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01. Conditional Use Permit - Montana Sky NetworksCity of Kalispell Planning Department 17 - 2"" Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROhLe Nicole C. Johnson, Planner II James H. Patrick, City Manager 40 SUBJECTO Conditional Use Permit to increase the communication structure height on the Montana Sky Networks property MEETING DATE.* August 6, 2007 BACKGROUND: The Kalispell City Planning Board met on July 10, 2007 and held a public hearing to consider a request by Montana Sky Networks to increase the height of an existing internet communication structure on the property located at 1286 Burns way. The property is zoned H- 1, Health Care, and a conditional use permit is required for the requested additional height within the district. The property can be legally described as Lot 13 of Highland Park Professional Subdivision located in Section 6, Township 28 North, Range 21 West, P.M.M. , Flathead County, Montana. Nicole C . Johnson, with the Kalispell Planning Department, presented staff report KCU-07-04 providing details of the proposal and the staff evaluation. She noted that the Architecture Review Committee reviewed the project on June 26, 2007 and passed along a favorable recommendation as proposed which is to be considered a material factor in the CUP. All other criteria were met and staff recommended approval of the CUP subject to the six conditions of approval listed in the staff report. One member of the public spoke against the increase in height to the communication structure. Jerry Stahlberg, the owner of the property next to Montana Sky Networks felt the new structure would not be aesthetically pleasing and would negatively affect property values. He also said that the trees, which act as a partial shield, would not be there forever. No other comments from the public were presented at the hearing and it was closed. Mrs. Johnson did note during her presentation that a few written and verbal comments were received by the planning department prior to the public hearing. These comments included concerns related to interference with hospital related equipment, affect on ALERT helicopter flight operations, impact on aesthetics and property values and appropriateness of use on the property. Mrs. Johnson addressed these issues pointing out that Montana Sky Networks uses an existing tower which is currently sending and receiving radio signals and no complaints, in their 10 years of operation at the site, had been received. The business is operating within a license granted by the Federal Communication Commission (FCC), the agency that reviews and regulates wireless communication within the United States. The ALERT helicopter program and the city airport were contacted. As indicated in the staff report, the ALERT Chief Pilot determined the additional height would have no impact on flight operations. Condition 3 listed in the staff report (page S) also requires approval from the City Airport Manager. The rationale for that condition is discussed in detail on page 4 and S of the staff report. Property values and aesthetics were also addressed in the staff report on page 7. Briefly, there is an existing 40-foot internet communications structure on the property which is considered an accessory use to a permitted use within the zoning district. There are 60 foot buildings near the site and the property is more than 300 feet from any residential zoning district. Additionally, the growth policy designates this area as a mixed use area which would accommodate a variety of retail, office and healthcare related land uses. The Planning r�.ng Board discussed the proposal asking questions about adjacent property owner notification, the design of the structure, whether there would be an increase in frequencies or use and the potential for interference with medical equipment. Mrs. Johnson answered these questions and the board voted unanimously to recommend approval of the requested conditional use permit subject to the six conditions listed in the staff report. RECOMIMENDATION: A motion to approve the conditional use permit would be in order. FISCAL EFFECTS: No perceivable fiscal effect as the business will continue to operate in its current location with or without the increase in height to the communication structure. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Nicole C. Jon n � es H. Patrick Planner II City Manager Report compiled: July 26, 2007 c: Theresa white, Kalispell City Clerk 2 City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Richard Dasen 1286 Burns Way Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 13 of Highland Park Professional Subdivision in Section 6, Township 28 North, Range 21 west, P . M. M., Flathead County, Montana ZONE: Health Care, I I-1 The applicant has applied to the City of Kalispell for a conditional use permit to replace the existing 40 foot internet communications tower with a 60 foot internet communications tower in the Health Care, H-1, zoning district. The property development standards for the H-1 zoning district include a height limitation of 40 feet; a conditional use permit is required for heights up to 60 feet. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 10, 2007, held a public hearing on the application, took public comment and recommended that the application be approved subject to six 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-07-4 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to replace a 40 foot internet communications tower with a 60 foot internet communications tower in the Health Care, H- 1, zoning district subject to the following conditions: 1. The structure plans shall be developed in conformance with the reviewed and approved plans by the City of Kalispell's planning office, building department, and architecture review committee (Kalispell Zoning Ordinance). 2. The applicant shall obtain a building permit prior to the construction of the 60-foot structure. 3. Approval of the proposed structure by the Kalispell City Airport Manager shall be obtained and provided to the Kalispell Building Department prior to issuance of a building permit. 4. The communications device shall serve only the Montana Sky Networks business; no co - locating is allowed on the structure with this conditional use permit. (Kalispell Zoning Ordinance). 5. The structure shall be green in color to blend in with the pine trees of which shall not be removed and the two satellites dishes shall be blended with the surrounding area to the extent possible. (Kalispell Zoning Ordinance 27.35.090 (3), City of Kalispell Architectural Design Standards and Architecture Review Committee recommendation on June 26, 2007.) G. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this 6th day of Augg.st, 2007. STATE OF MONTANA : ss County of Flathead Pamela B. Kennedy Mayor On this day of August, 2007 before me, a Notary Public, personally appeared Pamela B. Kennedy, 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, Montana My Commission Expires City of Kalispell Planning Department 17 - Znd Streit East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751--1850 Fax: (406) 751-1858 website: kalispellplanning. com July 30, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit to increase the communication structure height on the Montana Sky Networks property Dear Jim: The Kalispell City Planning Board met on July 10, 2007 and held a public hearing to consider a request by Montana Sky Networks to increase the height of an existing internet communication structure on the property located at 1286 Burns way. The property is zoned H-1, Health Care, and a conditional use permit is required for the requested additional height within the district. The property can be legally described as Lot 13 of Highland Park Professional Subdivision located in Section 6, Township 28 North, Range 21 West, P.M.M. , Flathead County, Montana. Nicole C. Johnson, with the Kalispell Planning Department., presented staff report KCU-07-04 providing details of the proposal and the staff evaluation. She rioted that the Architecture Review Committee reviewed the project on June 26, 2007 and passed along a favorable recommendation as proposed which is to be considered a material factor in the CUP. All other criteria were met and staff recommended approval of the CUP subject to the six conditions of approval listed in the staff report. One member of the public spoke against the increase in height to the communication. structure. Jerry Stahlberg, the owner of the property next to Montana Sky Networks felt the new structure would not be aesthetically pleasing and would negatively affect property values. He also said that the trees, which act as a partial shield, would not be there forever. No other comments from the public were presented at the hearing and it was closed. Mrs. Johnson did note during her presentation that a few written and verbal comments were received by the PI an n i n g department prior to the public hearing. These comments included concerns related to interference with hospital related equipment., affect to ALERT helicopter flight operations, impact on aesthetics and property values and appropriateness of use on the property. Mrs. Johnson addressed these issues pointing out that Montana Sky Networks uses an existing tower which is currently sending and receiving radio signals and no complaints, in their 10 years of operation at the site, had been received. The business is operating within a license granted by the Federal Communication commission (FCC), the agency that reviews and regulates wireless communication within the United States. The ALERT helicopter program and the city airport were contacted. As indicated in the staff report, the ALERT chief Pilot determined the additional height would have no impact on flight operations. condition 3 listed in the staff report (page S) also requires approval from the city Airport Manager. The rationale for that condition is discussed in detail on page 4 and 5 of the staff report. Property values and aesthetics were also addressed in the staff report on page 7. Briefly, there is an existing 40-foot Internet communications structure on the property which is considered an accessory use to a permitted use within the zoning district. There are 60 foot buildings near the site and the property is more than 300 feet from any residential zoning district. Additionally, the growth policy designates this area as a mixed use area which would accommodate a variety of retails office and healthcare related land uses. The Planning Board discussed the proposal asking questions about adjacent property owner notification, the design of the structure, whether there would be an increase in frequencies or use and the potential for interference with medical equipment. Mrs. Johnson answered these questions and the board voted unanimously to recommend approval of the requested conditional use permit subject to the six conditions listed in the staff report. Please schedule this matter for the August 6, 2007 regular City Council meeting. You may contact this board or Nicole C. Johnson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell city Planning Board {u_t�/Iud� Bryan H. Schutt President Attachments: Exhibit A -Conditions of Approval Staff report KCU-07-04 and application materials Minutes from the 7/ 10/07 planning board meeting c w/ Att: Theresa White, Kalispell city Clerk c w/o Att: Montana Sky Networks Attn: Richard Dasen 1286 Burns Way Kalispell, Montana 59901 2 EXHIBIT A MONTANA SKY ORKS LLC CONDITIONAL USE PERMIT KALISPELL CITY PLANNING BOARD JULY 10, 2007 The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled planning board meeting on July 10, 2007. The following conditions are recommended with approval of the conditional use permit: 1. The structure plans shall be developed in conformance with the reviewed and approved plans by the city of Kalispell's planning office, building department, and architecture review committee (Kalispell Zoning Ordinance). 2. The applicant shall obtain a building permit prior to the construction of the 60--foot structure. 3. Approval of the proposed structure by the Kalispell City Airport Manager shall be obtained and provided to the Kalispell Building Department prior to issuance of a building permit. 4. The communications device shall serve only the Montana Sky Networks business; no co - locating is allowed on the structure with this conditional use permit. (Kalispell Zoning Ordinance) . 5. The structure shall be green in color to blend in with the pine trees of which shall not be removed and the two satellites dishes shall be blended with the surrounding area to the extent possible. (Kalispell Zoning ordinance 27.35. 090 (3), City of Kalispell Architectural Design Standards and Architecture Review Committee recommendation on June 26, 2007.) 6. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. NCJ 3 MONTANA SKY OIZKS REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING OFFICE REPORT #KCU-07-04 July 3, 2007 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit (CUP) to allow an increase in the height limitation for an internet communications device in an H-1 (Health Care) zoning district. A public hearing to review this request has been scheduled before the planning board on July 10, 2007 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION: The property development standards for the HH- 1 zoning district include a height limitation of 40 feet and 60 feet provided a conditional use permit is obtained. section 27.35.090 of the Kalispell zoning Ordinance provides criteria and standards that are required to be met to obtain such a permit. In. general, the additional height may not occur within 150 feet of an "R" or "RA" zone, no structures can exceed a. 1:1 slope from the setback line to reduce impact to surrounding structures, and a recommendation from the Architecture Review Committee is a material factor in the consideration of the application. The following report assesses these criteria. 1. Petitioner: Richard Dasen. 1286 Burns Way Kalispell, Montana 59901 (406)752-4335 Owner: Montana Sky Networks 1286 Burns Way Kalispell, Montana 59901 (406)752-4335 2. Size and Location: The property is located within the H--1, Health Care, zoning district within Kalispell's general medical campus. The building address is 1286 Burns Way just south of Conway Drive approximately 300 feet from Us Highway 93. Montana Sky Networks, an internet provider business, is located on the 9,278 square foot parcel and currently uses a 40 foot tall Internet communications structure and device situated at the southern end of the existing building in front of some large pine trees. Big Sky Family Medicine is directly west from the building and Kalispell Regional Medical Center (KRMC) is south of the site. The KRMC Emergency Room and ALERT Helipad are just northeast of the property. The property can be legally described as lot 13 of Highland Park Professional Subdivision located in section 6, Township 28 North, Lange 21 West, Flathead County, Montana. 3. Summary of bequest: This is a request by Montana sky Networks for a conditional use permit to replace the existing structure with a new internet communications device which would exceed the 40-foot height limit in the H-1 zoning district to provide more reliable service to their clientele. The proposed structure would serve Montana Sky Networks and be 60 feet in height -- an additional 20 feet - and would be placed in roughly the same area the existing structure is located. As indicated above, the property development standards outlined in the Kalispell Zoning Ordinance for the H-1 zone include a 60-foot height option provided a conditional use permit is first obtained (27.12.040 and 27.35.090). 4. Existing Land Use and Zoning. The property is currently developed, containing the Montana Sky Networks building ,which is roughly 3,000 square feet in size, a parking lot to the west, a communications structure at the south end of the building, large pine trees and a lawn. The property is located within. the H-1 zoning district which permits professional office uses like this one. Figure 1 below depicts the property and surrounding land uses. Figure 1. Land uses surrounding Montana Sky Networks 5. Surrounding Zoning and Land Uses Zoning: The area surrounding the Montana Sky Networks property is generally within the same H--1 zoning district and the land uses include mostly health care related businesses which are permitted in the district. US Highway 93 is located approximately 300 feet from the property and the following city zoning districts occur to the merest and south of the major arterial: RA-1 (Low Density Residential Apartment), B-2 (General Business), 1-1 (Light Industrial) and R-3 (Urban Single Family Residential) . Section 27.35.090 (1) prohibits additional height within 150 feet of any "R" or "RA" zone. The residential zones located within the vicinity are at least more than 500 feet from the property which is more than the required 150 foot distance and due to topography and the existing pine trees in the area the residences are not within general viewing distance of the building or proposed structure. Below is a list of land uses and zoning designations within the immediate area. North: Medical office and pharmacy, City H- 1, Health Care zoning Fast: Kalispell Regional Medical Center (KRMC) Emergency Room, ALERT helipad and Family Health Care, H--1, Health Care zoning South.: KRMC Patient Accounts and Grace Church, H-1, Health Care zoning West.- Big Slay Family Medicine, H-1, Health Care 6. Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map dated August 7, 2006 recognizes this area as an Urban Mixed Use Area which is intended to include office, residential, commercial and limited industry. Chapter 4, Policy 3, Section g of the Kalispell Growth Policy 2020 anticipates that the KRMC campus and Buffalo Commons area develop as a mixed use area that will accommodate a wide range of compatible residential, office, commercial and medical uses. The existing commercial business is compatible with the growth policy and the requested conditional use permit to increase the internet communication structure's height by 20 feet is not expected to negatively impact the character or land uses in the area. 7. Utilities / Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: Century Tel Police-. City of Kalispell Fire*. Kahsp ell Fire Department Schools: 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. There is adequate useable space for the proposed use on this property. A 40 -foot internet communications structure currently exists at the south end of the building. The proposed device would be an additional 20 feet and would only slightly exceed the height of the large pine trees that exist to the east on the property. Section 27.35.090 (2) of the Kalispell Zoning Ordinance requires structures seeping additional height to be within a 1:1 slope established at the setback line. The purpose of the 1:1 slope ratio is to locate structures exceeding the permitted height within the zoning district to a more central location on the property. This in turn provides relief to adjoining buildings or uses from structures exceeding the permitted height within the district. The 1:1 ratio and 20 foot structure setback can be met as required. No other changes to the site are proposed 3 as part of this request or are necessary. Due to the proximity of the proposed structure to the hospital's ALERT helipad and the nature of the request (additional height), both the ALERT program and City Airport were contacted. The applicant met with ALERT helicopter personnel who verbally indicated the additional height to the structure would have no impact on flight operations. An email was also received on July 3, 2007 by Mr. George Taylor, Chief ALERT Pilot, confirming this statement and further noting that the helicopter approach/ departure is to the west of the building over Conway Drive. Additionally, Fred Lestiko, Kalispell City Airport Manager, was contacted to determine whether the proposed Internet communications tower was within the Airport Affected Area. The Airport Affected Area Regulation ) Ordnance 1573 was adopted in April of 2006 to plan for the airport's future expansion and includes an area roughly two miles to the north and south of the runway and one mile on either side; horizontal and conical surfaces are also considered and Included on the maps in the ordinance. The proposed structure is approximately 2.6 3 miles from the runway, but does appear to be within the northern most edge of the Airport Affected Area shown on Map A and Map B included in the ordinance. As indicated previously, the site is located on a hill roughly 100 feet higher in elevation from the airport and the property is surrounded by buildings and other structures of similar height that do not protrude the affected surfaces. Approval of the proposed structure by the Kalispell City Airport Manager is necessary to obtain a building permit and has been included as a condition of approval in this report. Mr. Lestiko, based on the information provided, will determine whether Federal Aviation A 'stration. (FAA) regulations apply and if notification per FAA rule §77.13-17 is required. Figure 2. View of the Montana Sky Networks property from the ALERT helicopter landing pad area to the east of the property. The proposed tower would be placed in the general vicinity of the crane shown in the picture. M No b. Adequate Access: The property may currently- be accessed from US Highway 93 off of Conway Drive and Burns way. No changes are necessary and access to the site is adequate. C. Environmental constraints: The property is located on a large hill (approximately 100 feet higher in elevation than downtown Kalispell), the site is level and fully developed with no apparent environmental issues. Although there are some public safety concerns related to transmission and cellular communication towers, this request deals with an existing internet communications structure which is not considered a transmission or cellular communication tower as defined and regulated under 2 7.3 5.0 S 0 of Kalispell's Zoning Ordinance. The existing tower was erected in approximately 1975 and currently transmits and receives radio frequencies related to the internet service provider business. Additionally Montana Digital, a digital internet provider, serves the hospital campus. No known significant additional environmental impact is expected. 2. Appropriateness of design: a. Parking and site circulation: The proposed conditional use permit would not be subject to review for site design because no changes to the property other than replacing the existing communications structure are proposed. There is adequate parking and the site circulation is acceptable. b . O en Space: A lawn, with a picnic bench and pine trees are located on the property. No additional open space is required for this conditional use permit. C. Fencing Screening Z Landscaping: Mature pine trees exist on the east and south end of the property and the building is surrounded by a well maintained grass lawn and other shrubby vegetation. The replacement of the Internet communications device will not affect the existing landscaping. The structure is visible from US Highway 93, however, an additional 20 feet, which would exceed slightly the height of the pine trees, is not expected to be any more conspicuous. The proposed devise is required to go through Architecture Review Committee per Kalispell Zoning Ordinance 27.35.090 (3). The Kalispell Architecture Review committee met on June 26, 2007 and recommended the structure be green in color to blend in with the pine trees of which would not be removed and suggested the two satellite dishes be blended to the extent possible with the surrounding area. The applicant told the committee the tourer was intended to be green. The committee did not otherwise have any issues with the structure as proposed and forwarded on a recommendation of approval. Note that the committee's recommendation per the referenced ordinance is considered a material factor in the acceptance of the application. 61 Figure 3. View of the Montana Sky Networks building from the east and the existing internet communications structure. The approximate heights of the existing and proposed structures are shown below. d. Sims: signs on the property will not be affected by this conditional use permit request. 3. Availability of Public Services/Facilities: a. Schools: This site is within School District #5. No impact is anticipated from the proposed extension of the internet communications tower. b . Parks and Recreation.: There are no parks within close proximity to the site and therefore no impacts are expected to the city's many facilities. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed addition in height. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts or needs are anticipated, from the proposed tower replacement. e. Water and sever: water and surer is currently provided by the City of Kalispell and no changes are necessary. f. Solid wastc: Solid waste pick-up is provided by the City of Kalispell or a private hauler. No changes to the waste pick up area is proposed or necessary. 6 g. streets: No additional traffic is expected to be generated as a result of this request to increase the existing Internet communications tower. 4. Neighborhood Iampacts: Development and land use impacts associated with the increase in height of the Internet communications device will be negligible. The area surrounding the Montana Sky Networks property is generally within the H-1 zoning district and the surrounding land uses include mostly health care related businesses. The hospital Campus includes buildings that are 60 feet in height and the city water tower is located east of the area. US Highway 93 is located approximately 300 feet from the property and a variety of commercial and high - density residential land uses exist across the highway to the west. The existing internet communications structure and pine trees are visible from the highway, however due to topography which slopes down to the crest, the properties further from the highway would not be within viewing distance of the structure. The other residential neighborhoods to the south that are more than a mile from the site are much lower in elevation and will not be impacted by the change in height. There are some visual and public safety concerns associated with transmission tourers and cellular communication