand that this building
restriction is a part of the Rosauers "developers agreement".
As you know, the Airport Advisory Board is currently working with the City of
Kalispell, State of Montana Aeronautics Division, FAA, and Morrison Maerle Engineers
to enact an ordinance that will provide height restrictions to prevent future building that
would jeopardize a B-2 airport. I'm sure that you appreciate the need for this ordinance
as soon as possible. Diane Harrison of the City Planning Office developed an ordinance
in 1977 with the help of Mr. Gary Gates, FAA, Helena. When the Kalispell City Council
consider adopting this ordinance, it was felt that a 1980 ordinance was already in effect
and therefore another ordinance was not needed. Further research revealed that the
existing ordinance is not restrictive enough nor is it enforceable. Although an FAA
airport master plan is underway and the airport boundaries may change slightly, we feel
that the need for such an ordinance is now, even if the airport boundaries eventually
change slightly.
We on the Airport Advisory Board will continue to urge the adoption of an Airport
Airspace Protection ordinance. Such an ordinance is critical to the long term future of the
Kalispell City Airport, with or without FAA Federal funding.
Thank you for your help in this matter.
Sincerely,
Gilbert K. Bissell
Chairman
Kalispell City Airport Advisory Board
MATIMOAD RaUlur:
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MOPRSON
ENGINEERS
SCIENTISTS
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MAIERLE, INC.
SURVEYORS
PLANNERS
J
221 PARKWAY DR • P O. BOX 8057 • KALISPELL. MT 59�1 • 406-7 52-2216 • FAX: 406-7 2-
An Employee -Owned Cnipany
December 21, 1998
Steve Kountz
Flathead Regional Development Office
723 5t' Avenue East Room 414
Kalispell, Montana 59901
Subject: City oflalispell et al. zone change
Dear Steve:
Thank you for giving us a chance to comment on the proposed zone change. I have consulted
Terry Richmond of this office and Tim Orthmeyer of our Helena office. We have no comment on the
proposed zone change at this time.
The detailed height restrictions were, I believe, developed by Larry Gallagher at the time of the sale
of that lot to RSI, based on FAA Regulations Part 77, and as advised by Tim Orthmeyer. It was Tim's
understanding at that time that Rosauers planned to construct a building on that lot that would penetrate the
FAR Part 77 transitional surface, which rises at a rate of 1 foot per 7 feet of horizontal distance
perpendicular to the runway centerline and starting at 250 feet right and left of the runway centerline. The
ultimate result of this construction and the resulting obstruction would be a possible reduction in the
approach minimums.
The proposed zone change generally will not result in a reduction in the safety of the airport,
though, as stated above, it may have an adverse effect on the approach minimums.
Sincerely,
NlO1rUJSGN MAIERLE, INC.
V ..J,)
Anthony.41. Feilzer, EJ/
Project V gineer
cc: Tim Orthmeyer, MMI-Helena `{" D 0
1 9 4 5 e H a I f A C e 11 1 e r y 0 f S e r u i c e 1 9 9 5
DEC.-22'97(MON) 17:48 KIEMLE & HAGOOD TEL:509 458 4014 P.001
Post-W,Fax Note 7672 No. of Pap
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(b) All work with respect to the Project shall be in substantial conformity
with the Construction Plans approved by the CITY. DEVELOPER shall
promptly begin and diligently complete all on -site improvements.
DEVELOPER shall make reports, in such detail and at such times as may
reasonably be requested by the CITY, as to the actual progress of
DEVELOPER with respect to construction of the on -site improvements.
(c) DEVELOPER shall not interfere with, or construct - any
improvements over, any public street or utility easement without the prior
written consent of the CITY. All connections to public utility lines and
facilities shall be subject to approval of the CITY and any private utility
company involved. All street and utility installations, relocations,
alterations and restorations shall be made at DEVELOPER'S expense.
DEVELOPER, at its own expense, shall replace any public facilities or
utilities damaged during construction of the Project.
