2. Resolution 5669 - Annexation Request - FCEDAPLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
MON `ANA
Doug Russell, City Manager
Kevin LeClair, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
KA-14-02 - Request for Annexation with I-2 Zoning
FCEDA Rail -served Industrial Park
April 21, 2014
BACKGROUND: The Kalispell City Planning Board met on April 8, 2014, and held
a public hearing to consider a request for annexation and initial zoning classification of
I-2 (Heavy Industrial) from the Flathead County Economic Development Authority
(FCEDA).
The 40.69 acres, the site of the former McElroy -Wilkins gravel pit operated by Knife
River, is located on the east side of Whitefish Stage Road, north of East Oregon Street,
and west of East Oregon Lane. The property can be described as Tracts 4, 5BA, 513,
30ICA, 30IB, and 30S in the north 1/2 of Section 8, Township 28 North, Range 21 West
P.M.M., Flathead County, Montana.
The owner, FCEDA, intends to develop a rail -served industrial park that will be the
new home of several of the rail -served industrial business uses that are currently
located within the City of Kalispell's Core Area, as well as provide additional rail -
served industrial land for other business ventures. The proposed rail -served industrial
park and relocation of industrial uses out of the Core Area will facilitate removal of the
railroad tracks from the Core Area and encourage commercial investment in the
recently expanded Westside Urban Renewal Tax -Increment Finance (TIF) District.
Staff recommended approval of the annexation with initial zoning of I-2 (Heavy
Industrial). The owner/operator of a neighboring commercial truck repair business and
an employee of the business both spoke briefly in opposition at the public hearing.
Two representatives from FCEDA also addressed the Planning Board and spoke in
support of the requested annexation. The proposal was forwarded to the Council with
a positive recommendation on a unanimous vote of 6-0.
RECOMMENDATION: A motion to approve the annexation with an initial zoning
classification of I-2 (Heavy Industrial).
FISCAL EFFECTS: Approval of the request will have minimal fiscal impact to the
City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Kevin LeClair
Senior Planner
Report compiled: March 24, 2014
c: Theresa White, Kalispell City Clerk
Flathead County Economic Development Authority, 314 Main Street, Kalispell,
MT 59901
KLJ Engineering, Attn: Mark Rohweder, 1845 Highway 93 South, Suite 320,
Kalispell, MT 59901
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5669
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION
CERTAIN REAL PROPERTY AS DESCRIBED ON EXHIBIT "A" AND FURTHER
DESCRIBED AS TRACTS 4, 5BA, 5B, 30ICA, 30IB, AND 30S IN THE NORTH HALF
OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA, TO BE KNOWN AS FCEDA ADDITION NO. 421; TO ZONE
SAID PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING
ORDINANCE, AND TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has received a petition from the Flathead County Economic
Development Authority (FCEDA), the owner of property located on the east side
of Whitefish Stage Road, north of East Oregon Street, requesting that the City of
Kalispell annex the territory into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's
Annexation Request, 4KA-14-02, dated March 24, 2014; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City I-2, Heavy Industrial, on approximately 40 acres upon
annexation into the City of Kalispell; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property described on Exhibit "A" in Section 8, Township
28 North, Range 21 West, P.M.M, Flathead County, Montana, be annexed
to the City of Kalispell and the boundary of the City is altered to so
provide, and shall be known as FCEDA Addition No. 421.
SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to
make and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as
prepared by the City Clerk, or on the effective date hereof, whichever shall
occur later, said annexed territory is part of the City of Kalispell and its
citizens and property shall be subject to all debts, laws and ordinances and
regulations in force in the City of Kalispell and shall be entitled to the
same privileges and benefits as are other parts of the City.
SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 21 ST DAY OF APRIL, 2014.
Mark Johnson
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
CITY OF KALISPELL ANNEXATION EXHIBIT
LANDOWNER: FLATHEAD COUNTYECONOMIC DEVELOPMENTAUTHORiTY
A PORTION OF WHITEFISH STAGE ROAD
A PORTION OF EAST OREGON STREET
A tract of Vand located in N1/2 of Section 8, Township 28 North, Range 21 West, P.M. M,, Flathead
County, Montana, more particularly described as follows: BEGINNING at the southwesterly corner of
Parcel C of Certificate of Survey No, 14785, Thence S 75'37'02" W, 63.34 feet to the westerly
right-of-way of Whitefish Stage Road; Thence along said right-of-way the following five (5) courses:
(1) N04"18-57"E, 379.73 feet; (2) S 89*22'09" W, 34.27 feet; (3) N 17'55'03" W, 369.62 feet, (4)
along a curve to the left with a radius of 1670 feet, an arc length of 241.24 feet and a delta angle, of
8'16'36`; (5) N 26'11 1'39"W, 105.11 feet; Thence N 63'51'47" E, 60.00 feet to the easterly
right-of-way of said Whitefish Stage Road; Thence along said right-ofway the following two (2)
courses: (1) N 63'44'01 " E, 49.71 feet; (2) N 22'31'52" W, 303,77 feet;Thence along the northerly
boundary of Tract 2 of Certificate of Survey No. 19246 the following nine (9) courses; (1) S 59'23'18"
E, 304.94 feet; (2) N 63'43'36" E, 367.60 feet; (3) S 48'04'24" E, 533.99 feet; (4) S 52'58'24" E,
151.14 feet (5) S 62'30'24" E, 157.08 feet; (6) S 74'20'24" E, 118.80 feet; (7) S 89'44'24" E, 18836
feet; (8) N �7-23'36" E, 323.40 feet (9) N 75'53'36" E, 144.93 feet to the westerly boundary of Tract
5 of Certificate of Survey No. 18380; Thence along said westerly boundary N 00'10'22" E, 66.37 feet;
Thence N 89'33'46" E, 739,18 feet along the northerly boundary of said Tract 5 to the westerly
boundary of Burlington Northern Railroad Right-cf-Way; Thence along said right-of-way the foll
three (3) courses; (1) S 18'25'34" W, 188.79 feet; (2) along a curve to the left with a radius of
1372,48 feet, an arc length of 46.99 feet and a delta angle of 1'67'42" (3) along a curve to the left
with a radius of 1382.69 feet, an arc length of 243.39 feet and a delta angle of 10'05'08"; Thence
continuing along said right-of-way which is also the easterly right-of-way of East Oregon Street S
30-27'32" W, 1070.40 feet to the northerly boundary of Tract I of Certificate of Survey No. 14094
which is also the southerly boundary of East Oregon Street; Thence along said boundary between
said Tract 1 and East Oregon Street the following eight (8) courses: (1) IN 36'23'55" W, 75.40 feet;
(2) N 674F53" W, 96,01 feet; (3) N 77'03'55" W, 75.00 feet; (4) S 88'26'05" W, 125.00 feet; (5) N
65-38'55" W, 182.00 feet; (6) N 86*03'55 W, 35.00 feet; (7) S 79'41'05" W, 42,00 feet; (8) S
54'56'05" W, 83.19 feet; Thence N 13'49'00" W, 98,67 feet to the northerly boundary of East Oregon
Street; Thence along said boundary the following four (4) courses: (1) N 51'20' E, 72.73 feet; (2) N
13'49'00" W, 34,85 feet to the southerly boundary of Parcel B of Certificate of Survey No. 19528; (3)
Along said southerly boundary N 51'18'29" E, 10113 feet; (4) Along said southerly boundary S
62-47-38' E, 99.39 feet to the westerly boundary of Tract 4 of Certificate of Survey No. 18380;
Thence along said boundary N 00'52'43" E, 370,95 feet to the southerly boundary of Tract 2 of
Certificate of Survey No. 19246; Thence along said southerly boundary the following three (3)
courses: (l) N 89'40'46" W, 834.59 feet, (2) S 11'58'02" E, 9.26 feet; (3) S 89'58"54"' W, 369.04 feet
to the easterlly right-of-way of Whitefish Stage Road; Thence along said right-of-way S 04'18'59" W,
364,08 feet to the POINT OF BEGINNING, excepting therefrom Tract 1 of Certificate of Survey No.