towers, however, this request deals with an existing Internet communications device that is currently receiving and transmitting radio frequencies. The structure is not considered a transmission or cellular communication tower defined and regulated under 27.35.080 of Kalispell's Zoning Ordinance. Montana Sky Networks currently operates on a Federal Communication Commission license at the allowed frequencies which have been in use for over 10 years. No issues of interference have been raised until a letter was received in opposition to the increase in height by Dr. Marise K. Johnson, M.D. on June 25, 2007 (referenced letter enclosed and response from. Fred Weber, Montana sky Networks Owner, included) . The internet communication structure currently exists on site and would be expanded 20 feet in height given the conditional use permit is approved for the additional height. The communications device would serve only the Montana Sky Networks business; no co -locating would be allowed on the structure. Note that Montana Digital, an internet service provider, currently serves the hospital campus. No additional significant impacts are expected as a result of this conditional use permit. S. Consideration of historical use patterns and recent changes: The proposal is generally compatible with the immediate area which has been identified as a mixed use area on the Kalispell Future Land Use Map. Montana Sky Networks is considered a professional office type use and is permitted in the H-1, Health Care, zoning district. The internet communication structure, a permitted accessory use, was constructed in 1975 and complied with the zoning and building code. The business is generally surrounded by health care related_ businesses on the Kalispell Regional Medical Center campus. 6. Effects on property values: Minimal impacts to property values are anticipated as a result of this use as an internet communications structure already exists on the property and the existing mature pine trees provide screening on the property. The new structure will be green in color to blend in with the pine trees and the dishes were recommended to be blended as well with the surrounding area. RE&COMMENDATIDN Staff recommends that the planning board adopt the staff report #KCU-07--04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 1. The structure plans shall be developed in conformance with the reviewed and approved plans by the City of Kalispell's planning office, building department, and architecture review committee (Kalispell Zoning Ordinance) . 2. The applicant shall obtain a building permit prior to the construction of the 60-Moot structure. 3. Approval of the proposed structure by the Kalispell City Airport Manager shall be obtained and provided to the Kalispell Building Department prior to issuance of a building permit. 4. The communications device shall serve only the Montana sky Networks business; no co -locating is allowed on the structure with this conditional use permit. (Kalispell Zoning Ordinance). 5. The structure shall be green in color to blend in with the pine trees of which shall not be removed and the two satellites dishes shall be blended with the surrounding area to the extent possible. (Kalispell Zoning Ordinance 27.35.090 (3), City of Kalispell Architectural Design Standards and Architecture Review Committee recommendation on June 26, 2007.) 6. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. NC,J 8 � , 3 t r City of r Kalispel 11-11' icy 15 2007 Planning Depa.rtme�.�. 17 - 2nd Street East, Suite 211, KalispeU, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: � �r�. � At4i OWNER(S) OF RECORD: Name: 14D"TA.fJ A J� � ��Ti,J 0?.KS Mailing Address: 20jqV_S,,, City/State/Zip: Phone: PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Q Mailing Address: C. - . City/ State/ Zip: � � � � Phone: _ .� - .... Job, - T- 2 ?3 ---... _ LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: I � if Cv ��an�5 L� � No. a Co ship �_ No. Z. i Ind Subdivision Tract Lot n Block Name: d'? W i � No(s). No(s).No. H L4-A3 0 P/tR-6 1. Zoning District and Zoning Classification in which use is proposed: 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. _ x- d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. K f. Existing use(s) of structures and open areas. g. proposed use(s) of structures and open, areas. h. Existing and proposed landscaping and fencing. 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, bulb 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 Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process/ App Date 27o35*090: Additional Building Height Strictures requiring a Conditional Use Pernnit due to additional building height, in addition to any other applicable standards, are su�ject to the following standards. 1. No additional height shall be allowed within 150 feet of any, R or RA zone. Any right-of-W ayr adjacent to the subject propeily shall be excluded from the measurement. 2. No structure (subject to Section 27.22.070 regarding exceptions to height regulations) shall extend above a 1:1 slope established with a beginning point at the applicable setback line at an elevation equal to the elevation at natural grade at the nearest point on the property line, plus the maximum heiLht allowed in the zoning fr r i stn" ct r The Architectural Review Committee shall submit a recommendation which shall be considered as a material factor in the dd4onsid€',`mnon of the application. I 4 I j 112 j Ex Is ting Bultoling # ,j 4 I 112 I 1 Prapa=cl Arrtrnm S-a-4 cWrr 162'-.0' Site Pan 0 i co r- North mIw "Iztn All -- ?5A62 TOP SECTION SHOWN, VAR IC)US' IOP SE.C) I OBIS AVAILABLE DEPENDING ON APPLICATION. (c) REVISIONS DESCRIPTION DATE APPROVED NOTES: I.) MOUNT SHOULD ONLY BE USED ON A FEAT SUPPORTING SURFACE, 2.) ALL ANTENNA INSTALLATIONS SHOULD BE GROUNDED BY THE INSTALLER TO MEET ALL APPLICABLE CODES. 3.) TO INSURE SAFETY, NO INSTALLATION SHOULD BE ATTEMPTED WITHOUT A LOCAL PROFESSIONAL STRUCTURAL ANALYSIS. 4.) INSPECT MOUNT AND ANTENNA INSTALLATION EVERY 6 MONTHS (OR AFTER EVERY STORM) FOR TIGHTNESS, 5.) IT IS THE INSTALLER'S RESPONSIBILITY TO VERIF1 THAT HIS INSTALLATION IS ADEQUATE TO WITHSTAND ALL LOADS IMPOSED BY THIS MOUNT AND ANTENNA. * 6.) LOCAL ZONING AND/OR BUILDING CODES AND INSURANCE COMPANIES MAY REQUIRE ARCHITECT OR STRUCTURAL ENGINEERING APPROVAL PRIOR TO INSTALLATION. 7.) IT IS THE INSTALLERS RESPONSIBILITY TO VERIFY THAT CONNECTION I BOLTS AND ROOF i SUPPORitNo STRUCTUIt IS CAPABLE OI SUPPORTING I I ALL LOADS CREATED BY ANTENNA, TOWER AND BASE. 8.) REFER TO DWG A871266 FOR MAXIMUM TOWER HEIGHTS AND I I I ALLOWABLE ANTENNA AREAS. 