(d) CITY and DEVELOPER acknowledge and agree that the Project will
be sited in an Airport Influence Area, and that development within such
Area will be controlled and constrained by one or more Ordinances. CITY has
begun drafting, but has not yet finalized, an Ordinance For Designation of an
Airport Influence Area for Kalispell City Airport and an Ordinance to Limit
Height of Objects Around Kalispell City Airport. Notwithstanding the fact that
those Ordinances are merely in the draft stage, CITY appreciates the scope,
height, infrastructure, and other characteristics of DEVELOPER'S intended
Project, and agrees that such Project will satisfy such Ordinances as eventually
considered and passed by the Kalispell City Council. Based upon current
information available to the parties, the elevation of the building, at the 20' West
set -back, to be constructed pursuant to this Agreement shall not exceed 2957. 82
feet above sea level, and the elevation, at a point not less than 21' East of the
Western set -back line shall not exceed 2960.82 feet above level. No equipment
shall protrude above, the greater of, 2960.82 above sea level or the transitional
surface slope for a B-II, visual airport. (7 to 1 starting from a point 125 feet from
Center Line of the Kalispell City Airport Runway).
Section 5.3. Certificate of Completion.
(a) Promptly after completion of the Project, in accordance with this
Agreement, DEVELOPER should apply for a Certificate of Completion.
It will be incumbent on DEVELOPER to provide the CITY with a
certificate of substantial completion from DEVELOPER'S architect, and the
CITY shall furnish DEVELOPER with an appropriate Certificate of
Completion as conclusive evidence of satisfaction and termination of the
agreements and covenants of this Agreement.
(b) If the CITY shall refuse or fail to provide a Certificate of
Page 10 of 21
C� MC 30
N
U. S. Department
of Transportation
Federal Aviation
Adadalstradon
December 23,1997
Mr. Clarence W. Krepps
Kalispell City Manager
P.O. Box 1997
Kalispell, Montana 59903-1997
Dear Mr. Krepps:
AIRPORTS DISTRICT OFFICE
2725 Skyway Drive, Suite 2
Helata, MT 59602
p,pPLtCATtCN -
We are writing in response and to summarize the telephone conversation earlier today,
12/23/97 between yourself, others at the City of Kalispell. Tim Orthmeyer and myself.
The conversation was rcgarding the sale of Daley Ball fields, north east of the existing
city airport. It is our understanding that sale of this parcel of land is contingent on the
location of a proposed retail building. The location of the building was verbally
described as being approximately in the center of the parcel (cast/west line) and the south
face of the building no closer than 270' from the existing runway centerline.
We had advised that the building would have to be a minimum of 250' north of the
nmway centerline in order to be outside the aircraft design category B-1I Object Free
Area (OFA). As shown on the preliminary Airport layout Plan by Peccia and Assoc.
dated September 1996. From your description it appeared that the proposed building
would penetrate Federal Aviation Regulations (FAR) Part 77 transitional surfaces by
approximately 5'. I advised that this penetration would not in and of itself preclude the
FAA from participating in a future AIP project, however penetrations such as this could
result in higher instrument approach minimums in the future.
We would advise that the city complete the preliminary phases of the Master Plan
Feasibility study as soon as possible so that any future building locations can be more
easily determined and justified through the planning process. Any future building
location proposals within close proximity to the airport should be forwarded to this office
for review, in accordance with FAR Part 157 Notice of Construction, a copy of which is
enclosed with this letter.
We Wrodate your efforts to pwtect the ais&g and fatum envirowthe
airport uM your efforts to coordinatc potential adjacent development issues. Please call
and let us know if this issue or related issues need further clarification
Sincerely,
Gary M. Gates, P.E.
Community Planner
Enclosure
cc:
Morrison Maicrlc Inc., Tim Orthmcycr
DRAFT ZONING ORDINANCE TO LIMIT HEIGHT
OF OBJECTS AROUND KALISPELL CITY AIRPORT
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES
AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE
OF PROPERTY, IN THE VICINITY OF THE KALISPELL CITY AIRPORT BY CREATING
THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF;
PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH
ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE KALISPELL
CITY AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF
THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF
ADJUSTMENT; AND IMPOSING PENALTIES.
