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2. Resolution 5673 - Preliminary Plat - Industrial Rail ParkPLANNING FOR THE FUTURE REPORT TO: SUBJECT: Qfl�� 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/plannina KPP-14-01 — FCEDA Rail -served Industrial Park Preliminary Plat Request MEETING DATE: May 5, 2014 BACKGROUND: The Kalispell City Planning Board met on April 22, 2014, and held a public hearing to consider a preliminary plat request from the Flathead County Economic Development Authority (FCEDA) to create twenty (20) rail -served industrial lots, a storm drainage tract and a segment of Kalispell public right-of-way on 40.69 acres. 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 %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 businesses currently located within 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 preliminary plat request with twenty-two (22) conditions of approval. Two residents from the residential neighborhood south of the project site testified and each expressed both support and concerns for the proposed subdivision. Three FCEDA representatives spoke on behalf and in support of the project. After some deliberation, the Planning Board voted unanimously to amend the conditions of approval with another condition requiring that proposed Lot 19 be renamed "Tract." Following additional discussion, the Planning Board voted unanimously, on a vote of 4-0, to forward a positive recommendation for the approval of the preliminary plat, with the amended conditions of approval. On April 25, 2014, the Planning Office received the attached letter from FCEDA Board President, Turner Askew, requesting a reconsideration and modification of condition of approval #5. The applicant is requesting that the existing sentence, "A sidewalk shall be provided on at least one side," be modified to read as follows: "Before any private internal roads are transferred to City ownership, a sidewalk shall be wed constructed on at least one side of the road." RECOMMENDATION: A motion to approve the FCEDA Rail -served Industrial Park Preliminary Plat with the conditions of approval, as amended by the Kalispell Planning Board. FISCAL EFFECTS: Approval of the request is expected to have positive fiscal impact to the City. ALTERNATIVES: Deny the request. Respectfully submitted, Kevin LeClair Senior Planner Report compiled: April 15, 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 April 24, 2014 City Council �) City Hall APR 25 2014 201 First Avenue East Kalispell, MT 59901 DEPAR RE: Modification to Conditions of Approval (#KPP-14-01) Dear Members of the City Council: The Flathead County Economic Development Authority (FCEDA) respectfully requests a change to one Condition of Approval contained in the Staff Report #KPP-14-01. Within condition #5, there is a requirement that a sidewalk shall be provided on at least one side of the proposed internal private roads. FCEDA proposes a language change to condition #5 as follows: 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. In order to serve its intended purpose, 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. Before any private internal roads are transferred to City ownership, a sidewalk shall be constructed on at least one side of the road. 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. (Kalispell Subdivision Regulations, Section 28.3.14) The intent is to retain all internal roads within the Rail Park under private ownership. The Rail Park will experience heavy truck and train traffic as such the owner and businesses in the Rail Park do not want to encourage public access through the presence of sidewalks for the safety of the public and employees. In addition, truck traffic would be more efficient and less restrictive without sidewalks. Internal pedestrian traffic would still be provide with extended shoulders allowing safe travel between lots. Thank you for your careful consideration of this suggested change in condition #5. We look forward to discussing this change with you. Sincerely, Turner Askew FCEDA Board President 314 Main Street Kalispell, MT 59901 406-257-7711 AMENDED CONDITIONS OF APPROVAL Amended by Kalispell City Planning Board at their April 22, 2014 Public Hearing General Conditions: 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. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 3. 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. (Findings of Fact, Section A) 4. 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. (Findings of Fact, Section A) 5. 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. In 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. A sidewalk shall be provided on at least one side. 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. (Kalispell Subdivision Regulations, Section 28.3.14) 6. A design that mitigates the risk of development on or near the slopes located along the south property boundary shall be submitted for review and approval prior the commencement of clearing and grading operations on the site. The ongoing remediation of the gravel extraction and concrete batch plat operations shall assure that adequate building sites are created and that slope stability is maintained on sites with slopes of 25% or greater. (Kalispell Subdivision Regulations, Section 28.3.03 and 28.3.11 F.2) 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. (Kalispell Subdivision Regulations, Section 28.30.04) 8. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement (Flathead Drive, 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. (Finding of Fact, Section D) 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. (KLJ Engineering, July 2013) 10. The intersection of Montclair 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. (KLJ Engineering, July 2013) 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. (Findings of Fact, Section D) 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. (Kalispell Design and Construction Standards) 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. (Kalispell Design and Construction Standards) 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. (Kalispell Design and Construction Standards) 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. (Findings of Fact, Section D) 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. (Kalispell Design and Construction Standards) 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. Crossings are allowable, provided adequate vertical separation. (Kalispell Subdivision Regulations, Section 3.18) 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 (Kalispell Subdivision Regulations, Section 28.3.21(H)) 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. (Kalispell Subdivision Regulation, Section 28.3 (Design Standards)) On -going conditions: 20. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 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. (Findings of Fact, Sections A & C) 23. The proposed Lot 19 (Rail Area) on the approved preliminary plat shall be renamed as a TRACT on the final plat to clarify the intended use of this portion of the subdivision as a future trans -load facility for the rail -served industrial park. RESOLUTION NO.5673 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF FCEDA RAIL PARK, LOCATED WITHIN THE NORTH ONE-HALF 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 22, 2014 on the proposal and reviewed Subdivision Report #KPP-14-01 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 May 5, 2014, reviewed the Kalispell Planning Department Report #KPP-14-01, 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-14-01 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. