1. Conditional Use Permit - Montana Sky NetworksPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT
MEETING DATE:
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Doug Russell, City Manager
PJ Sorensen, Kalispell Planning Dept
KCU13-05 — Conditional Use Permit — Montana Sky Networks
March 3, 2014
BACKGROUND: The Kalispell City Planning Board met on February 11, 2014, and held a public
hearing to consider a request by Montana Sky Networks, a local internet service provider, for a
conditional use permit to allow the colocation of Verizon cellular equipment on an existing
communication tower located at 1286 Burns Way in an H-1 (Health Care) zone.
They have an existing 60-foot tall communication tower at the location, which was installed in 2011
after receiving approval under a conditional use permit in 2007. The permit review focused on the
tower as accessory to Montana Sky, meaning that it was reviewed as serving the business at the
location where the tower is located.
When the conditional use permit was issued, cellular communication towers were not allowed in the H-1
(Health Care) zone. The city regulations at the time were designed around the typical cell tower of the
time — large, tall, and intrusive. While the regulations would not allow a cell tower, accessory towers
were not only allowed, but were relatively common throughout the city. As a result, the permit for the
tower included conditions limiting the height to 60 feet (the maximum height for structures in the zoning
district, which is the maximum height for accessory towers) and prohibiting colocation on the tower.
The conditions were an effort to classify the tower as accessory and not as a cell tower.
Since that time, technology relating to cellular communications has greatly improved. Previously, a tall
tower with a large amount of equipment was the norm. Now, the ability to utilize existing structures
greatly minimizes the impacts that the typical cell tower would otherwise have. As a general rule, the
City has tried to encourage colocation whenever possible. By taking advantage of technological
advances to collocate on existing structures, the public can receive improved service without any
significant impact from new towers. Our general rule is to allow colocation on any structure that is
otherwise allowed to be there, such as buildings, water towers, or similar structures.
In this case, the applicant has a previously approved tower. The tower does not exceed the 60-foot
maximum height in the zone (as a typical cell tower would) and complies with all city codes. With the
existing fiber optics in the tower, an antennae can be installed and simply provide a portion of the
existing bandwidth to Verizon. The new antennae would not change the height or other characteristics
of the tower.
It should be noted that one of the primary issues raised when the original tower was proposed was the
possible impact on the ALERT helipad located to the east of this site. There was a concern that it could
impact flight paths as regulated by the FAA. The original conditional use permit was approved with a
condition requiring that appropriate approvals be obtained through the airport manager. Shortly after the
permit was issued, the applicant received a "Determination of No Hazard to Air Navigation" dated
October 27, 2007, from the Federal Aviation Administration. The tower was constructed, and this
proposal does not change the height of the tower.
No comments were received prior to or at the public hearing. The proposal was forwarded to the
Council with a positive recommendation on a 4-0 vote.
RECOMMENDATION: A motion to approve the conditional use permit.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
PJ Sorensen
Kalispell Planning Dept
Report compiled: February 21, 2014
Attachments: Application Materials
Planning Board Minutes from February 11, 2014
c: Theresa White, Kalispell City Clerk
Richard Dasen; Montana Sky Networks; 1286 Burns Way; Kalispell, MT 59901
Return to:
Theresa White
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Richard Dasen
Montana Sky Networks
1286 Burns Way
Kalispell, MT 59901
(406) 261-0685
LEGAL DESCRIPTION: Lot 13 of Highland Park Professional Subdivision
ZONE: H-1, Health Care
The applicant has applied to the City of Kalispell for a conditional use permit to allow the
colocation of Verizon cellular equipment on an existing communication tower located at 1286 Burns
Way.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
February 11, 2014, held a public hearing on the application, took public comment and recommended
that the application be approved subject to three conditions.
After reviewing the application, the record, the Kalispell Planning Department 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-13-
05 as the Council's findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow the colocation of Verizon cellular equipment on an existing
communication tower in the H-1, Health Care zoning district, subject to the following conditions:
1. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to
completion.
