Loading...
CUP Digital Skylines/Verizon WirelessReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 201100003041 I of 2 IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�III�IIIIIIIIIIIIN Fpage: IIIIIIIIIIIIII ees: $14,00 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 1II II III H H IIII II II II III Page02 of 2041 Fees: $14.00 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