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 3. 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. (Findings of Fact, Section A) 4. 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. (Findings of Fact, Section A) 5. 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. In 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. A sidewalk shall be provided on at least one side. 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. (Kalispell Subdivision Regulations, Section 28.3.14) 6. A design that mitigates the risk of development on or near the slopes located along the south property boundary shall be submitted for review and approval prior the commencement of clearing and grading operations on the site. The ongoing remediation of the gravel extraction and concrete batch plat operations shall assure that adequate building sites are created and that slope stability is maintained on sites with slopes of 25% or greater. (Kalispell Subdivision Regulations, Section 28.3.03 and 28.3.11 F.2) 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. (Kalispell Subdivision Regulations, Section 28.30.04) 8. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement (Flathead Drive, 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. (Finding of Fact, Section D) 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. (KLJ Engineering, July 2013) 10. The intersection of Montclair 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. (KLJ Engineering, July 2013) 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. (Findings of Fact, Section D) 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. (Kalispell Design and Construction Standards) 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. (Kalispell Design and Construction Standards) 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. (Kalispell Design and Construction Standards) 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. (Findings of Fact, Section D) 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. (Kalispell Design and Construction Standards) 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. Crossings are allowable, provided adequate vertical separation. (Kalispell Subdivision Regulations, Section 3.18) 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 (Kalispell Subdivision Regulations, Section 28.3.21(H)) 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. (Kalispell Subdivision Regulation, Section 28.3 (Design Standards)) On -going conditions: 20. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 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. (Findings of Fact, Sections A & C) 23. The proposed Lot 19 (Rail Area) on the approved preliminary plat shall be renamed as a TRACT on the final plat to clarify the intended use of this portion of the subdivision as a future trans -load facility for the rail -served industrial park. 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 5TH DAY OF MAY, 2014. a 'r_ Theresa White City Clerk Mark Johnson Mayor REQUEST FOR SUBDIVISION APPROVAL STAFF REPORT # KPP-14-01 KALISPELL PLANNING DEPARTMENT APRIL 15, 2014 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a preliminary plat to create twenty (20) rail -served industrial lots, a storm drainage tract and a segment of Kalispell public right-of-way on 40.69 acres. A public hearing has been scheduled before the planning board for April 22, 2014, beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: The proposed twenty (20) lot subdivision is being proposed by the Flathead County Economic Development Authority (FCEDA) in order 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 industrial land for other rail -dependent 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 District. This site, which existed for over 70 years as a gravel extraction and concrete batch plant was acquired by FCEDA from Knife River in 2011 through a specially designated United States Economic Development Authority grant for rail park development. At that time, an initial environmental assessment was conducted, as well as both phase 1 and phase 2 site -specific environmental site assessments. Those assessments exposed several minor clean up issues associated with the concrete batch plant. Those areas were remedaated and the site was given a clean bill of health. FCEDA then proceeded to clear the site of vacant buildings and conducted interim re -grading of the site as part of the gravel extraction remediation plan. At the writing of this report, the proposed subdivision site is located outside of the City limits of Kalispell and is zoned County I-2 (Heavy Industrial). At their April 8, 2014 meeting, the Kalispell City Planning Board forwarded a unanimous recommendation to the Kalispell City Council that the subject property be annexed into the City of Kalispell and the annexation zoning designation be City I-2 (Heavy Industrial). The Kalispell City Council is scheduled to consider the requested annexation and initial zoning at their meeting on April 21, 2014. b Z,5 - V V i I 1 �ji LU f T �77 J- Figure 1: Preliminary Plat Map (KLJ Engineering) N A. Applicant and Owner: Flathead County Economic Development Authority (FCEDA) 314 Main Street Kalispell, MT 59901 Technical Assistance: KLJ Engineering 1845 Hwy 93 South, Suite 320 Kalispell, MT 59901 B. Location and Legal Description of Property: The proposed subdivision is located east of Whitefish Stage Road, north of East Oregon Street, and west of East Oregon Lane. The site can be legally described as Tracts 4, 5BA, 5B, 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: The property is currently being used as a base of operations for a trucking company. This use occupies approximately 3 acres of the total site. As stated above, the property is currently zoned County I-2 (Heavy Industrial), at the time of the writing of this report. The Kalispell City Council is scheduled to consider the annexation of this property and zoning of City I-2 (Heavy Industrial) at their meeting on April 21, 2014. D. Adjacent Land Uses and Zoning: North: Klingler Lumber post and pole production and Glacier Stone landscape stone supply, Zoned County I-2 (heavy industrial) East: A commercial truck repair shop and East Oregon Lane and BNSF rights -of -way, Zoned County I-2 (heavy industrial) West: Whitefish Stage Road and vacant riparian area adjacent to a side channel of the Stillwater River, Zoned County R-1 (suburban residential) South: Four residential properties and Greenwood Village RV Park and Assisted Living Facility, Zoned County R-4 (two-family residential) and R-5 (two-family residential), respectively E. General Land Use Character: The general land use character of this area is industrial. There is a commercial trucking business operating on the property and a commercial truck repair business adjacent to the southeast side of the property. There are residential uses to the south of the subject property, with four single-family residences located adjacent to the property, at the top of a slope, and a mobile home park south of East Oregon Street. 3 $% v � � V-L �� S 3^ Cointy Goun SES TAM _ ; County `" RD & &RIDGE Cas!a3s�at l4 ! x -, DJ ' C1 Limits max. CiOUR})t _ R�4 Z: z 21 ,4 Y d.__< 32_ gam° � wIN ntou _ inty c us i '1 •,xF; p PsiAOQ _a 9 K � Siba4 .i�^n°d„ � es5 ..— 1 �'.i3� ,' ng�` w dst✓.,... Figure 2: Vicinity Map, City Limits, and Existing Zoning Figure 3: Aerial photo of the subdivision site rd F. 