2. The installation of the antennae shall substantially comply with the approved plan.
The applicant shall maintain a stand of evergreen trees on -site in order to visually mitigate
the tower.
Dated this 3rd day of March, 2014.
STATE OF MONTANA
: ss
County of Flathead
Mark Johnson
Mayor
On this day of , 2014 before me, a Notary Public, personally
appeared Mark Johnson, Mayor of the City of Kalispell, known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same on behalf
of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
FEBRUARY 11, 2014
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Ken Hannah, Charles
Pesola and Richard Griffin. Rory Young and Matt Regier were
absent. Tom Jentz, P.J. Sorensen and Kevin LeClair represented
the Kalispell Planning Department.
APPROVAL OF MINUTES
Pesola moved and Griffin seconded a motion to approve the
minutes of the December 10, 2013 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
MONTANA SKY NETWORKS
A request from Montana Sky Networks for a conditional use permit
CONDITIONAL USE PERMIT
(CUP) to collocate Verizon cellular equipment on an existing
communication tower. The property is located at 1286 Burns Way.
The equipment would not increase the height of the tower.
Board Member Griffin disclosed that his employer is under
contract with Montana Sky Networks and asked the board whether
he should be involved in the discussions for the conditional use
permit and vote on the matter. Hannah asked Griffin if he had any
influence on the contracts for Montana Sky Networks and Griffin
said none. Graham asked if Griffin would benefit financially from
any decision by the board and Griffin said no.
The board agreed that Griffin should be allowed to participate in
the discussion and vote.
STAFF REPORT KCU-13-05
P.J. Sorensen, representing the Kalispell Planning Office reviewed
Staff report KC- 13-05 for the board.
Sorensen said Montana Sky Networks is a local internet provider.
He reviewed the location of the business which is southwest of the
Kalispell Regional Hospital building. Sorensen indicated the firm
received a CUP for the existing communications tower in 2007
which was constructed in 2010.
Sorensen reviewed a site plan of the property and photographs of
the existing tower and the changes that would be made to the tower
with the collocation. Sorensen noted the city is requiring a CUP for
this collocation because when the tower was approved in 2007 the
Kalispell City Planning Board
Minutes of the meeting of February 11, 2014
Pagel of 3
tower was considered accessory to their business since it would
only serve their business. Therefore, the condition to prohibit
collocation was included in the approval.
Today the city tries to encourage collocation rather than putting up
additional towers throughout the city to cover the same area.
Antennas have been added to other buildings and they blend in
well and have increasingly become a necessary part of our public
infrastructure.
Sorensen noted no significant negative or positive impacts were
found with the addition of the antenna to the tower. When the
original CUP was reviewed in 2007, the close proximity of the
proposed tower to the Alert Helipad was reviewed. However the
FAA found the placement of the tower did not create any hazards
to air aviation.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-13-05 as findings of
fact and recommend to the Kalispell City Council that the CUP be
approved subject to the 3 conditions listed on the staff report.
BOARD DISCUSSION Pesola asked why collocation was prohibited and Sorensen said at
that time cell towers were not allowed in the H-1 zone but in other
areas of the city accessory towers (serving the business where the
tower is located) were allowed for radio or television stations and
personal ham radio operators. In those cases the height of the
towers was limited to the maximum height in each zoning district.
When the tower was approved for Montana Sky Networks the
height was limited to 60 feet and collocation was prohibited in an
effort to classify the tower as accessory.
Hannah asked if the antennas were being moved from another
location and Sorensen said they are new antennas to meet the
increasing need for service and collocating made perfect sense.
Graham asked what services are being upgraded and Sorensen said
currently the tower is only being used for the Montana Sky
Networks internet service. The collocation would provide Verizon
customers in this area with better service.
PUBLIC HEARING I No one wished to speak and the public hearing was closed.
