CUP Digital Skylines/Verizon WirelessReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
201100003041
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Paula Robinson, Flathead County MT by NC 2/8/2011 4:01 PM
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT:
Kevin Howell
Digital Skylines, Inc. representing Verizon Wireless
11340 N. 105th Place
Scottsdale, AZ 85259
LEGAL DESCRIPTION: Certificate of Survey No. 3537 located in the southwest quarter of the
northeast quarter of Section 20, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
ZONE:
Industrial -Business, B-5
The applicant has applied to the City of Kalispell for a conditional use permit to construct and
operate an 80-foot cellular communication tower and an equipment building at 139 Kelly Road in the
Industrial -Business, B-5, zoning district.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
January 11, 2011, held a public hearing on the application, took public comment and recommended that
the application be approved subject to eight conditions.
After reviewing the application, the record, the KPD report, and after duly considering the matter,
the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts
Kalispell Planning Department Conditional Use Report #KCU-10-7 as the Council's findings of fact, and
issues and grants to the above -described real property a conditional use permit to construct and operate an
80-foot cellular communication tower and an equipment building at 139 Kelly Road in the Industrial -
Business, B-5, zoning district subject to the following conditions:
That the proposal will be developed in substantial conformance with the approved site plan which
shall govern the location of the tower and access.
2. A storm water permit shall be submitted to the Kalispell Public Works Department for review and
approval prior to the issuance of a building permit. The approved storm water plan shall be
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Paula Robinson, Flathead County MT by NC 2/8/2011 4:01 PM
incorporated into the design of the cell tower facility.
The Kalispell Building Department and the Kalispell Fire Department shall review and approve
the building plans and fire suppression system for compliance with the applicable building and
fire codes.
4. Prior to issuance of a building permit for the facility the applicant shall receive approval of the
wall design and colors from planning department staff.
5. Upon completion of the cell tower the applicant or cell tower owner shall provide an engineer's
certification of structural safety for the tower to the Kalispell Building Department.
6. No outdoor lighting is permitted on the lease site.
7. This permit is valid for a period of 18 months after which time it will terminate if commencement
of authorized activity has not begun. Activity can be demonstrated by a continuous, good faith
effort to secure financing, permits, engineering and design.
Should the tower be abandoned or cease to operate for a period of 180 days, the tower shall be
removed at the expense of the owner. It shall be the responsibility of the structure/tower owner to
promptly notify the city if a facility is abandoned or ceases operation. ,
Dated this 7th day of February, 2011.
Tammi Fisher
Mayor
STATE OF MONTANA
ss
County of Flathead )
On this day of February, 2011 before me, a Notary Public, personally appeared Tammi
Fisher, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and
year first above written.
Printed Name:
Notary Public, State of Montana
Residing at Kalispell, Montan
My Commission Expires a -7 �/-3