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12. Conditional Use Permit - MDOT - Communications TowerCity of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Montana Department of Transportation Jerry Dupler, Chief Communications Bureau PO Box 201001 Helena, MT 59620 LEGAL DESCRIPTION: Construction of a 100 foot tall communications tower in conjunction with the Montana Department of Transportation's maintenance facility in Kalispell, and further described as Assessors Tracts 30-10 and 30-20 located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: B-2, General Business Montana Department of Transportation has applied to the City of Kalispell for a conditional use permit to construct a 100 foot tall communications tower on an existing building as part of an overall upgrade to their facility. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on April 13, 1999 held a public hearing on the application, took public comment and recommended that the application be approved subject to three 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-99-4 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct a 100 foot tall communications tower in the B-2, Business zoning district subject to the following conditions: 1. The proposal will be developed in substantial conformance with the site plan and submitted with the application. 2. That the tower shall be reviewed by the Kalispell Building Department for structural integrity and any necessary modifications be made accordingly. 3. Comply with any conditions or specifications required by the Federal Communications Commission and their licensing procedures. The conditional use permit is valid for a period of 18 months from the date of authorization in which time construction or a continuous good faith effort will commence. Dated this day of , 1999. Wm. E. Boharski Mayor STATE OF MONTANA ) : ss County of Flathead ) On this day of , 1999, before me, a Notary Pubic, 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 F Flathead Regional Development Office 723 Sth Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 April 22, 1999 Al Thelen, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit in the Kalispell Zoning District for MDOT Dear Al: The Kalispell City -County Planning Board held a public hearing at their regular meeting of April 13, 1999 to consider a request by the Montana Department of Transportation to construct a 100 foot tall communications tower in conjunction with the maintenance facility in Kalispell. The property is located on the southeast corner of Fifth Avenue E.N. and Montana Avenue.. The property can be described as Assessor's Tracts 30-10 and 30-20 located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Narda Wilson, with the Flathead Regional Development Office, described the proposal and stated that the staff supports the request for a conditional use permit for the construction of the communications tower. At the public hearing Jerry Dupler, representing the MDOT, spoke in favor of the communications tower and requested that conditions #4 be amended to include more time for the department to construct the tower. The Board discussed the request and a motion was made and passed unanimously to recommend approval of the conditional use permit subject to the conditions as amended. The amended conditions are listed in Attachment A. Please schedule this matter for the next regular city council meeting. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely, Ylispell y-Coy4Planning Board JJ/NW/U Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • MDOT Conditional Use Permit April 22, 1999 Page 2 of 3 Attachments: Attachment A FRDO Report #KCU-99-4 Draft Minutes for the April 13, 1999 planning board meeting c w/Att Theresa White, Kalispell City Clerk c: Kalispell Building Department H: \ ... \TRANSMrr\ KAUSPEL\ 99\XCU9904 MDOT Conditional Use Permit April 22, 1999 Page 3 of 3 ATTACHMENT A MONTANA DEPARTMENT OF TRANSPORTATION CONDITIONAL USE PERMIT CONDITIONS FCU-99-4 APRIL 13, 1999 1. The proposal will be developed in substantial conformance with the site plan and submitted with the application. 2. That the tower shall be reviewed by the Kalispell Building Department for structural integrity and any necessary modifications be made accordingly.. 3. Comply with any conditions or specifications required by the Federal Communications Commission and their licensing procedures. 