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7. Conditional Use Permit - Esi Montana IncFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Conditional Use Permit - ESI Television Broadcasting Station MEETING DATE: March 6, 2000 BACKGROUND: This is a request for a conditional use permit to operate a television broadcast station in the western one-third of an existing building located at the south end of Eighth Ave. W.N. on property zoned I-1, Light Industrial. It is noteworthy that there was some controversy related to the staff recommendation for paving of the alley to the east of this property which serves as the sole means of egress from the parking lot. The planning board is recommending that this condition be deleted. The planning board held a public hearing on this matter at their regular February 8, 2000 meeting and voted six to one in favor of forwarding a recommendation for approval to the city council. RECOMMENDATION: A motion to approve the conditional use permit would be in order. FISCAL EFFECTS: Some minor positive effects. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: February 17, 2000 Attachments: Letter of transmittal Staff report KCU-00-01 and back-up materials Draft 2/08/00 planning board minutes Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: West North Management, Inc. PO Box 4738 Butte, MT 59702-4738 LEGAL DESCRIPTION: Use of an existing building for a television broadcast station in an I-1, Light Industrial zoning district, located at the southern terminus of Eighth Avenue West North on the east side of the street approximately 600 feet south of Idaho Street, and further described as Lot 7 and the South half of Lot 8, Block 155, Kalispell Addition One located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: I-1, Light Industrial Esi Montana, Inc. has applied to the City of Kalispell for a conditional use permit to allow an existing building to be used as a television broadcast station. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on February 8, 2000 held a public hearing on the application, took public comment and recommended that the application be approved subject to four conditions. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-00-1 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to use an existing building as a television broadcast station in the I-1, Light Industrial zoning district subject to the following conditions: SECTION I. 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be addressed prior to occupancy of the building. 1 2. That a drainage plan be prepared in accordance with the Kalispell Design and Construction standards and be reviewed and approved by the Kalispell Public Works Department which may include the installation of curb and gutter in front of the property. 3. That the landscaping be installed substantially as proposed on the site plan and be reviewed and approved by the zoning administrator. 4. That the portion of the building designated as cold storage not be occupied with any other use unless adequate parking can be provided. SECTION II. The conditional use permit shall terminate 18 months from the date of authorization of commencement if the authorized activity has not begun. Dated this day of STATE OF MONTANA ) : ss County of Flathead ) 2000. Wm. E. Boharski Mayor On this day of , 2000, before me, a Notary Public, personally appeared Wm. E. Boharski, 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 he 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. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires 2 Flathead a '® a Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 February 18, 2000 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - ESI Television Broadcast Station Dear Chris: The Kalispell City -County Planning Board met on February 8, 2000, and held a public hearing to consider a request by ESI Broadcasting for a conditional use permit for the operation of a television broadcast station in a portion of an existing building. The building is located at 65 Eighth Avenue West North. Narda Wilson of the Flathead Regional Development Office presented staff report KCU-00-01 evaluating the conditional use permit proposal. The staff recommended approval of the application subject to seven conditions. At the public hearing Lynn Flemming and Jean Johnson spoke in favor of the application. Johnson stated that the conditions for pavement and painting were unreasonable due to the fact that ESI is leasing the building and asked that they be deleted. The board discussed the request and reviewed the criteria. A motion was made and passed on a vote of six in favor and one opposed, to adopt staff report KCU-00-01 as findings of fact and recommend approval of the conditional use permit subject to the conditions as amended by the board and shown in Attachment A. This matter is being forwarded to the Kalispell City Council for consideration at their March 6, 2000 regular meeting. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely Kalispell City -Counter Planning Board eg ven -- Vice sident GS/NW/tl Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • ESI Broadcasting Conditional Use Permit February 18, 2000 Page 2 Attachments: Attachment A FRDO staff report KCU-00-01 and application materials Draft minutes 2/8/00 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: West North Management, Inc., P O Box 4738, Butte, MT 59702-4738 Lynn Fleming, P O Box 2407, Kalispell, MT 59903-2407 H: \FRDO\TRANSMIT\KALISPEL\2000\KCUOO-01.DOC ESI Broadcasting Conditional Use Permit February 18, 2000 Page 3 ATTACHMENT A ESI BROADCASTING CONDITIONAL USE PERMIT AMENDED CONDITIONS OF APPROVAL FEBRUARY 8, 2000 The following list of conditions are recommended by the Kalispell City -County Planning Board in association with the proposed conditional use permit: 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be addressed prior to occupancy of the building. 2. That a drainage plan be prepared in accordance with the Kalispell Design and Construction standards and be reviewed and approved by the Kalispell Public Works Department which may include the installation of curb and gutter in front of the property. IN N 4. That the landscaping be installed substantially as proposed on the site plan and be reviewed and approved by the zoning administrator. 5. Tha-t the eidsting sign advertising business longer- in the building be a4th the oil drum aiad other- miseellaneous a ne r-emeved aleng items the baek the the of the building be painted. at of alley, and exterier- 6. That the portion of the building designated as cold storage not be occupied with any other use unless adequate parking can be provided. 7. That the conditional use permit shall terminate 18 months from the date of authorization of commencement if the authorized activity has not begun. BOARD DISCUSSION Garberg stated that this is an excellent project, he has previously been a neighbor to Flathead Industries and they are excellent neighbors. Johnson asked and was answered that they agreed with all of the conditions. MOTION Mann moved and Hines seconded to adopt staff report KCU-99- 12 as findings of fact and, based on these findings, recommend that the Kalispell City Council approve the conditional use permit to allow the construction of an eight -unit apartment complex subject to the conditions as outlined in the report. On a roll call vote all members voted Aye. The motion to recommend approval of the conditional use permit passed unanimously. ESI BROADCASTING A request by ESI Broadcasting for a conditional use permit to CONDITIONAL USE allow the operation of a television broadcast station in an PERMIT existing building located at 65 Eighth Avenue West North. Johnson removed himself from the board due to a conflict. STAFF REPORT Wilson gave a presentation on staff report KCU-00-1 in which staff recommends approval of the conditional use permit subject to seven conditions. She stated that this is an existing building and the area is zoned light industrial. Wilson stated that the regulations are somewhat dated, expecting television and radio broadcasting would require some large communications tower. This broadcast station would use satellite dishes. The parking is the biggest challenge of this proposal. There was one person that questioned the application but those concerns must have been addressed as they have not communicated further and are not at the meeting. This project will improve the property and the area. PUBLIC HEARING The public hearing was opened to those who wished to speak in favor of the petition. PROPONENTS Lynn Flemming, General Manager, spoke in favor of the application. She stated that ESI Montana wants to add a station to the Valley, KESI channel 21 that is oriented to the valley. This location allows an ideal link to their microwave tower on Lone Pine. She expressed thanks to the board and staff for their efforts. Jean Johnson spoke in favor of the application stating that the applicants want conditions three and four deleted. The applicants are leasing the building and based on the traffic and the cost involved they do not want to have to pave the alley. Given that they are leasing the building, they should not have to paint the building. The sign and oil drums have been Kalispell City -County Planning Board February 8, 2000 Meeting Minutes Page 8 of 11 removed. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Heinecke asked and was answered that they are only renting the west 1/3 of the building. Johnson explained that the owner of this property also owns the property across the street and they could use that property for parking in order to meet the parking requirements if there were expansion. Mann asked why tenants should be required to meet these parking requirements, and Wilson explained that because this is a conditional use permit they are required to comply with zoning and the parking condition would bring them into substantial compliance with the zoning. Wilson explained that because of the system that Kalispell has currently, the only mechanism that triggers these requirements is the conditional use permit or a building permit. This is not necessarily a perfect system but it is the system that the board is required to work under. Stevens asked and Fleming answered that three of the bays could be used for parking but they would still have to meet the other parking requirements. Stevens asked and Johnson answered that they could use the bays for inside parking. Rice stated that as a planning board they should consider good planning and get the applicants to comply as much as possible with zoning. But he does not see the need for paving of the alley. Stevens stated that it is the little guy that gets tattooed. Stream can come in and get four million dollars from the city, but a little guy comes in and the Board and City and County create all of these obstacles. He has a bad feeling that they would be creating obstacles by placing these conditions. It should not be a new business that is taxed with improving the city. Garberg stated that these are tenants and should not be required to put in capital improvements. Wilson answered that staff is not saying that the tenants would have to make those improvements. Ek stated that if the landlord would make those improvements without costing the tenants then that would be one thing. He Kalispell City -County Planning Board February 8, 2000 Meeting Minutes Page 9 of 11 is against the paving of the alley. Stevens recapped that he thinks they could use the bay doors as access for inside parking and should not require paving of the alley and they should not have to paint the building. Rice stated that if it were a new building they would require paving. Hines asked and Wilson answered that it is required that all parking areas be paved. PJ Sorensen, Kalispell Zoning Administrator, stated that they have applied the policy by requiring paving at the time that a building permit or conditional use permit comes in. He stated that the condition doesn't set who would pay for it. Ek asked and Sorensen answered that the sole egress is through the alley and that is why the paving is in the conditions. Johnson stated that there is a 12-foot concrete apron out of a 35-foot area, in reality these people will not open these big doors in order to park inside. Stevens stated that there could be a turn around area. Wilson stated that there are options to change the conditions of approval. The board could delete the recommendation to pave the alley or pave a portion of the alley adjoining the property. Hines asked and Fleming answered that the owners have not agreed to the cost of paving. MOTION Mann moved and Heinecke seconded to adopt staff report KCU- 00-1 as findings of fact and, based on these findings, recommend that the Kalispell City Council approve the conditional use permit to allow the operation of a television broadcast station subject to the conditions, amended as follows: Delete conditions three and five. On a roll call vote: Garberg, Hines, Stevens, Mann, Ek and Heinecke voted Aye. Rice voted No. The motion to recommend approval of the conditional use permit passed on a vote of six in favor and one opposed. Johnson returned to the board. OLD BUSINESS The recording secretary forgot the certificate for Brenneman and will have it at the next meeting. Kalispell City -County Planning Board February 8, 2000 Meeting Minutes Page 10 of 11 ESI / WEST NORTH MANAGEMENT, INC. FLATHEAD REGIONAL DEVELOPMENT OFFICE CONDITIONAL USE PERMIT REPORT #KCU-00-1 FEBRUARY 1, 2000 A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow a television broadcast station. A public hearing to review this request