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H3. Glacier Rail Park TEDD Boundary Adjustment - Ord 1811Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager S) V FROM: Jarod Nygren, Senior Planner SUBJECT: Targeted Economic Development District (TEDD) boundary amendment —Ordinance 1811 -first reading MEETING DATE: June 18, 2018 BACKGROUND: On April 18, 2016, Council established the 49-acre TEDD within the larger 104- acre Glacier Rail Park Development Plan by passing Ordinance 1770. Ordinance 1770 adopted the Glacier Rail Park Plan as a comprehensive development plan and established the Glacier Rail Park TEDD in the City of Kalispell. FCEDA would like to amend the current 49-acre TEDD boundary to encompass an additional 3.38-acres proposed to be annexed into the city. The Kalispell City Council, at their meeting on June 4, 2018 held a public hearing on the proposed TEDD boundary amendment. In the event that the Kalispell City Council determines that it wishes to amend the TEDD boundary, as outlined in staff report KRD-18-01, Ordinance 1811 needs to be adopted. Ordinance 1811 is an ordinance amending the 49-acre Glacier Rail Park TEDD boundary to encompass an additional 3.38-acres proposed to be annexed into the city. RECOMMENDATION: It is recommended that the Kalispell City Council adopt Ordinance 1811, an ordinance amending the 49-acre TEDD boundary to include 3.38-acres described as a tract of land located in Tract 2-A of Certificate of Survey 20637 in the NW4 of Section 8, Township 28N, Range 21 W, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1811 April 10, 2018, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk Return to: City Clerk City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 ORDINANCE NO. 1811 AN ORDINANCE AMENDING ORDINANCE NO. 1770, APPROVING A PROPOSED EXPANSION OF THE GLACIER RAIL PARK TARGETED ECONOMIC DEVELOPMENT DISTRICT [TEDD]. WHEREAS, on April 4, 2016 the City Council approved Resolution No. 5757 with a finding of necessity for the Glacier Rail Park Development plan; and, WHEREAS, on April 18, 2016 the City Council passed Ordinance No. 1770 adopting the Glacier Rail Park TEDD Plan and establishing the boundaries of the 49 acre TEDD; and, WHEREAS, the Flathead County Economic Development Authority [FCEDA], the owner of property within the Glacier Rail Park TEDD has petitioned to amend the Glacier Rail Park TEDD by annexing an additional 3.38 acres it now owns that is contiguous to the park into the TEDD; and, WHEREAS, pursuant to MCA 7-15-4214, on May 7, 2018 the Kalispell City Council passed Resolution No. 5867 stating its intent to expand the boundaries of the Glacier Rail Park TEDD and called for a public hearing; and WHEREAS, on April 10, 2018 the Kalispell Planning Board provided opportunity for public comment on the petition to amend the Glacier Rail Park TEDD boundary and hearing none, considered Staff Report KRD-18-01. The Planning Board thereafter passed its recommendation on to the City Council to approve the proposed boundary amendment; and WHEREAS, on May 21, 2018 and June 4, 2018, pursuant to its resolution of intent and after publication and mailing notice of such publication, the Kalispell City Council held public hearings and took comment on the petition to amend the Glacier Rail Park TEDD boundary; and WHEREAS, after reviewing all public comment and considering the complete record, the Kalispell City Council adopts Staff Report KRD-18-01 as findings of fact, concluding that expanding the boundaries of the Glacier Rail Park TEDD as petitioned is in the best interest of the City of Kalispell, its residents and taxpayers. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. The boundaries of the Glacier Rail Park Targeted Economic Development District [TEDD] shall be and is hereby modified to include that parcel described in Exhibit A attached hereto and made a part hereof. SECTION 2. This Ordinance shall be in full force and effect thirty (30) days after approval on second reading. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 2ND DAY OF JULY, 2018. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT A CITY OF KALISPELL ANNEXATION EXHIBIT LAND OWNER FL4THEAD COUN7Y ECONOMIC DEVELOPMENT AUTHORITY LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN TRACT2-A OFC.OS. No.20637 INTHE NWAOF SECTION B,T.28N.. R-21W- P.M.MO NTANA, FLATHEAD ODU NTY; MORE PART I OJ LAR LY DESCRIBED AS FOLLOWS: BEGINNING ATTHE WESTERLY MOST CORNER OF PARCEL A-1 OF SAID C.O.S. No. 20537, THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL A-1, THE FOLLOWING THREE (3)COURSES: 1¢ S54"'40'49r E. 4.12.52 FEET 2�ALONGATANGENT CURVE TO THE LEFT HAVING RADIUS OF 714-68 FEET, AN ARC LENGTH OF 442.75 FEET AND A DELTA ANGLE OF 35'29"44' ; 3) N 89'491.7' E, 641.01 FEET TO THE W EST LI NE OF TRACT SOF CGS. No. MaO; THENCE SOD"09`S7' E.28.38 FEET ALONG THE WEST LINE OF SAID TRACT 5: THE NCES 75'52'SW W, 144.95 FEET; THENCE S 67`23'07 W, 323.43 FEET; THENCE N 89'41'52° W. 188.64 FEET; THENCE N 74'15'35' W. 11899 FEET: THENCE N 62"30'51" W. 156.96 FEET; THENCE N 53'01'11 W. 151,01 FEET;THENCE N48'0321'' W, 534.06 FEET; THENCE NW4824' 1, 6.00 FEETTOTHE POINTOF BEGINNING. SAIDTRACT CONTAINS3.38ACRESMORE OR LESSAND ISSUIBJECTTD ALL EXISTING EASEMENTSAND DOCUMENTSOFRECORD. SEE DETAIL � .ram' •7,te. JN 581GF"1''.£" 1!' .•' r N aV-J0 "B1 ` Ili ' 15&96' Al ; 44^X5'J - Mr DETAIL 9 YJ .UEGffi-" ,mot i ,. rh Y i. JFprT 4N.EA 1'fa 111. fi✓F4''. F+ki' I IS'i90 BASIS CW BEARING. GEODE-nC NORTH: BASED UPON G.P.S. OBSERVATIONS AT N48'1Y28.86032" W114'18'19-59122'" ti O.S. No.j LEGEND 0 mr r" Rmkg W Y-P'.C. 1I'7IilLS' llL&CT 2-L 0 FOUND r MERAM Z/ Y.P.C. 79JSS �:.D.3. Too. 2088'd 0 FOUND Jr R1S MR ' Siv-C FOUND } SEC. COR. 3.25- ALUMINUM CAP 3DEI035 F.A.B. POINT OF 82GINNING NN KL) REQUEST•R INITIAL ZONING OF r UPON ANNEXATION STAFF • r • •- r • • r •• r - rr, BOUNDARY r REPORTSTAFF r t A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request to annex 3.38-acres into the city limits with an initial zoning designation of I- 2/PUD upon annexation, an amendment of the Glacier Rail Park TEDD boundary to include the 3.38-acres, and preliminary plat request for a seven (7)-lot subdivision of the Glacier Rail Park property. A public hearing has been scheduled before the Kalispell City Planning Board for April 10, 2018 beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION KLJ, on behalf of Flathead County Economic Development Authority (FCEDA) has submitted three applications associated with the continued development of the Glacier Rail Park. Annexation and Initial Zoning - As part of the development of the rail park FCEDA has acquired an additional 3.38 acres of land adjacent to their property to the north. The request would annex the 3.38 acres of land into the city with an initial zoning designation of 1-2/PUD. The area to be annexed is currently in the county and zoned county 1-2 (Heavy Industrial). The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. Targeted Economic Development District (TEDD) Amendment - The Glacier Rail Park has a 49-acre TEDD on the property. The TEDD was created as a component to the City's overall mission to meet its needs of promoting economic development, improving area employment opportunities and expanding the community's tax base. The City of Kalispell utilizes Tax Increment Financing as part of the overall strategy to provide infrastructure in support of value -adding industry pursuant to the 2013 Targeted Economic Development District Act, embodied in 7-15-4279, Montana Code Annotated (MCA). The TEDD provides the City of Kalispell the ability to employ tax increment financing as provided in 7-15-4282, MCA for appropriate public infrastructure projects in support of "value -adding industry or secondary value- added products or commodities" within the Glacier Rail Park Development Plan boundary. The request is to amend the TEDD boundary to include the 3.38 acres of Iand proposed for annexation, as outlined above. The request would increase the TEDD to approximately 52.38 acres in size. The 3.38-acre area to be included in the TEDD is located within the larger 104-acre Glacier Rail Park Development Plan boundary, thus the amendment was anticipated and is a logical expansion. Major Subdivision Preliminary Plat — The applicant is requesting a major subdivision of 44-acres into seven (7) rail -served lots and one (1) common area lot. The Kalispell City Council previously approved a major subdivision application on the subject property in 2014 for twenty (20) rail -served lots. As the project has progressed, FCEDA has determined that larger lots are more marketable than the smaller lots. Due to the fact the preliminary plat layout was significantly altered and an additional 3.38-acres is being annexed, a new subdivision application is required. The application request will be reviewed in accordance with Section 28.2.06 of the Kalispell Subdivision Regulations. A. Petitioner SOwner: Flathead County Economic Development Authority (FCEDA) 44 2nd Avenue West Kalispell, MT 59901 B. Location and Legal Description of Properties: The Glacier Rail Park is generally bound by Whitefish Stage Road to the West, Stillwater River to the north, BNSF tracks to the east and Oregon Street to the south. The legal description for the three different actions is as follows: The area to be annexed can be described as a tract of land located in Tract 2-A of Certificate of Survey 20637 in the NW4 of Section 8, Township 28N, Range 21W, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". The area to be included in the TEDD can be described as a tract of land located in Tract 2-A of Certificate of Survey 20637 in the NW4 of Section 8, Township 28N, Range 21W, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". ® The property to be subdivided can be described as Tracts 2 and 3 of Certificate of Survey 19246 and Tracts 4, 5, 6 and 7 of Certificate of Survey 18380 in the NW4 and NW4 NE4 of Section 8, Township 28N, Range 21W, P.M.M., Flathead County, Montana. C. Existing Land Use and Zoning: The Glacier Rail Park is currently under, construction and will soon be the home of CHS and Northwest Drywall, which are relocating from the Core Area of Kalispell. The 3.38-acre portion to be annexed was previously part of the Klinger Lumber post and pole production business where fence posts were stored. The current county zoning on the 3.38-acres is county 1-2 (Heavy Industrial). The Flathead County Zoning Regulations define it as, "A district to provide for industrial uses to accommodate heavy manufacturing, processing, fabrication, and assembly of parts or materials. It is also intended that the encroachment of non -industrial or unspecified commercial uses within the district be prevented." Permitted uses in this district include a variety of heavy industrial uses, including a railroad yard. The county's zoning code conditionall�r permits additional heave 2 industrial uses that tend to deal with handling or manufacture of dangerous or toxic materials, or produce excessive noise➢ such as an airport or motor vehicle race track. The remainder of the larger Glacier Rail Park is already within city limits and within an 1-2/PUD Zone, further outlined below. D. Proposed Zoning: The zoning for the Glacier Rail Park is I-2/PUD, which would be the appropriate zone for the 3.38-acres. The I-2/PUD zoning overlay was created specifically for Glacier Rail Park by Ordinance 1792. PUD's are intended to serve as an overlay zoning district that functions in concert with the underlying zones to provide a comprehensive, integrated development plan, which will serve to modify the underlying zone and guide future development. The I-2/PUD Zone on the Rail Park provides standards that are more appropriate for the industrial rail park. In addition to the standard 1-2 Zoning requirements, outlined below, the PUD overlay addresses the following: 1) Timing of building permit issuance; 2) Ability to gate the private road; 3) List of permitted uses on the property; 4) Allowable fence height; 5) Wayfinding signage; 6) Paving standards; 7) Landscaping standards; and 8) Standard for private roads serving a subdivision. The Kalispell Zoning Regulations state that the 1-2 zoning district is "intended to provide areas for heavy industrial uses to accommodate heavy manufacturing, processing, fabrication and assembling of products or materials. It is also intended that the encroachment of non -industrial uses within the district be prevented. This zoning district would typically be restricted to areas designated as industrial on the Kalispell Growth Policy Future Land Use Map." 1>0�1_3m The area to be annexed is an zoned 1-2/PUD is 3.38-acres. The TEDD Boundary amendment would include the 3.38-acres being annexed. The subdivision is 44-acres and includes area already in city limits. F. Adjacent Land Uses: North: Klinger post and pole production and Glacier Stone East: A commercial truck repair shop, E. Oregon Street and BNSF right-of-way. West: Whitefish Stage Road and vacant riparian area adjacent to a side channel of the Stillwater River South: Four residential properties, Greenwood Village RV Park and a small hotel. G. Adjacent Zoning: North: County 1-2 (Heavy, Industrial) East: County 1-2 (Heavy Industrial) West: County R- I (Suburban Residential) South: County R-5 (Two-family Residential) H. General Land Use Character. The general land use character of this area can be described as industrial. The active land uses in the area are a landscape stone supply company, a post and pole wood products manufacturing operation, and a commercial truck repair business. There are residential properties adjacent to the site on its southern boundary, but there is a significant topographic difference between the residential properties and the industrial area, with the residential properties sitting 20 to 30 feet above the industrial zone. There is also an RV park located just south of East Oregon Street. I. Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: Evergreen Disposal Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyLink Schools: School District #5, Edgerton Elementary Fire: City of Kalispell Compliance with the growth policy: The Kalispell Growth Policy, and specifically the "Core Area Plan" discusses the relocation of the railroad tracks from the Core Area. The applicable policies in the "Core Area Plan," that were adopted by the City Council in December 2012, include: 1. Work with the railroad to develop a seamless program to remove the tracks from the Core Area and provide a new rail terminus at the FCEDA rail -served industrial site. 2. The city should take the lead in coordinating with the current track users and the railroad for relocation of the businesses out of the Core Area for track removal. 3. A program should be developed for the relocation of existing rail dependent business out of the Core Area into the FCEDA rail -served industrial site as a preferred location. The 3.38-acres under consideration was purchased by FCEDA for the development of the rail -served industrial site. The annexation of the site into the city is a positive fulfillment of the Growth Policy and the supporting "Core Area Plan." In addition, to this cited goals, the city council adopted an annexation policy in 2011, with a corresponding map as an addendum to the city's growth policy document. The purpose of the annexation policy is to give the planning board, the council, and the development community direction when property owners 4 outside of the city limits are requesting municipal services and annexation. The property proposed for annexation falls inside the city's direct annexation boundary. 