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, pending annexed Water: City water, pending annexed Refuse: Evergreen Disposal or City of Kalispell Electricity: Flathead Electric Cooperative Telephone: CenturyLink Schools: School District #5, Kalispell Fire: Evergreen Fire District (currently), Kalispell Fire Department pending annexation Police: Flathead County Sheriff Department (currently), Kalispell Police Department pending annexation REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire because the subdivision and rail -served industrial uses within the subdivision will be constructed in accordance with the International Fire Code and have access which meets city standards. The closest City of Kalispell fire station is located in downtown Kalispell at I St Ave E and 4th Street W. The distance is approximately 1.3 miles. Flooding: According to Flood Insurance Rate Map, panel 30029C 1810H, dated June 18, 2013, a small portion of the northwest corner of the property that spans the Stillwater River is within the 100-year floodplain. This area is not proposed for development, but will be left in its current configuration. Access: There are three access points onto the property. The main and primary access is from US Highway 2 (Idaho Street) on Montclair Drive at the northeast corner of the property. This access point is planned to be upgraded to State and City standards to accommodate truck traffic in and out of the site. A traffic impact study has been prepared concerning the intersection improvements and installation of a traffic signal at Montclair Drive and US Highway 2. Two secondary access points onto the site are at Whitefish Stage Road, at the northwest corner of the property and at East Oregon Street at the south side of the property. B. Effects on Wildlife and Wildlife Habitat: The subdivision property spans, at its northwest corner, the Stillwater River, which is the most significant fish and wildlife habitat resource associated with the site. The Stillwater River corridor is an important habitat and migration corridor for numerous fish and wildlife species. There are no federally listed fish and wildlife species on or near the proposed subdivision site. The local Montana Fish Wildlife and Parks Fisheries Biologist stated that he "did not expect direct impacts to threatened or 5 endangered species by the conversion of the site from a gravel pit to a rail yard" (June 4, 2013, Email Communication with Mark Deleray). Upgrades to the site are expected to improve the overall stormwater function of the site, which may result in an improvement to the water quality of stormwater runoff on the site. C. Effects on the Natural Environment: Surface and groundwater: The nearest surface water is the Stillwater River, which runs from west to east north of the property. The property spans the river at its northwest corner, adjacent to the Whitefish Stage Road bridge spanning the river. This area is in a largely natural state with woody vegetation along the banks and riparian zone. Groundwater is moderately shallow at the subject property, with depths of approximately 25 feet at the subdivision site. Drainage: The topography of the site naturally sends surface water to the northeast. The applicant has provided space for a conceptual storm drainage system at the northeast corner of the property in a Stormwater Easement tract. A final design will need to be developed and reviewed by the Public Works Department and the Montana Department of Environmental Quality. D. Effects on Local Services: Water and Sewer: Water and sewer service to the subdivision will be provided by the City of Kalispell. The applicant is proposing to extend water service to the property down East Oregon Street and East Oregon Lane. The new line will need to be sized appropriately for anticipated build -out of the property. The final design for the water system will be reviewed and approved by the City of Kalispell Public Works Department. The City of Kalispell has adequate water supply to accommodate the subdivision as proposed. Sewer service is available in East Oregon Street, to the south of the property. The applicant is proposing to construct a sewer force main within the right-of-way of East Oregon Street and East Oregon Lane that will convey sewage to the waste water treatment plant. At the time of application submittal, it does appear there is adequate capacity in the conveyance system and the plant for the anticipated development. A final sewer design prepared by a licensed engineer will be reviewed and approved by the Kalispell Public Works Department prior to final plat approval. Roads: As stated above, there are three access points onto the property. The main and primary access is from US Highway 2 (Idaho Street) on Montclair Drive at the northeast corner of the property. This access point is planned to be upgraded to State and City standards to accommodate truck traffic in and out of the site. A traffic impact study has been prepared concerning the intersection improvements and installation of a traffic signal at Montclair Drive and US Highway 2. Two secondary access points onto the site are at Whitefish Stage Road, at the northwest corner of the property and at East Oregon Street at the south side of the property. 0 East Oregon Street and East Oregon Lane do not currently meet City standards. These roads will need to be upgraded to City standards based on a design that will be reviewed and approved by the Kalispell Public Works Department. The improvement will need to be constructed to handle the size and weight of the commercial trucks that are anticipated to use the rail park. In order to protect the character and integrity of the residential neighborhoods to the south and west of the proposed subdivision, it is not advised that truck traffic from the rail park should use Whitefish Stage Road and East Oregon Street, west of the proposed subdivision. The property owner intends to develop a "rail access loop road" internal to the site for circulation, access, and fire protection to the individual lots within the subdivision. The property owner plans to make the internal access road private. The private roads should be designed to Collector street standards with of adequate dimensions and quality to serve its intended purposes. Curbs and boulevards should be provided on both sides and a sidewalk on at least one side. The northern segment, connecting Flathead Drive and Whitefish Stage Road needs to be dedicated so that it provides access to the existing properties to the north that currently gain access via the gravel access road that traverses the northern edge of the subdivision. At the northwest corner of the property and immediately adjacent to the property the railway lines will need to be crossed by vehicular and pedestrian traffic. These crossings will require improvement to address the additional railway spur lines that are anticipated. Schools: This development is within Kalispell School District #5. The development is industrial in nature and will have no impact on the school system. Parks and Open Space: The Kalispell Subdivision Regulations do not require parkland dedication for non-residential lots. The intention of the subdivision is to create non-residential lots, therefore no parkland dedication is required. Police: This subdivision is currently within the jurisdiction of the Flathead County Sheriff. It will be in the jurisdiction of the City of Kalispell Police Department, pending annexation. The Kalispell Police Department can adequately provide service to this subdivision. Fire Protection: Fire protection services are currently being provided by the Evergreen Rural Fire District. Fire protection will be provided by the Kalispell Fire Department pending annexation. The fire access and water service needed to protect the subdivision will be reviewed and approved by the Kalispell Fire Marshall, prior to final plat approval. The fire chief has indicated that the City has adequate response time and equipment to serve the site upon development. Solid Waste: Solid waste is currently being handled by Evergreen Disposal. If the property is annexed, the solid waste disposal service will continue to be handled by Evergreen Disposal, unless the property owner or tenants elect to switch their service provider to the City of Kalispell. In either case, there is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. 