4. The conditional use permit is valid for a period of 18 months from the date of authorization in which time construction or a continuous good faith effort will commence.. of 6-3 against the denial. Stevens moved and Sipe seconded to adopt staff report KCU-99-1 as findings of fact and, based on these findings, recommend to the City Council to grant the preliminary plat for this subdivision subject to the 14 conditions as stated in the report. Heinecke moved and Stevens seconded to amend the previous motion to strike condition 2. On a roll call vote: Sipe, Stevens, and Heinecke voted Yes. Garberg, Rice, Breneman, Mann, Hines, and Johnson voted No. The motion to amend failed on a vote of 6- 3 against amending the motion. On the motion to approve with the conditions as stated in the staff report; Heinecke, Hines, Sipe, Johnson, Rice, Stevens, and Breneman voted Yes; Garberg and Mann voted No. The motion to recommend approval of the conditional use permit subject to the conditions as stated in the staff report passed on a vote of 7-2 in favor. Stevens moved and Sipe seconded to adopt staff report KPP-99=IA as findings of fact and, based on these findings, recommend to the City Council that the preliminary plat for the Chokecherry Ridge Subdivision be approved subject to the 13 conditions as stated in the report. On a roll call vote: Stevens, Breneman, Hines, Rice, Heinecke, Sipe, and Johnson voted Yes; Mann and Garberg voted No. The motion to recommend approval of the preliminary plat passed on a vote of 7-2 in favor. Johnson called for a 5 minute break. MDOT CONDITIONAL A request by the Montana Department of Transportation for a USE PERMIT conditional use permit to construct a 100 foot tall communications tower in conjunction with their maintenance building. Mounted on the ground not the building. Filed with FAA not FCC. STAFF REPORT Narda Wilson presented staff report KCU-99-4 in which staff recommends that the planning board adopt the staff report KCU- 99-4 as findings of fact and recommend to' the city council that the conditional use permit be approved subject to 4 conditions. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Jerry Dupler, spoke in favor of the communication tower. He asked that the board reword condition 4 - to include that construction should commence or a continuous good faith within 18 months. No one spoke against the project and the public hearing was closed. BOARD DISCUSSION The Board discussed the petition, considered public testimony and Kalispell City County Planning Board Minutes of meeting April 13, 1999 Page 8 of 13 found that the petition did meet the required criteria. MOTION Stevens moved and Hines seconded to adopt staff report KCU-99-4 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the conditional use permit be approved subject to conditions 1-3 as outlined in the report and amend condition #4: The conditional use permit is valid for a period of 18 months from the date of authorization in which time construction or a continuous stood faith effort UVI commence. On a roll call vote: All members voted Aye. The motion passed unanimously on a vote of 9-0 in favor. SYLLING ZONE A request by Al Sylling d.b.a. Arico for a zone change from R-1 to CHANGE AND RIVER R-3 and preliminary plat approval of River Place Subdivision, a PLACE SUBDIVISION 144 lot residential subdivision on 54.4 acres in Evergreen. PRELIMINARY PLAT APPROVAL STAFF REPORT Narda Wilson presented staff reports FPP-99-3 and FZC-99-6 in which staff recommends that the Board recommend to the Board of County Commissioners that the zone change and preliminary plat be approved subject to twenty (20) conditions. There is minor reconfiguration needed on the cul-de-sac planning. Staff recommends that the cash in lieu of parkland be based on the assessor's office or an independent appraiser. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Al Sylling, 71 Springwood Lane, spoke in favor of the application stating that affordable housing is the focus of this project. He noted that by changing the zone to R-3 the subdivision would be able to have lot sizes that would allow them to keep a target lot price of twenty-three to twenty-five thousand dollars. This is considerably less than most of the current selling prices and would allow them to provide affordable housing in the Flathead Valley. Jeff Larsen, Larsen Engineering, stated that it benefits the community by doing a large project like this. The developers had a neighborhood meeting and designed a project that met their wishes. He noted that in order to keep the target lot price at this level they had to have a design and lot size such as is being presented. He also noted that this development will include the amenities and infrastructure needed, noting that other subdivisions don't require a lot of off site improvements such as this development has planned. He stated that they have no problems with the conditions. Fred Ricketts, a Realtor with Re -Max, has been working on this project for 2 years and is in favor of this development keeping the lots affordable and planning a subdivision design that works in the area. He also stated that this development is favorable to the Kalispell City County Planning Board Minutes of meeting April 13. 