3. Conditional Use Permit - TriStar CommunicationsREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Conditional Use Permit - Tri-Star Communications
Cellular Communication Tower - Third Ave. W.N.
January 7, 2002
BACKGROUND: This is a request for a conditional use permit to allow the
construction of a cellular communication tower on property located on the east side of
Third Avenue W.N. at the end of the street in Kalispell. The property is one city lot and
is 50 feet wide and 142 feet long or 7,100 square feet. The tower would be on the
eastern portion of the site and would be a monopole on a concrete foundation that
would be between 160 to 180 feet in height with room for four to six wireless service
providers. There is an existing metal building on the property that contains
approximately 2,500 square feet which is currently unoccupied. It could house some of
the equipment associated with the tower.
The zoning on the property is B-5, a Commercial / Industrial zoning district that lists
cellular communication towers as a conditionally permitted use and subject to
performance standards.
The Kalispell City -County Planning Board held a public hearing at their regular
meeting of December 11, 2001. One property owner in the neighborhood spoke in
opposition to the tower because she felt it would devalue her property. A motion was
made and passed unanimously to forward a recommendation that the conditional use
permit for the tower be approved subject to the recommended conditions.
RECOMMENDATION: A motion to approve the conditional use permit for the cellular
communication tower subject to conditions may be in order.
FISCAL EFFECTS:
ALTERNATIVES:
4/L
Narda Wilson
Senior Planner
Minor positive impacts once developed.
As suggested by the city council.
Chris A. Kukulski
City Manager
Providing Community Planning Assistance To:
• City of Kalispell 0 City of Columbia Falls • City of Whitefish
Tri-Star Communications Conditional Use Permit
December 19, 2001
Page 2
Report compiled: December 19, 2001
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter and Exhibit A (conditions of approval)
Staff report KCU-01-3 and application materials
Draft minutes from 12/ 11/01 planning board meeting
H: \FRDO \TRANSMIT\KALISPEL\2001 \KCU-0I-3MEMO.DOC
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Tri-Star Communications, LLC
PO Box 1782
Billings, MT 59103
Flathead Industries
PO Box 1916
Kalispell, MT 59903
LEGAL DESCRIPTION: Construction of a monopole cellular communi-
cation tower between 160 and 180 feet tall on
property located on the east side of Third
Avenue WN at the end of the street, and
further described as Lot 7, Block 28,
Kalispell Original Townsite located in Section
7, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
ZONE: B-5, Commercial/Industrial
Tri-Star
Communications,
LLC has applied to the
City of
Kalispell
for a conditional use permit to construct a
monopole
cellular
communication tower on
Third Avenue WN.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on December 11, 2001 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 Tri-City
Planning Office report, and after duly considering the matter, the
City Council of the City of Kalispell, pursuant to the Kalispell
Zoning Ordinance, hereby adopts Tri-City Planning Office,
Conditional Use Report #KCU-01-3 as the Council s findings of fact,
and issues and grants to the above -described real property a
conditional use permit to construct a cellular communications tower
in the B-5, Commercial/Industrial zoning district subject to the
following conditions:
SECTION I.
1. The proposal will be developed in substantial conformance
with the site plan which shall govern the location of the
tower and access.
1
2. That the City of Kalispell Building Department and the
Kalispell Fire Department shall review and approve the
building plans and fire suppression system for compliance
with the applicable building and fire codes.
3. A minimum 15 foot setback from the residentially
developed property to the north shall be maintained.
4. That the developer shall demonstrate that the height of
the structure does not exceed those as limited by the FAA
in association with the Kalispell Municipal Airport prior
to obtaining a building permit.
5. That at the time of application for a building permit for
the tower foundation, the applicant shall provide to the
Kalispell Building Department an engineer's certification
of structural safety for the tower.
6. This permit is valid for a period of 18 months after
which time it will terminate if commencement of
authorized activity has not begun. Activity can be
demonstrated by a continuous, good faith effort to secure
financing, permits, engineering and design.