7 Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 2 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The proposed subdivision site was used for the past 70 years as a gravel extraction and processing site, as well as a concrete batch plant. The development of this property is not anticipated to have any impact on agricultural uses within the valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy Future Land Use map for the area anticipates this area to be developed as an Industrial future land use. The development as a rail -served industrial park is consistent with the Kalispell Growth Policy Designation of Industrial. G. Compliance with Zoning: The subdivision site is currently subject to the County I-2 zoning designation. Pending annexation into the City of Kalispell and an initial zoning designation of I-2 (Heavy Industrial), the allowed uses provide for a range of permitted and conditionally permitted industrial uses. The following table summarizes the minimum dimensional standards for the City I-2 zoning district: • Minimum lot size 7,000 square feet • Minimum lot width 70 feet • Front yard setback 40 feet • Side yard setback 20 feet • Rear yard setback 40 feet • Side corner setback 40 feet • Maximum building height 40 feet, up 60 feet with CUP • Lot coverage No maximum Based on the proposed configuration of the lots, they can be reasonably developed without requiring a variance from zoning ordinance. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested. RECOMMENDATION Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP-14-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat of FCEDA Rail Park Subdivision be approved, subject to the conditions listed below: E:3 CONDITIONS OF APPROVAL 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. (Kalispell Subdivision Regulations, Appendix C - Final Plat) 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). 3. 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. (Findings of Fact, Section A) 4. 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. (Findings of Fact, Section A) 5. 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. In 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. A sidewalk shall be provided on at least one side. 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. (Kalispell Subdivision Regulations, Section 28.3.14) 6. A design that mitigates the risk of development on or near the slopes located along the south property boundary shall be submitted for review and approval prior the commencement of clearing and grading operations on the site. The ongoing remediation of the gravel extraction and concrete batch plat operations shall assure that adequate building sites are created and that slope stability is maintained on sites with slopes of 25% or greater. (Kalispell Subdivision Regulations, Section 28.3.03 and 28.3.11 F.2) 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. (Kalispell Subdivision Regulations, Section 28.30.04) 8. Right-of-way shall be granted to the city for the entire 60-foot road and utility X easement (Flathead Drive, 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. (Finding of Fact, Section D) 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. (KLJ Engineering, July 2013) 10. The intersection of Montclair 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. (KLJ Engineering, July 2013) 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. (Findings of Fact, Section D) 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. (Kalispell Design and Construction Standards) 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. (Kalispell Design and Construction Standards) 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. (Kalispell Design and Construction Standards) 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. (Findings of Fact, Section D) 10 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. (Kalispell Design and Construction Standards) 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. Crossings are allowable, provided adequate vertical separation. (Kalispell Subdivision Regulations, Section 3.18) 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 (Kalispell Subdivision Regulations, Section 28.3.21(H)) 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. (Kalispell Subdivision Regulation, Section 28.3 (Design Standards)) On -going conditions: 20. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 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. (Findings of Fact, Sections A & C) 11 DAWN MARQUARDT 935 E. Oregon Street Kalispell, MT 59901 � az , 406-755=6285 F 4 1 April 9, 2014 „_.u{ t Tom Jentz .Kalispell Planning Department 201 l st Avenue East Kalispell, MT 59901 Re: Kalispell Rail 'ark Tom, As you know, I have numerous concerns regarding this preliminary plat submittal. Based on the application and conversations I have had with you, Kevin and other professionals; I have come to the conclusionthat FCEDA has no intention of ever developing a 20 lot subdivision on this property. There are so many ways in which the application does not meet minimum requirements for subdivision application and there are many of the lots that do not begin to meet Subdivision' Standards. It is my opinion that this application is being pushed through review so that it can be said in the TIGER Grant Application that the site has been approved for a 20 lot subdivision. I feel that since the City is a party to the TIGER Grant Application that there is a conflict of interest with the City reviewing this subdivision proposal. Sincerely, Dawn Marquardt " ea enU�v�an wen4 46a[16� hea�� " Montana Department of Sve Bullock, Governor ONE J� /�11111 \U� �J A 1 IT Tracy StoEm, ne-Manning, Director P. 0. Box 200901 a Helena, MT 59620-0901 . (406) 444-2544 o Website: www.deq.mt.gov April 2, 2014 Kevin LeClair, Senior Planner.!�'� kYtl Planning Department City of Kalispell s 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 levels (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 terny@mt.gov. Sincerely, Travis J. Ei-ny 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" 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 fixture involvement of the state-owned parcel in the proposed rail park development, DNRC would need to receive, and evaluate, a fonnal 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 lime. AN EQUAL OPPORTUNITY EMPLOYER' Page 2 Frye/LeClair April 3, 2014 Again, thank you for this opportunity to colnrnent. Sincerely, A�(� Stephen J. Fry Area Manager Montana DNRC cc: Anne Shaw Moran, DNRC David Poukish, DNRC Travis Erny, MDEQ Moriah Bucy, MDEQ James Freyholtz, MDT April 1, 2014 Kim Morisaki Montana West Economic Development 314 Main Street Kalispell, MT 59901 Subject: Kalispell Rail Park - Access to US 2 MDT Comments on Conceptual Plan Dear Ms. Morisaki, The Montana West Economic Development (MWED) and their consultant KLJ Engineering requested comments from the Montana Department of Transportation (MDT) staff concerning connections from the proposed Kalispell Rail Park onto US 2 (E