08. TCI Cablevision - Conditional Use PermitCity of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
APPLICANT:
ADDRESS:
LEGAL DESCRIPTION:
OWNER:
ZONE:
GRANT OF CONDITIONAL USE
Weldon Plympton of
TCI Cablevision of Montana, Inc.
333 First Avenue East
Kalispell, MT 59901
Original Kalispell Lot 12 of Block 64
TCI Cablevision of Montana, Inc.
Central Business Zone, B-4
Weldon Plympton of TCI Cablevision of Montana, Inc.,
applicant, applied to the City of Kalispell for a conditional use
permit to allow an antenna ancillary to a cable company on the
property described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice on June 14, 1994 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to five (5)
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-94-10 as the Council's finding of fact, and issues and grants
to the above -described real property a conditional use permit to
allow an antenna ancillary to a cable company in the B-4 Central
Business Zone subject to the following conditions:
SECTION I.
1. The antenna shall not exceed 80 feet in height. The old
antenna shall be removed concurrent with the erection and
operation 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.
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
STATE OF MONTANA )
: ss
County of Flathead )
, 1994.
Douglas D. Rauthe, Mayor
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
2
June 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.
,
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,
%L1ELL CIT -COUNTY PLANNING BOARD AND ZONING COMMISSION
✓ ``' 0&�A
Therese Fox Hash
President
TFH/JJP/eo
f Attachments: Attachment A
FRDO Report #KCU-94-10
Application Materials
F:\FRDO\TRANSMIT\KCU+9-4rtlifhgCE6immunity Planning Assistance To:
9 Flathead County • City of Columbia Falls • City of Kalispell 9 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.
Ft\ ... \KALI S PEL\KCU94-10.REC
FLATHEAD REGIOAAL DEVELOPMENT
TCI CABLEVISION OF CONDITIONAL USE REPORT #KCU-94-10
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 .tune 14, 1994 Board hearing. A recommendation will then be forwarded to the
Kalispell City Council for final action.
Weldon Plympton of
TCI 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.
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.
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.
Existing Zoning: B-4 Central Business zone. The lot proposed for the antenna is
currently vacant, however, TO Cable occupies lots 10 and 11 which is considered a
part of the project.
Adjacent 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 Hall; east
are residences; south is the Lutheran Brotherhood; north is vacant.
The Master Plan designates this area as a Commercial and anticipates this type of use.
Site Suitability:
a. Adequate 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 regularlyvisit 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. Signage: 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.
f. 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 or would 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.
3
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it is recommended that the City -County Planning Board and Zoning Commission
adopt FRDO staff report JKCU-94-10 as Findings of Fact and recommend approval of
the requested Conditional Use Permit, subject to the following requirements and
conditions.
1. 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.
S. The Conditional Use Permit shall terminate 18 months from date of issuance
if commencement of the authorized activity has not begun.
F:\F R D O\R E PO RTS\K CU 94-10.TC1
E
APPLICATION FOR A CONDITIOKAL 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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