6547, which is not part of this annexation. The area to be annexed includes 48.89 acres more or less.
VICINITY MAP
NOT TO SCALE
LEGEND
Basis of Bearings: Tract 2 or Certificate of
0 POINT OF BEGINNING Survey 19246 KL)
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M Rir"', ,11004 7C11 7
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FCEDA RAIL INDUSTRIAL PARK ANNEXATION
REQUEST FOR INITIAL ZONING OF I-2, UPON ANNEXATION
STAFF REPORT #KA-14-2
KALISPELL PLANNING DEPARTMENT
MARCH 24, 2014
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request to annex into the city limits with an initial zoning designation of I-2 upon
annexation. A public hearing has been scheduled before the Kalispell City Planning
Board for April 8, 2014 beginning at 7:00 PM, to consider the annexation request and
the appropriate zoning for the property to be annexed. The planning board will
forward a recommendation to the Kalispell City Council for consideration.
BACKGROUND INFORMATION
The owner, Flathead Economic Development Authority (FCEDA), has petitioned for
annexation and an initial zoning designation of I-2, an industrial zone, on a group of
six existing tracts of land totaling 40.032 acres in size. The owner is requesting
annexation to ensure the property can be developed as a rail industrial park with
access to city services.
This report evaluates the annexation request and the appropriate assignment of a city
zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning
Ordinance. This property will be annexed under the provisions of Sections 7-2-4601
through 7-2-4610, M.C.A., Annexation by Petition.
A. Petitioner / Owner: Flathead County Economic Development Authority (FCEDA)
314 Main Street
Kalispell, MT 59901
B. Location and Legal Description of Properties: The tracts under consideration
are situated on the east side of Whitefish Stage Road and the west side of East
Oregon Street, just northeast of the Kalispell City limits on a site formerly owned
and operated by Knife River as a gravel pit. The eastern boundary of the property
is adjacent to the Burlington Northern Santa Fe (BNSF) railroad right-of-way.
The 40.032-acre site can be legally described as Tracts 4, 5BA, 513, 30ICA, 30IB,
and 30S in the north 1/2 of Section 8, Township 28 North, Range 21 West P.M.M.,
Flathead County, Montana.
C. Existing Land Use and Zoning: A small portion of the overall site is currently
being used for a trucking business, while most of the site is undeveloped, bare
land.
The current county zoning on the property is I-2 (heavy industrial). The Flathead
County Zoning Regulations define it as, "A district to provide for industrial uses to
accommodate heavy manufacturing, processing, fabrication, and assembly of
parts or materials. It is also intended that the encroachment of non -industrial or
unspecified commercial uses within the district be prevented." Permitted uses in
this district include a variety of heavy industrial uses, including a railroad yard.
The county's zoning code conditionally permits additional heavy industrial uses
that tend to deal with handling or manufacture of dangerous or toxic materials, or
produce excessive noise, such as an airport or motor vehicle race track.
P1gUFC l: ti F1W V1CW Ul SILC
D. Proposed Zoning: The City of Kalispell zoning proposed for the site is I-2, a
heavy industrial zone. The Kalispell Zoning Regulations state that the I-2 zoning
district is "intended to provide areas for heavy industrial uses to accommodate
heavy manufacturing, processing, fabrication and assembling of products or
materials. It is also intended that the encroachment of non -industrial uses within
the district be prevented. This zoning district would typically be restricted to
areas designated as industrial on the Kalispell Growth Policy Future Land Use
Map."
E. Size: The group of six tracts totals 40.032 acres in size. When the adjacent
public rights -of -way of Whitefish Stage Road and East Oregon Street are
included, the total area of annexation totals 48.89 acres.
F. Adjacent Land Uses and Zoning: The property is bordered by public rights -of -
way (road and rail), developed industrial properties, and several residential
properties.
0J
North: Klingler Lumber post and pole production and Glacier Stone
landscape stone supply, Zoned County I-2 (heavy industrial)
East: Whitefish Stage Road and vacant riparian area adjacent to a side
channel of the Stillwater River, Zoned County R-1 (suburban
residential)
West: A commercial truck repair shop and East Oregon Street and BNSF
rights -of -way, Zoned County I-2 (heavy industrial)
South: Four residential properties and Greenwood Village RV Park and
Assisted Living Facility, Zoned County R-5 (two-family residential)
G. General Land Use Character: The general land use character of this area can be
described as industrial. The active land uses in the area are a trucking company,
a landscape stone supply company, a post and pole wood products
manufacturing operation, and a commercial truck repair business. There are
residential properties adjacent to the site on its southern boundary, but there is a
significant topographic difference between the residential properties and the
industrial area, with the residential properties sitting 20 to 30 feet above the
industrial zone. There is also an RV park located just south of East Oregon
Street.
H. Utilities and Public Services: City water and sewer mains both terminate at the
city boundaries in Whitefish Stage Road and East Oregon Street. Both utilities
will need to be extended to the property. If annexed and subsequently developed,
the owner or developer would be required to pay the cost for the utility extension.
The design and sizing of these utilities will be reviewed and approved by the
Kalispell Public Works Department.