1999 Page 9 of 13 CONDITIONAL USE PER311T REPORT RCU-99-4 APRIL :.. A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a request for a conditional use permit to construct 100 foot tall communications tower. A public hearing to review this request has been scheduled before the planning board on April 13, 1999, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the City Council for final action. Y;T_*_11*f_"1J*11V FlaV' . , c . A. Petitioner. Montana Department of Transportation Jerry Dupler, Chief Communications Bureau 2701 Prospect Avenue P.O. Box 201001 Helena, MT 59620 (406)444-6305 B. Summary of Request: This is a request is for a conditional use permit to construct a 100 foot tall communications tower in conjunction with the Montana Department of Transportation's maintenance facility in Kalispell. The tower would be used for internal public safety communications for the divisional office and would not operate for public use. The Montana Department of Transportation has been in the process of redeveloping their maintenance facility by creating new office space, revamping the warehouse and storage facilities, and the installation of this communications tower is one element. According to the site plan, the tower would be located approximately 60 feet from the western property boundary and near the center of the site, mounted atop one of the office buildings C. Size and Location: There are two parcels associated with the MDOT yard which together contain approximately five acres. This property is located on the southeast corner of Fifth Avenue E.N. and Montana Avenue in Kalispell. The property can be described as Assessor's Tracts 30-10 and 30-20 located in Section 8, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana- D. Existing Land Use and Zoning: Currently this property is used as the main headquarters for the local Montana Department of Transportation's maintenance operations. They are currently undergoing a major redevelopment of the site which involves new office buildings and the upgrading of the warehouse and storage buildings. This tower is part of the overall upgrade to this facility. The zoning for this property is B-2, General Business, which lists transmission towers as a conditionally permitted use. E. Surrounding Zoning and Land Uses Zoning: This area has a mix of commercial residential and industrial uses in the immediate area, but could generally be described as commercial in nature. North: Wendy's restaurant and motel, B-2 zoning South: Cenex warehouse and wrecking yard, I-1 zoning East: Motels, B-2 zoning West: Residential and some commercial, B-2 zoning F. Master Plan Designation: The Kalispell City County Master Plan Map designates this area as commercial which anticipates a mix of office, retail and other commercial uses. The proposed project is in reasonable compliance with the commercial land use designation in the master plan. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Montana Power Company Electric: Pacific Power Phone: Centurytel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell 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 adequate space to meet the zoning setback as well as to provide for adequate circulation within the site. b. Adequate Access: Access to the site is by way of an existing City street, Fifth Avenue E.N., a paved City street with curb and gutter. C. Environmental Constraints: The site is generally level has not obvious environmental constraints that would be impacted by this proposed. 