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06. TCI Cablevision - Conditional Use PermitJune 20, 1994 Bruce Williams, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5780 RE: TCI Cablevision of Montana - Conditional Use Permit Dear Bruce: The Kalispell City -County Planning Board and Zoning Commission met in regular session on Tuesday, June 14, 1994, and held a public hearing on the following: A request by Weldon Plymton of TCI Cablevision of Montana, Inc., for a conditional use permit in accordance with Section 27.16.030 of the Kalispell Zoning Ordinance to allow an antenna ancillary to a cable company in the B-4 Central Business zone. The use will include an expansion to the north of the TCI Cablevision offices, located between 3rd and 4th Streets East on the east side of 1st Avenuen East (across from City Hall). The address is 333 1st Avenue East, more specifically described as Original Kalispell Lot 12 of Block 64. John Parsons, of FRDO presented the staff report, and recommended granting the permit subject to five (5) conditions in the report. The representative for the applicant spoke in favor of the request. No one spoke in opposition. i After taking public testimony and brief discussion, the Board adopted the findings of fact -in report #KCU-94-10, and voted 9-0 to recommend approval of the conditional use permit, subject to the conditions as modified and attached. 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, %LIELL CIT -COUNTY PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/JJP/eo Attachments: Attachment A FRDO Report #KCU-94-10 Application Materials F:\FRDO\TRANSMIT\KCU-119byMgEQnmunity Planning Assistance To: • Flathead County • City of Columbia Falls 9 City of Kalispell • City of Whitefish • ATTACHMENT A CONDITIONAL USE PERMIT #KCU-94-10 TCI CABLEVISION OF MONTANA, INC. CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION ON JUNE 14, 1994 It is recommended that conditional use permit #KCU-94-10 be granted subject to the the following requirements and conditions. 1. The antenna shall not exceed 80 feet in height. The old antenna shall be removed concurrent with the erection of the new antenna. 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, landscaping. 4. Prior to receiving a building permit, this project shall comply with all related provisions and requirements of this Conditional Use Permit. 5. The Conditional Use Permit shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. F:\...\KAL I S PEL\KCU 94-10.REC • ! ;" • ' • CONDITIONAL USE R TCI CABLEVISION OF • This is a report to the Kalispell City -County Planning Board and zoning Commission regarding a request for a Conditional Use Permit to allow an 80 foot telecommunications antenna in the B-4 zone (Central Business). This request is scheduled for a public hearing at the June 14, 1994 Board hearing. A recommendation will then be forwarded to the Kalispell City Council for final action. A. APPLICANVOWNER Weldon Plympton of TCl Cablevision of Montana 333 First Avenue East Kalispell, Mt 59901 (406) 755-7200 Location: The property is located across from City Hall approximately 150 feet north of Fourth Street East on the east side of 1st Avenue East. TCI Cable is located on Lots 10,11, and 12 of Block 64, Original Kalispell Townsite, in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County. The antenna tower and headend facility would be located on Lot 12. Size of Property: The entire site contains 0.25 acres with 75 foot of frontage along 1st Avenue East. C. BACKGROUND The properties contain the existing TCI Cable offices. The applicant proposes to construct an addition on the north side of the existing offices to house the headend facility, the antennas and dishes. D. NATURE OF REQUEST The applicant is requesting a Conditional Use Permit to allow the construction of an antennas ancillary to the existing office. The project would be located north of the existing structure and would involve the construction of an electronics hardware room (headend facility) and the antennae. The existing 80 foot wooden antenna would be removed and a metal antenna would be constructed slightly north of the existing antenna. The site contains adequate area parking for the 1,000 square foot addition. E. LAND USE AND ZONING Existing Zoning: B-4 Central Business zone. The lot proposed for the antenna is currently vacant, however, TCI Cable occupies lots 10 and 11 which is considered a part of the project. Adlacent Zoning and Land Use: To the north, south, and west lies B-4 Central Business; to the east is RA-1, Low density residential apartment. West is City Hail; east are residences; south Is the Lutheran Brotherhood; north is vacant. F. MASTER PLAN DESIGNATION The Master Plan designates this area as a Commercial and anticipates this type of use. G. EVALUATION OF REQUEST 1. Site Suitability:. a. Ade uate Useable Space: The project site contains approximately 0.25 acres and has a building and parking constructed on it. The construction of the 80 foot antenna would be behind the proposed addition to the existing 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 1st avenue East and has adequate access from the alley. 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 3 parking spaces per the City ordinance. The site indicates an adequate parking area. it is considered adequate because the parking is in the rear of the building and primarily for the use of the employees. Public parking is on the street in front of the offices, in addition, the public would not regularly visit the site as most people would mail in the bills and only visit the site for the initial hookup order. b. Traffic Circulation: The access is from the alley. C. Open Space: The existing building is situated in the southerly portion of the project site with parking in the rear. The new construction entails the construction of a 1,000 square foot addition and antennas. Open space is not an issue for this use at this location. however the applicant is proposing to set the new construction back from 1st Avenue East to allow for landscaping and handicapped access. d. Fencing/Screening/Landscaping: The applicant is proposing to screen the antenna dishes which would meet the requirements of the zoning ordinance which are felt to be adequate. 2 e. Si na e: The applicant has not proposed any signage. 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. The 80 foot metal antenna would be less of an impact than the existing wooden structure, and the dishes would be screened from view. Therefore, this development is not expected to impact the area any more than other uses permitted in the zone or the existing use and in fact would reduce any impact. 5. immediate Neighborhood Integrity: The construction of this antenna and dishes is not expected to impact the integrity of the neighborhood beyond what is existing and other uses permitted in the zone. In addition, the proposed antenna is smaller in mass than the existing wooden structure thereby, reduce any negative impact on neighborhood integrity. 6. Impact on Property Values: The proposed project should not impact property values beyond what impacts exist orwould be experienced by other uses allowed in this zone. Additionally, the reduction in mass of what is existing to what is proposed should in fact reduce any negative impact on property values. 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 IKCU-94-10 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 80 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, landscaping. 4. Prior to receiving a building permit, this project shall comply with all related provisions and requirements of this Conditional Use Permit. 5. The Conditional Use Permit shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. F:\FRDO\REPORTS\KCU94-IO.TCI 4 APPLICATION FOR A CONDITIONAL USE PERMIT 3. Topics relative to the proposed use: In response to the issues addressed in Question 3 of the City of Kalispell "Application for a Conditional Use Permit" I submit that this office expansion and tower replacement for the existing TCI office will convert an unsafe, abandoned building located directly across the street from City Hall into an attractive, modern facility that will be consistent with the City's desire to expand the downtown areas' tax base with non-polluting, long-term businesses committed to investing in the downtown area. This expansion will allow TCI to complete its fiber optic rebuild of the Flathead Valley and to maintain the existing office location as the hub for entry into the new digital age to which the company is committed. This expansion will dramatically improve the impact of virtually every aspect Question 3 Items A-K address on the attached "Application for a Conditional Use Permit." It will be possible for TCI to more effi- ciently and effectively serve the same number of customers and employees utilizing the present site but in an atmosphere more conducive to modern business. It is the desire of TCI Cablevision of Montana to remain in the down- town Kalispell area. This permit will allow for the continuation of a 40 plus year history of doing just that. 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