2. Municipal Services: Municipal services such as, streets, sewer and water mains, are all in the process of being constructed to serve the rail park, for which the 3.38-acre piece of land will be a part. A majority of the property is already located within city limits and served by the Kalispell Fire and Police Departments. 3. Distance from current city limits: The area to be annexed touches city limits on the southern boundary and is a logical extension of the larger Glacier Rail Park development. The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell Zoning Ordinance. Does the requested zone comply with the growth -policy? The Kalispell Growth Policy Plan -It 2035 designates the proposed PUD boundary as industrial. The I-2/PUD zoning on the property, which allows rail industrial parks as a permitted use, is consistent with the growth policy land use designation of the site as industrial. Additionally, the City of Kalispell Core Area Plan was adopted by the Kalispell City Council as an amendment to the Growth Policy Plan -It 2035. The Core Area Plan focuses on the redevelopment of the core area of Kalispell, which involves the relocation of the railroad tracks through town and construction of an industrial rail park. The Kalispell Growth Policy Plan -It 2035 and Core Area Plan has several goals that support the request: Growth Policy Plan -It. 2035, Chapter 4 - Business and Industry, states the following: GOAL #1 - Encourage the development and growth of prosperous commercial and industrial districts,, each with a viable mix of business, suitable infrastructure, and a coordinated development pattern that reduces business costs and increases small business opportunities. GOAL # 6 - Provide adequate areas within the community for commercial and industrial development that meets the needs of present and future business in terms of cost, type, design and construction. POLICIES (Industrial Districts, d.) - Continue to work with the Flathead County Economic Development Authority on the development of the Glacier Rail Park into a rail served industrial park. Core Area Plan, Chapter 4 — First steps states the following: # 1 - Burlington Northern Sante Fe (BNSF) Railroad track relocation. a. Identify businesses using rail access in Kalispell, i.e. CENEX and Northwest Drywall b. Meet with each rail depended business to determine needs and expectations should rail be removed in Kalispell. c. Develop a partnership and plan with each existing business having rail service to accommodate the loss of rail service in Kalispell. 2. Will the reg ested zone have an effect on motorized and nonmotorized transportation systems? The requested annexation of 3.38-acres and initial zoning of I-2/PUD will not have a negative effect on the motorized and nonmotorized transportation systems. The annexation and initial zoning simply re -aligns the northern property boundary of the Glacier Rail Park allowing for a linear access road into the development, which will create a safer more efficient route for the trucks that will be regularly using the site. 3. Will the requested zone secure safety from fire, Panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. All municipal services including police and fire protection, water, and sewer service will be made available to the area. 4. Will the requested zone promote the public health, safety and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those that would be compatible with the adjoining properties. 5. Will the requested zone provide for adequate light and air? Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. 6. Will the requested zone promote compatible urban growth? The requested 1-2/PUD Zoning District allows the property to be developed as an industrial rail park, which is consistent with its past and current use as a gravel pit. The I-2/PUD Zoning District maintains and is compatible with the established land use pattern in this area which is a mixture of industrial uses. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks,.. and other public requirements? Public services and facilities are in the process of being extended into the property for the development of the Glacier Rail Park. The requested use will create no impact on park or school facilities. 8. Does the requested zone give consideration to the-oarticular suitability of the property for particular uses? The proposed I-2/PUD Zoning District is consistent with the surrounding industrial character of the area. The requested I-2/PUD Zoning District gives due consideration of the suitability of this property for the permitted uses in the zoning district. 0. Does the requested zone give reasonable consideration to the character of the district? The general character of the area is industrial. By assigning the property with the 1-2 / PUD Zoning District the development of this property will be consistent with the industrial character of the area and the zoning placed on the Glacier Rail Park currently under construction. The proposed zoning is also consistent with County I-2 zoning designation of the properties to the north. 10. Will the requested zone avoid undue concentration of people? There will be minimal impact with the requested zone, as the property being zoned is only 3.38-acres of what will ultimately be a 44-acre rail park. The 3.38-acres allows for flexibility in site design and utility layout, but would not significantly increase the number of people onsite. 11. Will the proposed zone conserve the value of buildings? The value of the industrial area will increase with the establishment of new railroad lines into the park and connections to the existing BNSF right-of-way to the east. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? Industrial development should be encouraged in areas where services and facilities are reasonably available. In this case water and sewer lines are located within a short distance of the property. The proposed zoning is consistent with the city growth policy future land use designation and is compatible with current county zones and uses. III. GLACIER RAIL PARK TARGETED ECONOMIC t. BOUNDARY On April 4, 2016, the council approved Resolution No. 5757. Resolution 5757 was a resolution of necessity finding that the Glacier Rail Park Development Plan area is deficient in necessary infrastructure improvements, that the City lacks sufficient capital to rectify the infrastructure deficiency of the subject property, thus impeding its ability to achieve economic growth though the development of value -adding industries, and that infrastructure improvements of the subject area is necessary for the welfare of the residents. Subsequently, the council, after a duly noticed public hearing on April 18, 2016, established the 49-acre TEDD within the larger 104-acre Glacier Rail Park Development Plan by passing Ordinance 1770. Ordinance 1770 adopted the Glacier Rail Park Plan as a comprehensive development plan and established the Glacier Rail Park TEDD in the City of Kalispell for the purpose of developing necessary infrastructure within the plan boundary to encourage the location and development of value -adding industries; established the costs which may be paid by the district created by the ordinance, established the boundaries of the TEDD; and established January 1, 2016 as the base taxable year for the TEDD. The City of Kalispell in conjunction with FCEDA is seeking to foster the development of secondary, value adding industries within the Glacier Rail Park Development Plan area as part of