2. Appropriateness of design: a. Parking and site circulation: This proposal does not require parking other than that which would be associated with the main office building and warehouses which are not being reviewed under this permit.. b. Open Space: No specific open space requirements exist in the zoning regulations for a development of this type other than the standard 20 foot setbacks for the B-2 zone. It appears from the site plan that the tower will be situated approximately 60 feet from the western property boundary which should provide some protection in case the tower should fall. Additionally, the location of the tower near the center of the property is south of the Fifth Avenue E.N. roadway most often traveled by he public. C. Fencing/Screening/ Landscaping: No landscaping has been proposed as part of this proposal, nor would any landscaping appear to be able to E 3. 4. mitigate the visual impacts associated with a 100 foot tall tower mounted on a building. General landscaping associated with the site was not included as part of this application nor was it required. d. Sims: No signage was included with this proposal, however, some limited identification signs such has those has currently exist will likely be part of the redevelopment of the site. Limited signs are necessary because this facility does not provide personal services to the public or have a great deal of public contact. AvallabiHty of Public Services/Facilities: a. Schools: This site is within School District #5. No impact is anticipated from this project. b. Parks and Recreation: No impacts to the City parks are anticipated with this proposal. Woodland Park lies in close proximity to the south. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated from this proposal. e. Water and sewer: Water and sewer is currently provided to this site by the City of Kalispell. No additional connects or impacts are anticipated as a result of this proposal. f. Solid Waste: No additional impacts to the solid waste removal can be determined to be associated with this proposal. g. Streets: No additional traffic will be generated to the site as a result of this tower and may actually help to reduce traffic trips to the office by improving the communications between the main office and satellite facilities. Fifth Avenue E.N. provides access to the site which is a paved City sweet in relatively good condition. Neighborhood Impacts: Visual impacts associated with a 100 foot tower appears to pose the greatest impacts to the neighborhood and surrounding uses. Some mitigation of visual impacts could be employed such as integrating the tower as an architectural feature of the building, but considering the location of this site and other uses within the immediate area, it does not appear that mitigation of visual impacts would be a reasonable requirement. Other potential impacts would be associated with the structural integrity of the tower itself and the concerns that reasonable precautions and engineering has taken place with the design and construction of the tower. Consideration of the tower's location to the Kalispell City Airport has been determined to be of little effect since the airport is over one mile to the southwest. 3 An application has been filed with the Federal Communications Commission who will also give consideration to the potential impact this tower would have on airport operations. A set of plans have been submitted to the Kalispell Building Department for review and no apparent deficiencies have been noted. A notice of public hearing was mailed to property owners within 150 feet of the site approximately 15 days prior to the hearing. No comments have been received. This are has historically been a mix of industrial uses primarily located to the south because of their close proximity to the railroad tracts. As there is less dependence on the railroad to serve this area, a transition to greater commercial use of the properties in the area can be anticipated. The redevelopment of this site to buildings which are more compatible and of a better quality is another indicator of this transition. This use appears to be compatible and consistent with the historical use of properties in the area and recent changes which would be anticipated. 6. Effects on proper values: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is a minor component of the redevelopment of the local MDOT maintenance facility and will have no significant impact on property values. RECOMMENDATION Staff recommends that the planning board adopt the staff report KCU-99-4 as findings of fact and recommend to the city council that the conditional use permit be approved subject to the following conditions: 1. The proposal will be developed in substantial conformance with the site plan submitted with the application. 2. That the tower shall be reviewed by the Kalispell Building Department for structural integrity and any necessary modifications be made accordingly. 