Ordinance 1792 - Zoning - Glacier Rail ParkI IIlillll 11 11 i 111 l►III IIIII IIIII IIIII 11111111111111111111lIIII IIIII IIIII IIII II 11111111 IN 2017000155:I 55
Debbie Pierson, Flathead County MT by SC 7/20/2Fees;017 8 6. AM
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Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1792
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY CREATING A
PLANNED UNIT DEVELOPMENT OVERLAY ZONE OVER CERTAIN REAL
PROPERTY DESCRIBED AS THE GLACIER RAIL PARK, LOCATED IN THE
-- NORTH HALF OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST,
�~ FLATHEAD COUNTY, MONTANA, AND FURTHER DESCRIBED ON EXHIBIT "A
o IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO
PROVIDE AN EFFECTIVE DATE.
WHEREAS, Flathead County Economic Development Authority (FCEDA) petitioned the City
of Kalispell that a Planned Unit Development overlay be attached to the current
zoning classification on those 40 acres of land known as the Glacier Rail Park;
and
WHEREAS, the property is zoned I-2, Heavy Industrial, and is located east of Whitefish Stage
Road and the Whitefish River and north and west of East Oregon Street; and
WHEREAS, the petition of FCEDA was the subject of a report compiled by the Kalispell
Planning Department, Staff Report #KPUD-17-02, in which the Kalispell
Planning Department evaluated the petition and recommended that a Planned Unit
Development overlay be attached to the above described tract of land pursuant to
Kalispell City Code 72.21.030(2)(b); and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on June 13,
2017, and recommended that a Planned Unit Development overlay be attached to
approximately 40 acres of land, pursuant to Kalispell City Code 72.21.030(2)(b);
and
WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned
Unit Development overlay to the property, the City Council finds such zoning to
be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. #KPUD-17-02.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by attaching the
property described above with a Planned Unit Development overlay.
SECTION 2. The Planned Unit Development overlay proposed by FCEDA upon the
real property described above is hereby approved subject to the
following conditions:
1. The Planned Unit Development for the rail park allows for the following modifications to
the Kalispell Zoning Ordinance:
a. Kalispell Zoning Ordinance Section 27.19.030(1)(b): Allows for both the
permitted and conditionally permitted uses of the underlying I-2 zone to be
included as permitted uses within the PUD overlay, excluding telecommunication
towers and cellular communication towers (including radio, TV, internet, phone
and cable providers) which requires a conditional use permit.
b. Kalispell Zoning Ordinance Section 27.17.040(7) and 27.20.040: Allows fence
height in the front setback to eight (8) feet, provided that there be no barbed wire
in the front setback area.
C. Kalispell Zoning Ordinance Chapter 27.22: The request would allow for the
developer to submit a wayfinding sign plan (in addition to the individual per lot
signage allocations) to the City Planning Department for its review and approval.
d. Kalispell Zoning Ordinance Section 27.24.030(4): Required paved parking areas
are limited to those areas used for customer and employee parking and access and
a minimum paved driveway at all other accesses for industrial user traffic.
e. Kalispell Zoning Ordinance Section 27.24.030(6): Landscaping for parking areas
is not required.
2. The Planned Unit Development for the rail park allows for the following modifications to
the Kalispell Subdivision Regulations:
a. Kalispell Subdivision Regulations Section 28.2.09 (D): Allows for a building
permit to be issued prior to final plat provided that adequate fire access and water
is available to the satisfaction of the Kalispell Fire Department prior to any
combustibles being on site.
b. Kalispell Subdivision Regulations Section 28.3.13: Allows for the gating of the
rail park access road at the intersection of Whitefish Stage. Final gate design shall
be approved by the Kalispell Fire Department, Kalispell Police Department and
Kalispell Public Works prior to installation.
Kalispell Subdivision Regulations 28.3.14(A)(4): Allows for the 60' rail park access road right -
of way to be private and not have sidewalks on either side.
SECTION 3. The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Zoning Ordinance not amended hereby shall remain in full
force and effect.
SECTION 4. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA, THIS 17TH DAY OF JULY, 2017.
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Mayor
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EXHIBIT "A"
A PARCEL OF LAND CONTAINING IN TRACTS 2 AND 3 OF C.O.S. No. 19246 AND
TRACTS 4, 5, 6, AND 7 OF C.O.S. No. 18380 IN THE NWl/4 AND NWl/4NE1/4 OF
SECTION 8, T.28N., R.21W., P.M.MONTANA, 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
1057'48" 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°5746" 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
02047'02" 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 22°32'14" E, 303.76 FEET;
3) S 59024'34" E, 305.12 FEET; 4) N 63°43'14" E, 367.58 FEET; 5) S 48°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°15'35" 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.