Sewer: City sewer main if annexed
Water: City Water if annexed
Refuse: Evergreen Disposal
Electricity: Flathead Electric Cooperative
Telephone: CenturyLink
Schools: School District #5, Kalispell
Fire: Evergreen Fire District (currently), Kalispell Fire
Department if annexed
Police: Flathead County Sheriff Department (currently), Kalispell
Police Department if annexed
I. ANNEXATION EVALUATION
Compliance with the growth policy:
The Kalispell Growth Policy, and specifically the "Core Area Plan" discusses the
relocation of the railroad tracks from the Core Area. The applicable policies in
the "Core Area Plan," that were adopted by the City Council in December 2012,
include:
1. Work with the railroad to develop a seamless program to remove the
tracks from the Core Area and provide a new rail terminus at the
FCEDA rail -served industrial site. (emphasis added)
3
2. The city should take the lead in coordinating with the current track
users and the railroad for relocation of the businesses out of the Core
Area for track removal.
3. A program should be developed for the relocation of existing rail
dependent business out of the Core Area into the FCEDA rail -served
industrial site as a preferred location. (emphasis added)
The properties under consideration were purchased by FCEDA for the
development of the rail -served industrial site. The annexation of the site into
the city is a positive fulfillment of the Growth Policy and the supporting "Core
Area Plan."
2. Municipal Services:
Municipal services, such as sewer mains and water mains, are located within
the public rights -of -way of Whitefish Stage Road and East Oregon Street, up to
the current Kalispell City limits. These utilities will need to be extended to the
property at the time it undergoes development as a rail -served industrial park.
The site is currently protected by the Evergreen Fire District and the Flathead
County Sheriff's office. The applicant has submitted a Notice of Withdrawal
from Rural Fire District. At the time of annexation, the property will be served
by the Kalispell Fire Department. Similarly, the property will be served by the
Kalispell Police Department upon annexation.
3. Distance from current city limits:
The site is approximately 500 feet from the city limit along Whitefish Stage Road
and approximately 250 feet on East Oregon Street.
4. Cost of services:
Once annexed to the city, full city services will be made available to the property
owner. Any necessary infrastructure associated with this development will be
required to be constructed in accordance with the City of Kalispell's Design and
Construction standards and any other development policies, regulations or
ordinances that may apply. If annexed, the property owner will be extending
and connecting to city sewer and water at the time of development.
The attached cost of services analysis prepared for this property is for
commercial annexations. The analysis is only an estimate based on a variety of
assumptions. The analysis does not take into consideration changes in
methods of assessment and estimated costs associated with services. The
information can only be used as a general estimate of the anticipated cost of
services and revenue.
The cost to serve the land proposed for annexation is shown in the attached
cost of service analysis - Initial Annexation. The total cost of services is
estimated to be $18,515. Almost all of the cost is related to the acquisition of
East Oregon Street and a part of Whitefish Stage Road. A small amount is
related to the protection of the property by Kalispell Police and Fire. Based on
n
the city's taxation and assessment policies, the property will generate
approximately $13,323 in total annual revenue to the city ($4,382 in taxes and
$8,941 in assessments). Based on this analysis, the annexation will be a net
cost to the city of approximately $5,191.
Two additional costs of services analyses were prepared for this annexation that
estimate the costs and revenues for the property under two development
scenarios. The first is a "50% build out" scenario that assumes the property is
subdivided into 20 rail -served commercial lots, with only half of the lots
acquired and used by rail -dependent commercial ventures. The second
scenario is a "100% build out" scenario and assumes that the entire 40-acre
site has been subdivided into 20 commercial lots, and all of the lots put into
rail -served industrial uses, as the applicant plans.
The "50% build out" scenario shows that the estimated cost of services for the
property would be $41,885, while the total revenue from taxes and assessments
is estimated at $121,600. Under this scenario, the net revenue to the city
would be $79,715. This scenario estimates a total of $313,650 in one-time
impact fee payments to the city.
The "100% build out" scenario shows that the estimated cost of services for the
property would be $66,250, while the total revenue from taxes and assessments
is estimated at $165,161. Under this scenario, the net revenue to the city
would be $98,911. This scenario estimates a total of $618,976 in one-time
impact fee payments to the city.
II. INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. Findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell
Zoning Ordinance.
Does the requested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy future land use map as
"Industrial" which anticipates either an 1-1 or I-2 land use zoning district. The
requested initial zoning of I-2 (heavy industrial) is consistent with the industrial
designation in the growth policy.
5
Figure 2: Kalispell Growth Policy Designations
2. Will the requested zone have an effect on motorized and nonmotorized
transportation systems?
The site has three public right-of-way access points at this time. The western
access is onto Whitefish Stage Road, just south of the bridge crossing the
Stillwater River. The southern access is onto East Oregon Street, across from the
Greenwood Village RV park. The third is at the northeastern corner of the
property, at the intersection of East Oregon Street and Flathead Drive, just west
of the Burlington Northern Santa Fe (BNSF) railroad right-of-way. There are no
non -motorized facilities on any of these roadways.
Currently, the property is only partially developed and is being used for a
trucking company's base of operations. This use has relatively little impact on
the transportation system, because vehicle trips are low in number. The
requested zoning will not have an effect on the transportation system, because
the current county I-2 zoning includes many of the same uses as the requested
city I-2 zoning designation.
Development and use of the property for heavy industrial uses could impact the
transportation system due to increased traffic from heavy trucks. Current plans
call for routing of industrial traffic to the east onto Flathead Drive and Montclair
Drive, out to U.S. Highway 2 West. Discussions have been initiated with the
2
Montana Department of Transportation regarding upgrades to the Montclair
Drive-U.S. Highway 2 West intersection to make it suitable for such traffic.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access and public facilities are available to the site in the case of an
emergency. There are no features related to the property which would
compromise the safety of the public. All municipal services including police and
fire protection, water, and sewer service will be made available to the area.
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties.
5. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for development occurring on this
site are established in the Kalispell Zoning Ordinance to insure adequate light
and air is provided.
6. Will the requested zone promote compatible urban growth?
The requested I-2 zoning district allows the property to be developed as an
industrial rail park, which is consistent with its past and current use as a gravel
pit. The I-2 zoning district maintains and is compatible with the established land
use pattern in this area which is a mixture of industrial uses and some limited
rail access.
7. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
Public services and facilities are available or will need to be extended to the
property when it is developed for its intended use as a rail -served industrial park.
The property is currently being used as a base of operations for a trucking
company. The requested use will create no impact on park or school facilities.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
The proposed I-2 zoning district is consistent with the surrounding industrial
character of the area and its location adjacent to the BNSF right-of-way. The
requested I-2 zoning district gives due consideration of the suitability of this
property for the permitted uses in the zoning district.
9. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is industrial, with a small number of residential
properties to the immediate south of the area to be annexed. By assigning the
property with the I-2 zoning district the development of this property will be
7
consistent with the industrial character of the area. The proposed zoning is also
consistent with County I-2 zoning designation of the properties to the north and
east.
10. Will the requested zone avoid undue concentration of people?
Upon development there will be a minor increase in the number and
concentration of people in the area. The owner intends to develop a rail -served
industrial park with approximately twenty 1.25-acre, rail -dependent commercial
lots. The number of individuals that would be employed at these individual lots
would be relatively minimal and would be generally spread across the site.
11. Will the proposed zone conserve the value of buildings?
The buildings that are currently located on the property will likely be removed or
relocated in order to develop the rail -served industrial park. The value of the
industrial area will increase with the establishment of new railroad lines into the
park and connections to the existing BNSF right-of-way to the east.
12. Will _the requested zone encourage the most appropriate use of the land
throughout the municipality?
Industrial development should be encouraged in areas where services and
facilities are reasonably available. In this case water and sewer lines are located
within a short distance of the property. The proposed zoning is consistent with
the city growth policy future land use designation and is compatible with current
county zones and uses.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning Commission adopt
Staff Report #KA-14-2 as findings of fact and recommend to the Kalispell City Council
that the property be annexed and the initial zoning for this property upon annexation be
I-2, Heavy Industrial.
ESTIMATED COST OF SERVICES ANALYSIS (Initial Annexation)
Project Name: FCEDA Rail industrial Park
Date 3/25/2014
Calculated By: Kalispell Planning Department
Number of acres proposed to be annexed:
Number of commercial lots to be annexed:
Average square foot per lot:
Estimated market value of properties to be annexed:
40.032
1,743,269
$890,000
1. COST OF SERVICES
UNDEVELOPED
ACRES
DEVELOPED ACRES
COST/ACRE
TOTAL
Fire FY14 budget $2,523,184
37
3
$ 107.37
$ 322.11
Police FY14 budget $4,073,422
37
3
$ 173.33
$ 519.99
General Gov't Services (FY
budget $5,249,874)
37
3
$ 167.50
$ 502.50
Subtotal
$ 1,344.60
SERVICE
NO. OF UNITS
COST/UNIT
TOTAL
Roads Lineal feet of road to be maintained
3400
$ 5.05
$ 17,170.00
Water based on number of ERUs
0
$ 185.51
$
Sewer based on number of ERUs
0
$ 168.51
$ -
Wastewater Treatment based on number of ERUs
0
$ 227.38
$ -
Stormwater
0
$ 67.97
$ -
Subtotai
$ 17,170.00
TOTAL ANTICIPATED COST OF SERVICE =
18,514.60
2. ANTICIPATED
CITY ASSESSMENT REVENUE GENERATED
Totalsquare foot to be annexed:
1,743,269
Number of lots:
6
ASSESSMENT
AVE SQ FT
FY14 ASSESSMENT
TOTAL
Storm sewer assessment Res. 5644 :
290,545
0.009909
$ 2,879.01
Street maintenance assessment Res. 5643 :
290,545
0.019833
$ 5,762.38
Urban forestry assessment (capped $300 per lot) Res. 5641 :
290,545
0.00171
$ 300.00
Light maintenance assessment (capped at $300 per lot):
290,545
0.003
$ -
Average water and sewer bill
$0.00
$ -
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS
rF 8,941.38
3. TAX REVENUE
Assessed value per property:
$ 890,000.00
NO. OF UNITS
PROPERTY VALUE
TOTAL
Total assessed value:
1
$ 890,000.00
$ 890,000.00
VALUE
2013 REAL ESTATE TAX
VALUE
Total taxable value:
$ 890,000.00
0.0266
$ 23,674.00
2013 MILLS LEVIED
TOTAL
Total tax revenue based on 693.4 mill levy:
0.6394
$ 15,137.16
TOTAL CITY TAX REVENUE (based on 185.1 mill levy) = 4,382.06
PACTFEES
UNIT
QUANTITY
COST PER UNIT
otal bewer Impact Fee:
ERU
0
5,757.00
$0.00
fotal Water ImpactFee:
ERU
0
2,567.00
$0.00
Total Storm ImpactFee:
ERU
0
1,121.00
$0.00
rotal Police Impact Fee:
Comm. Sq. Footage
0
13.00
$0.00
o a ire mpactFee:
Comm. Sq. Footage
0
240.00
$0.00
Total Project Impact Fee
$0.00
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY ITE M-S 2 AND 3 13,323.44
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY ITEM 4 0.00
7. NET REVENUE TO THE CITY PER YEAR ITEM 2 AND 3 - ITEM 5 $5,191.16
ESTIMATED COST OF SERVICES ANALYSIS (50% Build Out Scenario)
Project Name: FCEDA Rail Industrial Park
Date 3/25/2014
Calculated By: Kalispell Planning Department
Number of acres proposed to be annexed: 40.032
Number of commercial lots to be annexed: 20
Total square footage of all the lots to be annexed: 993,604
Estimated market value of annexed properties upon 50% build out: $16,221,434
1. COST OF SERVICES
UNDEVELOPED
ACRES
DEVELOPED ACRES
COST/ACRE (2014)
TOTAL
Fire (FY14 budge $2,523,184)
29
11
$ 107.37
$ 1,181.07
Police (FYI 4 budget $4,073,422)
29
11
$ 173,33
$ 1,906.63
General Gov't Services (FY
budget$5,249,874)
29
11
$ 167.50
$ 1,842.50
Subtotal
$ 4,930.20
SERVICE
NO. OF UNITS
COST/UNIT
TOTAL
Roads (Lineal feet of road to be maintained
3400
$ 5.05
$ 17,170.00
Water (based on number of ERUs)
20
$ 185.51
$ 3,710.20
Sewer based on number of ERUs
20
$ 168.51
$ 3,370.20
Wastewater Treatment based on number of ERUs)
20
$ 227.38
$ 4,547.60
Stormwater (calculated at a impervious
surface rate of 6 ERUs/Acre)
120
$ 67.97
$ 8,156.40
Subtotal
$ 36,954.40
TOTAL ANTICIPATED COST OF SERVICE _
$ 41,884.60
2. ANTICIPATED
CITY ASSESSMENT REVENUE GENERATED
Total square foota a to be annexed:
993,604
Number of lots:
20
ASSESSMENT
AVE SQ FT
FY14 ASSESSMENT
TOTAL
Storm sewer assessment:
49,680
0.009909
$ 492.28
Street maintenance assessment:
49,680
0.019833
$ 985.31
Urban forestry assessment (capped $300 per lot) (Res. 5641).
