H4. Glacier Rail Park Annexation (Res 5877), Zoning (Ord 1812) and PP (Res 5878)PLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Managej
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KA-18-01 — Glacier Rail Park Annexation and Initial Zoning Request
MEETING DATE: June 18, 2018
BACKGROUND: As part of the development of the Glacier 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 I-2/PUD. 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 area to be annexed is currently in the county and zoned county I-2
(Heavy Industrial). The annexation request and initial city zoning classification was 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.
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 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 21 W, P.M.M., Flathead County, Montana, more particular described in the
attached Exhibit "A."
The Kalispell Planning Board held a duly noticed public hearing April 10, 2018, to consider the
annexation and initial zoning request. Staff presented staff report KA-18-01 providing details of the
proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as
findings of fact, and recommend to the Council that the annexation and initial zoning request be
granted.
There being no public testimony, the public hearing was closed and a motion was presented to adopt
staff report KA-18-01 as findings of fact and recommend to the Kalispell City Council that the
property be annexed with an initial zoning of I-2/PUD. Board discussion concluded that the request
was appropriate, and the motion passed unanimously on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
5877, a Resolution to provide for the alteration of boundaries of the City of Kalispell by including
therein as an annexation 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 particular
described in the attached Exhibit "A."
It is also recommended that the Kalispell City Council approve the first reading of Ordinance 1812,
an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance
1677, by zoning certain real property 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 particular described in the attached Exhibit "A," to City I-2/PUD in accordance with
the Kalispell Growth Policy Plan — It 2035, and to provide an effective date.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5877
Ordinance 1812
April 10, 2018, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
RESOLUTION NO. 5877
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN
REAL PROPERTY DESCRIBED AS A TRACT OF LAND LOCATED IN TRACT 2-A OF
CERTIFICATE OF SURVEY 20637 IN THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA,
TO BE KNOWN AS GLACIER RAIL PARK ADDITION NO. 439, TO ZONE SAID
PROPERTY IN ACCORDANCE WITH THE KALISPELL ZONING ORDINANCE, AND
TO DECLARE AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell received a petition from the Flathead County Economic
Development Authority (FCEDA), the owner of the above -referenced property,
requesting the City of Kalispell annex the territory into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-18-01, dated March 29, 2018; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended the
territory be zoned City I-2, Industrial, with a Planned Unit Development overlay upon
annexation into the City of Kalispell; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That all the real property described as a tract of land located in Tract 2-A of
Certificate of Survey 20637 in the Northwest Quarter of Section 8, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, be annexed to
the City of Kalispell and the boundary of the City is altered to so provide.
SECTION 2. Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in
the City of Kalispell and shall be entitled to the same privileges and benefits
as are other parts of the City.
SECTION 3. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION 4. This Resolution shall be effective immediately upon passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 18TH DAY OF JUNE, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1812
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS A TRACT OF LAND LOCATED IN TRACT 2-A OF
CERTIFICATE OF SURVEY 20637 IN THE NORTHWEST QUARTER OF SECTION 8,
TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
AND AS FURTHER DESCRIBED ON EXHIBIT A, CURRENTLY ZONED COUNTY I-2
(HEAVY INDUSTRIAL) TO CITY I-2 (INDUSTRIAL) IN ACCORDANCE WITH THE
KALISPELL GROWTH POLICY — PLAN IT 2035, AND TO PROVIDE AN EFFECTIVE
DATE.
WHEREAS, the Flathead County Economic Development Authority (FCEDA), the owner of the
property described above, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land, currently zoned County I-
2 (Heavy Industrial), be zoned City I-2, Heavy Industrial, with a PUD overlay, on
approximately 3.38 acres of land; and
WHEREAS, the property is located in Tract 2-A of Certificate of Survey 20637 in the northwest
quarter of Section 8, Township 28 North, Range 21 West; and
WHEREAS, FCEDA's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-18-01, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be
zoned I-2, Heavy Industrial, with a PUD overlay, pursuant to Kalispell City Code
27.29.020; and
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on April 10,
2018, and after considering the Staff Report #KA-18-01 as well as public comment
and discussion, recommended that the zoning be City I-2, Heavy Industrial, with a
PUD overlay, pursuant to Kalispell City Code 27.29.030; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described I-2, Heavy Industrial, with a PUD overlay, the City Council finds the
recommendation of the Kalispell City Planning Board to zone the property as I-2,
Heavy Industrial with a PUD overlay, to be compatible to the existing neighborhood
and consistent with the Kalispell Growth Policy — Plan It 2035 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 essential findings of fact of KPD as
set forth in Staff Report No. KA-18-01.
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 designating the
property described above and on Exhibit A as I-2, Heavy Industrial, with a
PUD overlay.