Dated this day of , 2002.
Pamela B. Kennedy
Mayor
STATE OF MONTANA )
: ss
County of Flathead )
On this day of , 2002, 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.
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires
2
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
December 19, 2001 tricity@centurytel.net
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit - Tri-Star Communications
Dear Chris:
The Kalispell City -County Planning Board met on December 11, 2001, and held a public
hearing to consider a request by Tri-Star Communications for a conditional use permit to
allow the construction of a cellular communication tower on property located at the
south end of Third Avenue W.N. The property is zoned B-5, Commercial / Industrial,
which lists cellular communication towers as a conditionally permitted use. New
standards addressing the location and placement of cellular communication towers were
recently adopted by the Kalispell City Council at the request of this applicant.
Narda Wilson, of the Tri-City Planning Office, presented staff report KCU-01-3, noting the
location of the tower would be in a neighborhood were it would be least intrusive. Staff
recommended approval of the conditional use permit subject to the conditions outlined in
the staff report.
At the public hearing the applicant spoke in favor of the proposal and one person in the
neighborhood spoke in opposition. She was concerned that the tower may devalue her
property and decrease its marketability in the future.
After the public hearing the board discussed the proposal, taking into consideration the
location of the tower and performance standards. A motion was made and passed
unanimously to forward a recommendation to the city council that the conditional use
permit for the cellular communication tower be granted subject to the conditions
outlined on attached Exhibit A.
Please schedule this matter for the January 7, 2002 regular city council meeting. You
may contact this board or Narda Wilson at the Tri-City Planning Office if you have any
questions regarding this matter.
Sincerely
Kalispell City -County Planning Board
Gi/ g tevens
Presi ent
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Tri-Star Communications Conditional Use Permit
December 19, 2001
Page 2
GS/NW
Attachments: Exhibit A (conditions of approval)
Staff report KCU-01-3 and application materials
Draft minutes 12/ 11/01 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Tri-Star Communications, LLC., P.O. Box 1782, Billings, MT 59103
Flathead Industries, P.O. Box 1916, Kalispell, MT 59903
H:\FRDO\TRANSMrr\KALISPEL\2001 \KCU-01-5. DOC
Tri-Star Communications Conditional Use Permit
December 19, 2001
Page 3
EXHIBIT A
CONDITIONAL USE PERMIT FOR TRI-STAR COMMUNICATIONS
CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL CITY -COUNTY PLANNING BOARD
DECEMBER 11, 2001
The Kalispell City -County Planning Board is recommending the following conditions to the
Kalispell City Council for the above referenced conditional use permit request. A public
hearing was held on this matter at the December 11, 2001 planning board meeting:
That the proposal will be developed in substantial conformance with the approved site
plan which shall govern the location of the tower and access.
2. That City of Kalispell Building Department and the Kalispell Fire Department shall
review and approve the building plans and fire suppression system for compliance with
the applicable building and fire codes.
3. A minimum 15 foot setback from the residentially developed property to the north
shall be maintained
4. That the developer shall demonstrate that the height of the structure does not
exceed those as limited by the FAA in association with the Kalispell Municipal
Airport prior to obtaining a building permit.
5. That at the time of application for a building permit for the tower foundation, the
application shall provide to the Kalispell Building Department an engineer's
certification of structural safety for the tower.
6. This permit is valid for a period of 18 months after which time it will terminate if
commencement of authorized activity has not begun. Activity can be demonstrated by
a continuous, good faith effort to secure financing, permits, engineering and design.
KALISPELL CITY -COUNTY PLANNING BOARD
MINUTES OF THE MEETING OF
DECEMBER 11, 2001
CITY PROJECTS
CALL TO ORDER AND Chairman Greg Stevens called the meeting to order at 7:00
ROLL CALL PM. Members present were: Don Garberg, Dale Pierce, Ron
Van Natta, Bill Rice, Greg Stevens, Brian Sipe, Don Hines,
Rob Heinecke and Don Mann. Narda Wilson represented the
Tri-City Planning Office. There were approximately 10 people
in the audience.
