Resolution 5673/Preliminary Plat/FCEDA Rail ParkA 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
221 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 Bo ' ard 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,
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:
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 Orej�on 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)
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
4-..;
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 Drivel 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
stormwater report and an engineered drainage plan that meets the requirements of the current cit14,"
standards for design and construction. Prior to final plat, a certification shall be submitted to th
public works department stating that the drainage plan for the subdivision has been installed a
designed and approved. (Kalispell Design and Construction Standards)
3. The developer shall submit to the Kalispell Public Works Department prior to construction a
erosion/sediment control plan for review and approval and a copy of all documents submitted t
Ii
ntana Department of Environmental Quality for the General Permit for Stoaer Discharg
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))
Ll=�% 110=11TI4
20. All utilities shall be installed underground. (Kalispell Subdivision Re�zyulations, Section 3.17)
4_
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 & Q
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-lome!
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.
[�ASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
OF KALISPELL THIS 5TH DAY OF MAY, 2014.
Mark Johnso"
Mayor
Theresa White
zm