4. Ordinance 1737 - Zoning Designation Request - FCEDA - 2nd ReadingPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin2
REPORT TO: Doug Russell, City Manager
FROM: Kevin LeClair, Senior Planner
SUBJECT: Ordinance 1737 — Second Reading — Initial Annexation Zoning of I-2 for the
FCEDA Rail -served Industrial Park Properties
MEETING DATE: May 5, 2014
BACKGROUND: This is the second reading of an ordinance to amend the Kalispell Zoning Map
and establish an annexation zoning classification of I-2 (Heavy Industrial) for the FCEDA Rail Park
properties located east of Whitefish Stage Road, north of East Oregon Street, and west of East
Oregon Lane. The properties can be described as Tracts 4, 513A, 513, 30ICA, 30IB, and 30S in the
north % of Section 8, Township 28 North, Range 21 West P.M.M., Flathead County, Montana.
The City Council, at their meeting on April 21, 2014, unanimously approved both the resolution to
annex the properties into the City and the first reading of the ordinance to establish an initial zoning
of I-2 (Heavy Industrial).
RECOMMENDATION: It is recommended that the Council approve the second reading of
Ordinance 1737 to change the zoning of the FCEDA Rail Park properties from County I-2 (Heavy
Industrial) to City I-2 (Heavy Industrial).
FISCAL EFFECTS: Approval of the request will have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
X- _e_ -eLl-
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
ORDINANCE NO. 1737
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1677), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY 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, (CURRENTLY ZONED COUNTY I-2 (HEAVY INDUSTRIAL) TO
CITY I-2 (HEAVY INDUSTRIAL)) IN ACCORDANCE WITH THE KALISPELL
GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, 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 I-2, Heavy Industrial, on approximately 40 acres of
land; and
WHEREAS, the property is located on the east side of Whitefish Stage Road, north of East Oregon
Street; and
WHEREAS, the FCEDA petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-14-02, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be
zoned I-2, Heavy Industrial, pursuant to Kalispell City Code 27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 8,
2014, and recommended that the zoning be City I-2, Heavy Industrial, 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 I-2, Heavy Industrial, the City Council finds such zoning to be consistent
with the Kalispell Growth Policy 2020 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 findings of fact of KPD as set forth in Staff Report No. KA-14-02.
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 as I-2, Heavy Industrial, on approximately 40
acres of land.
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 STH DAY OF MAY, 2014.
Mark Johnson
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT
CITY OF KALISPELL ANNEXATION EXHIBIT
UND Uhl? NER:FLATHEAD COON TY ECONOMIC -L1EVEL0PWFJfVTAUTtqe'R,1TY
A FORTMW OF YVW0 (W-1 8 1AGE ROAD
A PORTiON OF EASY OPE650M ST.'?E-IT
A tract of land loca.ed In N12o7Sedlon8, Ta-jirshi,)?PNorth, R',iligo21 VVest, P.M.M., F[3-.heed
Couity,Vontana iroroparticuat',Idcsaibeda.-;f,,]IcAvR, 'IFGINNINGatNiesout-&vesterlycor,,ir�-,of
Parcel C Df Cert=13:0 Of Survey No. 14785,7henoa 13 76'?- M2*'"V 63.34 `aet to thew-asterly
right-o--tiay of Vj,)ltefs;rt Stage Pond: Tl-enn�. P.Irg said r9l-.t-o-�viay the foumving Five (5) r,,;urst:s,
(1) NX-18-57"E. 370.73 'per; 12, S 34,21feet (U) N 1?,5602" VV 269.62 feet; i4)
along a ojr,,e to tne'elwitn P. riditu, of '6,,0 loot, an wc.'englh of 241.24 feet and a delta angle of
lhonoq N 63"51'47" E 60.00 feel to the -'astorly
rich--of-way of said Vvbitelsh Stage Road: Thence along ss d right -of way the following WeD (2.
..i.impts, .1) N 133*41'01" L. 49.71 toot (2) N 22'31'62" A� 303.77 feet: Thence abng the northerly
boundary of I net 2 of Certificate of Survey No. 19245 the falwAng nine (9) =xses f1) 5 59"23'18*
I-, 3Nr94 toot; (2) N 53"43-243" = ' 3(37.0 feet; (3) S 48'04'241' F, 533.093 root; (4) S 52"59'24" E:
151.14 ft:X,' S fret;,5,' -12"30'24' F, 1�.7.C8 feet (6) S 74'20'24' E, i 16.8t) feet (7) S ODW'24" E, 181316
foot: (8) N 57"2316" E, 323-40 feet;,'g) N 75'5336* E, 'f4,93 fee, to thow=atly boundary of Tract
5 Of Getlilicij'p al'Surrey No. 18380; Thence along said westerly boundary N C31'10'22" E, 5E.37 feet;
'thence N 0e'334V F-, 739.18 feet a!,or.g the northerly boundary of said 1-rack 5 to the iveaterly
boundary & Bud"nilt-on Nottern Railroad Right -of -Way; Ronca along said ignt-of-way the following
three ,31 courses; ;1) $ 18'25'34' V.1, 188.79 foot; 1,2) along a curve to the left with a -acius of
1372-46 feet, an am length of 46 99 foot and a dolla angle of 1"57'42' ep prong a curve to te left
with a acius of 1382.69 fact, an am length a! 243.30 Not and a delta angle of 10'0$'MP- Thence
continuing along said rgM-.-!-vray which Is a:5o the aasbarly right-3--vmy of East Oregon street.S
30'27'32" IN, 1070.40 fast I- the nor.herly t-runda -y of Tract 1 Of Certificate o� S.Irveq No. 14094
which is also the soutnely boundary cf East Cregon Slot a:;
said Tract 1 and East Oregon Street the --c3mvino eigh: fo)oawses: (1) N 36'23'55' W, 75.10 foot;
(2) N67'18'53' W, 146,01 -Eet; 13) N ?77f)TW'%A.r, 75.0 feet. (4) 8 88'23'05" W, 125,03 foot; (5) N
65'38'55"',V, 182 C-3 feet; (61 N 35 00 feet: U) 8 79'41'05"),V, 42.OG Ir,3t;(B) S
83419 feet; Thence N 13'49'00"W. 36.61 foci to t10 no,,thcrly boundary of EastOregan
Street; Thence along said boundary tare rellowmil four (4) courses: (1) N 51120'E, 72.73 feet; (2) N
Along said southerly bounder}' 4 51-423" r, 161.13 foot: (MA ong ssid southerly boundwy,3
62'47'38" E. 99.39foot tD tho wc*totly houndaq of Tract 4 oCert"foateof Survey No, 18380;
Thence along said boindai y R 00 52'43:' E. 277 0.06 feat to the Eouiharlyhoundary of Tract 2 of
Certificate o'8-u%-qy No. 10246; Thance along said souther`t lozurielarl the following tree (3)
courses! 111) N 84"41l'467' IM, 834.69 feet; (2) S '1'58'02" E, 9 2.6 feet: (3) 8 W58'54." 'IV. 303.04 fact
to to easterly flchi-3-piav ol"PJbit-3fish Stage Road; -Inence, along .3& fight -of -gray 3 04" nw-, w,
264.02 fee: to the, POINT CF RFSPNINING, excepting therefrom Tract 1 of Certificate of Survey No
3547, wNTon is not part oftis ainexator. Tl,.-. area to be annexed includes 48.3r, acres rwre or less.
VICIIVITYMAP
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LEGEND
Basis of Swd-krfs: Tro!u 2 ol CaMwwfe of
0 JOINT OF BEGINNING SL-r,,,,y 19,146