APPROVAL OF MINUTES There was a motion by Sipe and second by Pierce to approve
OF THE NOVEMBER 13, the minutes of the meeting of the November 13, 2001 as
2001 MEETING presented.
TRI-STAR A request for a conditional use permit by Tri-Star
COMMUNICATIONS Communications to allow the construction of a cellular
CONDITIONAL USE communication tower located in a B-5, Commercial/
PERMIT Industrial zoning district on property located 59 Third Ave
W.N. in Kalispell.
STAFF REPORT #KCU-01-3 Narda Wilson of the Tri-City Planning Office gave a
presentation of staff report #KCU-01-3 saying this was a
request for a conditional use permit to allow the construction
of a cellular communication tower on the eastern portion of
the property. Wilson said the tower would be a monopole on
a concrete foundation that would be between 160 to 180 feet
in height with room for four to six wireless service providers.
Staff is recommending approval subject to the conditions
listed in the staff report.
APPLICANT/AGENCIES J.R. Reiger of Tri-Star Communications, Billings, MT spoke
in favor saying the communications tower was co -locatable
and would accommodate four to six major carriers and he
was in weekly contact with numerous carriers around the
country that hopefully in the future move in to Kalispell.
Reiger said the tower would provide the infrastructure for
those carriers, and because it was co -locatable it would also
accommodate multiple small wireless companies that provide
wireless internet services. Reiger said the tower would be
located in a heavy commercial zone and he had an option to
buy the property if the conditional use permit was approved.
Reiger said there would be no need to build other wireless
towers within a mile or more, and the abandoned building on
the site would be used to house the wireless companies'
equipment.
Mann asked if the tower could be camouflaged.
Kalispell City -County Planning Board
Minutes of the meeting of December 11, 2001
pane 1 of 5
Reiger said there were no trees in the area so he couldn't
really conceal it, but the tower was just a thin needle that
was colored flat gray that blends in with the sky.
Van Natta asked what the diameter of the tower was.
Reiger said the base diameter was probably four or five feet.
Sipe asked what the range was.
Reiger said it depended on where the carrier located on the
tower, but at the top the range would be the entire city
limits, and at 90 feet it would probably be a three -mils
radius.
Hines asked whether the grain elevators could be used, and
whether he had approached the MDOT to use their tower.
Reiger said he had approached the owners of the elevators
but the price they were asking was exorbitant and his
business was not locating on someone else's equipment, but
was to bring in carriers to locate on his towers.
Reiger said he had not contacted MDOT because he had
designed the system for Kalispell and their tower didn't fit
into the search ring.
Heinecke asked if he had any concerns with the conditions.
Reiger replied he didn't.
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
PROPONENTS There was no one who wished to speak
OPPONENTS Nora Karens spoke in opposition, saying she owns the two
lots at the end of Third Avenue W.N. and felt it would devalue
their property by having the tower located at the proposed
site, and that she objected to towers in town no matter who
owned the property. Karens also asked if there was any
danger associated with the towers.
Reiger said in there were two safety issues at hand — radio
waves or microwaves, and the other was what happened if
the tower falls. Reiger said these towers had been through
hurricanes, such as Hurricane Andrew, tornadoes in Texas,
and they just don't' fall because they were unbelievably over -
engineered as far as the foundation goes. Reiger said if
something should ever happen to cause the tower to fall they
are engineered so that he knew where the exact break point
was because it was designed in the tower and it will fall to a
certain angle and place on the ground. Reiger said in
Kalispell City -County Planning Board
Minutes of the meeting of December 11, 2001
regards to the radio waves surf technology was nationwide,
there had never been a proven case that they cause danger,
and the FCC monitors the towers constantly. Reiger
reiterated that this area was a heavy commercial zone inside
Kalispell.