SECTION 2. 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 3. 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 2ND DAY OF JULY, 2018.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT A
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN TRACT 2-A OF C.O.S. No. 20637 IN THE NW; 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 C.O.S. No. 20637, THENCE ALONG
THE SOUTHERLY BOUNDARY OF SAID PARCEL A-1, THE FOLLOWING THREE (3) COURSES. 1) 5 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 S 00'09'57" E, 28.38 FEET ALONG THE WEST LIME OF SAID TRACT 5;
THENCE S 75"52'58" W, 144.95 FEET; THENCE S 67'23'07 W, 323.43 FEET; THENCE N 89"41'52" W, 188.69
FEET, THENCE N 74°15'35" W, 118.99 FEET, THENCE N 62Q30'51" W, 156.96 FEET, THENCE N 53°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.
PLANNING FOR THE FUTURE
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KPP-18-04 — Glacier Rail Park Preliminary Plat Request
MEETING DATE: June 18, 2018
BACKGROUND: Flathead County Economic Development Authority 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 that 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 was reviewed in accordance with Section 28.2.06 of the Kalispell
Subdivision Regulations.
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 21 W, P.M.M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing April 10, 2018, to consider the
application request. Staff presented staff report KPP-18-04 providing details of the proposal and
evaluation. Staff reported that the proposed preliminary plat was consistent with the subdivision
regulations, the zoning, and the growth policy. Staff recommended that the Planning Board adopt the
staff report as findings of fact and recommend to the City Council that the preliminary plat be
approved, subject to 22 conditions.
During the public comment portion of the hearing, a neighboring property owner spoke regarding the
need for signage that prohibited truck traffic from heading up Oregon Street. There being no further
testimony, the public hearing was closed and a motion was presented to adopt staff report KPP-18-04
as findings of fact, and recommend to the Kalispell City Council that the preliminary plat be
approved, subject to 22 conditions. Board discussion concluded that the preliminary plat was
appropriate, and the motion passed unanimously on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution
5878, a resolution approving a request from Flathead County Economic Development Authority for
major subdivision Preliminary Plat KPP-18-04, a major subdivision preliminary plat with 22
conditions of approval, located in 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
21 W, P.M.M., Flathead County, Montana.
FISCAL EFFECTS: Approval of the request will allow the applicant to proceed with development
of the site, which in turn will have positive fiscal impact.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5878
April 10, 2018, Kalispell Planning Board Minutes
Staff Report
Application Materials & Maps
Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO.5878
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
GLACIER RAIL PARK, 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 NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Flathead County Economic Development Authority (FCEDA), the owner of the
certain real property described above, has petitioned for approval of the Subdivision
Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
April 10, 2018 on the proposal and reviewed Subdivision Report #KPP-18-04 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of FCEDA Rail Park Subdivision subject to certain
conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of June 18,
2018, reviewed the Kalispell Planning Department Report #KPP-18-04, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-18-04 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of FCEDA for approval of the Preliminary Plat of
FCEDA Rail Park Subdivision, Kalispell, Flathead County, Montana is
hereby approved subject to the following conditions:
General Conditions:
1. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
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
easement 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.
8. 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 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 disturb the native vegetation, impede the
flow of surface water, or impact the 100-year floodplain.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 18TH DAY OF JUNE, 2018.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
GLACIER RAIL PARK
REQUEST FOR ANNEXATION AND INITIAL ZONING OF I-2/PUD
STAFF REPORT #KA-18-01
REQUEST FOR TARGETED ECONOMIC DEVELOPMENT DISTRICT (TEDD)
BOUNDARY AMENDMENT
STAFF REPORT #KRD-18-01
REQUEST FOR MAJOR SUBDIVISION PRELIMINARY PLAT
STAFF REPORT KPP-18-04
KALISPELL PLANNING DEPARTMENT
March 29, 2018
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 KW, 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 I-2/PUD. The area to be annexed is currently in
the county and zoned county I-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 land proposed for annexation, as outlined above. The request would
1
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 / Owner: 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 I-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 conditionally permits additional heavy
1W
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 I-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 1-2/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 I-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 I-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."
E. Size:
• The area to be annexed and zoned I-2/PUD is 3.38-acres.
• The TEDD Boundary amendment includes the 3.38-acres being annexed.
• The subdivision size is 44-acres, including the 3.38-acres. The majority of
the area being subdivided is already within city limits and part of a
previous preliminary plat approval.
F. Adjacent Land Uses:
North: Klinger post and pole production and Glacier Stone
East: A commercial truck repair shop, E. Oregon Lane 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, E. Oregon Street
and a small hotel.
