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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 ter.... �. i Aj. I �ktv I•t�r - � �h} � 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 jpr Z.9 - } i- HOSPITAL IV _r rJk.�•, -- 4 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 +M' 4 H r y } .�' �e�' iRJ r_R � ��� • . .•r � , T`J' i i ��. r�.�y 2J �{FR- � t ~�#fry r#'r it p hL • �+� y Y ._ 4rt 1f '16 '•ice w. p. AV d - 4L 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 ----------- xA KALISPELL -- -- - ----- No 14 0� ------------ 14 \Oil J \_\O __ i 1 2 COMMON AREA IP U D------ ----- --- -- - ------- CONWAY DR 14 1 41 2 `J 3 Subject Property HIGHLAN'D\PARK _LOT 1 PROFESSIONAL 4 \� 4 /v NOR HWEST 12 S WAY L 0 'PRO.FESab _AL 0 --c-ENTE _HP CONDO BUj AMD L3 & 4 HIGHLAND PARK BOUNTIFUL 3 2 N D ADD A 4Ai i 6DH H-1 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