49,680
0.00171
$ 84.95
Light maintenance assessment capped at $300 per Iot :
49,680
0.003
$ 149.04
Average water and sewer bill
$ 375.00
$ 375.00
SUBTOTAL ANTICIPATED REVENUE FROM
ASSESSMENTS PER LOT =
$ 2,086.58
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS FROM ALL LOTS
is 41,731.63
3. TAX REVENUE
Estimated market value of property:
$ 16,221,434.00
NO. OF UNITS
AVE. VALUE PER
PROPERTY
TOTAL
Total assessed value:
20
$ 811,071.70
$ 16,221,434.00
TOTAL ASSESSMENT
REAL ESTATE TAX
TAXABLE VALUE
Total taxable value:
$ 16,221,434.00
0.0266
$ 431,490.14
2013 MILLS LEVIED
TOTAL
Total tax revenue for all functions ( based on 693.4 mill levy :
0.6394
$ 275,894.80
TOTAL CITY TAX REVENUE (based on 185.1 mill levy) _ $79,868.83
4. IN
PACTFEES
UNIT
QUANTITY
COST PER UNIT
Totai Sewer ImpactFee:
ERU
20
$ 5,757.00
$115,140.00
Total Water Impact Fee:
ERU
20
$ 2,567.00
$51,340.00
Total Storm impactFee:
ERU
120
$ 1,121.00
$134,520.00
Total Police Impact Fee:
Comm. Sq. Footage
50
$ 13.00
$650.00
ota ire mpactFee:
Comm. Sq. Footage
1 50
is 240.00
1 $12,000.00
Total Project Impact Fee
1 $313,650.00
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $121,600.46
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $313,650.00
7. NET REVENUE TO THE CITY PER YEAR (ITEM 5 - ITEM 1) $79,715.86
ESTIMATED COST OF SERVICES ANALYSIS (100% Build Out Scenario)
Project Name: FCEDA Rail Industrial Park
Date 3/25/2014
Calculated By: Kalispell Planning Department
Number of acres proposed to be annexed:
Number of commercial lots to be annexed:
Total square footage of all the lots to be annexed:
Estimated market value of all properties at 100% build out:
40.032
20
993,604
$23,545,369
1. COST OF SERVICES
UNDEVELOPED
ACRES
DEVELOPED ACRES
COST/ACRE (2014)
TOTAL
Fire FY14 budget $2,523,184
18
22
$ 107.37
$ 2,362.14
Police FY14 budget $4,073,422
18
22
$ 173.33
$ 3,813.26
General Gov't Services (FY
budget $5,249,874)
18
22
$ 167,50
$ 3,685.00
Subtotal
$ 9,860.40
SERVICE
NO. OF UNITS
COST/UNIT
TOTAL
Roads Lineal feet of road to be maintained
3400
$ 5.05
$ 17,170.00
Water based on number of ERUs)
39
$ 185.51
$ 7,316.51
Sewer based on number of ERUs
39
$ 168.51
$ 6,646.03
Wastewater Treatment based on number of ERUs
39
$ 227.38
$ 8,967.87
Stormwater (calculated at a impervious
surface rate of 6 ERUs/Acre)
240
$ 67.87
$ 16,288.80
Subtotal
$ 56,389.22
TOTAL ANTICIPATED COST OF SERVICE _
$ 66,249.62
2. ANTICIPATED CITY ASSESSMENT REVENUE GENERATED
Totals uare footage to be annexed:
993,604
Number of lots:
20
ASSESSMENT
AVE SQ FT
FY14 ASSESSMENT
TOTAL
Storm sewer assessment Res. 5644 :
49,680
0.009909
$ 492.28
Street maintenance assessment Res. 5643 :
49,680
0.019833
$ 985.31
Urban forestry assessment (capped $300 per lot Res. 5641 :
49,680
0.00171
$ 84.95
Li ht maintenance assessment (capped at
$300 per lot):
49,680
0.003
$ 149.04
Average water and sewer bill
$ 750.00
$ 750.00
SUBTOTAL ANTICIPATED REVENUE FROM ASSESSMENTS PER LOT =
$ 2,461.58
TOTAL ANTICIPATED REVENUE FROM ASSESSMENTS FROM ALL LOTS
Is 49,231.63
3. TAX REVENUE
Estimated market value of property.,
$ 23,545,369.00
NO, OF UNITS
VALUE PER PROPERTY
TOTAL
Total assessed value:
20
$ 1,177,268.45
$ 23,545,369.00
TOTAL ASSESSMENT
2013 REAL ESTATE TAX
TAXABLE VALUE
Total taxable value:
$ 23,545,369.00
0.0266
$ 626,306.82
2013 MILLS LEVIED
TOTAL
Tax revenue for all functions based on 693.4 mill levy):
0.6394
$ 400,460.58
TOTAL CITY TAX REVENUE (based on 185.1 mill levy) _ I 1 1 $115,929.39
4. IM
PACT FEES
UNIT
QUANTITY
COST PER UNIT
Total Sewer Impact Fee:
ERU
39
$ 5,757.00
$224,523.00
Total Water Impact Fee:
ERU
39
$ 2,567.00
$100,113.00
Total Storm Impact Fee:
ERU
240
$ 1,121.00
$269,040.00
Total Police Impact Fee:
Comm. Sq. Footage
100
$ 13.00
$1,300.00
Total Fire Impact Fee:
Comm. Sq. Footage
100
$ 240.00
$24,000.00
Total Project Impact Fee =
$618,976.00
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY ITEMS 2 AND 3 $165,161.02
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY ITEM 4 $618,976.00
7. NET REVENUE TO THE CITY PER YEAR ITEM 5 - ITEM 1 $96,911.41
PLANNING FOR THE FUTURE
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kalispell.com/planning
PETITION FOR ANNEXATION AND INITIAL ZONING
NAME OF APPLICANT: Flathead County Economic Development Authority
MAIL ADDRESS: 314 Main Street
CITY/STATE/ZI': Kalispell, MT 59901 PHONE: (4 0 6) 2 5 7- 7 711
INTEREST IN PROPERTY: Industrial Rail Park
Other Parties of Interest to be Notified:
PARTIES OF INTEREST: � �� Rp h w e j e f
MAIL ADDRESS: ' �S' � S �,� ��r Z?o
CITY/STATE/ZIP: f r"S�t,Z !� S$ 5 OD I PHONE: 0 Ce. 9-10 - / / 93
INTEREST IN PROPERTY: ' 4C-n ,,,,, ee.. rs
PLEASE COMPLETE THE FOLLOWING:
Address of the property: Evergreen
Legal Description: Tract #' s 4, 5BA+5B, 3 01CA, 3101B & 3 0S
(Lot and Block of Subdivision; Tract #)
NW1/4 & NW1/4NE1/4 Sec. 8, T.28N., R.21W., P.P.M., Flathead County
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 40.032 acres
Current estimated market value $ 8 9 0, 0 0 0 . 0 0 at 50% build out $16 , 2 21 , 4 3 4 . 5 0
at 100% build out $ 2 3, 5 4 5, 3 6 9. 0 0
Is there a Rural Fire Department RSID or Bond on this property Yes
If yes remaining balance is $
The present zoning of the above property is: County - Industrial
The proposed zoning of the above property is:
I-2
No Y
State the changed or changing conditions that make the proposed amendment necessary:
Subject property will be developed into a Rail Industrial Park,
utilizing city services.
