08. Mountain Paging - Conditional Use PermitCity of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Douglas Johns
Mountain Paging Network
ADDRESS: P.O. Box 913
Kalispell, MT 59901
LEGAL DESCRIPTION: See Exhibit "A"
OWNER: Ron and Sharron DeMeester
7 E. Oregon
Kalispell, MT 59901
ZONE: Neighborhood Commercial, B-1
Douglas Johns d/b/a applicant, applied to the City of
Kalispell for a conditional use permit to construct antenna,
ancillary to a telecommunications office, on the property described
above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on March 8th, 1994 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to five
conditions.
After reviewing the application, the record, the FRDO report,
and after duly considering the matter, the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Flathead Regional Development Office, Conditional Use Report
#KCU-94-01 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit for
the construction of antenna, ancillary to a telecommunications
office, subject to the following conditions:
SECTION I.
1. The antenna shall not exceed 70 feet in height.
2. Any signs shall comply with the Kalispell Zoning
Ordinance.
3. Any construction shall be in conformance with the
approved site plan as to the location of all buildings,
parking and landscaping.
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4. Prior to receiving a building permit, this project shall
comply with all related provisions and requirements of
this Conditional Use Permit.
SECTION II.
The conditional use permit, herein granted, shall terminate 18
months from date of issuance if commencement of the authorized
activity has not begun.
Dated this day of , 1994.
Douglas D. Rauthe, Mayor
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 1994, before me, a Notary
Public, personally appeared Douglas D. Rauthe, 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
Residing at Kalispell, Montana
My Commission Expires
E
EXHIBIT "A"
Lots 7, 8 and 9 of Block 231, Kalispell Addition #5, in Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County.
3
723 5th Avenue East - Room 414
Kalispell, Montana 59901
March 16, 1994 Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Mountain Paging Network - Conditional Use Permit
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, March 8, 1994, and held a public hearing on the following:
A request by Ron and Sharon DeMeester and Doug Johns of Mountain
Paging Network, Inc. for a conditional use permit in accordance with
Section 27.13.030 of the Kalispell Zoning Ordinance to allow an antenna
ancillary to a telecommunication company in the B-1 Neighborhood
Business zone. The use is located in the old Coca Cola building at the
northwest corner of Oregon Street and US Highway 93. The address is
13 Oregon Street, more specifically in Kalispell Addition #5 on Lots 7, 8,
and 9 of Block 231.
John Parsons, of FRDO presented the staff report, and recommended granting the
permit subject to five (5) conditions in the report, adding condition #6 to require
compliance with the Kalispell Zoning Ordinance. The applicant and the property
owner spoke in favor of the request. An adjacent property owner was very much
in favor of a quieter use in the neighborhood. No one spoke in opposition. The
Board commented on the height of the antenna, acknowledged it was a low intensity
use, and voted 7-0 to recommend approval of the conditional use permit.
This recommendation is being forwarded to the City Council for final action. If you
have any questions regarding this request, please contact the Commission or John
Parsons at FRDO.
Respectfully Submitted,
!ZPELL CITY-COU TY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/JJP/eo
Attachments: FRDO Report #KCU-94-01
Application Materials
F:\FRDO\TRANSMIT\KCU-94-I.REC
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
FLATHEAD REGIONAL DEVELOPMENT OFFI
CONDITIONAL USE REPORT #KCU-94-01
MOUNTAIN
OCTOBER
This is a report to the Kalispell City -County Planning Board and Zoning Commission
regarding a request for a Conditional Use Permit to allow a telecommunications company
and ancillary antenna in the B-1 zone (Neighborhood Commercial). This request is scheduled
for a public hearing at the March 8, 1994 Board hearing. A recommendation will then be
forwarded to the Kalispell City Council for final action.
A. APPLICA,NVOWNER
Owner: Ron and Sharron DeMeester
The Paper Chase
7 E. Oregon Street
Kalispell, Mt 59901
Applicant: Douglas .Johns
Mountain Paging Network
PO BOX 913
Kalispell, Mt 59903-0913
1=46JU43 T
Location: The property is located on the northeast corner of Oregon Street and
US Highway 93. The property is described as Lots 7, 8, and 9 of Block 231, Kalispell
Addition J5, in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County.
Size of Property: The site contains 0.5 acres with 150 foot of frontage along US
Highway 93.
The property contains an existing building that had contained the Coca Cola center.
Currently the structure contains The Paper Chase in the front 1/3. The applicant
proposes to occupy the center 1/3 and no use is currently been proposed for the
back 1/3 of the building. In addition, a request to amend the Kalispell Zoning
ordinance has been proposed to allow this use in this zone. Currently it is not
permitted.
The applicant is requesting a Conditional Use Permit to allow the construction of an
antenna ancillary to a telecommunication office. The project would be located in
an existing building with adequate parking.