MOTION Pesola moved and Hannah seconded a motion to adopt Staff Report
KCU-13-05 as findings of fact and recommend to the Kalispell
City Council that the conditional use permit be approved subject to
the 3 conditions listed on the staff report.
Kalispell City Planning Board
Minutes of the meeting of February 11, 2014
Page 2 of 3
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
None.
NEW BUSINESS:
Jentz said there will be a board meeting on March 11, 2014.
Griffin asked if there are any pending projects coming to the board
and LeClair said the city has received an application for an
annexation of 18 acres located on Highway 93 North, adjacent to
the National Guard property and also adjacent, on two sides, to the
Valley Ranch PUD that was approved a few years ago. The
annexation will come before the board in March.
LeClair also noted the plat has been finalized and recorded for
Spring Prairie Phase III, the current location of Cabela's, where 10
lots have been created. Building permit applications have been
received for the construction of additional commercial retail
structures on a majority of those lots.
ADJOURNMENT
The meeting adjourned at approximately 7:15 p.m.
WORK SESSION
A work session was held immediately following the regular
meeting to discuss the following item:
1. Continuation of the Growth Policy Update.
NEXT MEETING
The next regular meeting is scheduled for March 11, 2014
beginning at 7:00 p.m. in the City Council Chambers located at 201
1" Avenue East in Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / /14
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of February It, 2014
Page 3 of 3
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-13-05
FEBRUARY 11, 2014
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a
conditional use permit to allow the colocation of Verizon cellular equipment on an existing communication
tower located at 1286 Burns Way. A public hearing on this matter has been scheduled before the Planning
Board for February 11, 2014, beginning at 7:00 PM, in the Kalispell City Council Chambers. The Planning
Board will forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION:
Petitioner: Richard Dasen
Montana Sky Networks
1286 Burns Way
Kalispell, MT 59901
(406)261-0685
Size and Location: The property is located at 1286 Burns Way near the hospital. The property can be
legally described as Lot 13 of Highland Park Professional Subdivision.
A. Summary of Request: The applicant owns and operates Montana Sky Networks, which is an
internet service provider. They have an existing 60-foot tall communication tower at the location,
which was installed in 2011 after receiving approval under a conditional use permit in 2007. The
permit review focused on the tower as accessory to Montana Sky.
When the conditional use permit was issued, cellular communication towers were not allowed in the
H-1 (Health Care) zone. The city regulations at the time were designed around the typical cell tower
of the time — large, tall, and intrusive. While the regulations would not allow a cell tower, accessory
towers (i.e. serving the business where the tower is located) were not only allowed, but were
relatively common throughout the city. As a result, the permit for the tower included conditions
limiting the height to 60 feet (the maximum height for structures in the zoning district, which is the
maximum height for accessory towers) and prohibiting colocation on the tower. The conditions were
an effort to classify the tower as accessory and not as a cell tower.
Since that time, technology relating to cellular communications has greatly improved. Previously, a
tall tower with a large amount of equipment was the norm. Now, the ability to utilize existing
structures greatly minimizes the impacts that the typical cell tower would otherwise have. As a
general rule, the City has tried to encourage colocation whenever possible. By taking advantage of
technological advances to collocate on existing structures, the public can receive improved service
without any significant impact from new towers. Our general rule is to allow colocation on any
structure that is otherwise allowed to be there, such as buildings, water towers, or similar structures.
In this case, the Applicant has a previously approved tower. The tower does not exceed the 60-foot
maximum height in the zone (as a typical cell tower would) and complies with all city codes. With
the existing fiber optics in the tower, an antennae can be installed and simply provide a portion of the
existing bandw kith to VeHmn. The new antennae would not change the height or other
characteristics of the tower
Figum 1: Ctrrent View of ower
Figure 2: View ofTower with ProFK)sed Antennae
B. Existtng Land Use and Zoning: The site is zoned H-1 (Health Care). It contains a ooMMMial
building housing an internet service provider.