There was no one else who wished to speak and the public
hearing was closed.
MOTION Van Natta moved that the Kalispell City -County Planning
Board adopt staff report #KCU-01-3 as findings of fact and
recommend to the Kalispell City Council that the conditional
use permit be granted subject to the six conditions as listed.
Mann seconded the motion.
BOARD DISCUSSION Van Natta said Reiger was correct in saying that federal law
that these towers be allowed, and felt the Board had done the
best they could to get these towers located in a commercial
area mandated it. Van Natta said it would be a matter of
getting used to it and he would vote for it.
ROLL CALL The motion passed with a vote of nine in favor and none in
opposition.
OLD BUSINESS Heinecke asked if the County staff could be present for the
old business.
Stevens said if there had been old business, it should be on
the agenda.
Heinecke said it had been agreed that there would be County
vicinity map in the packet showing the zoning from the
County Planning Office, but there weren't any, and now the
County staff had already left the meeting so they wouldn't
know if there had been old business unless they read the
City portion of the minutes. Heinecke said it would be easier
if they worked with each other.
Heinecke asked about the status of the parking standards
Narda said nothing had happened yet but it was on the work
program list.
NEW BUSINESS Stevens said they had received a letter from Pam Kennedy,
the City of Kalispell Mayor Elect that asked the Board to
move the regularly scheduled meeting of January 8th to
January 151h so that board appointments could be made.
Stevens said they had discussed it at the last month's
meeting and he didn't have any objections, but did asked if
any of the applicants would be put in a time frame bind.
Kalispell City -County Planning Board
Minutes of the meeting of December 11, 2001
P —'2 of
Wilson said there wouldn't be any problems with the City
applications but was unaware of the status of County
projects.
MOTION Van Natta moved that the January 8th meeting of the
Kalispell City -County Planning Board be rescheduled to
January 15, 2002. Mann seconded the motion.
On a vote by acclamation, all members voted aye.
Rice said he would like to discuss the letter that Stevens had
written on behalf of the Board that had been sent to the
Commissioners.
Stevens said the letter had been written on behalf of only
those members of the Board who had signed it, and it had
not been intended as official planning board action. Stevens
said he purposely did not ask any one who would be subject
appointment by the City on this board or other boards to
sign the letter because he thought it might put those
appointments in jeopardy. Stevens said the members who
signed the letter were members who were appointed by the
County or who were not reapplying for appointment by the
City.
Rice said the media had reported that it was from the City -
County planning board and it was too bad they reported it
incorrectly. Rice said he still felt the Board should discuss
the issue and asked if any one else wanted to talk about it.
Stevens said it was not an agenda item for tonight and any
discussion at this point was moot since the city manager and
the commissioners were presently discussing the issue.
Garberg said he felt it would be appropriate for the Board to
discuss the issue.
MOTION Mann moved to have the issue put on the January meeting.
Sipe seconded the motion.
Garberg said they should talk about it because they were all
here, it was a public meeting and they may not have a
January meeting.
Heinecke said the place to discuss the issue was at the
Commissioners public hearing. Heinecke said the Board had
worked well as a group and didn't understand where the
conflict was coming from, and that he disagreed with Van
Natta opinion that the Board was polarized. Heinecke said
he had been aware of the letter but chose not to sign it, and
feels the Board should remain a joint board.
Kalispell City -County Planning Board
Minutes of the meeting of December 11, 2001
o----a....r S
Rice said he was surprised that the Commissioners and
Council had not asked to have it put on this evening's
agenda so that the board could provide them with a
recommendation.
Van Natta agreed they should not disband but did say at this
point in time that new faces would not hurt a bit. Van Natta
said he had not had the opportunity to have a workshop with
the Board on planning, but feels that there are members who
are looking out for a specific thing as opposed to what was
best for the community as a whole.