G. Adjacent Zoning:
North: County I-2 ( Heavy Industrial)
East: County I-2 ( Heavy Industrial)
West: County R-1 (Suburban Residential)
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South: County R-5 (Two-family Residential), and City R-4 (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
I. ANNEXATION EVALUATION
1. 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
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document. The purpose of the annexation policy is to give the planning board,
the council, and the development community direction when property owners
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.
H. INITIAL ZONING EVALUATION BASED ON STATUTORY CRITERIA
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.
1. Does the requested zone comply with thegrowth 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.
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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 requested 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. Nonmotorized transportation will be improved by
the construction of sidewalks along East Oregon Street, East Oregon Lane and
Flathead Drive west of the rail ROW.
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, safely and general welfare?
The requested zoning classification consistent with the existing zoning on the
property and 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 urbanrowth?
The requested I-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
I
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 industrial
use will create no impact on park or school facilities.
8. Does the requested zone jaive consideration to the particular 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.
9. Does the requested zone rive reasonable consideration to the character of the
district?
The general character of the area is industrial. By assigning the property with
the I-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
currently being constructed to serve 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 in the vicinity.
III. GLACIER RAIL PARK TARGETED ECONOMIC DEVELOPMENT DISTRICT
BOUNDARY AMENDMENT
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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:
Gtant., Rait Part Phoned Boundary
TEDD Amendment Area
TEDD a'-
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;
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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
I-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, which included the 3.38-acres, 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.
IV. REVIEW AND FINDINGS OF FACT FOR THE PRELIMINARY PLAT
A 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 lst
Ave E and 4th Street W. The distance is approximately 1.3 miles.
Flooding: According to Flood Insurance Rate Map, panel 30029C 1810J, dated
November 4, 2015, a small portion of the northwest corner of the property that
spans the Stillwater River is within the 100-year floodplain. This area is not
proposed for development, but will be left in its current configuration.
Access: There are three access points onto the property. The main and
primary access is from US Highway 2 (Idaho Street) on Montclair Drive at the
northeast corner of the property. A traffic impact study has been prepared
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concerning the intersection improvements and installation of a traffic signal at
Flathead Drive and US Highway 2. Two secondary access points onto the site
are at Whitefish Stage Road, at the northwest corner of the property and at East
Oregon Street at the south side of the property.
B. Effects on Wildlife and Wildlife Habitat: The subdivision property spans, at
its northwest corner, the Stillwater River, which is the most significant fish and
wildlife habitat resource associated with the site. The Stillwater River corridor
is an important habitat and migration corridor for numerous fish and wildlife
species. There are no federally listed fish and wildlife species on or near the
proposed subdivision site. The local Montana Fish Wildlife and Parks Fisheries
Biologist reviewed the previous preliminary plat and 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.
C. Effects on the Natural Environment:
Surface and groundwater: The nearest surface water is the Stillwater River,
which runs from west to east north of the property. The property spans the
river at its northwest corner, adjacent to the Whitefish Stage Road bridge
spanning the river. This area is in a largely natural state with woody vegetation
along the banks and riparian zone.
Groundwater is moderately shallow at the subject property, with depths of
approximately 25 feet at the subdivision site.
Drainage: The topography of the site naturally sends surface water to the
northeast. The applicant has provided space for a storm drainage system at the
northeast corner 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. A traffic impact study has been
prepared concerning the intersection improvements and installation of a traffic
signal at Flathead Drive and US 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
11
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.
Schools: This development is within Kalispell School District #5. The
development is industrial in nature and will have no impact on the school
system.
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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 final plat approval. The fire chief
has indicated that the city has adequate response time and equipment to serve
the site upon development.
Solid Waste: Solid waste is currently being handled by Evergreen Disposal.
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 I-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
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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.
RECOMMENDATIONS
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 I-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
the Kalispell City Council that the preliminary plat for Glacier Rail Park be
approved, subject to the conditions listed below:
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CONDITIONS OF APPROVAL
General Conditions:
1. The development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications
as well as any additional conditions associated with the preliminary plat
as approved by the city council.
2. The preliminary plat approval shall be valid for a period of three years
from the date of approval.
3. 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 easement
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.
8. 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,
15
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
standards for design and construction. If public utilities are located
internal to the site, they shall be located within the private roadway area.
16
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
disturb the native vegetation, impede the flow of surface water, or impact
the 100-year floodplain.
17
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.
FENN WAY
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
KLJ, 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-18-01, 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
Vomfell 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 I-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. Nygren explained the current signage plan and Jentz advised
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
PETERSON ZONE CHANGE
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-18-01.
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-1 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
(R-3 TO RA-1 ZONE)
Board and Zoning Commission adopt Staff Report #K7-C-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-18-01)
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
Page14
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 Rockwood 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
Kari Hernandez
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of April 10, 2018
Page 15