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
property or routine inspection during the annexation process.
Applicant) —(Date)
v Leaec,- 1 <w
1
APPLICATION PROCESS
APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS
1. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must precede filing of this
application. Among topics to be discussed are: the application procedure, compatibility and
compliance with the Growth Policy, and compatibility of the proposed zoning with surrounding zoning
classifications.
2. Completed application form.
3. Completed Petition to Annex and Notice of Withdrawal from Rural Fire District form, including an
Exhibit A, legal description of the property.
4. A list of all property owners within 150 feet of the subject property (excluding public streets and right of
ways) with mailing addresses. See example below & attached notice from County Plat Room.
Assessor# Sec-Twn-Rn Lot/Tract No Property Owner & Mailing Address
5. Annexation and Initial Zoning Fee made payable to the Kalispell Planning Department.
6. Fee Schedule:
Annexation (includes initial zoning)
$250 plus $20/acre
7. A bona fide legal description of the property from a recent survey, title report or deed which accurately
describes the property to be annexed.
2
Return to:
Theresa White
Kalispell City Clerk
P.O; Bbxtl997F R
Kalispell, MT 59903
i{ n
ANNEX
: AN
NOTICE OF WITIFIbRAWAL Fl OM RURAL FIRE DISTRICT
The;. undersigned, hereinafter-ieferred 'to: as Petiti her(s) respectfully petition the City Council of
the :pity :of,.Kalispell..forproperty described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same mamier as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the Evergreen Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
k;
Petitioner/Owner Date
Petitioner/Owner Date
NOTE: You must attach an Exhibit A that provides a bona fide legal description of
the property to be annexed.
MICHELLE M. ANDERSON
STATE OF MONTANA )
-�„ NOTARYPUBLIC
f Montanan
SEAL T Residing at Kalispell, Montana
ss
G ) My Commission Expires
County of Flathead County
October 26, 2015
On this day of -.. „� i"
, before me, the undersigned, a Notary Public for
the State of Montana, personally appearedTo-. iic known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set
ly hand and affixed my Notary Seal the day and
year in this certificate first above written.]
Notary Public, State of Montana
Printed Name 94 1
Residing at
My Commission expires:`' is
STATE OF MONTANA )
ss
County of Flathead County
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
EXHIBIT A
CITY OF KALI SPELL ANNEXATION EXHIBIT
LANDOWNER: FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY
A PORTION OF WHITEFISH STAGE ROAD
A PORTION OF EAST OREGON STREET
A tract of land located in N1/2 of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana, more particularly described as follows: BEGINNING at the southwesterly corner of
Parcel C of Certificate of Survey No.14785, Thence S 75`37'02" W, 63.34 feet to the westerly
right-of-way of Whitefish Stage Road; Thence along said right-of-way the following five (5) courses:
(1) N04`18'67"E, 379.73 feet; (2) S 89°22'09" W, 34.27 feet; (3) N 17`55'03" W, 369.62 feet; (4)
along a curve to the left with a radius of 1670 feet, an arc length of 241.24 feet and a delta angle of
8°16'36"; (5) N 26`11'39"W, 105.11 feet; Thence N 63`51'47" E, 60.00 feet to the easterly
right -of way of said Whitefish Stage Road; Thence along said right -of way the following two (2)
courses: (1) N 63°44'01" E, 49.71 feet; (2) N 22`31'52" W, 303.77 feet; Thence along the northerly
boundary of Tract 2 of Certificate of Survey No. 19246 the following nine (9) courses; (1) S 59`23'18"
E, 304.94 feet; (2) N 63°43'36" E, 367.60 feet; (3) S 48`0474" E, 533.99 feet; (4) S 52`5V24" E,
151.14 feet; (5) S 62°30'24" E, 157.08 feet; (6) S 74`20'24" E, 118.80 feet; (7) S 89`44'24" E, 188.76
feet; (8) N 67`23-36-1 E, 323.40 feet; (9) N 75`5336" E,144.93 feet to the westerly boundary of Tract
5 of Certificate of Survey No. 18380; Thence along said westerly boundary N 00`10'22" E, 56.37 feet;
Thence N 89`33146" E, 739.18 feet along the northerly boundary of said Tract 5 to the westerly
boundary of Burlington Northern Railroad Right -of -Way; Thence along said right-of-way the following
three (3) courses; (1) S 18`2513411 W, 188.79 feet; (2) along a curve to the left with a radius of
1372.48 feet, an arc length of 46.99 feet and a delta angle of 1 `5742" (3) along a curve to the left
with a radius of 1382.69 feet, an arc length of 243.39 feet and a delta angle of 10`05'08"; Thence
continuing along said right-of-way which is also the easterly right-of-way of East Oregon Street S
30`27'32" W, 1070.40 feet to the northerly boundary of Tract 1 of Certificate of Survey No. 14094
which is also the southerly boundary of East Oregon Street; Thence along said boundary between
said Tract 1 and East Oregon Street the following eight (8) courses: (1) N 3612T55" W, 75.40 feet,
(2) N 67`48-53" W, 96.01 feet; (3) N 77`03'55" W, 75.00 feet; (4) S 88`26'05" W, 125.00 feet; (5) N
65"38'55" W, 182.00 feet; (6) N 86`03'55" W, 35.00 feet; (7) S 79`41'05" W, 42.00 feet; (8) S
54`56'05" W, 83.19 feet; Thence N 13`49'00" W, 98.67 feet to the northerly boundary of East Oregon
Street; Thence along said boundary the following four (4) courses: (1) N 51 `20' E, 72.73 feet; (2) N
13`49'00" W, 34.85 feet to the southerly boundary of Parcel B of Certificate of Survey No. 19528; (3)
Along said southerly boundary N 51`18'29" E, 101.13 feet, (4) Along said southerly boundary S
62`47'38" E, 99.39 feet to the westerly boundary of Tract 4 of Certificate of Survey No. 18380;
Thence along said boundary N 00`5243" E, 370.95 feet to the southerly boundary of Tract 2 of
Certificate of Survey No. 19246; Thence along said southerly boundary the following three (3)
courses: (1) N 89°40'46" W, 834.59 feet; (2) S 11 `58'02" E, 9.26 feet; (3) S 89`58'54" W, 369.04 feet
to the easterly right-of-way of Whitefish Stage Road; Thence along said right-of-way S 04`18'59" W,
364.08 feet to the POIidT OF BEGINNING, excepting therefrom Tract 1 of Certificate of Survey No.