This Ordinance is adopted pursuant to the authority conferred by Montana Codes
Annotated, Title 67, Chapters 4, 5, and 6. It is hereby found that an obstruction has
the potential for endangering the lives and property of users of the Kalispell City
Airport, and property or occupants of land in its vicinity; that an obstruction may affect
existing and future approach minimums of Kalispell City Airport; and that an
obstruction may reduce the size of areas available for landing, takeoff, and
maneuvering of aircraft, thus tending to destroy or impair the utility of Kalispell City
Airport and the public investment therein. Accordingly it is declared:
(1) that the creation or establishment of an obstruction has the potential of being
a public nuisance and may injure the region served by Kalispell City Airport;
(2) that it is necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of obstructions that are a hazard to
air navigation be prevented; and
(3) that the prevention of these obstructions should be accomplished, to the extent
legally possible, by the exercise of the police power without compensation.
It is further declared that the prevention of the creation or establishment of hazards
to air navigation, the elimination, removal, alteration or mitigation of hazards to air
navigation, or marking and lighting of obstructions are public purposes for which a
political subdivision may raise and expend public funds and acquire land or interests
in land.
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF KALISPELL CITY AND THE
BOARD OF COUNTY COMMISSIONERS OF FLATHEAD COUNTY, MONTANA, AS
FOLLOWS:
Kalispell City Airport Page 1 of 10 Pages 11 /10/97
SECTION I: SHORT TITLE
This Ordinance shalt be known and may be cited as Kalispell City Airport Zoning
Ordinance.
SECTION II: DEFINITIONS
As used in this Ordinance, unless the context otherwise requires:
1. AIRPORT - means Kalispell City Airport.
2. AIRPORT ELEVATION - 3,546 feet above mean sea level, which is the highest
point of an airport's useable landing area measured in feet from sea level.
3. APPROACH SURFACE - A surface longitudinally centered on the extended
runway centerline, extending outward and upward from the end of the primary
surface and at the same slope as the approach zone hei-ght limitation slope set
forth in Section IV of this Ordinance. In plan the perimeter of the approach
surface coincides with the perimeter of the approach zone.
4. APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES - These
zones are set forth in Section III of this Ordinance.
5. BOARD OF ADJUSTMENT - A board consisting of five (5) members appointed
by the City Council and Flathead County Commissioners as provided for in
Sections 67-4-312, 67-6-206 and 76-2-321 through 76-2-328 Montana Codes
Annotated.
6. CONICAL SURFACE - A surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance
of 4,000 feet.
7. HAZARD TO AIR NAVIGATION - An obstruction determined to have a
substantial adverse effect on the safe and efficient utilization of the navigable
airspace.
8. HEIGHT - For the purpose of determining the height limits in all zones set forth
in this Ordinance and shown on the zoning map, the datum shall be mean sea
level elevation unless otherwise specified.
9. HORIZONTAL SURFACE - A horizontal plane 150 feet above the established
airport elevation, the perimeter of which in plan coincides with the perimeter of
the horizonal zone.
Kalispell City Airport Page 2 of 10 Pages 1 1 /10/97
10. NONCONFORMING USE - Any pre-existing structure, object of natural growth,
or use of land which is inconsistent with the provisions of this Ordinance or an
amendment thereto.
11. NONPRECISION INSTRUMENT RUNWAY - A runway having an existing
instrument approach procedure utilizing air navigation facilities with only
horizontal guidance, or area type navigation equipment, for which a straight -in
nonprecision instrument approach procedure has been approved or planned.
12. OBSTRUCTION - Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in Section IV of this Ordinance.
13. PERSON - An individual, firm, partnership, corporation, company, association,
joint stock association or governmental entity; includes a trustee, a receiver, an
assignee, or a similar representative of any of them.
14. PRIMARY SURFACE - A surface longitudinally centered on a runway. When the
runway has a specially prepared hard surface, the primary surface extends 200
feet beyond each end of that runway; when the runway has no specially
prepared hard surface, or planned hard surface, the primary surface ends at
each end of that runway. The width of the primary surface is set forth in
Section III of this Ordinance. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway centerline.
15. RUNWAY - A defined area on an airport prepared for landing and takeoff of
aircraft along its length.
16. STRUCTURE - An object, including a mobile object, constructed or installed by
man, including but without limitation, buildings, towers, cranes, smokestacks,
earth formation, and overhead transmission lines.