the city's overall mission to meet its needs of promoting economic development, improving area employment opportunities and expanding the community's tax base. This effort is being made possible through the Glacier Rail Park Targeted Economic Development District (TEDD) on 49 acres of land within the larger 104-acre Glacier Rail Park Development Plan boundary. FCEDA would like to amend the current 49-acre TEDD boundary to encompass the additional 3.38-acres being annexed into the city. The additional 3.38-acres is well within the Glacier Rail Park Development Plan Boundary. The Glacier Rail Park Development Plan anticipated additional properties annexing into the city and states the following in support of the requested amendment: There is 55 acres of adjacent land currently within Flathead County. This 55 acres will not be located within the TEDD,- however, this plan is taking into account this 55 acre area due to the likelihood of the property owners petitioning to annex into the City. It is anticipated that the development of the infrastructure within the TEDD will catalyze redevelopment of industrial land adjacent to the TEDD, which will benefit from the improved infrastructure and increased visibility. In order for these properties within the County to _fully develop, infrastructure will need to be provided. Accordingly, if at a future date properties outside of the designated TEDD would like to be included in the Rail Park, this plan would leave open the possibility of the TEDD being expanded into those properties. This is further illustrated in the FIGURE below: The City of Kalispell utilizes Tax Increment Financing as part of the overall strategy to provide infrastructure in support of value -adding industry pursuant to the 2013 Targeted Economic Development District Act, embodied in 7-15-4279, Montana Code Annotated (MCA). The TEDD provides the City of Kalispell with the ability to employ tax increment financing as provided in 7-15-4282, MCA for appropriate public infrastructure projects in support of "value -adding industry or secondary value-added products or commodities." Section 7-15-4213(1) states that "Prior to the approval of an urban renewal project, the local governing body shall submit the urban renewal project to the planning commission of the municipality for review and recommendations as to its conformity with the comprehensive plan or parts thereof for the development of the municipality as a whole." Further, Section 7-15-4213(2) states, "The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 60 after receipt of it." Subsequent to receiving the recommendation of the planning board, the council will schedule a public hearing on the matter. All property owners within the proposed district will be notified by mail. This notice will include the date and time of hearing, area proposed for urban renewal and a general scope of the plan. In the event that the council determines that it wishes to amend the Glacier Rail Park TEDD boundary to include the 3.38-acres, it must first pass a resolution of necessity setting forth its findings that certain facts exist to support the amendment of the boundary of such a tax increment district. The resolution of necessity would include a public hearing on the proposed amendment, as mentioned above. Based upon the background evidence presented in this report, and further outlined in the Glacier Rail Park Development Plan, the following findings would be appropriate for an amendment of the TEDD boundary to include the 3.38-acres: a. The document entitled the "Glacier Rail Park Development Plan" was adopted by the City of Kalispell by Ordinance 1770 as a comprehensive development plan as such plan identifies the use and purpose for which a Targeted Economic Development District [TEDD] was created for this land area, including the 3.38-acres of land for which this amendment is predicated; and; b. The property upon which the Glacier Rail Park will be developed is deficient in the infrastructure necessary to encourage and retain value -adding industry within the rail park; and c. The property upon which the Glacier Rail Park will be developed has been designated to be within an Economically Distressed Area in part due to a decline in the traditional industries of timber, mining and aluminum production; and d. Upon approval of the annexation and initial zoning of the 3.38-acre property to 1-2/PUD, the property is zoned for purposes consistent with the Glacier Rail Park Development Plan and said zoning is consistent with the City of Kalispell Growth Policy; and e. The property upon which the Glacier Rail Park will be developed consists of a continuous area with an accurately described boundary and is not included within an existing tax increment financing district; and f. The Glacier Rail Park Development Plan is specifically of the size and design to host a diversified base of multiple independent tenants; and g. The property upon which the Glacier Rail Park will be developed meets the state statutory criteria for the creation of a TEDD. In the event that the Kalispell City Council determines that it wishes to approve the Resolution of Necessity, the following step would be for the council to consider passing an Ordinance amending the TEDD boundary. I-Xt �11RVJIWMOMJ'113110 fit, AUN- The proposed seven (7) lot subdivision is being proposed by 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 Kalispell City Council previously approved a major subdivision application on the subject property in 2014 for twenty (20) rail -served lots. As the project has progressed, FCEDA has determined that larger lots are more marketable than the smaller lots. Due to the fact the preliminary plat layout was significantly altered and an additional 3.38-acres is being annexed, a new subdivision application is required. 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 1st Ave E and 40, Street W. The distance is approximately 1.3 miles. Flooding: According to Flood Insurance Rate Map, panel 30029CI810J, dated November 4, 2015, a small portion of the northwest comer 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. 10 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 comer 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 endangered species by the conversion of the site from a gravel pit to a rail yard" Upgrades, including stormwater retention being constructed to city standards will improve the overall stormwater function of the site, resulting in improved water quality. Surface and gKoundwater: The nearest surface water is the Stillwater River, which runs from west to cast north of the property. The property spans the river at its northwest comer, 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 storm drainage system at the northeast comer of the property along East Oregon Lane, which was part of final design approved by the Public Works Department and currently under construction. 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 in the process of extending water and sewer service to the property down East Oregon Street and East Oregon Lane, which was part of their final design approved by the City of Kalispell Public Works Department. 