Loading...
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 Return to: 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. L'--� Mark John o Mayor ATTEST:eKA 1 gam✓✓✓✓��® �J�i�! Oi SEAL Aime Brunckhorst, CMC = 1892 City Clerk e� M !li81�131i� 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.