ROLL CALL VOTE On a roll call vote the motion passed on an eight to one vote,
with Stevens, Van Natta, Hines, Sipe, Pierce, Heinecke, Mann
and Garberg voting in favor and Rice voting against.
Hines said he would like to extend a heartfelt thank you to
Garberg for all his years of hard work on the Board since he
would not be doing this again in January, as he was a "past
tense".
ADJOURNMENT
Stevens said he would like to endorse that because Garberg's
service on the Board was typical of the character of several of
the members because they think independently and work for
what they think is right.
The meeting was adjourned at 8:10 p.m.
e-,Stevens, Chairman
APPROVED as submitted: _ / corrected
Sandie Mueller, Recording Secretary
Kalispell City -County Planning Board
Minutes of the meeting of December 11, 2001
TRI-STAR COMMUNICATIONS, INC.
TRI-CITY PLANNING OFFICE
iNAL USE PERMIT STAFF REPORT #KCU-01-3
DECEMBER 3, 2001
A report to the Kalispell City -County Planning Board and Kalispell City Council regarding
a request for a conditional use permit for the installation of a cellular communication
tower. A public hearing has been scheduled before the Kalispell City -County Planning
Board for December 11, 2001, beginning at 7:00 PM, to consider this request. The
planning board will forward a recommendation to the Kalispell City Council for final
action.
A. Owner / Petitioner:
Tri-Star Communications, LLC.
P.O. Box 1782
Billings, MT 59103
(406) 252-9999
Flathead Industries
[P.O. Box 1916
Kalispell, MT 59903
(406) 755-7656
B. Size and Location: The property where the cellular communication is proposed is on
the eastern portion of property located on the east side of Third Avenue W.N. at the
end of the street in Kalispell. The property contains one city lot and is 50 feet wide
and 142 feet long or 7,100 square feet. The property can be described as Lot 7,
Block 28, Kalispell Original Township located in Section 7, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
C. Nature of Request: The applicants are requesting a conditional use permit to allow
the construction of a cellular communication tower on the eastern portion of the
property where it is proposed. The tower would be a monopole on a concrete
foundation that would be between 160 to 180 feet in height with room for four to six
wireless service providers.
D. Existing Land Use and Zoning: There is an existing metal building on the property
that contains approximately 2,500 square feet and does not appear to be currently
occupied. The zoning on the property is B-5, a Commercial / Industrial zoning district
that lists cellular communication towers as a conditionally permitted use and subject
to performance standards.
E. Surrounding Zoning and Land Uses Zoning: This area is primarily commercial in
nature but could be described as a mix of residential, commercial and light industrial.
The Burlington Northern Railroad tracts lie along the southern boundary of this
property.
North: Single family residence, B-5 zoning
South: Kalispell Center Mall, B-4 zoning
East: Vacant land and abandoned buildings, B-5 zoning
West: Flathead Industries Recycling center, B-5 zoning
Page 1 of 5
F. Master Plan Designation: The Kalispell City -County Master Plan Map designates
this area as Commercial. The plan itself does not specifically anticipate cell towers,
but the commercial area anticipates serving a wide variety of needs. The proposal can
be found to be in substantial compliance with 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:
Flathead Electric Cooperative
Phone:
CenturyTel (underground)
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
(underground)
a. Adequate Useable Space: There is approximately the eastern half of the
property that is generally undeveloped and where the tower would be located.
There is no required parking for the tower use and the property can be
accessed via a paved alley to the east of the tower. There is adequate usable
space on the property to accommodate the proposed expansion.
b. Adequate Access: Access to the area where the cellular communication tower
will be located is via a paved alley to the east of the site that would be used for
scheduled maintenance visits. There is adequate access to the site.