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 the process of being 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. East Oregon Street and East Oregon Lane do not currently meet city standards. These roads are in the process of being upgraded to city standards based on a design that was approved by the Kalispell Public Works Department. Additionally, the Glacier Rail Park PUD includes the following regulations applicable to the roads in the development: a. Kalispell Subdivision Regulations Section 28.3.13: The PUD overlay would clarify the potential ability to gate the private road at the intersection with Whitefish Stage. For multiple reasons it is appropriate for the road through the property to be gated. First, the road through the development will be private. FCEDA will be in charge of maintenance of the road. The gate will need to be reviewed by both the Kalispell Fire Department and Kalispell Police Department, assuring adequate access to the site in case of emergency. Second, the development is industrial, which means there will regularly be heavy equipment, trucks, etc. using the road, creating potential for conflict with the general public. Third, all of the traffic within the development will be routed east toward the new intersection of U.S. 2 and Flathead Drive. No truck traffic will be entering the development from Whitefish Stage due to the current condition of Whitefish Stage, which would need improvements if truck traffic were regularly using it. Fourth, if there is not a gate the road will become an easily accessible cut across on the east side of town. If the road were accessible to the public, more traffic would use Whitefish Stage further extenuating its limitations, as highlighted earlier. b. Kalispell Subdivision Regulations 28.3.14(A)(4): Requires that the 60' right-of-way be public and that the right-of-way have sidewalks on both sides. The PUD overlay would allow for the 60' rail park access road right -of way to be private and not have sidewalks on either side. If the rail park access road is maintained as public there are maintenance concerns due to the industrial type traffic that will regularly be using it. With the rail park access road being private it will be entirely up to the FCEDA to maintain it. With the rail access road being private it allows for the access to be gated, as outlined above. A public road would need to be open to the public, at which time it would become an easily accessible cut across on the east side of town. A large amount of public traffic using the rail access road would extenuate the issues with the intersection of Whitefish Stage and the intersection of Montclair. At this time, these intersections have not been designed to handle additional traffic other than what will be generated by the rail park. Since the development is an industrial rail park there will regularly be heavy equipment, trucks, etc. using the rail access road and approaches into the site., creating potential for conflict with the general public. For this reason, it is not appropriate for pedestrians to be walking the subject property, thus eliminating the need for sidewalks which would encourage pedestrian access into the site. S 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: The Kalispell Police Department can adequately provide service to this subdivision. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. The fire access and water service are in the process of being constructed and will be completed prior to fined 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. FCEDA, may to switch their service provider to the City of Kalispell at sometime in the future. In either case, there is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. 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 property being subdivide is located within an I- 2/PUD Zoning District. The Planned Unit Development overlay 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 1-2 zone to be included as permitted uses within the PUD overlay, excluding telecommunication 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. The submitted preliminary plat application is in compliance with all applicable zoning regulations. H. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations and no variances have been requested with this application. The PUD overlay 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. c. 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. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA- 18-01 as findings of fact and recommend to the Kalispell City Council that the 3.38-acre property be annexed and the zoning for the property be 1-2/PUD. Staff would recommend the Kalispell Planning Board adopt staff report #KRD-18- 01 and forward the proposed amendment to the Glacier Rail Park Targeted Economic Development District boundary to the Kalispell City Council for review and approval. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KPP- 18-04 as findings of fact and recommend to 14 the Kalispell City Council that the preliminary plat for Glacier Rail Park be approved, subject to the conditions listed below: 3�1 - ��* MINIMISM 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. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. S. All applicable conditions within Ordinance 1792 (Glacier Rail Park PUD) shall apply. 4. 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. 5. 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. 6. 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. No sidewalks are required per Ordinance 1792. The private access road shall continue to provide access to the properties to the north of the subdivision per an casement stated on the face of the final plat. .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. 15 S. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement (Flathead Drive west of rail ROW, 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. 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. 10. The intersection of Flathead 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. 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. 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. 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. 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 T11 standards for design and construction. If public utilities are located internal to the site, they shall be located within the private roadway area. 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. 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. 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. 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 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. On -going conditions: 20. All utilities shall be installed underground. 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 17 disturb the native vegetation, impede the flow of surface water, or impact the 100-year floodplain. UM Planning Department 201 1" Avenue East RECEIVED Kalispell, NIT 59901 Phone: (406) 758-7940 FEB 0 2-2018 Fax: (406) 758-7739 wiviy.kalisnell.com/nlan4taenc.!.L PLANNING DEPARTMENT PETITION FOR ANNEXATION AND INITIAL ZONING NAME OF APPLICANT: Flathead County Economic Development Authority MAIL ADDRESS: 44 Second Avenue West CITYISTATE/ZIP: Kalispell, MT 59901 INTEREST IN PROPERTY: Industrial Rail Park Other Parties of Interest to be Notified: PARTIES OF INTEREST-. MAIL ADDRESS:---- PHONE- (406) 257-7711 CITY/STATE/ZIP: PHONE. INTEREST IN PROPERTY: PLEASE COMPLETE TIIE FOLLOWING: Address of the property-, Evergreen Legal Description: Parcel A - - - (Lot and Block of Subdivision; Tract #) Section 8, T.26N., R.21W (Section, Township, Range) (Attach metes and bounds as Exhibit A) Land in project (ac). 