3. Comply with any conditions or specifications required by the Federal Communications Commission and their licensing procedures. 4. The conditional use permit is valid for a period of 18 months from the date of authorization. H: \... \KCU 198 \KCU99-3 4 Montana Department Proso�---t 4venue of Transportation Sox 301�'101 Marc Rac;cot. Governor APPt1C.-kT►ON `',Vrc-- ''\t_ i MAR 1 5 1999 March 11,1999 - Flathead Regional Development Office 723 5d'. East. }loom 414 Kalispell, Mt 59901 Attn: Narada Wilson Subject: Conditional Use Permit for a communications tower. Dear Narda Wilson: Enclosed you will find the application for a conditional use permit for the City of -- Kalispell. I have attached the Notice of Proposed Construction or Alteration forms. that I have filed with the FAA which should include most of the information you should need. I have also attached an adjacent land detail as you have requested. This tower will be used for internal Public Safety Communications for our Kalispell Divisional Office. Is there any way that the City could invoice me for the fees? The P.O # is 145158. Please call me if you have any additional questions at 406-444-6305. Thank you, for your help on this matter. S ty, 7 Du ler, Iicf ommunications Bureau 3n Equal Oera•; m• •. ,-..o,:.— Flathead Regional Development Office 723 5th Ave. East Room 414 Bell, MT 59901 Phone: (406 )758-5980 Fax: (406)758-5781 APPLICATION FOR CONDITIONAL USE PERNaT CITY OF KALISPELL APPLICATION �aA'rC" PROPOSED USE: For internal Public Safety Communications r---t OWNER(S) OF RECORD: Name:Montana Department of Transportation MAR 15 1999 Mailing Address: 2701 Prospect Ave. P.O. Box 201001 F. R. D. O. City/State/Zip: Helena, Mt. 59620 Phone: (406)444-6305 PERSON(S) AU-riORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Jerry Dupler, Chief Communications Bureau Mailing Address: 2701 Prospect Ave. P.O. Box 201001 City/State/Zip: Helena, Mt. Phone: 406-444-6305 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: 85 5th Ave East N. No. g ship No. Subdivision Tract 30-10 Lot c/�LY Block Name: No(s).3o-�LGNo(s). t`a No. 1. Zoning District and Zoning Classification in which use is proposed: 1 Ca-II s/-)e1r 8-02 - General ISvsiPess 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. E:asting use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. 1 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: 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. 4. 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 Revised 10/30/97Is K Date l YE CARBONS . � = Type or Punt on'This form Form Approved ro ve - OMB No. 2' zc-. N : t�de umber �t ProAeronautical S" ' � - trUCf1Q11 or ate tion . •� '.� `� - 4: _ 1. Nature of P'2 COm fete Of S A. Type..: _ B clan - ••: - .: C Work tXt a 9 spiwiftpaw I Pwmwwt , _ _ �� r 03-01-99 ilctiorr cor>stror' :- 4- _.i -modified.ft R. not taioa?t, give band arxl E;F$ : htr1 P FAA .I . — - 3A. ere Wopoeft tt» Montana rtment of Transportation StriK Sww- Pa_etc., 8 For proposalstmrotvirV '� include the size arld the con of a Communications Bureau-:-`. . supporting structures. - : 2701 Prospect Ave'. C: For � proposals; , ` PO" Baz 241001 .... - constr"cifo" of - or: - Ielena,� MT 59620-1001 , . - _ �-. . D an lighiling system desired for your will�tr� A "Code T 44k-b345 ��w4 lighting fhe of Advisory Circular AC 70/7468-1. An FAA marldrig ant lighting 38. Name, address and Wephone number of proponerifs mpreser%lative, I differertt than 3A. above' recommendation wN reW the minimum acceptabie ley of conspicudy necessary to warn pilots of the presence c an object However, the FAA, under certain circumstances, will not object to the use of a system (stx as a medium intensity flashing white right system or a du lighting system) other than the recommeruled standard - Area Code) TeWptw4 Number 4. Location Of Structure S. Het ht and Elevation PonmesiiDm A Coordinates (to Nx*wft i , or second% B. Nearest City or Town a@d State C. Neared public or military airport, helipoit flightpatk, or seaplane base A. Elevation of site above mew sea level . Latitude 0 R 48 12 08 0 Kalispell, MT Kalispell City 2940ft Longitude 0 R (1). Distance m 48 (1). Distance from structure to nearest 8. Height of suuctwe including as 114 18 24 0 Pointof nearest runway appurtenances and lighting above 0 1.70 miles ground or water. 