12/21/98 Ferguson/Proposed Zone Change, Daley FieldFAX xl(j 4064442513
P.
Montana Department Aeronatres Division
of Transportation 2630 Airpon Road
PO Gox 5178
December 21, 1998 Hatena, Mr 59664-5178
Mr. Steve Kountz, Senior Planner
Flathead Regional Development Office
723 51h Avenue East —Room 414
Kalispell, MT 59901
File: Kalispell
Dear Mr. Kountz:
Ph ne r40614442506
FAX (406) 444.2519
Marc Recicot, Governor
This letter is submitted as written comment to the proposed zoning change amendment at
Daly Field Subdivision along the west side of Highvti,ay 93.
Montana Aeronautics is opposed to any land use change that would allow commercial
'development closer to the airport without consideration of current airport operations or
future changes to airport configurations. Our objections are based on the understanding
that the proposed zoning change determines land use patterns, while ignoring height
restrictions that are necessary to protect airspace in accordance with current
recommended Federal Aviation Administration guidelines. Although Chapter 4 of
Aeronautics Title 67, MCA, provides for regulation of heights around airports, airport
sponsors such as the City of Kalispell ignore enforcement because it does not establish
zoning authority. In addition, the height regulations in Chapter 5 are not in conformance
with current federal law, Federal Aviation Regulations, Part 77, Objects A%cting
Navigable Air Space. Airport zoning and height restriction requirements in accord with
Part 77 and state statues Chapter 4 and Chapter 6 have been under consideration by the
City of Kalispell and on December 10, 1998 have been requested by the Kalispell City
Airport Advisory Board to be adopted.
Further, the City of Kalispell on behalf of the Kalispell City Airport has contracted for an
Airport Master Plan Study to determine the future requirements of the airport. It would
be unwise to adopt a zoning amendment affecting airport property and airspace
requirements until the future configuration of the Kalispell City Airport is determined in
'the course of the Master Plan Study.
In conclusion, we recommend any decision be delayed until the completion of the
Kalispell City Airport Master Plan is completed or until airport land use and height
restriction zoning ordinances be adopted.
Sincerely,
;Michael D. Ferguson, Administrator
Aeronautics Division
Redge R. Meierhenry, Chief
Airport/Airways Bureau
Cc: Kalispell City Airport Advisory Board
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