Figure 3: Photo of building
Figure 4: Site Plan
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C. Adjacent Land Uses and Zoning: The in nediate area is characterized by professional offices,
primarily health care related. The hospital is located to the north east of the property across Conway
Drive. All surrounding properties are zoned H-1 (Health Care).
Figure 5. Aerial view ofth�ct site and adjacent properties
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D. Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the project site as
Urban Mixed Use, which provides the basis for the H-1 zoning designation. The growth policy
would anticipate a variety of uses under that designation, including, but not limited to, office, retail,
and other commercial uses. The requested conditional use permit is an appropriate land use for the
property.
E. 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:
CenturyLink
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
EVALUATION OF THE REQUEST
This application has been reviewed in accordance with the conditional use review criteria in the Kalispell
Zoning Ordinance.
1. Site Suitability:
a. Adequate Useable Space: The property is slightly less than one quarter acres in size and
contains an existing 2240 square foot office building. The proposed change would be on an
existing tower and not require any additional space.
b. Adequate Access: Existing access to the property is off of Conway Drive on the north side of
the property. Conway Drive connects to US Highway 93 to the west.
C. Environmental Constraints: There are no obvious environmental constraints apparent on the
property which could affect the proposed use.
d. Height, bulk and location of the building_ The existing building is a two story building with a
footprint of 2240 square feet, located approximately 55 feet off the public right-of-way. The
tower is located to the south of the building, about 110 feet from the right-of-way among a
stand of mature evergreen trees.
2. Appropriate Design:
a. Parking Scheme/Loading Areas: There is adequate parking provided for the existing use.
The proposed change would not create any additional demand.
b. Traffic Circulation: The existing access is sufficient for the property.
C. Open Space: Specific open space is not required for this use in this zone, but the majority of
the lot excluding the building is occupied with landscaping.
d. Fencing/Screenin Landscaping: As an existing developed property, the landscaping on the
property is already established. Landscaping consists primarily of grass as well as several
large, mature evergreen trees that, to an extent, help provide some visual screening of the
tower.
e. Si_gnaae: No additional signage is planned or necessary for this use.
f. Lighting_ Section 27.26.030 of the Kalispell Zoning Ordinance sets standards for all outdoor
lighting on commercial or residential structures. No new exterior lighting is planned in
conjunction with the proposed use.
3. Availability of Public Services/Facilities:
a. Schools: This site is within the boundaries of School District #5. No impact is anticipated
with the proposed use.
b_ Parks and Recreation: There should be no significant increase in demand on the parks and
recreation programs and facilities as a result of this use.
C. Police: Police protection will be provided by the Kalispell Police Department. No unusual
impacts or needs are anticipated from the proposed use.
d. Fire Protection: Fire protection will continue to be provided by the Kalispell Fire
Department. The impact of the proposed change in this regard is minimal.
e. Water: City water currently serves the property. No change in the impact on water services
can be anticipated as a result of this use.
f. Sewer: Sewer service is currently provided by the city. No change in the impact on water
services can be anticipated as a result of this use.
g. Storm Water Drainage: The site has an existing building and its parking lot is located on an
adjacent property. No change is anticipated related to the proposed change.
h. Solid Waste: Solid waste pick-up is provided by the City. The project will not generate any
additional solid waste.
i. Streets: The primary street frontage and access is Conway Drive, which connects with US
Highway 93. The street system is unaffected.
j. Sidewalks: There are no sidewalks immediately adjacent to the property. It is connected to a
public sidewalk along the north side of Conway Drive by an established crosswalk. The
nature of the proposed use has no additional impact or need related to pedestrian connectivity
and additional sidewalks would not be required.
4. Neighborhood impacts: The site is located in a well -established office area. The impact of the
proposed change on neighboring properties is anticipated to be negligible without any appreciable
difference from the existing use.
It should be noted that one of the primary issues raised when the original tower was proposed was the
possible impact on the ALERT helipad located to the east of this site. There was a concern that it
could impact flight paths as regulated by the FAA. The original conditional use permit was approved
with a condition requiring that appropriate approvals be obtained through the airport manager.
