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6. Ordinance 1657 - Planned Unit Development Amendment - 911 Center - 1st ReadingPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/l)lannine REPORT TO: Honorable Mayor and City Council FROM: PJ Sorensen, Chairman, Site Development Review Committee Myrt Webb, Interim City Manager SUBJECT: Spring Prairie PUD Amendment/911 Center MEETING DATE: March 23, 2009 BACKGROUND: The Flathead County 911 Center recently began the review process with the City. As part of the review, two issues in particular came to the forefront: setbacks and an emergency communications tower. First, in regard to setbacks, the Spring Prairie PUD included a provision proposed by DNRC as part of their initial PUD application for 20 foot setbacks on all sides of a property. The setbacks generally exceed the setbacks which would otherwise be required by the underlying zoning designations (the R-5 "professional pod" would have setbacks of 15 feet in the front, 5 on the side, 10 in the rear, and 15 on a side -corner, while the B-5 "commercial pod" would have setbacks of 20 feet in the front, 5 on the side, 10 in the rear and 15 on a side -corner). The R-5 includes the high school, the Forest Service, DNRC, and the proposed 911 building. The B-5 is the commercial area with Costco, Lowes, etc. 911 has planned for a potential future expansion of the building which would encroach into the side setback of 20 feet. It also would like to place the tower within the current 20 foot setback. In order to address both aspects of the situation, DNRC and 911 have proposed replacing the 20 foot setback with the standard setbacks for the R-5 and B-5 zoning districts. Second, 911 needs an emergency communications tower as part of their facility. The tower would need to be up to 100 feet tall. While the PUD does not allow cellular communication towers, the City has generally allowed towers accessory to a permitted principal use throughout the City (e.g. an emergency communication tower on -site and used exclusively by a 911 center). However, such accessory towers have been limited to the maximum height allowed in the zoning district. In this case, the maximum height would be 40 feet. Attached to this memo is a letter explaining why the additional height is needed and why multiple towers would not function appropriately, along with photos showing what the tower would look like. DNRC and 911 have therefore also requested an amendment which would allow up to a 100-foot high emergency communication tower for Emergency Operation Centers, which shall serve the emergency center only. The PUD outlines the process for amendment requests such as these. The applicant submits the request to the Site Development Review Committee. Site Review then determines if the request is minor in character or major. Minor amendments may be approved by Site Review. Major amendments are subject to Council approval. At its meeting on March 5, Site Review determined that the requests were major and has forwarded the requests to the Council for consideration. RECOMMENDATION: Council may move to approve the amendments as requested by DNRC and 911. ALTERNATIVES: As suggested by the council. Respectfully submitted, PJ Sorensen Kalispell Planning Dept Report compiled March 10, 2009 C: Theresa White, Kalispell City Clerk ebb Interim City Manager Attachments: Letter from DNRC and 911 Center Letter Regarding Tower Example Photos for Tower Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1657 AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE SPRING PRAIRIE PLANNED UNIT DEVELOPMENT AGREEMENT IN ASSOCIATION WITH THE CONSTRUCTION AND DEVELOPMENT OF THE EMERGENCY OPERATION CENTER. WHEREAS, the City Council of the City of Kalispell approved the Spring Prairie Planned Unit Development Agreement on Section 36 on December 3, 2001, and WHEREAS, the Spring Prairie Planned Unit Development Agreement was amended on December 15, 2003, September 19, 2005, and May 5, 2008, and WHEREAS, it is in the best interests of the City of Kalispell that the Spring Prairie Planned Unit Development Agreement be amended as set forth below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Spring Prairie Planned Unit Development shall be, upon execution by the landowner, amended as provided for in said agreement under Section 5, Amendment or Modification of Agreement as follows: 2.91E(2)b: Buildings in the Mixed Professional PODS shall be set back a minimum of 15 feet from the front, 5 feet from the side, 10 feet from the rear and 15 feet from the side corner. Buildings in the Mixed Commercial PODS shall be set back a minimum of 20 feet from the front, 5 feet from the side, 10 feet from the rear and 15 feet from the side corner of the parent (not sublots) lot/lease lines. 2.01E(3)a: Buildings should not exceed 35 feet above the final grade in the Mixed Residential POD, 40 feet in the Mixed Professional POD and 45 feet in the Mixed Commercial POD. Such height limitation may be exceeded in the mixed commercial POD by issuance of a conditional use permit. An exception to this height limit is granted to Glacier High School to be located in the Mixed Professional POD which will be allowed a maximum height of 55 feet at its highest point. An exception is also granted to the Emergency Operation Center, located in the Mixed Professional POD, which will be allowed to install an Emergency Communications Tower up to 100 feet high, which will serve the Emergency Operation Center only. SECTION II. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 6TH DAY OF APRIL, 2009. Pamela B. Kennedy Mayor Theresa White City Clerk March 4, 2009 PJ Sorensen Kalispell Site Review Committee 201 First Avenue East Kalispell, MT 59901 Re: Proposed Amendments to the Spring Prairie PUD (Planned Unit Development) Dear PJ Sorensen & Kalispell Site Review Committee: DNRC and the Flathead County 9-1-1 Center respectfully request two amendments be made to the Spring Prairie PUD. Both amendments would be universal to the PUD for all new and existing developments. The amendments are being requested per Section 5.01(A) or 5.01(B) of the PUD, and are as follows: Minimum Yard Setback Requirements: We propose deleting Subsection 2.01(E)2.b requiring 20 feet minimum setbacks on all yards for the Mixed Commercial and Mixed Professional areas. By deleting this paragraph, Subsections 2.02(E) and 2.02(F) will apply, directing these development areas to comply with the City of Kalispell Zoning Ordinance. Emergency Communication Tower Height Requirements: We propose adding language to Subsection 2.01(E)3.a allowing up to a 100-feet high emergency communication tower for Emergency Operation Centers. The tower and its communication equipment shall serve the emergency center only. The Flathead County 9-1-1 Center will benefit from the proposed amendments in that the side yard setbacks will be modified from 20 feet minimum to 5 feet minimum. This allows the Center's communication tower and future expansion footprint ample room on the site. The necessity for the 100- feet high emergency communication tower is critical to its designed function. A letter is being attached from the Flathead County Radio Systems Administrator describing the necessity for the tall vertical height. The towers final height is not determined as the manufacture that successfully bids the work will be in control of the towers final design and communication equipment layout. We have attached a photo showing a similar emergency communication tower installation for your reference. Thank you for your consideration. Sincerely, DNRC Bob Sandman Area Manager Enclosed: Tower Height Letter, Example Tower Photo Sincerely, FLATHEAD COUNTY 9-1-1 CENTER "Mark Peck Flathead County 9-1-1 Center Flathead County Office of Emergency Services 920 S Main Street Kalispell MT 59901 Mark Peck OES Director 920 S. Main Kalispell, MT 59901 Date:02/27/09 Re: Tower Height and communications performance issues Dear Mr. Peck; Cindy Mullaney Acting Director Lincoln Chute Fire Service Area Manager Following discussions held on February 26, 2009, some serious issues have surfaced with the City of Kalispell requesting the new 911 Center lower tower height by more than half. As was discussed in preliminary meetings, the design of a 100 foot tower was not a problem. Requesting a reduction of the tower to 40 feet and installing two towers only causes more problems than can be mitigated. I would withdraw my support of building the center at this location with these new parameters. Several factors not related to height begin to play a critical part in the separation and location of each antenna. Microwave dishes for instance, cannot point in the relative same direction near each other's centerline. Two signals will begin to clash with each other causing the system to become so unstable it is unusable. Microwave must have an unrestricted line of sight in order to function properly. Microwave dish height off of the ground is also a factor which can even impede the size of the dish required to recapture signal strength. The closer the dishes are to the ground, the more likely environmental issues such as humidity, snow effect, and other obstructive problems can render the unit useless during storms. Common two way radio antennas also require a minimum of vertical separation of no less than 20 feet between TX and RX antennas just to meet requirements for interference separation. If these antennas are too close, several factors increase such as 3rd order intermodulation effects, and masking problems. Even antennas that will operate on different frequency bands will encounter interference issues if placed too close to each other. Trying to install the required number of communications antennas on two separate towers will in essence render many stations useless. Not only is the height and vertical separation critical, Ph: 406/758-5563 or 758-5560 0 Fax:: 406/758-5562 • Cell: 406/249-6913 Email: cmullaney@flathead.mt.gov horizontal separation will also place an important part to reducing interference. Mounting the antennas far enough away from the tower will alter the patterns developed by the signals, and with a shortened design no any engineering firm could reliably design and factor the true effects on the systems until after construction. If the 100 foot tower is eliminated, I can no longer endorse the site as satisfactory for the wireless communications and microwave systems. The City must understand the reason for seeking the height as is drawn in the plans not just a range issue, but the major role in interference reduction and reliable 911 communications voice transmission use. Sincerely; Jack Spillman Radio Systems Administrator Ph: 406/758-5563 or 758-5560 0 Fax:: 406/758-5562 • Cell: 406/249-6913 Email: cmullaney@flathead.mt.gov EXAMPLE EMERGENCY COMMUNICATION TOWERS