3,38 Current estimated market value $150,000 at 50% build out See comment below at 100% build out See comment below Is there a Rural Fire Department RSID or Bond on this property Yes- No X If yes remaining balance is S ___. _ _ _ _ The present zoning of the above property is: County - Industrial The proposed zoning of the above property is: 1-2 — State the changed or changing conditions that make the proposed amendment necessary: Subject property will be developed into a Rail Industrial Park, utilizing city services. Market Value Comment - Land purchased primarily for road easement The signing-okiris "i ication signifies that the foregoing information is true and accurate based upon the _ P10, best information available nd further grants approval for Kalispell Planning staff to be present on the property for routine inspectio during the annexation process. -MI icaift (Date) Return to; Aimee Brunckborst Kalispell City Clerk P.O. Box 1997 Kalispell, MT59903 PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality, Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-24610, M.C.A. since the parties are in agreement as, to the provision of municipal services to the property requested to be annexed. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the Evergreen Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated, and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioner(s) further agrec(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owrters of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste serVGe-s-7—M--CA,7-2-4736 prohibits the city from providing solid waste services to this propery for a minimum * years from date of annexation. Date itioner/Owner Date NOTE: You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. STATEOF MONTANA 1!R County of Flathead County On this day ofnuo-oA —,LA—S, before me, the undersigned, a Notary Public for the State of Montana, personally apyeared Owt�,r1gkVZ known to me to be the person whose name is subscribed to the foregoing instrument an 6cknowlt.*ed to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and al'tixed my No Sea] y and year in this certificate first above written. Rua LARA RUSSELL NOTARY PUBLIC 10 do Notary Public, State of Matt na ftb .. lf3LA,6 of Montana Printed Name ;U SEAL PAWft at Kal**I, Montm Residing at , loo-c-u , . M My Commkalon2021 E;*" MyCommissionexpire's: U7?,1-2r)?—j 26) ss County of Flathead County On this day of , _, before me, the undersigned, a Notary Public for the Slate of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that be/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seat the day and year in this certificate first above written. Notary Public, State of Montana Printed Name Residing at My Commission expires: EXHIBITA CITY OF KALISPELL ANNEXATION EXHIBIT LANDOWNER: FLATHEAD COUNTY ECONOMIC DEVELOP44ENT AUTHORITY LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN TRACT 2-A OF C.O.S. No. 20637 IN THE NWj OF SECTION 8, T.28N., R.21W., P,M.MONTANA, FLATHEAD COUNTY; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF PARCEL A-1 OF SAID CO.S. No. 20637, THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL A-1, THE FOLLOWING THREE (3) COURSES: 1) S 54'40'49" E, 412.52 FEET, 2) ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 714.68 FEET, AN ARC LENGTH OF 442.75 FEET AND A DELTA ANGLE OF 35*29'44"; 3) N 89'49'27" E, 642.02 FEET TO THE WEST LINE OF TRACT 5 OF C.O.S. No, 18380; THENCE 5 00*09'57" E, 28.38 FEET ALONG THE WEST LINE OF SAID TRACT 5; THENCE 5 75'52'58" W, 144.95 FEET; THENCE 5 67.23-07 W, 323.43 FEET; THENCE N 89'41'52" W, 188.69 FEET; THENCE N 74-15-3S" W, 118.99 FEET; THENCE N 62'30'51" W, 156,96 FEET; THENCE N S3'01'11 W, 151.01 FEET; THENCE N 48-03'21" W, 534.06 FEET; THENCE N 63*48'24" E, 6.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 3.38 ACRES MORE OR LESS AND IS SUBJECT TO ALL EXISTING EASEMENTS AND DOCUMENTS OF RECORD. Y.. '48'24 E SEE DETAIL 0�4 PAR C C.O.s mo 2tilI7 mill", 28, .75' -',N 88'4g'27" E 642.02' S 00*09'67" E N AREATO HE 28,36' ANNEXED 3 -18 ACRES s *52 pr, N 62'3051 144. S 67'ZJ'07" fffr N 16814.1152" If Fir N 2 I 161. gg, "r 2-A I. CO S. Na.20637 DETAIL5aa E Pam 10 -------- ------ ren N 63*4824" E 6.00, BASIS OF BEARING: P.O.B. GEODETIC NORTH: BASED UPON G.P.S. OBSERVATIONS AT N48*12'28.86032" 0 W114'18'19.59122" CEL A— I 'LEGEND O.S. No. 20637 i0 SET r' MAR W/ Y.P.C. 177941S TRACT 2—A POUND REBAR W/ Y.P.C. 7976S C.O.S. No. 20637 FOUND REBAR 6;FOUND SEC. COR. 3.25" ALUMINUM CAP IOBOSS P.O.B.POI NT OF BEGINNING yawn y Project Ha.jpKQ J. Stefanik T'Stefanik 15414035.1 1"'�I/30= J- 30, 2018 - 10:40.. - Ex WRIO0180129 EXHIBIT B CITY OF KALISPELL ANNEXATION EXHIBIT LAND OWNER: FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY (FCEDA) LEGEND " EXISTING FCEDA ANNEXATION TO THE CITY OF KALISPELL PROPOSED FCEDA ANNEXATION TO THE CITY OF KALISPELL N 0 M I IC Ls Feel < C KLI I Planning Department 201 lat Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/ planning MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION FEE SCHEDULE: FEE ATTACHED $1,750 Major Subdivision (6 or more lots) $1,000 + $125/lot Major Subdivision ResubMiLtal $1,000 For each original lot unchanged add $10/lot For each lot redesigned/ added add $125/lot Mobile Home Parks a 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: Glacier Rail Park OWNER(S) OF RECORD: Name Flathead County Economic Development Authority Phone (406) 257-7711 Mailing Address 247 1 st Avenue East City Kalispell State MT _ _Zip 59901 TECHNICAL/ PROFESSIONAL PARTICIPANTS (Surveyor/Designer/ Engineer, etc): Name & Address KLJ, 1830 3rd Ave. East, Kalispell, MT 59901 Name & Addre Name & Address LEGAL DESCRIPTION OF PROPERTY: Property Address Kalispell Assessor's Tract No(s) 4. 58A, 5B, 5AA,30S, 301B, 4, 301CA Lot No(s) 1-7 1/4 Sec NW&NWNE Section 8__ Township 28N Range 21W GENERAL DESCRIPTION OF SUBDIVISION: Number of Lots or Rental Spaces 6 Total Acreage in Subdivision 44.07 t Total Acreage in Lots 23,67 - Minimum Size of Lots or Spaces 3,16 Total Acreage in Streets or Roads— Maximum Size of Lots or Spaces — Total Acreage in Parks, Open Spaces and/or Common Areas 20.40 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family Townhouse ---- Mobile Horne Park Duplex Apartment Recreational Vehicle Park Commercial Industrial X Planned Unit Development -- Condominium Multi -Family -- Other APPLICABLE ZONING DESIGNATION & DISTRICT 1-2/PuD ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS-!I.O-10,000 IMPROVEMENTS TO BE PROVIDED: Roads: Gravel —Paved x —Curb X Gutter .1 Sidewalks -�—Alleys _Other Water System: Individual User ---,Neighborhood -Public x_--Other Sewer System: Individual ---Multiple User --Neighborhood —'Public' ---Other Other Utilities: Cable TV Telephone —Electric X Gas x Other Solid Waste: Home 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: NIA EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE WITH REGULATIONS NIA PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: NIA KO PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: I. Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? NIA 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? 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc.) that create the hardship? N/A S. What other conditions are unique to this property that create the need for a variance? N/A 93 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. Completed preliminary plat application. 2. 4 copies of the preliminary plat. 3. One reproducible set of supplemental Information. (See Appendix A of Subdivision Regulations for the city where the subdivision is proposed.) 4. One reduced copy of the preliminary plat not to exceed I I" x 17" in size. 5. Electronic copy of the application materials, including the preliminary plat, either copied onto a disk or emailed to p Ian ninga,kali spell. con (Please note the maximum file size to email is 20mg) 6. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. 7. Application fee based on the schedule on page 1 of this application and made payable to the City of Kalispell. 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 fo outine monitoring and inspection during the approval and development process. (Applicant) (Date)/ M of z i z a m n 5 0. 