6547, which is not part of this annexation. The area to be annexed includes 48.89 acres more or less.
VICINITYMAP
NOT TO SCALE
r
1F .
AREA TO BE ANNEXED
INTO CITY OF
KALISPELL t
u,
I
- { ...CITY OF,tSALtISPE' i } �}^•4
LEGEND
® POINT OF BEGINNING Basis of Bearings: Tract 2 of Certificate of
Survey 19246
Mw 14. 2014 - KJ 2014
"7�ea116 envivianmen% 6ea�f6veopl "
}��Montana Department of
III , i RO ENTALQUAUTY
Steve Bullock, Governor
�'ui �y� Tracy Stone -Manning, Director
April 2, 2014
P. O. Box 200901 • Helena, MT 59620-0901 • (406) 444-2544 • Website: www.deq.mt.gov
n71-r [7f,V,FEE
Kevin LeClair, Senior Planner 0 i,, 2014
Planning Department
City of Kalispell �. 'U' a i►G`: [��P%f -I'MMT
201 1" Avenue East
Kalispell, MT 59901
Subject: Comments on the FCEDA Rail Industrial Park in Evergreen
Dear Mr. LeClair:
The Montana Department of Environmental Quality (DEQ) reviewed FCEDA's preliminary
subdivision plat, major subdivision preliminary plat application, and petition for annexation and
initial zoning application. The Montana Department of Natural Resources and Conservation
forwarded these documents to DEQ after receiving your request for comment letters dated March
13 and 20, 2014. DEQ has interest in this proposed industrial subdivision due to it being
adjacent to and partially within the KRY Site, which is an area of historical hazardous substance
releases being cleaned up under the authority of the Comprehensive Environmental Cleanup and
Responsibility Act.(CECRA).
The northeast corner of FCEDA's proposed rail park subdivision is within the KRY Site
boundary. While DEQ supports the redevelopment of this property for use as a rail industrial
park, and does not have comments on the annexation, the preliminary plat causes DEQ some
concern. The following, but not limited to, proposed subdivision features appear to be within the
KRY Site boundaries: stormwater easement of 0.37 acres (detention basin for Rail Loop and Rail
Access Roads), water main, sewer main, and sewer force main. Although surface and subsurface
soils in this area meet industrial based -site -specific cleanup-ievel& (SSCLs), groundwater impacts
above SSCLs still exist in that area. In addition, the northeast corner of FCEDA's proposed rail.
park subdivision lies within the preferential pathway of contaminated groundwater downgradient
from the KRY Site. DEQ has told FCEDA numerous times, including via letters dated July 10,
2012, and March 20, 2014, that chemical oxidant injections will likely take place in that portion
of the FCEDA property due to the presence of groundwater contamination. Siting a detention
basin in this area may be problematic, and it may be appropriate to consider relocation of the
stormwater detention basin outside of the identified area of groundwater contamination.
Approximately fifteen groundwater monitoring wells associated with the KRY Site exist within
FCEDA's proposed subdivision. It is important that the integrity of these wells be maintained as
much as possible as historic trends in the wells are critical to tracking the success of remediation
at the KRY Site. To the extent that wells are moved or relocated to accommodate development
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
Kevin LeClair, Senior Planner
April 2, 2014
Page 2 of 2
of the FCEDA property, it may limit the use of data already collected. In addition, were wells to
be relocated, the cost associated with doing so would also not be a KRY Site -related cost for
which BNSF Railway Company can ask other KRY Site liable parties to pay.
Thank you for considering DEQ's comments on FCEDA's preliminary plat. Please let me know
if you have any questions. I can be reached at 406-444-6802 or via email at terry@mt.gov.
Sincerely,
Travis J. Erny
Environmental Science Specialist
cc: CynthiaBrooks, DEQ Legal
Moriah Bucy, DEQ State Superfund Section Manager
Anne Moran, DNRC
DEPARTMENT OF NATURAL
RESOURCES AND CONSERVATION
NORTHWESTERN LAND OFFICE
STEVE BULLOCK,. GOVERNOR
STATE OF MONTANA
KALISPELL UNIT POLSON FIELD OFFICE
655 Timberwolf Parkway, Suite 2, Kalispell, MT 59901 PO Box 640, Poison, MT 59860
Phone: (406) 751-2241, Fax: (406) 751-2286 Phone: (406) 883-3960, Fax: (406) 883-1874
April 3, 2014
Mr. Kevin LeClair, Senior Planner
Planning Department
City of Kalispell
201 1 sc Avenue East
Kalispell, MT 59901
Dear Mr. LeClair:
RE: Request for Comment Regarding Subdivision Proposal for Flathead County Economic
Development Authority (FCEDA) Property in Section 8, T28N R21W, P.M., M., Flathead
County, Montana
The DNRC recognizes the value of the proposed rail park project as a component of the long-
term development of Kalispell's core community planning effort. We appreciate the opportunity
to comment on this proposal for subdivision of acreage lying immediately south of the State
owned property in Section 8, T28N R21 W property which is managed by the Kalispell Unit of
the DNRC on behalf of the State of Montana.
This site's Superfund status and the related legal actions pertaining to the State property
contiguous to this proposed subdivision require the DNRC to maintain a very close partnership
with our sister agency, the Montana Department of Environmental Quality (MDEQ), for
management of this parcel. While DNRC has no specific observations to offer at this time on
actions proposed to occur within FCEDA's property ownership, we would support whatever
comments MDEQ may offer as pertains to our parcel's proximity to the proposed subdivision.
DNRC does wish to point out that if it is anticipated there may be future involvement of the
state-owned parcel in the proposed rail park development, DNRC would need to receive, and
evaluate, a formal land -use proposal prior to making any commitments for our parcel. DNRC's
evaluation process will include consideration of court -related stipulations for how DNRC and
MDEQ are to collaborate on certain long-term responsibilities pertaining to DNRC's
management of this property. It may also be useful to note that there is currently a natural gas
main running just inside the state parcel's eastern boundary line.
"AN EQUAL OPPORTUNITY EMPLOYER"
Page 2
Frye/LeClair
April 3, 2014
Again, thank you for this opportunity to comment.
Sincerely,
Stephen J. Fry
Area Manager
Montana DNRC
cc: Anne Shaw Moran, DNRC
David Poukish, DNRC
Travis Erny, MDEQ
Moriah Bucy, MDEQ
James Freyholtz, MDT
m
C.