100f t 4D. Source of coordinate information (2). Direction to 4B (2). Direction from structure to airport C. Overall height above mean sea level for item 4A. above. USGS 7.5' other ❑ Quad Chart El Survey specify It's in town 170 degrees (A + 8) 3040f t reiere<ce 3IMo 4E Describe, on a separate sheet of paper, the location of the site with respect to highways, streets, airports, ❑NAD 27 NAD 83 Cther ❑ ❑ Prominent terrain features, existing structures, etc. Attach a copy of a U.S. Geological Survey quadrangle map 7 Specify minute series (or equivalent) showing the construction site. E available, attach a copy of a documented site surve with the surveyor's certification. See Attachment FAILURE TO PROVIDE ALL REQUESTED INFORMATION MAY DELAY PROCESSING OF YOUR NOTICE Notice is required by Pant 77 d the Federal Aviation Regulations (14 C.F.R Part 77) pursuant m Section 1101 of the Federal Aviabw Act of 1958, as aid (49 U.S.C. app. § 1501). Persons wt% knoww gty and w+3t Ay ;notate the Notice requirements of Part 77 are subject 10 a clue penally of $1,000 per day until the notice is received, pursuart to Section 901(a) of the Federal Aviation Act of 1958, as amended (49 U.S.C. app § 1471(a)) as weft as the fine (ciminat penalty) of not more the S50t1 for the first offense and not more than $2.000 W subsequent offenses to Section 902(a) of the Federal Aviation Act of 1958, as amended (49 U.S.C. app § 14,ma l). I HEREBY CERTIFY that all of the above statements mby me are true, complete, and correct to the best of my knowledge. in addition, agree to obstruction mark and/or light the structure In accordance with established ma & lighting standards as necessary. ifs Typed or PrvW Name and Tit of Person F&V Notice 1-29-1999 Jerry Du lee 111A Ltdu_--,� FOR FAA USE ONLY FAA wilt e' ro this for ofiiiDre a separate acknowledgement The Proposal: &Wkawtal Notice, of Constnvction, FAA F 7 z is requirec any tone !roe project is abandoned. or ❑ Does nil refit" a notice to FAA ❑ At least 48 hours bebre the start of corwuclim ❑ is not dentified as an obstnhctsorn under any stardard of FAR Part 77. Elwommdaysafterthe corstrumon machas b greatest heghL Subpart C, and would not be a hazard b navigal rt This on urhre< is identified as an obOtOon under the starodartis of FAR Part 77. 14 Wended, reywd or by the issusrg dick dd ro Subpart C, but wat be a hazard to navottim . 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PAvt. t M rs -55 14o40o$5 F-t,.vttJ 14 +4 MAS�tbN, �- E,.1t-;AR`f 0 i6A SAJPF-Vt WAS.A LQ q5 4rw A.JE Ew Inquiry by AS OF 3/25/1999 Assessor Number [0971893) Year [99) Geocode A 0971893 08 00 1M GREAT NORTHERN RAILWAY 4M AD% PROPERTY TAX DEPT 1700 EAST GOLF RD SCHAUMBURG IL 601735860 61 TR 2 L 1, TR 3 NE4SW4, SE4NW4 09 31 19 98.64 00 00 00 0 - 00 00 00 0 71 C 17010 NON-QUAL 4.00 71 C 19010 FORESTLA 94.64 Add'1 Names N Add'l Desc N Add'1 Values N CAMA 07429509301010000 CAMP, 07429509301010000 NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Conditional Use Permit for Kalispell Senior Rousing Project MDOT Communication Tower Chokecherry Ridge Condominiums Andrew Farris Zone Change from SAG-10 and R-1 to R-3 River Place Subdivision and Zone Change in Evergreen The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, April 13, 1999, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly scheduled meeting, the board will hold public hearings or take public comments on the following agenda items and will make recommendations to the City Council or the Board of County Commissioners, who will take final action: To the Kalispell City Council: 1. A request by Kalispell Senior Housing Association for a conditional use permit to allow a 24 unit senior citizen independent living facility proposed to be located at the northwest end of Corporate Way. The property is located approximately 1,200 feet north of Highway 2 West on the west side of Corporate Way in Kalispell. The property is zoned RA-1, a Low Density Residential Apartment, district which lists multi -family dwellings as a conditionally permitted use. The property contains approximately 1.81 acres and is currently vacant. The property where the project is proposed can be described as Assessor's Tract 7AD located in Section 12, Township 28 North, Range 22 West, P.M.,M Flathead County, Montana. 2. A request by the Montana Department of Transportation (MDOT) for a conditional use permit to construct an approximately 100 foot tall communications tower in conjunction with. their maintenance building in Kalispell. The property where the MDOT tower would be located is at 85 Fifth Avenue E.N. The tower would be placed atop a building located generally in the northwest portion of the property. The property can be described as Assessor's Tracts 30-10 and 30-20 in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County. 