C. Fri ironment 1 Constraints There are no obvious environmental constraints
associated with this property or in the area such as floodplain or wetlands
areas, steep slopes or severe drainage problems. The site is nearly level and
there is adequate room on the site to accommodate the proposed tower within
the required setbacks. A stormwater management plan will not need to be
provided due to the relatively minor impacts associated with the tower.
a. Parking Scheme: Since there will not be any employees associated with the
tower and only an occasional maintenance visit by an employee of the
company, no off-street parking is required for this use.
b. Traffic Circulation: Traffic to and from this property for access to the tower
would generally be anticipated to be from the paved alley to the east of the site.
There is a paved city street to the west that fronts along this property however,
access from the front to the rear is limited and not easily accessible to the rear.
Traffic circulation to access to tower is generally good.
Page 2 of 5
C. OpenSS ace: No specific open space requirements are applicable to the tower
other than those associated with the required setbacks, which have been
adequately observed on the site plan. Because of the residentially developed
property to the north, the tower is required to maintain a 15-foot setback from
the northern property boundary rather than five feet and a five-foot setback
from the southerly property boundary. The setbacks from the front and rear
property boundaries are 20-feet which has been met according to the site plan
submitted with the application.
d. Fencing/Screening/Landscaninn : There is no significant landscaping that
exists on the property. The applicants propose to fence the site to avoid
tampering with the structure. No additional landscaping, fencing or screening
appears to be necessary or appropriate considering the immediate
surroundings of the site, i.e., the back of the Kalispell Center Mall to the south,
vacant grain elevator buildings to the east and a recycle shop to the west.
e. Signage: There is no signage on the property and the only sign that would be
placed on the structure would be a sign that indicates a number to call in case
of emergency or questions 24 hours a day. The sign would not exceed three by
four feet in size.
a. Schools: This site is within the boundaries of School District #5. No impact on
the school district can be anticipated as a result of the proposed use.
b. Parks and Recreation: There are no City parks within the immediate proximity
of this property. It is unlikely there will be any significant impacts to the parks
or the Kalispell Parks and Recreation Department associated with the proposed
use.
C. Police: This facility is currently served by the Kalispell Police Department. No
increased impacts to the police can be anticipated as a result of the proposed
use other than to provide a potential site for locating an antenna.
d. Fire Protection: Fire protection is currently provided by the Kalispell Fire
Department. There is a hydrant on the southwest corner of this property.
Access to the site and the building are good and it does not appear that any
modifications to the proposed site layout would be necessary to accommodate
the fire department's needs.
e. Water: City water currently serves the site, however the tower will not need
water services.
f. Sewer: Sewer service is currently provided by the City of Kalispell, however,
the tower will not require sewer services.
g. Solid Waste: Solid waste pick-up is currently provided by the City; however,
the tower use should not require any need for garbage pick-up services.
h. Roads: Access to the property is currently provided to the site from a City
street, Third Avenue W.N. and via a paved alley to the east. Both provide good
access to the site and are adequate to accommodate the proposed use.
Page 3 of 5
i. Tmmediate Neighborhood Impact: The general character of this neighborhood
is a mix of commercial, industrial and residential. There would be limited
visual impacts to the immediate neighborhood associated with the tower
because of the neighborhood character and its location. The height of the
structure would need to comply with FAA standards and will need to be
approved by the FAA. There are no obvious collocation sites within the
immediate area or other site alternatives that would be better suited for the
tower locations. There will be not negative impacts associated with the hours
of operation since there will not be an employee on site.
A notice of public hearing was mailed to property owners within 150 feet of the subject
property approximately 15 days prior to the hearing. There have been no comments either
in favor or in opposition at the time of writing this staff report.
1. The size and location of the site is adequate to accommodate the proposed use.
2. The design of the site with regard to access and location of the tower, and setbacks
is in compliance with the zoning and design standards of the City.
3. Existing public services and facilities are adequate to accommodate the proposed
use.
4. No significant impacts to the neighborhood can be anticipated as a result of the
proposed use.