CERTIFICATION
APPLICANT: FCEDA Rail Industrial Park Annexation/Initial Zoning
FILE NO: KA-14-02
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoining the
property lines of the property where annexation and initial zoning has been
requested.
Date:
S-T-R: 8-28-21
Tract/Lot: Tracts 4, 5BA & 5B, 30ICA, 30IB & 30S
Property Owners/Owner Representative:
Flathead County Economic Development Authority
314 South Main Street
Kalispell, MT 59901
Mark Rohweder
1845 Hwy 93 South, Ste 320
Kalispell, MT 59901
AND ATTACHED LIST
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisnell.com/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed
project noted below and will be most directly affected by its development. You have an opportunity
to present your comments and concerns to the Kalispell Planning Department. You may come into
the office in person at the above address or you may contact the office at (406) 758-7940 for
additional information. Written comments may be submitted to the Kalispell Planning Department
prior to the submission date, or emailed to us at planning@j�alispell.com.
A regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, April 8, 2014, beginning at 7:00 PM in the Kalispell City Council Chambers,
Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public
hearing and take public comments on the following agenda items. The Board will make
recommendations to the Kalispell City Council who will take final action.
A request from "A Ray of Hope," a not -for -profit organization, for a Conditional Use Permit
in order to construct a homeless shelter to accommodate up to approximately 15 women and
children at any time. The occupants would generally reside at the property between two
weeks and a year. The shelter would have two to three staff persons, with at least one person
on duty at all times. The property's address is 106 5th Ave W, which is located at the
southwest corner of 5th Ave W and lst Street W. The existing single-family residence on the
property is planned to be demolished to make way for the new structure. The lot can be
described as Lot 1 of Block 160 of Kalispell Townsite Addition #1, located in Section 18,
Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana.
2. A request from Flathead County Economic Development Authority (FCEDA) for annexation
and initial zoning of 40.032 acres, from county (industrial) to city I-2 (Industrial). The
applicant intends to develop the site as a rail industrial park and utilize city services. The
properties are located east of Whitefish Stage Road and west of East Oregon Street, northeast
of the city limits of Kalispell. The site was previously owned by Knife River and operated as
gravel pit. The properties proposed for annexation and initial zoning can be described as
Tracts 4, 5BA, 5B, 301CA, 301B, and 30S, located in the north %2 of Section 8, Township 28
North, Range 21 West, P.M.,M., Flathead County, Montana.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours. In addition, information on the agenda items is posted on our
website at www.kalispell.comlplanning under "Planning Board Agenda & Staff Reports".
Interested persons are encouraged to attend the hearing and make their views and concerns
known to the Board.
No.21620 Interested persons are
:encouraged to attend the
NOTICE OF PUBLIC HEARING hearing and make their views
,and concerns known to the
KALISPELL CITY PLANNING
BOARD AND ZONING 'Board. Written comments may
COMMISSION be submitted to the Kalispell
April 8, 2014 Planning Department at the
above address, prior to the date
The regular, .meeting of the of the hearing, or you may call
Kalispell City Planning Board us at (406) 758-7940, or e-mail
and Zoning Commission is us at planning@kalispell.com for
scheduled for Tuesday, -April B, additional information.
2014, beginning at 7;00 'PM In
:the Kalispell City Council
Chambers, Kalispell City Hall,
201 First Avenue East, Kalispell.
The planning board will hold a
public hearing and take public
comments on the following
agenda items. The Board will
make recommendations to the
Kalispell City Council who will
stake final action.
I.A request: from 'A !Ray of
Hope,"a not -for -profit
organization, for a Conditional
Use Permit in order to construct
a homeless shelter to
accommodate up to
.approximately 15 women and
children at any time. The
occupants' would generally
reside at the property between
two weeks and a year. The
shelter would have two to three
staff persons, with at least one
person on duty at all times. The
property's address is 106 5th
Avenue West, which is located
at the southwest corner of 5th
Avenue West and 1st Street
West. The existing single-family
residence on the property is
planned to be demolished to
make way for the new structure.
The lot can be described as Lot
1 of Block 160 of Kalispell
Townsite Addition 111, located in
Section 18, Township 28 North,
Range 21 West, P.M.,M.,
Flathead County, Montana.
2.A request from Flathead
County Economic Development
Authority (FCEDA) for
annexation and initial zoning of
40.032 acres, from county
(industrial)', to city 1-2 (Industrial).
The applicant intends to develop
the site as a rail industrial park
and utilize city services. The
oroperties are located east of
Whitefish Stage Road and west
3f East Oregon Street, northeast
A the city limits of Kalispell. The
3Ite was previously owned by
4nife River and operated as a
4ravel pit. The properties
xoposed for annexation and
nitial zoning can be described
is Tracts 4, 5BA, 58, 301CA,
30113, and 30S, located in the
forth 112 of Section 8, Township
?8 North, Range 21 West,
' M.,M., Flathead County,
Oontana.
documents pertaining to the
igenda Items are on file for
)ublic.inspection at the Kalispell
Nanning Department, 201 First
tenue East, Kalispell, MT
i9901, and are available for
iublic review during regular
iffice hours. In addition,
iformation on the agenda items
posted on our website at
iww. kalispell.com/planning
rider "Planning Board Agenda
Staff Reports".
STATE OF MONTANA
FLATHEAD COUNTY
/srrhomas R. Jentz
Thomas R. Jentz
Planning &Building Director IDAVIT OF PUBLICATION
Mar. 23, 2014
MNAXLP to ALKIRE BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO.21620
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES OF March 23, 2014
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
------- -- -----------
Subscribed and sworn to
Before me this March 24, 2014
IWY
Dohy I. Glen ss
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2017
M� 1.0
PORATW I. GLENGROSS
140TARY pUBLIG for the
ASAP
$ x c
$late of Montana
" SEAL
Roolding at KaAepstl, Montana
cs+f a
My Commission !<xpirea
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Saptembor11,2017
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VICINITY MAP SCALE 1" =150'
FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY
REQUEST FOR ANNEXATION & INITIAL ZONING FROM COUNTY (INDUSTRIAL) TO CITY 1-2
(INDUSTRIAL) ZONING. THE PROPERTY IS THE SITE OF THE PROPOSED RAIL INDUSTRIAL
PARK AND IS LOCATED BETWEEN WHITEFISH STAGE ROAD & OREGON LANE JUST
NORTH OF THE CURRENT CITY LIMITS
r� PLOT DATE 3111/14
FILE# KA- 14-02 HAgisisite\ka14_02 - FCEDA Rail Park.dwg