has been scheduled before the planning board on February 8, 2000, 1999, in the Kalispell City Council Chambers beginning at 7:00 PM. The planning board will forward a recommendation to the City Council for final action. BACKGROUND INFORMATION A. Petitioner: West North Management, Inc. P.O. Box 4738 Butte, MT 59702-4738 (406) 723-3363 Technical Assistance: Lynn M. Fleming P.O. Box 2407 Kalispell, MT 59901-2407 (406) 756-6527 B. Summary of Request: This is a request is for a conditional use permit to allow the reuse of an existing building for a television broadcast station in an I-1, Light Industrial, zoning district. The broadcast station would lease approximately half of the existing building to locate a corporate headquarters for four new television stations, two in Kalispell and two in Missoula. There would be three satellite dishes located at ground level which are approximately six feet wide and nine feet tall and then an approximate two foot wide microwave dish located on the side or roof of the building. Parking would be located on the south side of the building with one way in from Eighth Avenue W.N. existing through the alley. There would be a maximum of five employees at the site with most of the advertising and other business being conducted outside of the building. C. Size and Location: This property contains approximately one and one-half city lots and is approximately 75 feet wide and approximately 142 or 10,650 square feet in size. The property is located at the southern terminus of Eighth Avenue W.N. on the east side of the street approximately 600 feet south of Idaho Street in Kalispell. The property can be described as Lot 7 and the South half of Lot 8, Block 155, Kalispell Addition One located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. D. Existing Land Use and Zoning: This property is currently developed with what appears to be an older, large metal building that has a concrete foundation and few interior walls. The building is approximately 40 feet wide and 120 feet long and is approximately 4,800 square feet. There are three overhead doors on the south side of the building. Currently the building is unoccupied. The applicants would use approximately have of the interior space or 2,160 square feet for offices with the remaining portion of the building being used as cold storage. Some interior remodeling of the building is anticipated in order to create the needed office space. The property is zoned I-1, Light Industrial, which lists radio and television broadcast stations as a conditionally permitted use. E. Surrounding Zoning and Land Uses Zoning: The immediate area surrounding this property could be described as a mix of commercial and industrial uses. The railroad tracks are to the south of this site approximately 400 feet. North: Repair shop, I-1 zoning South: Industrial equipment and supply shop, I-1 zoning East: Business, I-1 zoning West: Building supplies sales, County I-1 zoning F. Master Plan Designation: The Kalispell City County Master Plan Map designates this area as light industrial largely because of this area's proximity to the railroad tracks and the traditionally industrial type uses in this area. This proposal is in compliance with the land use designation of the master plan map. G. Utilities/Services: Sewer service: Water service: Solid Waste: Gas: Electric: Phone: Police: Fire: Schools: City of Kalispell City of Kalispell City of Kalispell Montana Power Company Pacific Power CenturyTel City of Kalispell Kalispell Fire Department School District #5, Kalispell EVALUATION OF THE REQUEST The application is reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Space: The site has marginally adequate space to meet the parking and landscape requirements of the zoning. The use of the parking area on this site will be fully occupied by this use while the remaining portion of the building will need to be limited to storage space. If at some point the remaining portion of the building is occupied by another use, adequate parking to accommodate that use will need to be provided. b. Adequate Access: Access to the site is by way of an existing City street, Eighth Avenue West, a paved street which does not have curb, gutter or sidewalks. Access will be taken from Eighth Avenue W.N. one way into the parking lot on the south side of the building and will exit into the alley along the east side of the property which connects to West Montana Street. The alley is currently unpaved and the staff would recommend that the alley be paved because provides primary access to the site as the sole means of egress. C. Environmental Constraints: The site is level, and no floodplain, surface water, wetland, or hydric soils are mapped on the site. An engineered drainage plan will need to be prepared and submitted to the Kalispell Public Works Department which addresses the on -site retention of stormwater. No significant environmental constraints are apparent on the property. 