Idaho St). The potential connections included the use of Montclair Drive, Flathead Drive, and Whitefish Stage Road (7th Ave E N). During a meeting held October 2, 2013, MDT staff discussed concerns with the proposed locations. From the discussion during the meeting, MDT understands access at Montclair Drive would be the most viable for access into the Proposed Rail Park Facility. After internal staff discussions, MDT staff developed a list of questions/comments that must be addressed by MWED and KLJ prior to further discussions on access to US 2. An analysis is required to determine the feasibility of moving the intersection of Montclair Drive and US 2. The modification of the approach would better align (more perpendicular) and increase throat distance for truck storage on Montclair Drive. Are the adjacent landowners willing to have access(s) change? Any new locations for the approach must take into account the intersections/approaches for the landowners on the southeast of US 2 (Old Walmart, etc.). ® If the signal is installed at the new intersection of Montclair, is there adequate space between Montclair and the signal at the Old Walmart approach for the two signals to function correctly? Is there adequate sight distance for the proposed location(s) of the new traffic signals? e If the signal is closed at the existing Old Walmart approach, how will the car dealership gain access? Is changing the car dealership access anticipated (from full movement to partial movement)? • If access to the Old Walmart property is moved to lineup with the new location of Montclair Drive will this require relocation of any businesses? If so, are the businesses willing to be relocated and will the relocations result the overall traffic patterns changes and will traffic function more efficiently? Policy, Program & Performance Analysis Bureau Rail, Transit and Planning Division Phone: (406) 444-3423 TTY: (600) 335-7592 Fax. (406) 444 7671 Web Page: www.mdt.mt.gov If the Montclair intersection is relocated, how will this impact the properties to the north of US 2, off the local roads? Are the impacted property owners in agreement with the changes to their accesses? Once MDT staff receives the above requested analysis and information, I will schedule a meeting to discuss the feasibility of any changes to traffic. If you have any questions concerning this letter, please contact me at (406)444-9456 or email at jriley@mt.gov. Sincerely, Jean A. Riley, P.E. Transportation Planning Engineer Policy, Program & Performance Analysis Bureau Copies:Ed Toays, P.E. - Missoula District Administrator Jim Skinner - Bureau Chief - Policy, Program & Performance Analysis Bureau James Freyholtz, P.E. - Kalispell Traffic Engineer Danielle Bolan, P.E. - Traffic Engineer Stan Brelin, P.E. - Traffic & Safety Bureau Mike Tierney - Policy, Program & Performance Analysis Bureau Tom Jentz - Kalispell Planning & Building Director Thomas McMurtry - KLJ Engineering (email) File Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning MANOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED $3,500.00 Major Subdivision (6 or more lots) $1,000 + $125/lot Mobile Home Parks & Campgrounds (6 or more spaces) $1,000 + $250/space (5 or fewer spaces) $400 + $125/space Amended Preliminary Plat Amendment to Conditions Only $400 base fee Re -configured Proposed Lots Base fee + $40/lot Add Additional Lots or Sublots Base fee + $125/lot Subdivision Variance $100 (per variance) Commercial and Industrial Subdivision $1,000 + $125/lot SUBDIVISION NAME: Kalispell/ FCEDA Rail Park Name Flathead County Economic Development Auth. Phone (406)257-7711 Mailing Address 314 Main Street City Kalispell State MT Zip 59901 TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc): Name & Address KLJ 1845 Hwy 93 S. Suite 320 Kalispell MT 59901 Name & Address Name & Address LEGAL DESCRIPTION OF PROPERTY: Property Address Kalispell Assessor's Tract No(s) 4 5BA+5B 301CA 301BLot No(s) 30S 1 /4 Sec NW&NWNESection 8 Township 28N Range 21 W Number of Lots or Rental Spaces 20 Total Acreage in Subdivision 40.69 Total Acreage in Lots 22.81 Minimum Size of Lots or Spaces 0.24 Total Acreage in Streets or Roads 11.58 Maximum Size of Lots or Spaces 5.76 Total Acreage in Parks, Open Spaces and/or Common Areas 0.37 t -• PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial X Planned Unit Development Condominium Multi -Family Other APPLICABLE ZONING DESIGNATION & DISTRICT 1-2 ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS $890,000.00 IMPROVEMENTS TO BE PROVIDED: Roads: Gravel Paved X Curb Gutter Sidewalks Alleys Other . Water System: Individual Multiple User Neighborhood Public X Other Sewer System: Individual Multiple User Neighborhood Public XOther Other Utilities: Cable TV Telephone _X—Electric X Gas _._Other _ Solid Waste: Horne Pick Up Central Storage Contract Hauler X Owner Haul Mail Delivery: Central Individual School District: Fire Protection: Hydrants X Tanker Recharge Fire District: Drainage System: PROPOSED EROSION/SEDIMENTATION CONTROL: Best management practices VARIANCES: ARE ANY VARIANCES REQUESTED? No (yes/no) If yes, please complete the information below: SECTION OF REGULATIONS CREATING HARDSHIP: N/A EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS N/A PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: NIA 2 w A h PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED 1. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? N/A 2. Will the variance cause a substantial increase in public costs? N/A 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations, Master Plan or Growth Policy? N/A 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? N/A 5. What other conditions are unique to this property that create the need for a variance? NIA 3 t � a APPLICATION CONTENTS: The subdivider shall submit a complete application addressing items below to the Kalispell Planning Department at least thirty five (35) days prior to the date of the Planning Board meeting at which it will be heard. 1. Preliminary plat application. 2. 10 copies of the preliminary plat. 3. Electronic copy of plat. 4. One reproducible set of supplemental information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) S. One reduced copy of the preliminary plat not to exceed 11" x 17" in size. 6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. 7. Application fee. 8. Adjoining Property Owners List (see example below and attached notice from County Plat Room): Assessor# Sec-Twn-Rn Lot/Tract No Property Owner & Mailing Address Raa aHachari I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. (Applicant) (Date) W 1845 Highway 93 South Suite 320 Kalispell, MT599o7 4o6 755 2763 kI}eng.com APPENDIX A- PRELIMINARY PLAT 11. SUPPLEMENTS TO THE PRELIMINARY PLAT: A. VICINITY MAP 1. (See attached) R. COMMON AREA MANAGEMENT PLAN: 1. Subdivision is owned by the Flathead County Economic Development Authority (FCEDA). 2. Tract A is a designated Common Area and contains storm water detention and a lift station. 