17. TRANSITIONAL SURFACES - These surfaces extend outward at 90 degree
angles to the runway centerline and the runway centerline extended at a slope
of seven (7) feet horizontally for each foot vertically from the sides of the
primary and approach surfaces to where they intersect the horizontal and
conical surfaces.
18. TREE - Any object of natural growth.
19. UTILITY RUNWAY - A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
Kalispell City Airport Page 3 of 10 Pages 1 1 /10/97
20. VISUAL RUNWAY - A runway intended solely for the operation of aircraft using
visual approach procedures.
SECTION III: AIRPORT ZONES
In order to carry out the provisions of this Ordinance, there are hereby created and
established certain zones which include all of the land lying beneath the approach
surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply
to the Kalispell City Airport. Such zones are shown on the Kalispell City Airport Zoning
Map consisting of one sheet, prepared by a/
and dated a/ , which is attached to this Ordinance and
made a part hereof. An area located in more than one (1) of the following zones is
considered to be only in the zone with more restrictive height limitation. The various
zones are hereby established and defined as follows:
1. Utilily Runway Visual Approach Zone - The inner edge of this approach zone
coincides with the width of the primary surface and is 250 feet wide. The
approach zone expands outward uniformly to a width of 1,250 feet at a
horizontal distance of 5,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
2. Utility Runway Nonprecision Instrument Approach Zone - The inner edge of this
approach zone coincides with the width of the primary surface and is 500 feet
wide. The approach zone expands outward uniformly to a width of 2,000 feet
at a horizontal distance 5,000 feet from the primary surface. Its centerline is
the continuation of the centerline of the runway.
3. Transitional Zones - The transitional zones are the areas beneath the transitional
surfaces.
4. Horizontal Zone - The horizontal zone is established by swinging arcs of 5,000
feet radii from the center of each end of the primary surface of each runway
and connecting the adjacent arcs by drawing lines tangent to those arcs. The
horizontal zone does not include the approach and transitional zones.
5. Conical Zone - The conical zone is established as the area that commences at
the periphery of the horizontal zone and extends outward therefrom a horizontal
distance of 4,000 feet.
SECTION IV: AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance, no structure shall be erected, altered,
or maintained, and no'tree shall be allowed to grow in any zone created by this
Kalispell City Airport Page 4 of 10 Pages 11/10/97
structure would extend above the height limit prescribed for such
approach zones.
C. In the areas lying within the limits of the transition zones beyond the
perimeter of the horizontal zone, no permit shall be required for any tree
or structure less than seventy-five feet of vertical height above the
ground, except when such tree or structure, because of terrain, land
contour, or topographic features, would extend above the height limit
prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as
permitting or intending to permit any construction, or alteration of any structure,
or growth of any tree in excess of any of the height limits established by this
Ordinance except as set forth in Section IV, 5.
2. Existing Uses - No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use, structure, or tree
to become a greater hazard to air navigation than it was on the effective date
of this Ordinance or any amendments thereto or than it is when the application
for a permit is made. Except as indicated, all applications for such a permit shall
be granted.
3. N!2nconforming Uses Abandoned or Destroy?,d - Whenever the d/
determines that a nonconforming tree or structure has been
abandoned or more than 80 percent torn down, physically deteriorated, or
decayed, no permit shall be granted that would allow such structure or tree to
exceed the applicable height limit or otherwise deviate from the zoning
regulations.
4. Variances - Any person desiring to erect or increase the height of any structure,
or permit the growth of any tree, or use property, not in accordance with the
regulations prescribed in this Ordinance, may apply to the Board of Adjustment
for a variance from such regulations. The application for variance shall be
accompanied by a determination from the Federal Aviation Administration as to
the effect of the proposal on the operation of air navigation facilities and the
safe, efficient use of navigable air space. Such variances shall be allowed
where it is duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and relief granted, will not be contrary to the
public interest, will not create a hazard to air navigation, will do substantial
justice, and will be in accordance with the spirit of this Ordinance. Additionally,
no application for variance to the requirements of this Ordinance may be
considered by the Board of Adjustment unless a copy of the application has
been furnished to the e/ for advice as to the aeronautical effects
Kalispell City Airport Page 7 of 10 Pages 11 /10/97
of the variance. If the __ e/ does not respond to the application
within fifteen (15) days after receipt, the Board of Adjustment may act on its
own to grant or deny said application.