2. Appropriateness of design: a. Parking and site .ir . ul ion: The site plan shows six parking spaces within the parking lot located on the south side of the building, one of which is a handicapped space. The Kalispell Zoning Regulations require one parking space per 400 square feet of office space. There is 2,160 square feet of space indicated on the site plan or the need for five parking spaces. There is adequate space on the site to provide for one-way traffic and parking located along the south side of the building. Section 27.26.030(2)(e) of the zoning regulations does not allow parking in the front or side yard setback areas. In this case parking would be limited to the south side of the building. A portion of the parking lot is gravel which will be required to be paved in accordance with City zoning requirements found under Section 27.26.030(3). The limited parking area on the south side of the building necessitates one-way through traffic onto an unpaved alley. Staff would recommend that since this is the sole means of egress from the site, that the alley be paved. b. Open Space: No specific open space requirements exist in the zoning regulations for a development of this type. This building does not meet the setback requirements of the I-1 of 20 feet in the front (14 feet current exists), 10 feet on the sides (appears to be five feet more or less), and 10 feet in the rear. The building is non -conforming with regard to setbacks. Modifications can be made to the building provided it does not increase its non -conformity. Interior modifications would not be limited. C. Fencing./ Screening./ Landscaping: Section 27.26.030(4) requires that a minimum of five percent landscaping be installed. This landscaping is being proposed near the front -of the building and also along the southwest corner of the building where the satellite dishes and snow storage area will be located. Screening is not required with this property because it does not adjoining any areas which are residentially zoned. A chain link fence exists on the south side of the property boundary that extends the full length of the property. This fence is apparently owned by the property owner to the south since it extends the entire length of that property. d. Signa: No specific sign proposal has been submitted, but noted that there would be a sign in the window and possibly in the landscape area. A sign permit would be required. 3. Availability of Public Services/Facilities: a. Schools: This site is within School District #5. No impact is anticipated from the proposed project. 3 b. Parks and Recreation: There are no City parks within walking distance of the site. Impacts to the City are anticipated to be minimal. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use of this site. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from the proposed residential facility. Building access as well as the building construction for the remodel proposed will need to meet the applicable building and fire code requirements. e. Water and sewer: Water and sewer will be provided by the City and there are existing connections. f. Solid Waste: Solid waste pick-up will be provided by the City. Trash enclosures are placed in the alley and will be used by the occupants. g. Streets: Eight Avenue W.N. and the alley to the east will provide the primary access to the site. The traffic anticipated to be generated from this use would be limited. There is no direct customer service and goods being sold from the site. The alley to the east is not paved. Staff would recommend that the alley serving the parking lot city be paved since it would provide the sole egress from to the site. 4. Neighborhood Impacts: Impacts associated with this proposal are anticipated to be limited to occasional traffic. It might be assumed that the zoning regulations have not anticipated the recent development in broadcasting and satellite technology that does not rely on large obtrusive towers to transmit from. No impact from smoke, fumes, gas, odors, or inappropriate hours of operation are anticipated beyond the norm of an anticipated in a light industrial area. A notice of public hearing was mailed to property owners within 150 feet of the site approximately 15 days prior to the hearing. As of this writing, staff has -received no comments from neighbors on the proposal. 