56' TOWER SLCIION � t AND PHUT k I I 25GSSB --ATTACHMENT � HARDWARE BY OTHEkl) HOLE DIAMETER - 11/16" FOR USE WITH 5/8" BOLTS. � � MINIMUM FASTENING SYSTEM REQUIREMENTS PER BOLT. SHEAR 1000 lb. MIN TENSION 4000 ib. MIN 25G 'AIL UPPORIINij BASE PLAT# THIS 13 01V IS THE PROFFRTY Of ROIIN 11 IS NOI 10 N# COPIED, TRACED OR REPRODUCED IN ANY FORM WITHOUT OUR WRITTEN CONSENT All Di0ENSI0NS ARL GIVIN IN i WO' lUIIkANCLS ARL hs GIVEN BROW uklsS Nolte 01t[Rw15E DECIMAL: 10 063' ANGLES :2' Ili IAf K— 1! 10[ I IU U144At AI z 7/29/99 owner C1.11 r DLB�' o 1 5 w rit(110, 4372 r MUSIRAHOH 1 8990924 f 0 co ROO,- 1.y -Ti7L L AT/ON A/4T£5 d Dllf TO THE Y.Q.P//lBLES //YNOLYEO /N RDOf 1,v,r"Lt.QT/ONJ; /i' J-HAL L BE THE CUSTOAf e+ r REJ'PONJ'IB/L/Tr MRROYWe J'T. ZAMIRALLY 9T£ JWAVO erX FOR PIZ A .40E(JU.OANE,'AR CQ Al--iCT/OrVS. "d-, a NO. 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T/Yf CflJTD.f�ER O.P/NJ"T.fLLE�P TU .fECU.PE TiYE JE.QY/CF �" ar o�. o.�„w. �.�uo� Qf.91DIC"AL E/f/G//YECiP/2JQETER.d!/�/ET�iRT/ii%J'TAlL.9T/IDiY c «ttr Dw ~im nrAo WAM CLd41f�Ll.E.,F•' JfR/Til�ddC9L dU/LGVEi/GCO.LtEJ; .� Zt�`f- t�zG-7� V,0TE.- FD.P t-C, f2.avr ,,W&7V c;f f lJF"Ie ' X" C TSO/S f. 1 � 4 j- w-X C 7&00'0�� Nicole Johnson From: George Taylor [georgetaylor a@krmc.org] Sent: Monday, July 02, 2007 5:56 PM To: njohnson@kalispell.com Subject: internet communications structure l was asked to respond to your concerns about the purposed location of the tower (intemet communication structure) Montana Sky Networks would like to construct next to their building and if it would interfere with our helicopter operations. our approach/departure path to the west is over Conway Drive, as the purposed location is well clear of that, it would not interfere with our operations to or from the hospital helipad. George Taylor Chief Pilot ALERT 713I � 007 Kafispefl MP.L.L.C. 1280 Burns Way ■ Kalispell, Montana 59901 Morris K. Johnson, M.I., F.A.C.P. ■ Linda Grossman, R. N., F.N.P. Marise Johnson Phone 446-755-5266*FAX 406.755-0228 06-25-07 Planning Board City of Kalispell 17 2 nd Street East Suite 211 Kalispell, Montana 59901 RE: Montana Sky Networks Conditional Use Permit to exceed 60 feet Public Hearing 07-10-07 Dear Sirs, As a nearby property owner, I object to granting a conditional use permit for a tower. As the majority, if not all of neighboring buildings are medical practices, we all have sensitive electronic medical equipment, and internet uses that might be negatively impacted in ways, known and yet unknown (such as cell phones and cardiac equipment) that could be hazardous to patients. In addition, as more and more medicine expands in the use of computerized records, databases, and telemedicine, the permutations can not all be accounted for. These medical practices need to be located on the hospital hill near services they and their patients require. The same cannot be said for Montana Sky Networks. In addition, as a certain safety risk, the ALERT Helicopter flies directly over the building in question and 1 expect a 50 foot tower is an extreme safety hazard particularly in windy weather and as earlier this year when an emergency landing was required for mechanical reasons. I would also object to the negative impact the tower would have on the aesthetics and property values, as well as the disruption construction would have on the hospital's private parking lots abutting the building west and South which are used by patients of the Highland Park Professional Subdivision. These parking spaces are limited and at a premium with often little or no parking left as the Subdivision has been completely developed. Montana Sky Networks may be unaware but the parking lots are privately owned and not public. Patients in need of healthcare have to come to the Hospital Hill to get that Healthcare and when ill, disabled or in pain, should not be subjected to difficulties with parking, for a purpose that requires a public exception. Sincerely, Marise K. Johnstin .D. MKJ/mkj Nicole Johnson From: The Mooseman [frederickmooseweb.com] Sent: Tuesday, July 03, 2007 8:38 AM To. Nicole Johnson Subject: 2 FAA, City Airport, Alert Concerns Attachments: faa7480-1.pdf 1g faa7460-1. �df (208 KB Nichole Johnson Kalispell Planning and Zoning July 3, 2007 Dear Nichole, I have researched the concerns raised by Dr. Johnson's letter to the planning board wherein the doctor raised the follow concerns regarding Montana Sky Net's proposed Internet Communication structure at 1286 Burns Way. I have responded to each below the listed concern. Danger to the Alert Helicopter I presented photos, drawings and plans to Alert twice and visited in person with Alert's Chief Pilot, Mr. George Taylor. After careful review, Chief Taylor told me the proposed structure would present no danger to the flight operations of the hospital helicopter as their take off and landing profile and route of choice is directly down the middle of the Burns way street and not over the buildings, trees or structures around the hospital. Since Montana Sky's structure is well south of Alert's operation area and south of Burns way, Mr. Taylor entered no objection to this proposal. City Airport operation Area Encroachment I contacted Mr. Fred Lestigo, the manager of Kalispell City Airport for the boundaries of the airport's planning area. Mr. Lestigo told me the airport area is a race track elliptical pattern one mile wide and two miles long from the airport. Montana Sky's structure is located. 2.63 miles from the airport and is well outside the airports authorized planning area. FAA Notif ication Enclosed is FAA Rule 77.13 documenting the requirements for notification to the FAA of structures like this one proposed by Montana Sky Networks. 