3. FCEDA is responsible for liability insurance, payment of taxes and maintenance of the common use area and facilities. C. ENVIRONMENTAL ASSESSMENT: 1. All storm water from the Rail Loop Road and Rail Access Road will be directed into the storm water detention pond. 2. Each lot will be responsible for collecting and disposing storm water produced on the lot. D. PHASED PROJECTS: 1. N/A NATIONAL PERSPECTIVE REGIONAL EXPERTISE TRUSTED A DV I SOR Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Date: March 20, 2014 To: Kalispell City Departments and other agencies From: Kevin LeClair, Senior Planner Re: April 22, 2014 Planning Board Meeting The Planning Department has received the following application for review at the Kalispell Planning Board meeting on April 22, 2014: 1. A request from Flathead County Economic Development Authority (FCEDA) for the subdivision of 40.69 acres into twenty(20) rail -served industrial lots, a storm drainage tract, a private road, and segment of Kalispell public right-of-way. The applicant intends to develop the land into a rail -served industrial park with access onto the Burlington Northern Right -of -Way, which is adjacent to the eastern boundary of the project site. The site is 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 can be described as Tracts 4, 5BA, 513, 30ICA, 30I13, and 305, located in the north %2 of Section 8, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. The properties are also the subject of an annexation and initial zoning request that is scheduled to be considered by the planning board at their April 8, 2014. The request is to have the initial city zoning be established as I-2 (heavy industrial). If your office has any comments on the proposed subdivision please provide those comment to me by April 4, 2014, so I can include them in my staff report. c: w/attachments: Doug Russell, City Manager Charles Harball, City Attorney Susie Turner, Public Works Director Jeff Clawson, Building Official Chad Fincher, Parks Director Wade Rademacher, Captain, Kalispell Police Department Dave Dedman, Fire Chief P.J. Sorensen, Zoning Administrator James Freyholtz, Kalispell MDT office B.J. Grieve, Flathead County Planning and Zoning Anne Moran, Montana DNRC c: w/o attachments: Flathead County Economic Development Authority Mark Rohweder, KLJ Engineering • APPLICANT: Kalispell/FCEDA Rail Park I, the undersigned certify that I did this date mail via Certified Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where a preliminary plat has been requested. Date: S-T-R: 8-28-21 Tract/Lot: Tracts 4, SBA, 5B, 30ICA, 30IB, 30S Property Owners/owner Representative: Flathead County Economic Development 314 South Main Street Kalispell, MT 59901 KLJ Engineering Attn: Mark Rohweder 1845 Highway 93 S, Ste 320 Kalispell, MT 59901 AND ATTACHED LIST Flathead County Economic Mark Rohweder Pacific Hide & Fur Depot Development Authority KLJ Engineering AD% Accountant 1551722 314 South Main Street 1845 Hwy 93 South, Ste 320 P.O. Box 1549 Kalispell, MT 59901 Kalispell, MT 59901 Great Falls, MT 59403 William D. Loop P.O. Box 9255 Kalispell, MT 59904 Greenwood II Corp. 210 Rhodes Draw Kalispell, MT 59901 Kenneth & Monique Otness P.O. Box 2790 Kalispell, MT 59903 JTL Group, Inc. P.O. Box 147 Kalispell, MT 59903 Lynn Valtinson 2406 5th Street NW Great Falls, MT 59404 Jeffrey Erickson 653 Whitefish Stage Road Kalispell, MT 59901 State of Montana Attn: Department of Highways 2701 Prospect Avenue Helena, MT 59601 Klingler Lumber Company P.O. Box 9306 Kalispell, MT 59904 Stillwater Forest Products, Inc. 955 Whitefish Stage Kalispell, MT 59901 Joshua & Elena Aczas 651 Whitefish Stage Road Kalispell, MT 59901 Corey Thomas AD% Dawn Marquardt 935 East Oregon Kalispell, MT 59901 Prime Comm. Partners Kalispell Kalispell Partners, LLC AD% Synergy P.O. Box 681150 Park City, UT 84068 Fred, John 8s Audrey Mueller Joseph & Sharon Copeland P.O. Box 7152 560 9th Avenue EN Kalispell, MT 59904 Kalispell, MT 59901 Jeremy 8s Pamala Jones PJ's Estate, LLC 8 Riverside Drive 44 Redwing Court Kalispell, MT 59901 Kalispell, MT 59901 Wesley 8s Pamela Holmquist PFR, Inc. 1027 US Highway 2 E 428 1st Avenue West Kalispell, MT 59901 Kalispell, MT 59901 Flathead County City of Kalispell Attn: County Commissioners Attn: City Clerk 800 South Main Street P.O. Box 1997 Kalispell, MT 59901 Kalispell, MT 59903 Northwestern Corp Burlington Northern & Transmission & Distr Santa Fe Railway 3AD% Property Tax Dept. 010 West 69th Street P.O. Box 961089 Sioux Falls, SD 57108 Fort Worth, TX 76161 Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 wmv.kalispell.com/plannim 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_(iMalis ell.com. NOTICE OF PUBLIC HEARING SPECIAL MEETING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION April 22, 2014 A special meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, April 22, 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 item. The Board will make recommendations to the Kalispell City Council who will take final action. 1. A request from Flathead County Economic Development Authority (FCEDA) for the subdivision of 40.69 acres into twenty(20) rail -served industrial lots, a storm drainage tract, a private road, and segment of Kalispell public right-of-way. The applicant intends to develop the land into a rail -served industrial park with access onto the Burlington Northern Right -of - Way, which is adjacent to the eastern boundary of the project site. The site is 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 can be described as Tracts 4, 5BA, 5B, 30ICA, 30IB, and 30S, located in the north 1/ of Section 8, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana. Documents pertaining to the agenda item 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 item is posted on our website at www.kalis-oell.com/plaming under "Planning Board Agenda & Staff Reports". Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION TIARA 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.21649 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 April 6, 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. --A-- ---------------- Subscribed and sworn to Before me this April 7, 2014 - ------------- ---- -- Dorothy I. Glen i ss Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/2017 .Z"pSAh`� NOTARY PUPW tnr tts * Ei L ,� Stata of Montfaw 4aosidin 91 Wupalt, Mntafsa My fAlfnmWian Fxpi Of MO ,2017 AIVIU d 7 r" 1Lt Z s �[�) 10 ,'sueRr � 1B t cli3_ 4 lA 2 3a 11CA i1C County 1A 2�2AC1E aunty. '-2 9 f rtuf)aL_t;a,2Pq- 2AA SEE 1141{4tIAF1-1 3 _. County. 3B3 • �- ■ 3B, 5, Pi}& GO's 1 lS) 0267 :a mi 5A p AftK+ Limits PARK+ c 23BA county , w 23B R21 yi- 234 KJAS`;i 1 23K ?3KC 2 ADD, 7 MIL AM PARK' Si 1 � NORti itA`T � n 6 A()Ci 3 - 2 1 11 Z pt+'PE rr 2 23 v 10_ q m `r�=_. ua HL�NS! u 4 `3 12 2 'i L0 4 m 9 5 z ^, 2 3 2 3 1 t ]g 12 2 11. 1 3 cj 8 6y0. DPP p' ygE 11 10 4 v, .l + 3 9 RSG, HRF=`OX JPP ]JP, ]gg 3 U .�,6tr'� ]rn ggP 9 5 S AB 6 7 K OVA, ]F ]Fn a: vRGf'.. 2 34 A 01 l.l1v 3 11. 3 An4-B. 22A 30K .i. n 10 r 5.. ILA K 10 # A w�L9A `SA F 41 5 8 66 30JD 6 t. 9 - 5 � st -7 ]KA 1 i8 p C� 20 ]En 17 6 ASq "'y 2 2 'f`' 30-9 30-7 1[ii ]E o� 0 3 4 1 1A p,_to "col i'a 3� 61 .... 25 P ,Ip. 1 12 2 0 3CK C 2 302 Rv 30-1136'?' p a gyp, 3--r.Lw`IGAN-'NDO L30-6.30-6P 3PL7A 3. 3 10 rf 4 0'306B.3D6A8 36-2tn p 1 16.1 t 0 ; 4 4x9 5 LB 3r ` ql 101112, 1 �J0-Ww+i 6 �, 3p>q f16_1l Yr�" 3a2tg, g .6._ '6 C{?7 :..0<j�ip .O 2pC _. 1&1 30-27B 1 p�c�"g_' � tl't6A 11CB 30N 30-20A ta 30- 30- f2 f Z. 11- 30-20b 30-200. a z 3 LO ?G 4 fo '^iy a 9 5 30 30I LOT 14 Co unty linty 30C :? T 11KOK + cy 11HcCounty 11HB _ R4.6A 6 11HA 6C GAA` 1; 19 30Z 19A 19B "Q a 30-1 c _ 30Y 30Vt u- 0 .. 6B 11D B 9B Cot�pig�L 30IC 16 1F� County 1-2 15 15C h 14 ap q�. 