E3. Ord 1812 - Glacier Rail Park ZoningPLANNING FOR THE FUTURE
M01ff"A
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www. kalispell.com/pla nnina
SUBJECT: Ordinance 1812 Second Reading — Glacier Rail Park Initial Zoning Request
MEETING DATE: July 2, 2018
BACKGROUND: This is the second reading of Ordinance 1812, an ordinance to zone 3.38-acres
recently annexed into the city to I-2/PUD. The 1-2/PUD zoning overlay was created specifically for
Glacier Rail Park by Ordinance 1792, The Glacier Rail Park is generally bound by Whitefish Stage
Road to the West, Stillwater River to the north, BNSF tracks to the east and Oregon Street to the
south. The area to be annexed can be described as a tract of land located in Tract 2-A of Certificate of
Survey 20637 in the NW4 of Section 8, Township 28N, Range 21 W, P.M.M., Flathead County,
Montana, more particular described in the attached Exhibit "A."
The Kalispell City Council, at their meeting on June 18, 2018, unanimously approved the first
reading of Ordinance 1812 upon roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 18I2, an Ordinance to amend section 27.02.010, official zoning map, City of
Kalispell zoning ordinance 1677, by zoning certain real property described as a tract of land located
in Tract 2-A of Certificate of Survey 20637 in the NW4 of Section 8, Township 28N, Range 21 W,
P.M.M., Flathead County, Montana, more particular described in the attached Exhibit "A," to City I-
2/PUD in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective
date.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1812
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1812
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS A TRACT OF LAND LOCATED IN TRACT 2-A OF
CERTIFICATE OF SURVEY 20637 IN THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
AND AS FURTHER DESCRIBED ON EXHIBIT A, CURRENTLY ZONED COUNTY I-2
(HEAVY INDUSTRIAL) TO CITY I-2 (INDUSTRIAL) IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, the Flathead County Economic Development Authority (FCEDA), the owner of the
property described above, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land, currently zoned County I-
2 (Heavy Industrial), be zoned City 1-2, Heavy Industrial, with a PUD overlay, on
approximately 3.38 acres of land; and
WHEREAS, the property is located in Tract 2-A of Certificate of Survey 20637 in the northwest
quarter of Section 8, Township 28 North, Range 21 West; and
WHEREAS, FCEDA's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-18-01, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be
zoned 1-2, Heavy Industrial, with a PUD overlay, pursuant to Kalispell City Code
27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 10,
2018, and after considering the Staff Report #KA-18-01 as well as public comment
and discussion, recommended that the zoning be City 1-2, Heavy Industrial, with a
PUD overlay, pursuant to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described 1-2, Heavy Industrial, with a PUD overlay, the City Council finds the
recommendation of the Kalispell City Planning Board to zone the property as I-2,
Heavy Industrial with a PUD overlay, to be compatible to the existing neighborhood
and consistent with the Kalispell Growth Policy -- Plan It 2035 and adopts, based
upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of
County Commissioners, Etc. 590 P2d 602, the essential findings of fact of KPD as
set forth in Staff Report No. KA-18-01.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property described above and on Exhibit A as I-2, Heavy Industrial, with a
PUD overlay.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION 3. This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS 2ND DAY OF DULY, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT A
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN TRACT 2-A OF C.O.S. No. 20637 IN THE NWJ OF SECTION 8, T.28N., R.21W.,
P.M.MONTANA, FLATHEAD COUNTY; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY MOST CORNER OF PARCEL A-1 OF SAID C.O.S. No. 20637, THENCE ALONG
THE SOUTHERLY BOUNDARY OF SAID PARCEL A-1, THE FOLLOWING THREE (3) COURSES: 1) S 54'40'49" E,
412.52 FEET; 2) ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 714.68 FEET, AN ARC LENGTH
OF 442,75 FEET AND A DELTA ANGLE OF 35°29'44"; 3) N 89'49'27" E, 642.02 FEET TO THE WEST LINE OF
TRACT 5 OF C.O.S. No. 18380; THENCE S 00'09'57" E, 28.39 FEET ALONG THE WEST LINE OF SAID TRACT 5;
THENCE S 75'52'58" W, 144.95 FEET; THENCE S 67.23-07 W, 323.43 FEET; THENCE N 89"41'52" W, 18&69
FEET; THENCE N 74'15'35" W, 118.99 FEET; THENCE N 62'30'51" W, 156.96 FEET; THENCE N 53'01'11 W,
151.01 FEET; THENCE N 48'03'21" W, 534.06 FEET; THENCE N 63'48'24" E, 6.00 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS 3.38 ACRES MORE OR LESS AND IS SUBJECT TO ALL EXISTING
EASEMENTS AND DOCUMENTS OF RECORD.