5. Consideration of historical use patterns and recent changes: The proposal is compatible with the immediate area which has been industrial in the past and currently has heavy equipment sales and service, a lumber yard, repair shops and other uses requiring some type of storage and workshop area. The proposed use is consistent with other uses in the area and the character of the area. 6. Effects on property values: No significant negative impacts on property values are anticipated. If needed improvements are made to the building and site, property values may be improved. 4 Staff recommends that the Planning Board of fact and recommend to the City Council subject to the following conditions: adopt the staff report #KCU-00-1 as fmdings that the conditional use permit be approved The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be addressed prior to occupancy of the building. 2. That a drainage plan be prepared in accordance with the Kalispell Design and Construction standards and be reviewed and approved by the Kalispell Public Works Department which may include the installation of curb and gutter in front of the property. 3. That the alley behind the property and serving the parking lot as the sole means of egress be paved in accordance with a plan approved by the Kalispell Public Works Department. 4. That the landscaping be installed substantially as proposed on the site plan and be reviewed and approved by the zoning administrator. 5. That the existing sign advertising a business no longer in the building be removed along with the oil drum and other miscellaneous items at the back of the alley, and the exterior of the building be painted. 6. That the portion of the building designated as cold storage not be occupied with any other use unless adequate parking can be provided. 7. That the conditional use permit shall terminate 18 months from the date of authorization of commencement if the authorized activity has not begun. 5 APt entertainment =ation � N = .4 L KE50-TV KEX/--TV P.O. Box 2407 Kalispell, MT 59903-2407 r a u ry 7, 2000 (406) 756-6527 (406) 756-9557 / Fax To: Flathead Development Planning Council and the City Council of Kalispell Esi Montana, Inc. is submitting this application for your consideration. We are requesting a conditional use permit for the property 65 8th Ave. W.N. (Legal Description: T 28 N. - R. 21 W.- Section 18 - Kalispell Addition One - Lots 7 and 1/2 of Lot 8 on Block 155). 7 Esi Montana, Inc. is a Montana corporation in the business of television broadcasting. We will have our corporate headquarters in Kalispell and are starting four new television stations, two in Kalispell (KESI-TV Ch.22 and KEXI-TV Ch. 24) and two in Missoula (KGW-TV Ch.46 and KHY-TV Ch.49). Our plans are to be on the air around March 15, 2000 with our first Kalispell station KESI-TV Ch. 22, with the second station KEXI-TV Ch. 24 to follow about four months later. We are doing an interior remodel of the existing building at 65 8th Ave. W.N. and all business and television programming and production will be done at that address. We are installing 3 satellite dishes at ground level which are 6.23 ft. wide and 9 feet tall and mounting a microwave dish (2 feet wide) to the side or roof of the building, which will be no higher that the height of the building. All of our towers and transmitters will be at our transmitting site at Lone Pine. Most of our advertising business is done outside of the office so there will not be an increase in traffic other than our employees (no more than 5) going to and from work. We would have few visitors to the building and only for a limited time. We submit this application for your consideration and hope you approve the conditional use permit. Esi Montana, Inc. is very excited to be bringing two new television channels to the Kalispell area and in maintaining our corporate headquarters here. Best Regards, T Lynne M. Fleming General Manager esi Montana, Inc. S "The Advertisers best buy in the Biq Sky- KES/--TV KEX/--TV P.O. Box 2407 Kalispell, MT 59903-2407 (406) 756-6527 (406) 756-9557 / Fax Flathead Regional Development Office Application for Conditional Use Permit Question 3: a.TRAFFIC FLOW & CONTROL The property 65 8th Ave. W. N. is at a dead end street with turn around space provided for trucks/cars off alley. We will have only a small number of employees (up to 5) so traffic will be them going to and from work. We would have few visitors to the building and only for a limited time. Most of our advertising business is done outside of the office. The flow of traffic would be off 8th Ave. W.N. through our parking area and out alley to Montana Street. b. ACCESS & CIRCULATION WITHIN THE PROPERTY: We have street access off 8th Ave. W.N. .