0Z, z x�rZ _ F croo A ti � 0Z=V, � ac'oe4 sac � z wa �z gaa�� gut 40 IL Lup CtlOCO �s� y o�pdo I mG } z �R 1+1 �'E�4hkW �Y� ZmsiD I I � mp>ad a /FBIC- tea%XZ hI 4 _ �q ..IN aFgQ p, a"ti c4iu ��� io ��Am y `` I5 o"pptC N ap US m oUW+UUzi16K E N omY EryF a awoG i I EUz.r4 S C `�'FFO it mn p5 q�COgW �ZU's� Nd m N w 0.E�tx+M.yy��p��,F -.:2HN yy. z Y0.y i io Wyfi I �'sFn�F uF �o Evm c''" off. mmmm � ocm c� " �} azz� I. a� a���a�oa �Rx wcu o 0 4 $C cuN 1 ( u<x? m 2 s,?Mo�o�4d,- oe .. ,5,mr'dS5�E�e""�gaem' xiFwmhmC�m x F� omF� ����.-.W�y y HziF w.,^`tea 6 qx a ` F`-' mac`iz�' 4m-KQG Ga , °i4 CEO o�G-3 ['.' m fF zy mZ �m 4�p�pm ¢o.WZp�mF(YjaFy met L H Py p N sV_gFi -<, o.'�ImI.FUL"•�ip`o N,.aZ - b y`' m� �mf: uw�omzµw� K E'µ.T m p �'�' si � �av% �r Z ow`-i�utiec',�'�O<�o- m'BO�Zp my��if-n_ n ya:� KLwpi g�'Y 3R ,435 15 p. Z pmr- Z Na oFOZG4< iv.a YSa¢ a$a Vr,�.«qw go y t E zt _ �.-.._ lS. �I >•-_ _- ��-3cr �.. ..-. � �. ..r F-. -. r �__ .,. __ - >.s� Ts T..... .> _-x� z z = SHP O Lit Al NOTICE IS HEREBY GIVEN that the City Council of the City of Kalispell, Montana (the "City") will meet on May 21, 2018, and on June 4, 2018, at or after 7:00 o'clock p.m. in the Council Chambers at City Hall, 201 First Avenue East, Kalispell, Montana, and shall hold public hearings to receive evidence from the public regarding its intent stated in Resolution No. 5867. Pursuant to Resolution No. 5867 the City Council will consider expanding the boundaries of the Glacier Rail Park TEDD to include an additional 3.38 acres owned by the Flathead County Economic Development Agency that is contiguous to the Glacier Rail Park TEDD for all purposes consistent with the approved Glacier Rail Park TEDD Plan. A map of the proposed modified boundaries is available for inspection on-line at www.kalisDell.com under Mayor and City Councilfupcoming Agenda or contact the City Clerk at City Hall, telephone (406) 758-7756. Written comments may be submitted to the City Clerk at the above noticed meetings, or prior to the meeting either by mail at P.O. Box 1997, Kalispell, MT 59903, by email at cityclerkOkalispell.com or in person at City Hall, 201 First Avenue East. Aimee Brunckhorst, CC City Clerk Publish: May 20,2018 May 27, 2018 KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING April 10, 2018 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:04 p.m. Board members present were: Chad Graham, George Giavasis, Doug Kauffman, Rory Young, Kurt Vomfell, Ronalee Skees and Christopher Yerkes. Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Giavasis moved and Kauffman seconded a motion to approve the minutes of the March 13, 2018 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. PUBLIC COMMENT None. BOARD MEMBER SEATED Young recused himself from Fenn Way because he is representing the applicant. i"T"i' `•V' k Y A request from Marty Crevier for annexation of 10.5-acres of land into the city with an initial zoning designation of B-1 (Neighborhood Business) upon annexation. The property is currently in the county and zoned county I-2 (Heavy Industrial). The property is generall� located at the southern terminus of Fenn Way and western terminus of 2° Street West. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report #KA-18-03. Nygren went over the project including location, land uses, zoning and potential uses within the proposed zone. Staff recommends that the Kalispell City Planning Board adopt staff report #KA-18-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be B-1 (Neighborhood Business). BOARD DISCUSSION None. PUBLIC HEARING Rory Young — Jackola Engineering, 2250 Hwy 93 S - representing applicant; offered to answer any questions the board may have. MOTION Kauffman moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-18-03 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be B-1 (Neighborhood Business). BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. BOARD MEMBER SEATED Young returned to his seat. GLACIER RAIL. PARK KI J, on behalf of Flathead County Economic Development Authority ANNEXATION, BOUNDARY (FCEDA) has submitted three applications associated with the continued :AMENDMENT, PRELIMINARY development of the Glacier Rail Park. The Glacier Rail Park is generally PLAT bound by Whitefish Stage Road to the West, Stillwater River to the north. BNSF tracks to the east and Oregon Street to the south. Kalispell City Planning Board Minutes of the meeting of April 10. 2018 Page I 1 STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report #KA- 18-0 1, KRD- 18-01 and KPP- 18-04. Staff recommends that the Kalispell City Planning Board adopt staff report #KA-18-01, KRD-18-01 and KPP-18-04 as findings of fact and recommend to the Kalispell City Council that the annexation, TEDD boundary amendment and preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Young asked about condition #22 and why that particular area is being singled out. Nygren advised it's a carryover condition from the previous plat and that area is to remain undeveloped as a requirement for the Tiger Grant, as the area is wetland. Young asked if all of the upgrades to the streets, sidewalks and boulevards had to be completed before final plat. Nygren advised that they will have to be complete. Kauffman inquired as to why lots 6 & 7 have not been aggregated into one lot. Jentz explained that the lots have different owners at this time but it is in the process of being aggregated into one lot with one owner. PUBLIC HEARING Dawn Marquardt — 935 E Oregon St — Commented on condition #4 & 5, she is concerned about the commercial truck traffic and that there should be additional signage put up to ensure that they stay off of the roads indicated in these conditions. MOTION — ANNEXATION Voinfell moved and Kauffman seconded a motion that the Kalispell City (KA-18-01) Planning Board and Zoning Commission adopt Staff Report #KA-18-01 as findings of fact and recommend to the Kalispell City Council that the 3.38 acre property be annexed and the zoning for the property be 1-2/PUD. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION — BOUNDARY Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning AMENDMENT (KRD-18-01) Board and Zoning Commission adopt Staff Report #KRD- 18-01 as findings of fact and forward the proposed amendment to the Glacier Rail Park Targeted Economic Development District boundary to the Kalispell City Council for review and approval. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION — PRELIMINARY PLAT Skees moved and Kauffman seconded a motion that the Kalispell City Planning (KPP-18-04) Board and Zoning Commission adopt Staff Report #KPP-18-04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for the Glacier Rail Park be approved. subject to the conditions listed in the staff report. BOARD DISCUSSION Kauffman inquired about the signage concern that was mentioned during the public hearing. signage Nygren explained the current e plan and Jentz advised C� C - that the city streets and sign department will reevaluate as the project progresses. ROLL CALL The motion passed unanimously on a roll call vote. Kalispell City Planning, Board Minutes of the meeting of April 10. 2018 Page 12 A request from Jeremy Peterson to amend the city zoning map from R-3 (Residential) to RA-1 (Residential Apartment). The zoning map amendment would allow for the development of two-family residential housing which is consistent with the zoning and existing residential developments adjacent to the subject property to the north. The property is located at 435 College Avenue. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report #KZC-1 8-01. Nygren went over the project including the existing zoning, proposed zoning, and existing land uses. Nygren informed the Board that there had been a number of public comment letters received in opposition to the proposed zone change. Staff recommends that the Kalispell City Planning Board adopt staff report #KZC-18-01 as findings of fact and recommend to the Kalispell City Council that the subject property be zoned R-3 (Residential) be zoned to RA-1 (Residential Apartment), BOARD DISCUSSION Graham inquired about the reason for the zone change. Nygren advised because of the density requirements. The R-3 Zone has half the density than the RA-1, which would allow for the construction of two-family housing. Graham then asked about going with an R-4 zone and the density requirements. Nygren advised that R-4 is very similar to RA-1 in regards to density requirements, building heights, setbacks, etc. The permitted uses are the same as well, however, the R-4 zone does not allow for multi -family development like the RA-1 does., which has been a neighborhood concern. He went on to say that the reason the applicant did not consider R-4 originally is because there are no other R-4 zones around the property and was simply extending the existing RA-1 Zone abutting the property to the north. PUBLIC HEARING Tim Norton — 420 Sylvan Dr. — concerned with character and density of the surrounding area and compatibility with the existing neighborhood. He feels that an R-4 zone would be more compatible. Thomas Marx — 401 Sylvan Dr. — opposed to zone change proposal, feels it should stay single family residence, he is concerned with the additional traffic more density will bring. Edna Green — 441 College Ave. — opposed to additional density and concerned with flooding that may occur once the subject property is developed because the street has sunk. Dennis Schwenk — 501 Sylvan Dr. — opposed to zone change and additional density that would be allowed with the RA- I Zone and multi -family. Jeremy Peterson — applicant — 435 College Ave — advised that the intention is to build townhomes and/or duplexes not multi -family. MOTION — ORIGINAL Skees moved and Giavasis seconded a motion that the Kalispell City Planning 4- (R-3 TO RA-1 ZONE) Board and Zoning Commission adopt Staff Report #KZC- 18-01 as findings of fact and recommend to the Kalispell City Council that the subject property be zoned R-3 (Residential) be zoned to RA-1 (Residential Apartment), BOARD DISCUSSION Kauffman inquired about the current conditions of the streets and if they were up to standard. Nygren advised they are not and that upon development of the subject property the street directly in front of it would have to be brought up to current standards but not he surrounding streets. Graham advised he does not Kalispell City Planning Board Minutes of the meeting of April 10, 2018 Page 13 agree with the proposed RA-1 zoning. He feels townhomes would be appropriate for the area not multi -family. Jentz explained that the applicant does not intend on putting in multi -family, he intends on putting in townhomes and/or duplexes so he would not be opposed to an R-4 zone. Staff also clarified that although there is no other R-4 Zoning in the area it would not be considered a spot zone due to the fact that the zone is similar to the neighboring RA-1 Zone in regards to allowable uses, heights, setbacks, etc. and it would be in compliance with the growth policy. MOTION — AMENDED Graham moved and Skees seconded a motion to amend Staff Report (R-3 TO R-4) #KZC-18-01 to state that the zoning be changed from R-3 (Residential) to R-4 (Residential) instead of RA-1 (Residential Apartment). BOARD DISCUSSION None. ROLL CALL — AMENDED The amended motion passed unanimously on a roll call vote. ROLL CALL - ORIGINAL The original motion passed unanimously on a roll call vote. ROCKWOOD RANCH R. Ranch Developments, LLC is requesting permission to annex a 90-acre ANNEXATION, PUD AND property into the city. Upon annexation the applicant is requesting an R-3 PRELIMINARY PLAT Zone with a Planned Unit Development (PUD) zoning overlay and major subdivision approval for a residential subdivision. The development will consist of 209 residential lots, 3.2-acres of neighborhood commercial, parkland and storage facilities. The property is undeveloped tract land located at the southeast intersection of Three Mile Drive and W. Springcreek, north of Two Mile Drive and southwest of the Springcreek Estates Subdivision. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed Staff Report #KA-18-02, KPUD-18-01 and KPP-18-02. Nygren presented the proposed project including the zoning, growth policy, conditions and layout. Staff recommends that the Kalispell City Planning Board adopt staff report #KA-18-01, KPUD-18-01 and KPP-18-02 as findings of fact and recommend to the Kalispell City Council that the annexation, planned unit development and preliminary plat be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham asked staff for clarification on the temporary construction road and what guarantee there is that construction crews will only use this road. Nygren advised there is not guarantee but this will help minimize the use of the public roads through Spring Creek Estates. The developer should be sure to coordinate those efforts. Young inquired about the existing traffic studies already in place for the existing subdivisions and if those will be taken into account for this subdivision. Nygren advised Public Works will take into account all of them. PUBLIC HEARING Bruce Lutz — WGM Group — 431 1" Ave W — representative for applicant; clarified for the board the changes that were made since the last meeting and that the RV parking may be removed entirely but they have not decided at this time. MOTION Giavasis moved and Kauffman seconded a motion that the Kalispell City ANNEXATION (KA-18-41) Planning Board and Zoning Commission adopt Staff Report #KA-18-02 as findings of fact and recommend to the Kalispell City Council that the initial Kalispell City Planning Board Minutes of the meeting of April 10. 2018 Page 14 zoning for this property upon annexation be R-3 and B-1. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Kauffman moved and Skees seconded a motion that the Kalispell City Planning PUD (KPUD-18-01) Board and Zoning Commission adopt Staff Report #KPUD-18-01 as findings of fact and recommend to the Kalispell City Council that the planned unit development for Rock -wood Ranch be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. MOTION Vomfell moved and Skees seconded a motion that the Kalispell City Planning PRELIMINARY PLAT (KPP-18-02) Board and Zoning Commission adopt Staff Report #KPP-18-02 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Rockwood Ranch be approved, subject to the conditions listed in the staff report. BOARD DISCUSSION Young asked if on condition #23 the wording should be changed to state that two-thirds of each phase must be completed. Nygren clarified that as long as the board understands that the condition is for each phase and not the whole subdivision then staff is comfortable with the way it is written. All board members agreed with the condition written as is. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS Graham re -introduced new board member Kurt Vomfell. NEW BUSINESS Graham announced the resignation of board member Christopher Yerkes and presented him with a certificate of appreciation, ADJOURNMENT The meeting was adjourned at approximately 7:26pm. NEXT MEETING The next meeting of the Kalispell Planning Board will be held on Tuesday, May 12, 2018 at 6:00 p.m. and located in the Kalispell City Council Chambers, 201 1" Ave East. /s/ Chad Graham Chad Graham President APPROVED as submitted/amended: 05/08/18 /s/ Kari Hernandez Karl Hernandez Recording Secretary Kalispell City Planning Board Nfinutes of the meeting of April 10. 2018 Page 15