05/07/04 Memo Airport Overlay ZoneCity of Kalispell
Zoning Administrator
248 3'� Avenue East —Kalispell, MT 59901— Telephone (406) 758-7732 — Fax (406) 758-7739
J)_I__ U l ' • 1
TO: NARDA WI SON, TRI-CITY PLANNING OFFICE
FROM: Pi SORENSEN, ZONING ADMINISTRATOR
DATE: MAY 7, 2004
RE: AIRPORT OVERLAY ZONE
Attached are a transmittal letter, a map containing 3 options for Airport Influence Zone
boundaries, and a disk containing the text for the airport overlay zone, all of which were recently
sent by Phil Porrini of Peccia & Associates. The disk does not include the maps which attach to
the text, but I believe you should already have a copy of those. Knot, let me know and I will get
some for you.
At this point, I think that most of the issues have been resolved. We may want to look
closely at the language related to the county, particularly where the City Board of Adjustment
would handle variances in the county. While that provides some cohesion throughout the zone
and provides some measure of control to the City in the county areas around the airport, I'm not
sure that we could extend the Board's authority outside of our jurisdictional area even if the
County signed off on it. Politically, I think we may be asking for trouble. The bottom line for
me is that it may be better to have the County handle its jurisdictional area and for us to handle
ours.
The other area which may need to be addressed is the Real Estate Disclosure Statement.
The transmittal letter discusses various options. It is my feeling that requiring the disclosure for
properties directly affected by height limitations due to various protective surfaces (i.e. those
properties where the maximum allowable height under the airport regulations is less than the
allowable height under zoning, typically 40 feet) would be a good balance.
As we discussed earlier, public notice requirements as the proposal is moved through the
planning process may be significant, and may include hiring a title company to put together a
property owners list. Chris stated that the airport budget should pay for it. If we promptly move
it through, there is some grant money available to us that we will become eligible for. There is a
possibility that some of those funds could be used to reimburse those expenses.
At some point, probably before the public hearing at the Planning Board, it would be
helpful to have a joint work session for the Board and the Council with Phil Porrini so that
everyone can better understand the complexities involved.
I know you are busy over there right now, but it would be great if we could move this
through the process as soon as we reasonably can. Is the July or August planning board meeting
possible? Please let me know what you anticipate for a timetable and whether there is anything
else you need. Thanks!
Cc: Chris Kukulski; Patti Heath