& ... circulation would be..... employees would pull into the west end of parking lot off 8th Ave. W.N., park and then leave going east to back alley turn left and go to Montana Street. c. PARKING AND LOADING ACCESS All employee parking would be on the south end of the building and loading would be at the back entrance, side entrance or front entrance. d. REFUSE AND SERVICE AREAS: Garbage - City Garbage - service area would be East side of building in the back off alley. e.UTILITIES: Gas - electric - sewer & water. f_ SCREENING & BUFFERING None in existance. g. SIGNS, YARDS AND OTHER OPEN SPACES. No signage other than in windows and open space will be parking and satellite dishes. h. HEIGHT, BULK AND LOCATION OF STRUCTURES: The existing building has a 14' eave, it's 40' wide X 122' 4" Long with a 2/12 roof - peak @ 174". However we are only using 40' X 50' for our offices, master control and studio. The rest of the building 40' X 72' is cold storage. e i "The Advertisers best buy in the Big Sky" Page 2 i. LOCATION OF PROPOSED OPEN SPACE USES: None. HOURS AND MANNER OF OPERATION: Our office hours of operation will be Sam - 5pm. However, our channel will be on the air, 24 hours a day so a person may be going to the office after hours to check equipment and programming. k. NOISE, LIGHT, DUST, ODORS, FUMES & VIBRATION: With the television station in operation, there should be no more noise, light, dust, odors, fumes or vibration than there is now, which is nil and we will not create any more than a normal business in operation with a small amount of employees. Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 APPLICATION FOR CONDITIONAL USE PERMITPP¢,! T!0 CITY OF KALISPELL PROPOSED USE: / as f J �^jAN 6 v00 OWNER(S) OF RECORD: WTOOM Mailir. City/State/Zip:gT 0 J Phone: a t ��(� off. PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Mailing Address: t 0`. J, ag& 21A 07 City/ State/ zip:ck/a1 Phone: �'*6 = - la,5,Q 7 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street loJr q -yy Sec. Town- Range 'q Address: $i% pe. (�J . N • No. _ ship A) No. g2 / LV Subdivisio Tract Lot 7 -* yj. Block Name: f i e/I e_ No(s). No(s)., No. /SS U g 1. Zoning District and Zoning Classification in which use is proposed: Loki- 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas z�-7��-4; See 4440ckF4 sb-tc. P(qh. 41al — n6 -gees 5(!e ail-acied Si P(QN nonce (ic.E — vic�ea Pfoc(cec-kw�. �-b ?t r0yQ W', Pk back— V- `I- a►q<;K5 uwiA- SA+e1l;+e. 42-S MO(Anfea Ci+ y0,4jtd /eve/. 1 3 am On a separate sh et of paper, discuss the following topics relative to the proposed use: �- f' a cl� ey a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration; Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, . to be true, complete, and accurate to the best of my knowledge. Should any information` or representation submitted in connection with this application be incorrect or untrue,. I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. Appli t Signat re Date 1 -- Pa FRDO Z-98 CERTIFICATION APPLICANT: WEST NORTH MANA G MENT INC E S I FRDO FILE #: KCU-00-1 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 1-0 feet of the property lines of the property that is the subject of the application. Date Assessor's S-T-R Lot/Tract Property Owner No. No. & Mail Address SEE ATTACHED LIST AUTHORIZED REPRESENTATIVE LYNNE FLEMING E S I PO BOX 2407 KALISPELL MT 59903 SUBJECT PROPERTY G ` Oa' a U LOT 7 + S YZ TRACT # ASSESSOR # OWNER/ADDRESS USA f} b al cQ oAf-a nQ `p- o r r cf - ;oT a /3-0�66350 Da/ or o ontQn0.- �cx- 9�O ct l� s ell ax tQna �94d � Cat 3 �� Q66o3S'0 �R-me as G�ade. QAooe. (� L f� /S5 -75' a s a 6 o v S f�-rrt a s a by v e. &- K 1575- o b o 0 3 d 1,6 f °i "IS- esf (�0Y-A anoqrY e)t�� -1-►-e. 0'7-Y3 x150 —1 . 0. Q al `S61 c1 59 70 � I k4. 15-5 7� 6-1/34S6 S -ftme Q S a L,) oe— \-o � � o S �ba�� J- a �� 71-me. T E- d - c; 335 onf4rta✓C A ali5 ell LA artiz�nct 5Q9v/ r C- 9� rneI�• acuCY' i-fYWI/-Y�' 7- ► - ^ , n� \ 7 �tGhl berg 0� 77a q O P. o . 