77.13 Lists those requirements as construction over 200 above the ground.: the Montana Sky structure is 60 feet and many trees are higher therefore no FAA notification is required. Ail other requirements do not apply in the FAA because the proposed Internet communication structure is not within any of the distant or height criteria listed in 77.13. FAA notification is not required. i Internet Microwave Radio Interference Dr Johnson's concern that the radio wave or frequencies of Montana Sky's communication structure could damage her electronic equipment of files in her office a city block away from the construction site. Montana Sky' s radios operate on FCC granted or .licensed frequencies designed for our and our competitors purpose of providing wireless network connectivity. These frequencies are already in use and have been in use in the City of Kalispell for over to years. Montana Sky currently utilizes these radios on a smaller structure and those frequencies reach Dr. Johnson office and all surrounding hospital buildings in the KRMC complex. There have been no issues of interference raised by anyone. Montana Sky' s competitor, Montana Digital, LLC, 201 Main Street has a dozen or more CPE radios serving buildings in Dr. Johnson's area for the last to years, operating of the same frequencies which Montana Sky operates and there have been no cases of interference ever made to Montana Digital LLC. There will be no interference to any electronics in the area of Montana Sky Networks proposed structure. I hope this will help in answering the concerns raised, and thank you and the planning board for their diligence in this matter. Sincerely, Is/ Frederick Weber Chairman Montana Sky Networks, Inc. 2 CERTIFICATION APPLICANT: Montana Shp Networks FILE NO: HCU-07-04 I, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners adjoiningaLdjoining the property lines of the property that is requesting a conditional use permit. Date: S-T'-R0 . 6-282l Tract f Lot: 13 Highland Park Professional Sub. Property Owners. Montana Sky Networks Attn: Richard D asen 1256 Burns way Kalispell, MT 59901 AND ATTACHED LIST Montana Slay Networks Northwest Healthcare Corp Marg aret argaret Brawn Attn. Richard Dasen Ad �o Charles Peace 1286 Burns �]LTa 3 l0 Sunn ieLane 215 Somerset Drive y ��r Kalispell, MT 59901 Kahspell, MT 59901 Kalispell, MT 59901 P Spruce, Inc. 1273 Burns way Kalispell, MT 59901 ILH Investments 575 Sunset Blvd, Ste 105 Kalispell, MT 59901 Kalispell Medical Arts, LLC 210 Sunnyview Lane Kalispell, MT 59901 Northwest Healthcar Corp AD% Brendan House 325 Claremont Street Kalispell, MT 59901 Flathead County Planning Board Attn: Gene Dziza 98 Pleasant View Drive Kalispell, MT 59901 Flathead Health Center, Inc. 310 Sunnyview Lane Kalispell, MT 59901 Montana Sky Networks 100 Moose Country Road Rexford, MT 59930 Burlin Properties, LLC 200 Commons way Kalispell, MT 59901 Marise K. Johnson, MD Survivors Trust 539 - 3rd Street East Kalispell, MT 59901 Thomas Stahlberg P.G. Box 21209 Elejon, CA 92021 GPS, LLP 255 white Pine Kalispell, MT 59901 Flathead Health Center, Inc. B.J. Grieve AD% Kalispell Regional Med Ctr Flathead Plar�n�rlg & Zoning 322 Sunnyview Lane 1035 First Avenue west Kalispell, MT 59901 Kalispell, MT 59901 City of Kalispell Planing Department 17 - 2,d Street East, Suite 211, K.aalispell, Montam 59901 Telephone: (406) 751-1850 Fax: (406) 751-I858 Wehsite: kalispellplanning.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below, and wrffl be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING CObTKISSION .TUFF 10, 2007 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, July 10, 2007 be aning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell. City Council who will take final action. 1. A request from Wayne Turner for a growth policy amendment from industrial to suburban residential, annexation and initial zoning classification of R- 3, Urban Single Family Residential, on an approximately 24. S acre portion of a 164.5 acre project site. In addition, the developer is requesting a Planned Unit Development (PUD) overlay zoning district on a 140± acre portion of the 164.5 acre project site. The developers have also requested approval of Willow creek, a preliminary plat to create 322 single family lots, 74 townhouse lots and 5 lots which would accommodate multi -family buildings. A total of 17 multi -family buildings are proposed over the 6 multi -family lots and would allow, up to 184 condominium units. The property is in the county zoning jurisdiction and is zoned Rr-1, Suburban Residential, and 1-2, Heavy Industrial. The property is located on the north side of Foys Lake Road at the intersection of Foys Labe Road and Valley View Drive. The properties included in the overall project site can be described as 'Facts 1, IAI, 1B, IBA, 1BB, 1D, 1DA, 1E, 1F, 1FA, 1FB, and 7A.B located within the N 1/2 of the N 1/2 of the S 1/2 of Section 13, Township 28 North, Range 22 West. 2. A request by Ashley Heights, LLC for annexation and initial zoning on an 11.1 acre tract of land located on the south side of Sunnyside Drive approximately Soo feet wrest of the intersection of Sunnyside Drive and Ashley Drive. The owner is requesting the R-2, Single Family Residential, zoning district upon annexation into the city of Kalispell. The owner has also applied for Ashley Heights, a preliminary plat to create 25 lots ranging in size from 9,600 square feet to approximately 17,880 square feet on an 8.5 acre portion of the 11.1 acre tract of land. There is a currently a house, addressed as 1204 Sunnyside Drive, and a shop located on the 11.1 acre tract of land. The tract of land can be legally described as Government Lot 1, Assessor's Tract 10 located in Section 19, Township 28 North, Range 21 West. 3. A request by Montana Sky Networks to construct a tower which exceeds the permitted 40 -foot height limit in the Hw-1 Health Care) zoning district. The proposed tower would serve Montana Sky Networks, an internet provider, and be 60 feet in height. Section 27.1- 2.404 of the Kalispell Zoning Ordinance allows structures up to 60-feet in the H-1 toning district provided a conditional use permit is first obtained. The proposed tower would be located on the south end of the existing building located at 1286 Burns way, the current location of Montana Sky Networks. The property can be legally described as lot 13 of Highland Park Professional Subdivision located in Section 6, Township 28 North, Range 21 west. 4. A request by Touchstone LLC for annexation, initial zoning and preliminary plat on a 7.5 acre tract of land located off of Three Mile Drive. The owner is requesting to annex into the city of Kalispell and has requested the R-3, Urban Single Family Residential, zoning district. The owner has also applied for Mountain Vista Estates, Phase 4, a preliminary plat to create 19 lots ranging in size from 7,000 square feet to apprwdma.tely 15,600 square feet. The tract of land is located immediately- east of Mountain. Vista Estates Phase 1 subdivision and can be legally described as Assessor's Tract 1BFA located in Section 2, Township 28 North, Range 21 west. 5. A request by Craig -Craig Rentals, LLC for annexation and initial zoning of two tracts of land that encompass 1.385 acres located on the southern end of Kali.spe ll,'s commercial and industrial entrance corridor. The applicant is requesting a B- 2, General Business, zoning designation upon annexation.. The two properties proposed for annexation are located on the vest side of US Highway 93 approximately three --quarters of a mile south of Kelly Road and one-third of a mile north. of Lower Valley Road/Cemetery Road. The Fire Place Center, which is currently an the property is addressed 2790 Highway 93 South, Kalispell, Montana 59901. The property can legally be described as tracts 5CC and 5CCD located in Section 20, Township 28 North, Range 21 Nest, F.M.M., Flathead County, Montana. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 5 3901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns down to the Board. written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (405) 751-1 S50, or e-mail us at pl_.annin akal.ispell.com, for additional information. . AFe:._i-x9�4� NCTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COM- MISSION J U LY 10, 2007 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, July 10, 2007 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Half, 312 First Avenue East, Ka- lispell. The planning board wili hold a public hearing and take public comments on the follow- ing agenda items. The Board wiil make a rec- ommendation to the Ka- lispell City Council who will take final action. 1 _ A request from Wayne Turner for a growth policy amend- ment from industrial to suburban residential, annexation and initial zoning classification of R-3, Urban Single Fami- ly Residential, on an ap- proximately 24.5 acre portion of a 164.5 acre project site. In addition, the developer is re - dnesting a Planned Unit evelopment (PUD) overlay zoning district on a 140t acre portion of the 164.5 acre project site. The developers have also requested ap- proval of Willow Creek, a preliminary plat to cre- ate 322 single family fats, 74 townhouse lots and 6 lots which would accommodate multi- family buildings. A total of 17 multi -family build- ings are proposed over the 6 multi -family lots and would allow up to 184 condominium units. The property is in the County zoning jurisdic- tion and is zoned R-1, Suburban Residential, and 1-2, Heavy Industri- al. The property is locat- ed on the nonh side of Foys Lake Road at the intersection of Foys Lake Road and Malley View Drive. The proper- ties included in the over- all project site can be described as Tracts 1, 1AI, 1 B, 1 BA, 1813, ID. 1 DA, 1 E, 1 F, 1 FA, 1 FB, and 7AB located within the N 1/2 of the N 112 of the S 112 of Section 13, Township, 28 North, Range 22 West. 4• A request by Ashby `-eights. LLC for annex- ,ttion .and initial, *anmg _)n an 111 ache tract of ot 1c�tL1V Cti �t :1ur""side �and_.ftt'ctey-'DT". The owner is requesting the R-2, Single Family Residential, zoning dis- trict upon annexation in- to the city of Kalispell. The owner has also ap- plied for Ashley Heights, a preliminary plat to cre- ate 26 lots ranging in size from 9,600 square feet to approximately 17,880 square feet on an 5.5 acre portion of the 11.1 acre tract of land. There is a current- ly a house, addressed as 1204 Sunnyside Drive, and a shop locat- ed on the 11.1 acre tract of land. The tract of land can be legally described as Government Lot 1, Assessor's Tract 10 lo- cated in Section 19, Township 28 North, Range 21 West. . S. A request by Mon- tana Sky Networks to construct a tower which exceeds the permitted 40-foot height limit in the H-1 (Health Care) zoning district. The pro- posed tower would serve Montana Sky Net- works, an internet pro- vider, and be 60 feet in height. Section 27.12.404 of the Kaiis- pall Zoning Ordinance allows structures up to 66-feet in the H-1 zon- ing district provided a conditional use permit is first obtained. The pro- xv�xsed tower would be `laicated on the south dhd of the existing build- i"rig located at 1286 Burns Way, the current location of Montana Sky Networks. The property can be legally described as lot 13 of Highland Paris Professional Sub- division located in Sec- tion 6, Township 28 North, Range 21 West. 4. A request by Touchstone LLC for an- nexation, initial zoning and preliminary plat on a 7.6 acre tract of land located off of Three Mile Drive. The owner is re- questing to annex into the city of Kalispell and has requested the R-3, Urban Single Family Residential, zoning dis- trict. The owner has al- so applied for Mountain Vista Estates, Phase 4, a preliminary plat to cre- ate 19 lots ranging in size from 7,000 square feet to approximately 15,600 square feet. The tract of land is located immediately east of Mountain Vista Estates Phase 1 subdivision and can be legally described as Assessor's Tract 1 BFA located in section own-zhio 18 [forth. PST. S. A request by Craig Craig Rentals, LLC fo annexation and initia zoning of two tracts o-, land that encompass 1.385 acres located on the southern end of Ka- lispelf's commercial and industrial entrance corri- dor. The applicant is re- questing a B-2, General Business, .zoning desig- STATE OF MONTANA nation upon annexation. The two properties pro- posed for annexation FLATHEAD COUNTY arewest el of US Highway the g ay 93 approximately three- AFFIDAVIT OF PUBLICATION quarters of a mile south of Kelly Road and one- third of a mile north of Lower Valley RICHELLE BROUWER BEING DULY e .Roadi Road. SWORN, DEPOSES .AND SAYS: THAT SHE IS THE Th e Firr e Place Center, which is currently the LEGAL CLEF O�' THE L� DAILY INTER LAKE A property is addressed sed 2790 93 DAILY NEWSPAPER OF GENERAL CIRCULATION,} South Kalispell, al�T ell, propMonerty 59901. The property PRINTED AND PUBLISHED IN THE CITY OF {,na '-can tractsb 5CCcnand KALISPELL, IN THE COUNTY OF FLATHEAD 5CCD located in Sec- STATE OF MONTANA, AND THAT No. I R tion 20, Township 28 worth, Range 21 west, LEGAL ADV RTISMENT WAS P.M.M. Flathead ty, Montana. coun- PRINTED AND PUBLISHED IN THE REGULAR ANE. '' Documents ertainin ENTIRE ISSUE OF SAID PAPER, A.ND IN EACH ANI`on to the agendapitems are file for public inspec- EVERY COPY" THEREOF ON THE DATES OF tion at the Kalispell J?'U- Planning Department', + 1,7 Second Street East, Suite 211, Kalispell, MT .1%901, AND THE RATE CHARGED FOR THE ABOVE and are availa- review - ei�g PRINTING DOES NOT EXCEED TH.E MINIMCJM car g regular office regular lours. GOING RATE CHARGED TO .ANY OTHER. Interested persons are encouto ADVERTISER FOR THE SAME PUBLICATION, the hea gn gd andattend make SET IN THE SAME SIZE their views and con- cerns known to the FOR. THE SAME NUMBER OF INSERTIONS. Board. written com- ments may be submit- ted to the Kalispell Plan- : �,.. ning Department at the above address, prior to the date of the hearing, or you may call us at Subscribed and sworn to (406) 751-1850, or e- Before me this mail us at t"'Lntas planning @ kalispell.com for additional informa- tion. /s/T'homas R. Jentz Thomas R. Jentz Planning Director June 24, 2007 Notary Public for the State of Montana Residing in Kalispell My Commission expires