3. A request by Unicore Development, Inc., on behalf of John J. and Brenda Lee Vincent, for a conditional use permit and preliminary plat approval to construct a 10 dwelling condominium project known as Chokecherry Ridge. The project area is zoned R-3 single-family residential and is proposed as a cluster development. It consists of two complexes, each containing 5 condominium units located within 10 feet of the edge of the steep slopes which mark the edge of the buildable area. The site contains approximately 2.60 acres with approximately .66 acres devoted to the development, approximately 0.85 acres to be dedicated to the City as an addition to Lawrence Park and the remaining 1.09 acres which are bottomlands next to the Stillwater River as undeveloped lands. The location of the property is on the north side of California Street between Fifth Avenue E.N. and Sixth Avenue E.N. in Kalispell. The property can be described as Assessor's Tract 23A located in Section 12, Township 28 North, Range 21 West, P.M.,M, Flathead County, Montana. Note: The Kalispell City Council returned this project to the Planning Board at their March 15th meeting for re -hearing because of substantive changes proposed at the Council meeting which did not comply with the Planning Board record. To the Board of County Commissioners: 5. A request by Andrew Faros for a zone change in the Evergreen and Vicinity Zoning District from SAG-10, Suburban Agricultural, a district with a ten acre minimum lot size, on approximately 15.7 acres and R-1, Suburban Residential, one acre minimum lot size, on approximately 2.2 acres, to R-3, Limited One Family Residential. The proposed R-3 zoning would provide for single-family residential lots with minimum lot area of 10,000 square feet (approximately 1/< acre). The property is located on the north side of East Reserve Drive and east of LaSalle Road (Highway 2) approximately 2,000 feet. The property can be described as Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 West, P.M.,M, Flathead County, Montana and as further described in attached Exhibit A. 6. A request by Al Sylling d.b.a. Arico for a zone change for property in the Evergreen and Vicinity Zoning District from R-1, Suburban Residential, a residential zone requiring a . . urn one acre lot size, to R-3, Limited One Family Residential, a residential zone requiring a minimum 10,000 square foot lot size (approximately K acre). Both residential zones allow double -wide manufactured homes on a permanent foundation, but do not allow single -wide manufactured homes. The area proposed for rezoning contains approximately 54.4 acres and is filed in conjunction with River Place Subdivision. The property is located on the east side of River Road approximately 1,200 feet north of Highway 2 West in Evergreen. The property can be described as Assessor's Tracts 11, 11AA, 11AB, IAD, 11BA, 11B, 11AC, 11AAA, 3A and 3RE located in Section 4, Township 28 North, Range 21 West, P.M. M., Flathead County, Montana. The property is more specifically described in attached Exhibit B. 7. A request by Al Sylling d.b.a. Arico for preliminary plat approval of River Place Subdivision, a 144 lot residential subdivision located in the Evergreen and Vicinity Zoning District. A zone change from R-1, Suburban Residential, a residential zone requiring a minimum one acre lot size, to R-3, Limited One Family Residential, a residential zone requiring a minimum 10,000 square foot lot size, has been Sled in conjunction with the subdivision. The area proposed for subdivision contains approximately 54.4 acres with most lots in the subdivision containing approximately 10,000 square feet. The property is located on the east side of River Road approximately 1,200 feet north of Highway 2 West in Evergreen. The property can be described as Assessor's Tracts 11, 11AA, 11AB, 1AD, 1 IBA, 11B, 11AC, 11AAA, 3A and 3RE located in Section 4, Township 28 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. Flathead County Zoning Regulations are also on file for public inspection at the Office of the Clerk and Recorder, Flathead County Courthouse, Kalispell, MT, in Permanent File No. 16137. 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. "'Vv0_3 1 Thomas R. Jentz Planning Director i; 0 Ef . + 777 VICH'41plY MAP MONTANA DEPT. OF TRANSPORTATION REQUEST FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER IN B-2, GENERAL BUSINESS USE DISTRICT, KALISPELL ZONING DISTRICT 0 30A+ 29M .. FILE ••SCALE 300'