3 0 E a te, 30L County" a 30P 3A-2 D 30RCB 30RCA 30pB �Q LygB-3030RC uP s,F,-e 3 -Sc 3aBSA30RB 30-8 3 y" saaa a 308BA 308B 2t, oa:a 3131-22B" 30 n IN -�H G®W ;y ,Co 4"14 unt B 30HB p ^ OHG (t-L s0-22+ VICINITY MAP SCALE 1" =150` FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY/KALISPELL/FCEDA RAIL PARK REQUEST FOR PRELIMINARY PLAT OF KALISPELL/FCEDA RAIL PARK, WITH 20 INDUSTRIAL LOTS ON APPROXIMATELY 41 ACRES. THE PROPERTY WILL BE ZONED 1-2 (INDUSTRIAL) UPON ANNEXATION AND IS LOCATED BETWEEN WHITEFISH STAGE ROAD & OREGON LANE FILE# KPP-14-01 PLOT DATE 3117114 HAgislsite%kpp14_01 - FCEDA Rail Park Preliminary Plat.dwg CERTIFICATE OF ACKNOWLEDGEMENT WE, THE UNDERSIGNED PROPERTY OWNER DO HEREBY CERTIFY THAT THE EXISTING SIX (6) TRACTS OF LAND, TRACTS 2 AND 3 OF C.O.S. 19246 AND TRACTS 4, 5, 6 AND 7 OF C.O.S. No. 18380, ARE TO BE AGGREGATED INTO ONE (1) PARCEL. CERTIFICATE OF DEDICATION WE, THE UNDERSIGNED PROPERTY OWNER DO HEREBY CERTIFY THAT WE HAVE CAUSE TO BE SURVEYED, SUBDIVIDED AND PLATTED INTO LOTS AND EASEMENT, AS SHOWN BY THE PLAT HERETO ANNEXED, THE FOLLOWING DESCRIBED LAND IN THE CITY OF KALISPELL, FLATHEAD COUNTY TO WIT: LEGAL DESCRIPTION (OUTER BOUNDARY) A PARCEL OF LAND CONTAINING IN TRACTS 2 AND 3 OF C.O.S. No. 19248 AND TRACTS 4, 5, 6, AND 7 OF C.O.S. No. 18380 IN THE NW} AND NWINE4 OF SECTION 8, T.28N., R.21W., P.M.MONTNA, FLATHEAD COUNTY, CITY OF KALISPELL, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 5, THENCE N 89'34'38" W, 739.10 FEET ALONG THE NORTH LINE OF SAID TRACT 5 TO THE WESTERLY RIGHT-OF-WAY LINE OF BURLINGTON NORTHERN RAILROAD, THENCE S 18"25'57" W 188.74 FEET ALONG SAID RAILROAD RIGHT-OF-WAY LINE; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1382.69 FEET, DELTA ANGLE OF 1'57'48" AND ARC LENGTH OF 47.38 FEET ALONG SAID RAILROAD RIGHT-OF-WAY LINE TO THE SOUTH LINE OF SAID TRACT 5; THENCE S 89'57'46" W, 64.23 FEET TO THE WEST RIGHT-OF-WAY LINE OF EAST OREGON LANE; THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT WITH RADIAL BEARING OF N 68'37'58" W, A RADIUS OF 1322.69 FEET, DELTA ANGLE OF 9'05'44" AND ARC LENGTH OF 209.98 FEET ALONG SAID ROAD RIGHT-OF-WAY; THENCE S 30'27'46" E, 306.73 FEET ALONG SAID ROAD RIGHT-OF-WAY TO THE SOUTHEAST CORNER OF SAID TRACT 6; THENCE N 89'26'03" W, 385.63 FEET ALONG THE SOUTH LINE OF SAID TRACTS 6, 7 AND 2 TO THE NORTHWEST CORNER OF SAID TRACT 4; THENCE ALONG THE EAST, SOUTHERLY AND WEST LINES OF SAID TRACT 4 THE FOLLOWING FOUR (4) COURSES: 1) S 02'47'02" W, 486.62 FEET; 2) S 85'41'04" W, 151.07 FEET; 3) N 59'53'06" W, 259.84 FEET; 4) N 00'52'08" E, 371.09 FEET TO THE NORTHEAST CORNER OF SAID TRACT 4; THENCE ALONG THE SOUTH LINE OF SAID TRACTS 2 AND 3 THE FOLLOWING FOUR (4) COURSES: 1) N 89'40'29" W, 834.59 FEET; 2) S 12'08'30" E, 9.23 FEET; 3) S 89'58'50" W. 369.06 FEET; 4) S 88'26'07" W, 31.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF WHITEFISH STAGE ROAD; THENCE ALONG SAID ROAD RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 1) N 17'54'25" W, 389.40 FEET; 2) A CURVE TO THE LEFT HAVING A RADIUS OF 1730.00 FEET; DELTA ANGLE OF 8'16'28" AND ARC LENGTH OF 249.85; 3) N 26'10'40" W, 104.95 FEET TO THE WESTERN MOST POINT OF SAID TRACT 2; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT 2 THE FOLLOWING ELEVEN (11) COURSES: 1) N 63'31'57" E, 49.58 FEET; 2) N 2232'14" E. 303.76 FEET; 3) S 59'24'34" E, 305.12 FEET; 4) N 6343'14" E, 367.56 FEET; 5) S 46'03'21" E, 534.06 FEET; 6) S 53'01'11" E, 151.01 FEET; 7) S 62'30'51" E, 156.96 FEET; 8) S 74'I5'35" E. 118.99 FEET; 9) 89'41'52" E. 188.69 FEET; 10) N 67'23'07" E. 323.43 FEET; 11) N 75'52'58" E, 144.95 FEET TO THE WEST LINE OF SAID TRACT 5; THENCE N 00'08'21" W, 56.40 FEET ALONG THE WEST LINE OF SAID TRACT 5 TO THE SAID POINT OF BEGINNING. THE TRACT CONTAINS 40.69 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EXISTING EASEMENTS AND DOCUMENTS OF RECORD. THE ABOVE TRACT IS TO BE KNOWN AND DESIGNATED AS "FCEDA RAIL PARK MAJOR SUBDIVISION TO THE CITY OF KALIS NOTATION: (1) "THE UNDERSIGNED HEREBY GRANTS UNTO EACH AND EVERY PERSON, FIRM OR CORPORATION -- WETHER PUBLIC OR PRIVATE -- PROVIDING OR OFFERING TO PROVIDE TELEPHONE, TELEGRAPH, ELECTRIC POWER, GAS, CABLE TELEVISION, STORM WATER RUNOFF, WATER OR SEWER SERVICE TO THE PUBLIC: THE RIGHT TO THE JOINT USE OF (AND INGRESS AND EGRESS TO AND FROM) 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 HOLD FOREVER - TOGETHER AS DEFINED BY MONTANA LAW AND WITH THE FOLLOWING CONDITIONS: (A) NO PERMANENT STRUCTURES MAY BE PLACED WITHIN THE EASEMENT; (B) FEATURES SUCH AS FENCING OR LANDSCAPING PLACED WITHIN AN EASEMENT ARE SUBJECT TO BE TORN UP FOR PLACEMENT OF UTILITIES AND/OR MAINTENANCE NEEDS. NOTATION: (2) THE UNDERSIGNED HEREBY CREATES A 20 FOOT WIDE, UNDERGROUND UTILITY EASEMENT, AS SHOWN AND DESCRIBED ON PLAT. NOTATION: (3) THE UNDERSIGNED HEREBY CREATES A 60 FOOT WIDE PRIVATE ROAD ACCESS EASEMENT (PRIVATE ACCESS & PUBLIC UTILITY EASEMENT) KNOWN AS "RAIL ACCESS ROAD" FOR THE EXCLUSIVE USE OF THE LOTS AS SHOWN AND DESCRIBED ON PLAT AND ADJOINING LANDOWNERS. NOTATION: (4) THE UNDERSIGNED HEREBY CREATES A PRIVATE ROAD ACCESS EASEMENT OF VARYING WIDTHS (PRIVATE ACCESS & PUBLIC UTILITY EASEMENT) KNOWN AS "RAIL LOOP ROAD" FOR THE EXCLUSIVE USE OF THE LOTS AS SHOWN AND DESCRIBED ON PLAT. NOTATION. (5) THE UNDERSIGNED HEREBY CREATES A PUBLIC ROAD ACCESS EASEMENT (PUBLIC ACCESS AND UTILITY EASEMENT) DEDICATED TO THE CITY OF KALISPELL AS SHOWN AND DESCRIBED ON PLAT, TOTAL AREA 0.68 ACRES. NOTATION: (6) THE UNDERSIGNED HEREBY ACCEPTS AND AGREES TO ALL PROPERTY LINES AND EASEMENT LINES, AS SHOWN AND DESCRIBED ON PLAT. FCEDA (REPRESENTATIVE): �2*jg iif2li7`.I:tT1 ON THIS DAY 201_, BEFORE ME A NOTARY PUBLIC FOR THE STATE OF MONTANA, PERSONALLY APPEARED THE ABOVE NAMES KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. NOTARY PUBLIC FOR THE STATE OF RESIDING AT MY COMMISSION EXPIRES THE PRELIMINARY PLAT FCEDA RAIL PARK MAJOR SUB'D TO THE CITY OF KALISPELL LOCATED IN: TRACTS 2 AND 3 OF C.O.S. No. 19246 AND TRACTS 4, 5, 6 & 7 OF C.O.S. No. 18380 IN THE NWj & NWINE} OF SECTION 8, T. 28 N., R. 21 W., P.M.MONTANA, FLATHEAD COUNTY, CITY OF KALISPELL PURPOSE (1): TO AGGREGATE SIX (6) SEPERATE TRACTS OF LAND INTO ONE (1) PARCEL PURPOSE (2): TO CREATE TWENTY (20) COMMERCIAL LOTS & ONE (1) COMMON SPACE COMMISSIONED BY: FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY OWNER: FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY CERTIFICATE OF COUNTY TREASURER I HEREBY CERTIFY, PURSUANT TO SECTION 76-3-611 (1)(B) OF MCA, THAT ALL REAL PROPERTY TAXES AND SPECIAL ASSESSMENTS ASSESSED AND LEVIED ON THE LAND DESCRIBED ON THIS PLAT AND ENCOMPASSED BY THE PROPOSED "FCEDA RAIL PARK MAJOR SUBDIVISION TO THE CITY OF KALISPELL" HAVE BEEN PAID. GEOCODE _07-3966-08-2-22-01-0000 TRACTS 2 & 3 C.O.S. No. 19246 GEOCODE 07-3966-08-2-22-45-0000 TRACTS 5 & 6 C.O.S. No. 18380 GEOCODE 07-3966-08-2-22-0 -0000 TRACT 7 C.O.S. No. 18380 GEOCODE 07-3966-08-2-21-01-0000 TRACT 4 C.O.S. No. 18380 DATED THIS _DAY OF 201. TREASURER, FLATHEAD COUNTY, MONTANA CERTIFICATE OF CLERK AND RECORDER STATE OF MONTANA: COUNTY OF FLATHEAD: FILED FOR RECORD THIS �_____ O'CLOCK. INSTRUMENT NO. DAY OF _---__, 20_-, AT COS/PLAT NO. FILE NO. COUNTY CLERK & RECORDER SIGNATURE DATE: ----- CERTIFICATE OF CITY COUNCIL THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, DOES HEREBY CERTIFY THAT IT HAS EXAMINED THIS SUBDIVISION PLAT AND, HAVING FOUND THE SAME TO CONFIRM TO LAW, APPROVES IT AND HEREBY ACCEPTS THE DEDICATION TO PUBLIC USE OF ANY AND ALL LANDS AS SHOWN ON THIS PLAT, AS BEING DEDICATED TO SUCH USE DAY OF BY: CITY CLERK 20_. MAYOR: CERTIFICATE OF CITY ATTORNEY THIS PLAT HAS BEEN EXAMINED BY THE OFFICE OF THE CITY ATTORNEY ACCORDING TO SECTION 76-3-612(12) M.C.A AND RELYING UPON TITLE REPORT No. HAS BEEN APPROVED BASED UPON THE INFORMATION SUBMITTED BY THE DEVELOPER AND OR HIS AGENT. OFFICE OF CITY ATTORNEY CITY OF KALISPELL. MONTANA BY: DATE: RESTRICTIVE COVENANTS RECORDED BK._, PG._-. CERTIFICATE OF EXAMINING LAND SURVEYOR REVDMD PURSUANT TO 76-3-611(2)(e), MCA DATE: MONTANA IJC. NO. CERTIFICATE OF OF LAND SURVEYOR MICHAEL J. 17794 PROFESSIONAL LAND SURVEYOR DATE: Q KLI, Iex 2014 tlt 1 + ! THE PRE11MINARY" PLAT FCEDA RAIL PART{ MAJOR SUD'D TO THE CITY OF KALISPELL ♦� \ r A ' -� _ - - LOCATED IN: TRACTS 2 AND 3 OF C.O.S. No. 19246 AND TRACTS 4, 5, 6 & 7 OF C.O.S. No. 18380 IN THE NWJ & µ\� `y 00>, %� - �5g ' r NWINEJ OF SECTION 8, T. 28 N., R. 21 W., P.M.MONTANA, FLATHEAD COUNTY, CITY OF KALISPELL 20¢7szi"B .54PURPOSE: TO CREATE TWENTWENTY20 COMMERCIAL LOTS & ONE 1 COMMON SPACE 't �i+III; •?J as2��a?i,J; e9'�noGS�`�� s COMMISSIONED BY: FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY ll, I \+ to -"" % % s+ 05`• \�� _ '' :' o , ` OWNER: FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY u u 8' \q `+:3:° - - / _ i ; .1!