The site contains 25 parking spaces for the 4,500 square foot building. This parking
to building ratio is approximately 1 space per 180 square foot of building. That high
a ratio would permit most uses. The project requires 4 parking spaces leaving 21 for
other uses.
E. Ni? USE AND ZONING
EXISting Zoning: B-1 Neighborhood Business zone. Telecommunication office with
ancillary antenna will be allowed as a conditional use If the text change occurs.
Existing Land Use: The site Is presently occupied by a building and parking. The
building contains The Paper Chase.
adjacent zoning and Land Use: To the west across US Highway 93 lies B-1
Neighborhood Business; uses Includes retail and residences. To the south Iles Scott
Publishing zoned B-3. To the east lies RA-1 zoning and residences. To the north Iles
a law office in B-1 zoning.
The Master Plan designates this area as a High Density Residential/Commercial
transition area and anticipates this type of use.
G. _EVALUATION OF RE,2UEST
Site Suitabillty:
a. Adequate Useable Space: The property contains approximately 0.5
acres and has a building and parking constructed on it. The
construction of the 50 foot mono -pole and 20 foot antenna would be
at the rear of the lot, behind the building. Any impact of this
construction would be to the residences across the alley. As of the
writing of this report no interest has been Indicated by any of the
notified property owners.
b. Adequate Access: The site abuts US Highway 93 and Oregon Street. All
access is adequate.
C. Environmental Constraints: No known or documented environmental
constraints exist on or adjacent to this site.
2. Appropriate Design:
a. Parking Scheme: The applicants are required to provide 4 parking
spaces per the City ordinance. The site plan shows 25 spaces. The
parking is adequate for the existing and proposed use.
b. Traffic Circulation: The access is from US Highway 93 and Oregon
Street.
C. Open Space: The building is situated in the northerly portion of the
property with parking to the south. New construction only entails the
antenna. Open space is not an issue for this use.
d. Fencing/Screening/Landscaping: The applicant meets the
requirements of the zoning ordinance which is felt to be adequate.
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e. Signacte: The applicant has not proposed any sign. Any signage will
have to comply with the Kalispell City Zoning Ordinance.
3. Availability of Public Services/Facilities:
a. Schools: Because of the commercial nature of this facility, no impact
on schools is anticipated.
b. Parks and Recreation: Because of the commercial nature of this
facility, no impact on parks or recreation is anticipated.
C. Police: The facility can be adequately served by existing staff and
equipment.
d. Fire Protection: The facility can be adequately served by existing staff
and equipment.
e. Water: The site is currently served by City services.
Sewer: The site is currently served by City services.
g. Solid Waste: The site can be adequately served by the Kalispell
Municipal collection service.
h. Roads: The existing road system is adequate to serve the needs of this
project.
4. immediate Neighborhood Impact: No significant widespread impact is
expected from this use. A 50 foot mono -pole with a 20 foot antenna is not
expected to impact the area any more than other uses permitted in the
zone.
5. Immediate Neighborhood integrity: The construction of this pole and
antenna is not expected to impact the integrity of the neighborhood beyond
other uses permitted in the zone.
6. impact on Property Values: The proposed project should not impact
property values beyond what impact would be experience by other use
allowed in this zone.
H. SUMMARY OF FINDINGS
There is adequate space on the site to meet the needs of the proposed facility and
parking. Adequate setbacks exist from adjacent development. Access from this site
is adequate.
it is recommended that the City -County Planning Board and Zoning Commission
adopt FRDO staff report #KCU-94-01 as Findings of Fact and recommend approval of
the requested Conditional Use Permit, subject to the following requirements and
conditions.
The antenna shall not exceed 70 feet in height.
�I
2. Any signs shalt comply with the Kalispell zoning Ordinance.
3. Any construction shall be In conformance with the approved site plan as to
the location of all buildings, parking, landscaping.
4. Prior to receiving a building permit, this project shall comply with all related
provisions and requirements of this Conditional Use Permit
S. The conditional use permit shall terminate 18 months from date of issuance
if commencement of the authorized activity has not begun.
F:\FRD01REPORTS\KCU94-01.MTN
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STANDARD RADIO MAST - 50 foot MONO -POLE
To be locatedadjacent to communication facilities.
Station Location: N. Lat. 48°11'45" 307 First Ave. East
W. Long. 114618'35" Kalispell, (Flathead) Montana
Celwave Model PD-220
"Stationmaster"
Quantity - 2
with two (2) Wire Inlets
Celwave Model PD-688S
UHF- Yagi
Quantity - 4
with two (2) Wire Inlets
Horizontal Polarization on
each Yagi antenna
One Handhole for cable exit
3022' AMSL
2 O"
41r f2p •
a
C a • O a e' � 6 a •
3002' AMSL
2997' AMSL
2952'AMSL