It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU-
01-3 as findings of fact and recommend to the Kalispell City Council that the conditional
use permit be granted subject to the following conditions:
1. That the proposal will be developed in substantial conformance with the approved site
plan which shall govern the location of the tower and access.
2. That City of Kalispell Building Department and the Kalispell Fire Department shall
review and approve the building plans and fire suppression system for compliance
with the applicable building and fire codes.
3. A minimum 15 foot setback from the residentially developed property to the north
shall be maintained
4. That the developer shall demonstrate that the height of the structure does not
exceed those as limited by the FAA in association with the Kalispell Municipal
Airport prior to obtaining a building permit.
Page 4 of 5
5. That at the time of application for a building permit for the tower foundation, the
application shall provide to the Kalispell Building Department an engineer's
certification of structural safety for the tower.
6. This permit is valid for a period of 18 months after which time it will terminate if
commencement of authorized activity has not begun. Activity can be demonstrated
by a continuous, good faith effort to secure financing, permits, engineering and
design.
H: \... \KCU 1 01 \KCU01-3
Page 5 of 5
JUN-04-2001 NON 04:51 PH FLTHD REG DEV OFFICE FAX NO. 406 758 5781
P. 01
MATERNAL
Flathead Regional Development 'Office
723 5th Ave. East Room 414
Kalispell, MT 59901 rJU. 11 Z
Phone: 14061758-5980 Fax: (406)758-5781
APPLICATION FOR CONDITIONAL USE PEP
CITY OF KALISPELL
F. it D. O
PROPOSED USE: ��U �e Co «�K.w�:o� TJ�7er r�Io Opole 7
O (S) OF RECORD: -` ..
N��G�) e4rl aw ?r'es'`
Mailing Address: K o. 00, l`1 16
City/State/Zip: Ka li sPe ll M1 s- 9 o 3
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: Tr'd�sr Co ,�'oy{'ons- ELL-
Mailing Address: P 1 ? 9'7
City/State/Zip: Phone: 4o6-2SZ-9999
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
0
Street Sec. Town- Range
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Name: rfad.s,oell
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1. Zoning District and Zoning Classification in which use is proposed:
g- S
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings,
f. Existing use(s) of structures and open areas
g. Proposed use(s) of structures and open area.
1
JUN-04-2001 MON 04:51 PM FLTHD REG DEV OFFICE FAX NO, 406 758 5781 P. 02
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. i
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 {he approval and development
process.
L�lt , �'
Applicant Signat re
Date
Section 3.
Neumann Site
68 P Avenue West North
Kalispell, MT 59901
a. Traffic flow and control: Traffic flow and control will not be changed due to the
communication tower. Tenants on tower will have regularly scheduled maintenance visits, this
will be the only traffic in and out of proposed project.
b. Access to and circulation within the property: Access to the property will be an easement
provided by the landowner from the nearest public road. Tenants will be restricted to only the
easement and leased premises.
c. Off-street parking and loading: NA
d. Refuse and service areas: NA
e. Utilities: Utilities for the communication tower will be brought in as specified by
landowner, i.e. either above ground or below ground. Tenants on the tower will have access to
electricity and telecommunication lines from the site.
f. Screening and buffering: Around the perimeter of the leased premises there will be an 8'
fence. In the past I have planted a climbing vine on the perimeter to shield the equipment inside.
This also blends the site into the surroundings by creating a foliated look instead of being able to
look at the equipment.
g. Signs, yards and other open spaces: TriStar will have a small sign identifying the FCC ID
Number for the tower and our contact information. The sign will not be larger than 3'x4'.
h. Height, bulk and location of structures: Tenants structures will be within the enclosed
leased premises. The structures are cabinets used to protect equipment needed at the site.
i. Location of proposed open space uses: NA
j. Hours and manner of operation: There will not be an attendant at this tower 24 hours a day.