6 6r-� 4q a 1�s e(( t. 9r'113 na-S e-l"g 2 l NE U� � f- �� o- e Cc x/-?,3 g uffe anf4na �OQ;I r1 `7 roreY_ C d Cg � w Y O s � F d NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Flathead Industries Eight Unit Apartments 511, Ave W and tad St West ESI Television Broadcast Station 8th Ave W.N. Meadow Creek Subdivision Preliminary Plat - Ten Lots at 8th St West and 12th Ave West Rocky Mtn. Hi RV Park Expansion Preliminary Plat for 29 RV Spaces Helena Flats Rd The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, February 8, 2000, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Kalispell City Council and / or Board of County Commissioners who will take final action: To the Kalispell City Council: 1. A request by Flathead Industries for a conditional use permit to allow the construction of an eight unit apartment complex on three lots located on the east side of Fifth Ave West and south of Second St. West. Two four-plex units are proposed which will provide housing for people with disabilities which will replace three blighted structures previously removed from the property. The apartment structures are designed to fit the character of the area and will be single story, have pitched roofs and porches. The property where these units are proposed can be described as Lot 10 and Lot A, Amended Lots 8 and 9, Block 51, Kalispell Original located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by ESI Broadcasting and West North Management, Inc for a conditional use permit to allow the operation of a television broadcast station. The applicants would remodel an existing building located at 65 Eighth Ave. W.N. to create office space and would place three small satellite dishes on the south side of the building and one atop the building for broadcasting purposes. The programming would include entertainment, sports and informational (ESI) topics. The property is zoned I-1, Light Industrial, which lists television and radio broadcast stations as conditionally permitted uses. The property can be described as Lot 7 and the South half of Lot 8, Block 155, Kalispell Addition One located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by KMTS, LLC for preliminary plat approval of Meadow Creek Subdivision, a ten lot residential subdivision on approximately 1.64 acres in the southwest part of Kalispell. The property is zoned R-4, a Two Family Residential zone requiring a minimum 6,000 square foot lot size. The proposed design has five lots fronting along with south side of Eighth Street West and five lots fronting along a cul-de-sac to be constructed on the west side of 12th Avenue West. All of the lots in the subdivision will be provided with City infrastructure and services. This property can be described as Assessor's Tract 3, Government Lot 3 located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. To the Board of County Commissioners: 4. A request by Roy Van Deren for preliminary plat approval of the expansion of Rocky Mountain Hi RV Park by adding RV 29 spaces to the existing park which has 62 RV spaces, 13 tent sites, two rustic cabins and 18 mobile homes on approximately 17.5 acres. The property is in the Evergreen and Vicinity Zoning District and is zoned R-5, Two Family Residential, which lists RV parks and campgrounds as a conditionally permitted use. The proposed subdivision is intended to be developed in two phases with Spaces 1 through 10 located near Spring Creek on the west side of the property to be developed as Phase I and then Spaces 11 through 29 near the east part of the property to be developed as part of Phase 2. The property address is 825 Helena Flats Road and is located approximately 500 feet south of Addison Square Drive and 600 feet east of Helena Flats Road. The property can be described as Assessor's Tracts 3, 3A, 3D and 3CA located in Section 27, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. Thomas R. Jentz Planning Director A G 1 12 ALISPELL 1E i 12 2 11 � � D `b 11 3 � 10 MBER CO. la-12 2 10 4 n 9 4 11 3 8 NO. 50 10 4 9 5 iZ 7 1 9 5 8 6 \� ES 1 Z 8 6 7 t 7 West Mon y 1 12 2 11 , DR 12 2 io � 11 3 8 10 4 1 9 5 8 7 9 5 6 s _ -= 6 1 7 _.................. =- �.. _--GRd _................... P Subject Prop ty 8B 1AE N VICINITY MAP ESI BROADCASTING & WEST NORTH MANAGEMENT REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A TELEVISION BROADCASTING STATION I-1, LIGHT INDUSTRIAL KALISPELL ZONING DISTRICT PLOT DATE:oi/18/2000 KC U - 0 0 -1 SCALE 1 " = 15 0' H:\n\site\KCUoo-..dwg Greer Area Drninnge\ \� PAUL J. STOKES & ASSOCIATES, INC. Consulting Engineers 14'-0 in ,n w R EST - fvl❑NTANA or, Wock 155, (ot i in Sec. 7; T,2��N,, R,21W. Flathead County, ►`dcn-tana LEDGEND Fire Hydrant ;> Traffic Direction <-- Drainage Flow Direction =�—*,-- Fence Line 2160 ISQ, FT. -4" 5'-0 Q 20'-0' 0 I O