5. Obstruction Marking and Lighting - Any permit or variance granted may, if such
action is deemed advisable to effectuate the purpose of this Ordinance and be
reasonable in the circumstances, be so conditioned as to require the owner of
the structure or tree in question to install, operate, and maintain, at the owner's
expense, such markings and lights as may be necessary. if deemed proper by
the Board of Adjustment, this condition may be modified to require the owner
to permit the _ c/ at its own expense, to
install, operate, and maintain the necessary markings and lights.
SECTION Vlil: ENFORCEMENT
It shall be the duty of the f/ , to administer and
enforce the regulations prescribed herein. Applications for permits and variances shall
be made to the f/ upon a form published for
that purpose. Applications required by this Ordinance to be submitted to the
f/ shall be promptly considered and granted or
denied. Application for action by the Board of Adjustment shall be forthwith
transmitted by the f/
SECTION IX: BOARD OF ADJUSTMENT
1. There is hereby created a Board of Adjustment to have and exercise the
following powers: (1) to hear and decide appeals from any order, requirement,
decision, or determination made by the f/ . in
the enforcement of this Ordinance; (2) to hear and decide special exceptions to
the terms of this Ordinance upon which such Board of Adjustment under such
regulations may be required to pass; and (3) to hear and decide specific
variances.
2. The Board of Adjustment shall be as provided for in Sections 67-4-312, 67-6-
206 and 76-2-321 through 76-2-328 Montana Codes Annotated.
SECTION X: APPEALS
1. Any person aggrieved, or any taxpayer affected, by any decision made in the
administration of the Ordinance, may appeal to the Board of Adjustment.
2. All appeals hereunder must be taken within a reasonable time as provided by the
rules of the Board of Adjustment, filing with the f/ a
Kalispell City Airport Page 8 of 10 Pages 1 1 /10/97
Ordinance to a height in excess of the applicable height limit herein established for
such zone. Such applicable height limitations are hereby established for each of the
zones in question as follows:
1. Utility Runway Visual Approach Zone - Slopes twenty (20) feet outward for
each foot upward beginning at the end of and at the same elevation as the
primary surface and extending to a horizontal distance of 5,000 feet along the
extended runway centerline.
2. Utility Runway Nonprecision Instrument Approach Zone - Slopes twenty (20)
feet outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway centerline.
3. Transitional Zones - Slope seven (7) feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary surface and
-the approach surface, and extending to a height of 150 feet above the airport
elevation which is 3,546 feet above mean sea level. in addition to the
foregoing, there are established height limits sloping seven (7) feet outward for
each foot upward beginning at the sides of and at the same elevation as the
approach surface, and extending to where they intersect the conical surface.
4. Horizontal Zone - Established at 150 feet above the airport elevation or at a
height of 3,696 feet above mean sea level.
5. Conical Zone - slopes 20 feet outward for each foot upward beginning at the
periphery of the horizontal zone and at 150 feet above the airport elevation and
extending to a height of 350 feet above the airport elevation.
6. Excepted Height Limitations - Nothing in this Ordinance shall be construed as
prohibiting the construction or maintenance of any structure, or growth of any
tree to a height up to 50 feet above the surface of the land.
SECTION V: USE RESTRICTIONS
Notwithstanding any other provisions of this Ordinance, no use may be made of land
or water within any zone established by this Ordinance in such a manner as to create
electrical interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for pilots to distinguish between airport lights and
others, result in glare in the eyes of pilots using the airport, impair visibility in the
vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or
interfere with the landing, takeoff, or maneuvering of aircraft intending to use the
airport.
Kalispell City Airport Page 5 of 10 Pages 1 1 /10/97
SECTION IV: NONCONFORMING USES
1. Regulations Not Retroactive - The regulations prescribed by this Ordinance shall
not be construed to require the removal, lowering, or other change or alteration
of any structure or tree not conforming to the regulations as of the effective
date of this Ordinance, or otherwise interfere with the continuance of a
nonconforming use. Nothing contained herein shall require any change in the
construction, alteration, or intended use of any structure, the construction or
alteration of which was begun prior to the effective date of this Ordinance, and
is diligently prosecuted.