Shortly after the permit was issued, the Applicant received a "Determination of No Hazard to Air
Navigation" dated October 27, 2007, from the Federal Aviation Administration. The tower was
constructed, and this proposal does not change the height of the tower.
5. Consideration of historical use patterns and recent changes: This area has historically
included primarily office uses, and the proposal would not significantly affect that pattern.
6. Effects on property values: No significant negative impacts on property values are anticipated.
RECOMMENDATION
The staff recommends that the planning board adopt staff report #KCU-13-05 as findings of fact and
recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the
following conditions:
1. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
2. The installation of the antennae shall substantially comply with the approved plan.
3. The applicant shall maintain a stand of evergreen trees on -site in order to visually mitigate the tower.
7
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Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406)` 758-7940 '
Fax: (406) 758-7739:'
www.kalispellcom /planning
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: 14_n 1=P r47-1VA-J OF V25aL600
OWNER(S) OF RECORD:
Name: oNTA- PA ! the y All r-r&U PR ks
Mailing Address: ted A-V
City/State/Zip: 4477 /Phone:
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPOUDENCE IS TO BE SENT:
Name:
Mailing Address
City/ State/Zip:
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range
Address: /cZ 5S% No. Q _ ship a� No. 02l U)
Subdivision Tract Lot Block
Name: ,4e9_P.y�f�(At�A� No(s). No(s). No.
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.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
h. Existing and proposed landscaping and fencing.
A TrA,r "6t 0T
A
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.
JVA
C.
Off-street parking and loading.
NA
d.
Refuse and service areas.
_ AIA
C.
Utilities.
AMAC,NMO#J'r
f.
Screening and buffering.
AIA
g.
Signs, yards and other open spaces.
NA
h.
Height, bulk and location of structures.
AcrtAee k!*OAJ7
i.
Location of proposed open space uses.
MA .
j .
Hours and manner of operation.
AM
k.
Noise, light, dust, odors, fumes and vibration.
A A
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 utine monitoring and inspection during the approval and
dev-aleDxnent, -process.
Date
2
Application for Conditional Use Permit — Attachment A
2. Attach a plan of the affected lot which identifies the following items:
This application is to add Verison Cellular transmitters on our existing towers, items a through e do not
apply, neither does item h. concerning item g, proposed uses of -structures and open areas, as
previously stated, add Verison Cellular transmitters to existing tower, also find attached "before" and
"after" pictures of proposed change.
Application for Conditional Use Permit —Attachment B
3. On a separate sheet of paper, discuss the following topics relative to the proposed use:
e. Utilities: All, utilities needed for this proposed use are already installed in the existing tower
h. Height, bulk and location of structures: the proposed transmission antennas will not exceed the
existing height of the tower.
PJ Sorensen
From: Richard Daasen <rdasen@montanasky.net>
Sent: Tuesday, January 28, 2014 3:13 PM
To: PJ Sorensen
Subject: MontanaSky
Attachments: mttowernew jpg; mtskytower11252013 jpg
MontanaSky is requesting an amendment to our conditional use for.Verizon to locate cellular telephone transmitters on
our existing tower. Currently, MontanaSky is using this tower only for our own transmission devices, however, because.
we have fiber optics already hooked into the tower, and since we currently sell Verizon bandwidth for other locations,
and due to the substantial cost and need for running fiber, and even placing a small building at the base of new towers,
Verizon would like to locate cellular transmitters on our tower. This will not change the height of the tower, nor is the
selling of bandwidth to Verizon outside our normal course of business. Thanks and let me know if you need clarification
or additional info.
Richard A Dasen
MontanaSky Networks
Kalispell, MT 59901
(406)752-4335, ext 2001
rdasen@montanasky.net
www.montanasl<v.net
1
CERTIFICATION
APPLICANT: Montana Sky Networks Conditional Use Permit
FILE NO: KCU-13-05
I, the undersigned certify that I did this date mail via Certified Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where a conditional use permit has been
requested.