There will be a number to call in case of emergency or question 24 hours a day. Visits to and
from the site will only be on regularly scheduled maintenance trips.
k. Noise, light, dust, odors, fumes, and vibration: There will be no noise, odors or fumes created
by tower, dust will be kept to the minimum by maintaining the site with gravel, and light will be
mandated by the FCC. The FCC does not require lighting unless it is extremely close to an
airport and or the structure is over 200' in height.
A COMMUNICATION TOWER
FOR
TRI STAR
COMMUNICATIONS,
LLC
P.O. BOX 1728
BILLINGS, MT 59103
NEUMAN
PROJECT DIRECTORY
APPLICANT
TRI STAR COMMUNICATIONS, LLC
P.O. BOX 1728
BILLINGS, MT 5g103
(406) 252—gg99
CONTACT: J.R. REGER
LEGAL DESCRIPTION
LOT 7 BLOCK 24
OF ORIGINAL KALISPELL TOWNSITE
KALISPELL, MONTANA
ADDRESS
68 BIRD AVE. WEST NORTH
KALISPELL, MONTANA 59901
11O 01
DRAWING INDEX
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CERTIFICATION
;PPLIC.-%-NT: TRI-STAR COMMUNICATIONS LLC
FRDO FILE f: KCU-01-3
I, the undersigned certify that I did this date mail a copy of the attached notice to the
following list of landowners within 150 feet of the pr perty lines of the property
that is the subject of the application.
Date: 98 - A0 - o
Assessor's S-T-R Lot/Tract Property Owner
No. No. & Mail address
TRI-STAR COMMUNICATIONS LLC
P 0 BOX 1782
BILLINGS MT 59103
FLATHEAD INDUSTRIES
P O BOX 1916
KALISPELL MT 59903
AND ATTACHED LIST
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING
Preliminary Plat Approval - Gateway West Addn #34 Eight Lot Commercial
Subdivision
Tri-Star Communications, Inc. Cell Tower Conditional Use Permit
The regular meeting of the Kalispell City -County Planning Board and Zoning
Commission is scheduled for Tuesday, December 11, 2001 beginning at 7:00 PM in
the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East,
Kalispell. During the regularly scheduled meeting of the planning board, the board
will hold public hearings and take public comments on the following agenda items.
The board will make a recommendation to the Kalispell City Council who will take
final action.
1_ A request for preliminary plat approval request by Cameron Calder for an eight lot
commercial subdivision on property located south of Two Mile Drive and West of
the Gateway West Mall in the west part of Kalispell. The property contains
approximately 11.312 acres and the lots range in size from 0.42 of an acre to 3.32
acres. The property is zoned B-3, a Community Business District. The property
can be described as the Amended Plat of Gateway West Addition #34 located in
Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
2. A request for a conditional use permit by Tri-Star Communications to allow the
construction of a cellular communication tower located in a B-5, Commercial /
Industrial zoning district, which lists cellular communication towers as a
conditionally permitted use. The tower would be a monopole on a concrete
foundation that would be between 160 to 180 feet in height with room for four to
six wireless service providers. The tower would be located on property at 68
Third Ave W.N. in Kalispell. The property can be described as Lot 7, Block 28,
Kalispell Original Townsite located in Section 7, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana
Documents pertaining to these agenda items are on file for public inspection at the
Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and
are available for public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and
concerns ]mown to the Board. Written comments may be submitted to the Tri-City
Planning Office at the above address, prior to the date of the hearing, or contact Narda
Wilson, Senior Planner, at (406) 751-1850 for additional information.
Thomas R. Jentz
Planning Director
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VICINITY MAP
TRI-STAR COMMUNICATIONS LLC
CONDITIONAL USE PERMIT
TO CONSTRUCT A CELLULAR COMMUNICATION TOWER
B-5, COMMERCIAL / INDUSTRIAL USE DISTRICT
CITY OF KALISPELL ZONING JURISDICTION
FILE KCU-01-3 PLOT DATE:11/ID/01
SCALE 1" = 150' H:\gis\site\kcu01_3.dwg