2. Marking and Lighting - Notwithstanding the preceding provision of this Section,
the owner of any existing nonconforming structure or tree is hereby required to
permit the installation, operation, and maintenance thereon of such markers and
lights as shall be deemed necessary by the b/ to
indicate to the operators of aircraft in the vicinity of the airport the presence of
such airport obstruction. Such markers and lights shall be installed, operated,
and maintained at the expense of the c/
SECTION V1I: PERMITS
1. Future Uses - Except as specifically provided in a, b, and c hereunder, no
material change shall be made in the use of land, no structure shall be erected
or otherwise established, and no tree shall be planted in any zone hereby
created unless a permit therefore shall have been applied for and granted. Each
application for a permit shall indicate the purpose for which the permit is
desired, with sufficient particularity to permit it to be determined whether the
resulting use, structure, or tree would conform to the regulations herein
prescribed.— If such determination is in the affirmative, the permit shall be
granted. No permit for a use inconsistent with the provisions of this Ordinance
shall be granted unless a variance has been approved in accordance with
Section VI1, 4.
a. In the area lying within the limits of the horizontal zone and conical zone,
no permit shall be required for any tree or structure less than seventy-five
feet of vertical height above the ground, except when, because of terrain,
land contour, or topographic features, such tree or structure would
extend above the height limits prescribed for such zones.
b. In areas lying within the limits of the approach zones, but at a horizontal
distance of not less than 4,200 feet from each end of the runway, no
permit shall be required for any tree or structure less than seventy-five
feet of vertical height above the ground, except when such tree or
Kalispell City Airport Page 6 of 10 Pages 1 1 /10/97
notice of appeal specifying the grounds thereof. The f/
shall forthwith transmit to the Board of Adjustment all the
papers constituting the record upon which the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of the action appealed from
unless the f/ , certifies to the Board of
Adjustment, after the notice of appeal has been filed with it, that by reason of
the facts stated in the certificate a stay would in the opinion of the
f/ - cause imminent peril to life or property. In such
case, proceedings shall not be stayed except by order of the Board of
Adjustment or notice to the f/ and on due
cause shown.
4. The Board of Adjustment shall fix a reasonable time for hearing appeals, give
public notice and due notice to the parties in interest, and decide the same
within a reasonable time. Upon the hearing, any party may appear in person or
by agent or by attorney.
5. The Board of Adjustment may, in conformity with the provisions of this
Ordinance, reverse or affirm, in whole or in part, or modify the order,
requirement, decision, or determination appealed from and may make such
order, requirement, decision or determination as may be appropriate under the
circumstances.
SECTION XI: JUDICIAL REVIEW
Any person aggrieved, or any taxpayer affected, by any decision of the Board of
Adjustment, may appeal to the appropriate Court as provided in the Public Laws of the
State of Montana.
SECTION XII: PENALTIES
Each violation of this Ordinance or of any regulation, order, or ruling promulgated
hereunder shall be prosecuted in compliance with Montana Codes Annotated, Title 67,
Chapters 4, 5, and 6.
SECTION XIII: CONFLICTING REGULATIONS
Whefe there exists a conflict between any of the regulations or limitations prescribed
in this Ordinance and any other regulations applicable to the same area, whether the
conflict be with respect to the height of structures or trees, and the use of land, or any
other matter, the more stringent limitation or requirement shall govern and prevail.
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SECTION XIV: SEVERABILITY
If any of the provisions of this Ordinance or the application thereof to any person or
circumstances are held invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision
or application, and to this end, the provisions of this Ordinance are declared to be
severable.
SECTION XV: EFFECTIVE DATE
WHEREAS, the immediate operation of the provisions of this Ordinance is necessary
for the preservation of the public health, public safety, and general welfare, an
EMERGENCY is hereby declared to exist, and this Ordinance shall be in full force and
.effect from and after its passage by the and
publication and posting as required by law. Adopted by the Flathead County
Commissioners and the City Council of Kalispell City this day of
GAKAUSPELL20ROXAL
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