Resolution 5878 - Preliminary Plat - Glacier Rail ParkRESOLUTION NO.5878
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
GLACIER RAIL PARK, DESCRIBED AS TRACTS 2 AND 3 OF CERTIFICATE OF
SURVEY 19246 AND TRACTS 4, 5, 6 AND 7 OF CERTIFICATE OF SURVEY 18380 IN
THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Flathead County Economic Development Authority (FCEDA), the owner of the
certain real property described above, has petitioned for approval of the Subdivision
Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
April 10, 2018 on the proposal and reviewed Subdivision Report #KPP-18-04 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of FCEDA Rail Park Subdivision subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of June 18,
2018, reviewed the Kalispell Planning Department Report #KPP-18-04, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-18-04 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of FCEDA for approval of the Preliminary Plat of
FCEDA Rail Park Subdivision, Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
General Conditions:
1. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
3. All applicable conditions within Ordinance 1792 (Glacier Rail Park PUD) shall apply.
4. Commercial truck traffic shall be prohibited from using East Oregon Street, west of the
subdivision. Signage prohibiting commercial trucks from using East Oregon Street shall be
installed on East Oregon Street, west of the proposed subdivision.
5. Commercial truck traffic shall be prohibited from exiting the site onto Whitefish Stage, west
of the subdivision. Signage prohibiting commercial trucks from exiting the site onto
Whitefish Stage Road shall be installed on the proposed "Rail Access Road" within the
subdivision.
6. The proposed private Rail Access Road within the subdivision shall be designed and
constructed in accordance with the Kalispell Subdivision Regulations and Kalispell
Standards for Design and Construction. hi order to serve its intended purposes, the private
road shall be designed to Collector Street standards with a loading capacity of HS-20 in order
to withstand the weight of truck traffic. Curbs, gutters, and boulevards shall be provided on
both sides of the road. No sidewalks are required per Ordinance 1792. The private access
road shall continue to provide access to the properties to the north of the subdivision per an
easement stated on the face of the final plat.
Prior to final plat:
7. East Oregon Street and East Oregon Lane shall be improved to City of Kalispell Collector
Street standards with a curb, gutter, boulevard, and sidewalk along the affected frontages and
with curb and gutter on the opposite side of the street. The improved road shall be designed
and constructed to HS-20 loading capacity standards. All of the corresponding right-of-way
shall be granted to the City of Kalispell.
8. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement
(Flathead Drive west of rail ROW, East Oregon Street, and East Oregon Lane). The exact
easement location shall be reviewed and approved by the Kalispell Public Works department
and shown on the final plat. The dedicated segment of Flathead Drive shall be improved to
Collector Street standards, with curbs, gutters, and boulevards on both sides, and a sidewalk
on at least one side.
9. The intersection of East Oregon Lane, Montclair Drive, and Flathead Drive shall be designed
in accordance with the recommendations contained in the Traffic Impact Study for the
FCEDA Rail Park subdivision. The final traffic circulation design shall be reviewed and
approved by the Kalispell Public Works Department and Flathead County.
10. The intersection of Flathead Drive and U.S. Highway 2, including the installation of a traffic
light at this intersection, shall be designed in accordance with the recommendations
contained in the Traffic Impact Study for the FCEDA Rail Park Subdivision. The final traffic
circulation design shall be reviewed and approved by the Kalispell Public Works
Department, Flathead County, and the Montana Department of Transportation.
11. The designs for any modified or planned crossing of the railroad lines within the property and
at Flathead Drive shall be reviewed and approved by Burlington Northern and Santa Fe
(BNSF) Railway Company. A letter shall be submitted to the Kalispell Public Works
Department from BNSF, or their technical representative, indicating approval of the design
of said crossings.
12. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the requirements of
the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved.
13. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities.
14. The developer shall submit to the Kalispell Public Works Department for review and
approval a municipal water and sewer extension and development plan that meets the
requirements of the current city standards for design and construction. If public utilities are
located internal to the site, they shall be located within the private roadway area.
15. Any public utilities that are required to cross the railway lines shall be encased in sleeves that
will protect the underground utilities from damage. The design for these casings shall be
submitted for review and approval by the Kalispell Public Works Department.
16. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or proper bonds have been accepted
for unfinished work.
17. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat. Easements for public utilities should be exclusive to public utilities only.
Private utility easements may run parallel and adjacent to the public easement.
18. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering
to provide telephone, telegraph, electric power, gas, cable television, water or sewer service
to the public, the right to the joint use of an easement for the construction, maintenance,
repair, and removal of their lines and other facilities, in, over, under, and across each area
designated on this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
19. The developer shall include on the face of the final plat a statement waiving the right to
protest the establishment of a special improvement district for the purposes of improvements
to Whitefish Stage Road where it is adjacent to the property.
On -going conditions:
20. All utilities shall be installed underground.
21. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
22. The portion of the property located in the far northwest corner, spanning the Stillwater River,
shall be maintained in its natural state so as not to disturb the native vegetation, impede the
flow of surface water, or impact the 100-year floodplain.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 18TH DAY OF JUNE, 2018.
ATTEST:
Mark Johnski
Mayor
Aimee Brunckhorst, CMC
City Clerk O%�'`<�%
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