Date:
S-T-R: 6-28-21
Tract/Lot: Lot 13, Highland Park Professional
Property Owners/Owner Representative:
Montana Sky Networks
Richard Dasen
1286 Burns Way
Kalispell, MT 59901
AND ATTACHED LIST
Montana Sky Networks Kalispell Regional Medical Ctr Margaret Brown
Richard s310 Sunnyview Lane 215 Somerset Dr
1286 Burns Way Kalispell, MT 59901 Kalispell, MT 59901.
Kalispell, MT 59901
Great Northern Medical
Facilities
1287 Burns Way
Kalispell, MT 59901
Flathead Health Center, Inc.
310 Sunnyview Lane
Kalispell, MT 59901
Thomas Stahlberg
P.O. Box 21209
El Cajon, CA 92021
GPS, LLP
1297 Burns Way #3
Kalispell, MT 59901
Lorence Flynn
414 Hilltop Ave
Kalispell, MT 59901
Marise Johnson,, MD
Survivors Trust
539 3rd Street East
Kalispell, MT 59901
Kalispell Medical Arts, LLC
210 Sunnyview Lane
Kalispell, MT 59901
Northwest Healthcare Corp
Brendan House
325 Claremont St
Kalispell, MT 59901
Hope Pregnancy Ministries of
Kalispell
1281 Burns Way
Kalispell, MT 59901
Burlin Properties, LLC
200 Commons Way
Kalispell, MT 59901
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-794. 0
Fax: (406) 758-7739
www.kalispell. com/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed project
noted below and will be most directly affected by its development. You have an opportunity to present
your comments and concerns to the Kalispell Planning Department. You may come into the office in
person at the above address or you may contact the office at (406) 758-7940 for additional information.
Written comments may be submitted to the Kalispell Planning Department prior to the submission date, or
emailed to us at planning@kalispell.com.
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, February 11, 2014, beginning at 7:00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will
hold a public hearing and take public comments on the following agenda item. The Board will
make recommendations to the Kalispell City Council who will take final action.
1. A request from Montana Sky Networks for a conditional use permit to collocate Verizon
cellular equipment on an existing communication tower. The property is located at 1286
Burns Way. The equipment would not increase the height of the tower. 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.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours. In addition, information on the agenda items is posted on our
website at www.kalispell.com/plagging under "Planning Board Agenda & Staff Reports".
Interested persons are encouraged to attend the hearing and make their views and concerns
known to the Board.
i
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
TIARA ALKIRE BEING DULY
SWORN, DEPOSES AND SAYS:. THAT SHE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO.21461
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES OF January 26, 2014.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
----�-- -- - ------------------
Subscribed and sworn to
Before me this January 27, 2014
al--- -
Dorothy L Gl� cross
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/1.1/2017
ANY 1. 0/,4, DOROTHY t. GLENCROSS
Q °2°'tAki9 �o� NOTARY PUBLIC for the
* SEAL State of Montana
Residing at Kalispell, Montana
My Commission Expires
�PeofMo�� September 11, 2017
-----------
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KALISPELL
-- -- - -----
No 14
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Subject Property
HIGHLAN'D\PARK
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PROFESSIONAL
4
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12 S WAY L
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AMD L3 & 4 HIGHLAND PARK
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VICINITY MAP SCALE 1 50'
MONTANA SKY NETWORKS
REQUEST FOR A CONDITIONAL USE PERMIT TO CO -LOCATE VERIZON
EQUIPMENT ON EXISTING COMMUNICATIONS TOWER. THE PROPERTY IS
ZONED H-1 (HEALTH CARE) AND IS LOCATED AT 1286 BURNS WAY
PLOT DATE 12/30/13
FILE# KCU-13-05 H:\gis\site\kcul3_06 Montana Sky Networks.dwg