\p ep g67• � ter. r klf C �� ,•'� .."- l� zuau-y� J Lorpt�,p $ ' ! j{ �� { ..� _ yM sue.. � =.'.' o- Ak'�a - zssD - _ �- •or \ °t°�, t t ,1 } .\ .� .'rC. I{ i - - , I ` \ N - y t _ A 1 PARCEL 1 r N 89'31 57" \ \ a ♦ i -- ._ ._ _. .-. _. ._ r _ " ♦ PARCEL 1 �r ' C.O.S. No. 9232 t No. 13969; ~i I t t POINT t C.O.S.,' J I6� ; w� 3 0 \ /f'� _ ♦ , i BEGINNING c I rr lr N 28.100- !I 4k' •`I9g ` 3. 6¢ `� t I r/ i ♦ -+. 1 1 J/ 4.73' i9 '�• 1t �. Y x0,0e2.r"ff ^ N169, '38's7ss,o 'SEE DETAIL • `• ,o � i t ; - o } ! t rr ! �. o�� s, I \ t , -- 6B 9T¢R 349.62' ) 301.44'-T,RACTA 4B.T9 ,�,t 1 1 N QO'41'10' B 274.40 --� LOT, 81 ( \ ` t PARCELA COMMON } ! ' C.O.S. No.16363 .\ 70.22' 'N Ol'32'40- If �I 1.1�4 AC[ ES B8'34'38" B 6.34 ACRES L=183. B' R=1730.00' �'9 _ _ �IO2.B4' � ♦ \ �. ._ -J N t8$2T 154.08' b r ,sD` ti - - � \ I " t t w ♦y iy, ref- '�' s ! J.• � x ! M, fig" `> o sa• a. �" B s a ,sy � �:rrr, r 00.12'14" A s{ \�=• `�Zp '�^^.s S'3• D, O r ! ,. S BB'14'42" - 1a _ - 'iz' 29�\ \ RE.i ^ \♦ `t ( I f ; i , t �, rri '--O 1a i '?o, d, r ,7asr ._ - s _ _ . g'i" B k Bf.02' t q $ ^ A ry L' t' �•Qi3 1 _ _ fl , t _- a 03• LET \\ ; 1.07/�CRES s �ea d 6r 126• � LOT 0 h � 7o.z5' `' `�\\\t\`\\,•, /'t,, �. t e2" 9r�' s •. �N 26A�'s 42' mb "�dACRES gI M/ -'\ ♦ \ \" 1 , ` :, t t •ras y'�15;y5. r _ _ 3 .WIT Ogg• r LOT 5 '� 0 0.99'ACR S _ " ti d >>a �•t J h -.�, .; yt 4 2BB.11'- . ..21B.t4'- . L- . 157:90'- . -_. ' '+ o W b tJ r pia .. • •-244,.BB'. aBfl, g Ij B9 r . 8 S BD'41'S2" S !'07" ` o y L=28.95 R=5B8.BD' 842514' q•^ ~ s y'416'�O� lea's B 5 gT' 0.74 ACRES o d=2'48'01" ♦ R�Bg6 ,�.° r' rJ J 1 _�- ( TRACT{ t h Ia3aa5" S 88'41 $2" B _ . - . I _194.79'.._- L-388.24•.�'+'`'.f /.. r I 1 C.O.S. No. 18300 S Y9•,20'S0" S 8-401.48'=c - _� L . L - 108.84' i , _ \ - D`-�*-•+�S 89.89'28" B .'• k ry S 89°6T48" K "t L=85.99' R<1780.00' �t" ...... +«r• t+.+.w+++..*r• qD «r4«Ik-jeou.D8" S 67.23'07- W J i L J' r lg'0 10'g� •b q J' 4a (B} d=2.5o'52" ; '�{�, All t «. LOT 19 5.92ACRES (RAILAREA) 28.72' N B9.9B'I8" E 1888.48' r + 12• ?_• ' ..t_ ' -27B.23'`s y t -t .�' " -184.74" '� r,'- i -20D.33' ' r'}.-235.32' - :.; 1 r�,228.31'.�::. _ 292:40'- '~I �-- ' -28B.B1'--'253.34,.� . J pq•+Itr tr rI tr/ r i W`- _' I , ♦ o `J ' J .• riry r / rJ \ o L0T;1Y1 LZ1T 15 h =_ -L T I ki ti 0.80-ACftES__-ti o-� O�BACRES" =b. U$�;k1 R S ,oi b. m. o' D-8$ ACRES- 084ACRES o._,D.83_:AGR€Sa o_2950 \ .\� \ s t \ \ ♦ ♦ j o- - - - o 1 �+ -"r-�<. utr-SB:05'•c- :_2960_ J95.-- - -'N B882'08"1►-_•'_ .- -~� h�♦�\,�♦ \ `\ Wa,•, - ,t , �r/tt \ _ - _ L�l o v \ ^ \ 825 '08' zn10 _ _ c' O F'1'1 6 w ttu :e\ s'`c r I 3.77 ACRES J rrlr is. '_ •-98.25'' - ♦ ♦ \\ � , t o ' ' r \ Y\ ` �1 \ � N88'45'62"-x - -"s79• _ _ .-._ �L=140.38'R=seD.aa' ACRES I $ � I;,'.',t;ev`''f'�:.,;> t • � ew,' rJ Irr \ _ _=_296D-=_-- kAfL'LOOF ROAD - _ d=b0°_18'OD"` \\�♦�yt t\t Yy � t � I _05^i I qr'� v.�c Ip _ _ _ _ _ _ (PROPOSED PRIVATE, ROAU _ - _ `.~•.\\ \\ ,11 }tyll t}ViLti Alt r t , r gd p4�s� I.J ��!\ y saers'07' d 4"'•o- iS 12roB2D" B- _ - - 2998 __ - ANDPUYARYiNtBLIC i\4IDT1{S1ITY MINp -_ `-' _180.00' t;tl ltntpit r z93°' Cvr# rr rtirr r LEGEND _-} - _ _-- - _--- ci_ •- _ ^.L=111.1T R- y S-.` c,v _' \' -- ---_-�_� ___ - _ a -^e.'gS{`i,!{ tIL• it,yt!!zss.44'-.E�, � -.-. j-.�. / 5�. gr/rti, o O +_ S 8D58'S0' r 151,\t• N 89`4029- 634.80'- _. 1_P6RCELA _ _ - ~ C = tltt It ! N 882915 N' SET �" REBAR W/ Y.P.C. 17794LS O _ , r f, ! ' t '} N 892B'03" 985.B3' rn PARCELA may_ - - --GO.&No�•L9520- _ _ -!i IJ i o,/ IL=9.85' R=t80.00' !, sdSart'O7) ,� / r$`/ fv C.O.S. No. 11562 v C.O.S. No. 2602 - _` - - - - - - :i ry�� 1 ~ ♦ r _ r, © FOUND 1�" REBAR W/ Y.P.C. 79755 a I �J kry lcPd=32T25"rG• I ® FOUND REBAR mo T16 �,-•t'iiJ�i; u •�'; o \ w t / I. ® FOUND IRON PIPE ' C.O.sRNo. ttss2 z i tl@OIA �� bV �. r; t,. f lit % e \ v 7 , LOT 10 1 TRacTl 2, a27 Asr`VIDEE}Ci5nN 'w n it;E ,rt I,., •+ `t C.o.S.No.65i (R) RECORD DISTANCE PER C.O.S. No. 18380 ARCEL D o r 1.06 ACRES t2� i� q, 11 ".t11 h trl m� 'UIr 4 J R.B. RADIAL BEARING PARCEL �rL4lil i{SIII12 1 t1 .i 1 /s; /[ �f B80893 1/ t LOT 7 LOT 1 w t 1; t I I if + t k• i r f�t7 r UTILITY EASEMENT CREATED THIS SURVEY %n ♦ 10' FROM PROPERTY LINE DETAIL PARCEL . b'1rllll(!) Ilttfi h ,d e!`Ir!__ \ i f/.lJllf/ C.O.S. Na. 19'_8_ bf l.J!l ifl A.', J ♦ �Jltr JI -° L `,LOT 9 w'{!t, ' ,•.t rr,,------------------- NO ACCESS LINE LOT 6 1 _ _ _ J rt l7r!!!f!1 b .bd \t MLA DI ON �r t 1 t I �141 /I!ry / ( ,,: m � � �•~ .\ ; \ s 7s�z424" B o � t t 1.44 AC-R€8 � i. ,'? / rj---••-- - APPROXIMATE FLOOD PLAIN ST[LLWATER tttPu9LICACCESS AND LmuTY r49 !J< �� RIVER wo 1 LOT 2 1 b : EASEMENTAREA DEDICATED TO / rrfr xsas4se"B �a>" STD' `_ jt s70\2424'B r a7rofIwusPELLTNtssuRVEr f/ryittt PROPOSED WATER MAIN g O 40.01' Id; LOTS LOT Jfwzl 12FC IS \ ' :AREA0.IIACRES /17 h5'I S O ao. N b Vq oA ^ 2s1.0[' r !' I11.4 /!! >> ` _ N 88.3458' 8 9 ^ J � J i J• p(Cgj a -. sJr 1 I%<' IIrJr PROPOSED SEWER MAIN k APPROX 10'N4DE 391.44' TRACT A 4a ts' _ ] /J , sssD wag" # s` r is *, ` Ir o%r ` - FN - FM - PROPOSED SEWER FORCE MAIN ♦ WATERLINE EASEMENT I LOT 4 S Jf! ii. ,HMO . _ _ _ z- • cy�- i J1.7 /t;rt o PER BK 571 PG.500 COMMON AREA y. �, - "� _ r. /,,• % '' Ji :r --_ `>••- - '-3864104"W rtt ti �0.34ACRES { gbh J a Jam''/= ` it 4r,? , PROPOSED PUBLIC ACCESS AND UTILITY o o ttt A li �i 1 ai: o�� t ' IJft'r Iilir x EASEMENT DEDICATED TO THE CITY OF o .S 08'31�1°Y�W". !;y�;� 9 �'p tip db ! ' ,eTl'(Iff(!// •' K SPELL THIS SURVEY s _ t 41r EEas ErTri` % ` n 6� PROPOSED ASPHALT ROAD aA -.� ky '/, • x-TRAVELEDWAY- LOT 20 NOTE oPER ��'- n ' c .�°'D36°tif1� 0.19 ACRES ~� $ COMMON AREA TO CONTAIN - - - - 2s D - - - - 2' CONTOUR INTERVAL ? s-ado j? { / \ (RAIL AREA) STORMWATER DETENTION AND >> EXISTING SEWER MAIN NOTE. - FM - FM - EXISTING SEWER FORCE MAIN LIFT STATION w EXISTING WATER MAIM AREA DEDICATED TO J h' �� 'r�• ap ~ N I THE CITY OF KALISPELL LOT 7 zDzaz, O.SfiACRES S . -. \ W WDE EASEMENT A • ROAD 8 UTILITY •� 1.11 ACRES % DOC No.2D00-173441DD N 7.=81.42' R=1322.B9 LINE TABLE SEGMENT BEARING LENGTH I03 Lt sr 3z 40`E 77.39 L2 S23' S3.24"w 44.59 L3 N2r 53' 24'E 56.35 L4 S2r 53. 24-W 49.12 BA IS F BEARINGS. GEODETIC NORTH BASED ON G.P.S G EXISTING GAS LINEOBSERV r EXISTING TELEPHONE LAT-N4ATIONSAT: LAN- AREAS: E(0) EXISTING OVERHEAD POWER -W11.28.88.59 LONG-wtta°1rr1sss12r' LOT AREA: 22.34 ACRES OUSTING ASPHALT SURFACE ALL DISTANCES MEASURED UNLESS OTHERwiSESTATED RAIL AREA: COMMON AREA: 6.11 ACRES 0.34 ACRES '�1 '" EXISTING GRAVEL SURFACE 100 0 100 2W DEDICATED ROAD: 0.68 ACRES �- r PRIVATE ROAD: 1122 ACRES '. �° T" EXISTING CONCRETE SURFACE L=47.38' R=1382.69' SCALE FEET - TOTAL AREA: 40.69 ACRES LOT 19 6.92 ACRES S 89'57'4B" Ir (RAIL AREA} 1 JWu NO. DATE REVISION 1/4 .SEC_ T. eq j (��e �1 RAIL �( MAJOR p SUBDIVISION R. FCEDA RAIL PARK MAJOR St BDI Y ISIO 1I PARK y FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY MJR _ z969 R $¥ TROADSL TE18 5414 05 8 28N O 21 KALISPELL, MONTANA LI CSKCI,inc.ZtLY4 L-n764 m w,n 04/9/2014 P.M. MONTkNA N 1. •' etse roeresnts `"°T""-°"i`�-°°'.4'� FLATHEADCOUNTY PRELIMINARY PLAT