3. Resolution 5319 - Outdoor Lighting Standards CompliancePlanning art ent
201 lst Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalis]2ell.com/planning
REPORT TO: Honorable Mayor and City Council
FROM: Tom Jentz, Director
Myrt Webb, Interim City Manager
SUBJECT: Outdoor Lighting Resolution/Retroactivity
STING BATE: November 3, 2008
BACKGROUND: When the Outdoor Lighting "Dark -Skies" Ordinance (Section
27.22.104) was approved by the Council in August 2005, one of the issues discussed
related to a requirement that non -conforming commercial lighting be brought into
compliance by January 1, 2009. This part of the provision applies only to commercial
lighting; it does not apply to single-family homes or duplexes. The provision related
only to full cut-off futures and lamps; it does not affect light pole heights or locations.
It requires any business which does not have full cut-off fixtures (i.e. fully shielded) to
replace their existing fixtures. In the final version, the Council included an
amendment which allowed two one-year extensions. The ordinance states that
extensions "are to be considered by the Kalispell City Council based upon a specific
hardship and upon written request."
Over the course of the last year, we assembled a general inventory of businesses with
lighting issues. We contacted each of the businesses to let them know about the
requirement, and included a pamphlet describing the types of fixtures needed as well
as our contact numbers for any questions. Former Code Enforcement Officer Paul
Jacobs worked with many of the businesses on the list and some have already
brought their lighting into compliance. We have also begun to receive some questions
about the extensions, and have 2 written requests (one from Home Depot, another
from Mountain View Plaza) for extensions.
At the current time compliance with new construction has been excellent but existing
business retro-fits still lag behind. We estimate that about 80 businesses still need to
make some kind of adjustment and as you will note on the calendar, we have only
about 2 months until the compliance date. Staff has prepared a second mailer for the
80 or so businesses that are still not in compliance to remind them of their
responsibility. However, in sending out the letter we wanted to be able to be specific
about the extension language. The ordinance itself is very general as to how
extensions should be processed. The council held a work session on October 20 to
discuss the specific procedures and standards to be used. Staff' was directed to
prepare a resolution providing for a blanket one-year extension. Staff was also
directed to keep the council appraised as to the progress these businesses made
towards compliance. Based on that, staff and council would hold a work session next
spring to lay out policy as to what criteria would be acceptable for a hardship
extension should some businesses still not be in compliance.
RECOMMENDATION: A motion to approve the resolution would be in order.
FISCAL EFFECTS: Minor positive fiscal impacts can be expected.
ALTERNATIVES: As suggested by the council.
Respectfully submitted,
Tom J ntz
Director
Report compiled October 27, 2008
C: Theresa White, Kalispell City Clerk
MAWebb//
Interim City Manager
RESOLUTION NO.5319
A RESOLUTION GRANTING A ONE YEAR EXTENSION TO JANUARY 1, 2010 FOR
COMMERCIAL NONCONFORMING LIGHTING TO COME INTO COMPLIANCE
WITH ORDINANCE NO. 1563 CODIFIED AS KALISPELL CITY CODE 27-22A-070.
WHEREAS, the Kalispell City Council passed Ordinance No. 1563 on February 6, 2006,
requiring, among other things, that lighting for commercial uses including, but not
limited to, parking lot and building lighting to be brought into compliance with
those provisions of the ordinance relating to full cutoff fixtures and/or lamps by
January 1, 2009; and
WHEREAS, the Kalispell City Council has considered the costs of such compliance along with
the current national and local economic conditions and has determined that it
would be in the best interests of the business community and the City to extend
the date for noncompliant commercial lighting uses to come into compliance with
the lighting standards for one additional year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Pursuant to Ordinance No. 1563, codified as Kalispell City Code 27-22A-
070, lighting for commercial uses including, but not limited to, parking lot
and building lighting that does not conform to these regulations shall be
brought into compliance with those provisions relating to full cutoff
fixtures and/or lamps by January 1, 2010.
SECTION II. This Resolution shall be effective immediately upon passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 3RD DAY OF NOVEMBER, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk