Ordinance 1915 - PUD Amend - Silverbrook Estates1111111111111111111111111 IN II I III11111111 20230
Page°1 of 9 17
Debbie Pierson, Flathead County MT by CL 12/7/2023 356 PM
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Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1915
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE
SILVERBROOK ESTATES PLANNED UNIT DEVELOPMENT ENACTED BY
ORDINANCE NO. 1597 AND AMENDED BY ORDINANCE NOS. 1785 AND 1813.
WHEREAS, the Kalispell City Council by Ordinance No. 1597 approved the Silverbrook Estates
Planned Unit Development on December 18, 2006; and
WHEREAS, the Kalispell City Council by Ordinance No. 1785 approved an amendment to the
Silverbrook Estates Planned Unit Development on March 6, 2017, and by Ordinance
No. 1813 on September 17, 2018; and
WHEREAS, Silvermont Properties, LLLP, one of the owners of a portion of Silverbrook Estates,
has requested an amendment to the R-2/PUD overlay on approximately 80.97 acres
g of the 325-acre development; and
WHEREAS, the property is currently zoned R-2/PUD, Residential, is located at 250 Church Drive
and can more particularly be described as a portion of Tract 3, Tract 4 and Tract 5 of
Correction Certificate of Survey 15896, on file and on record in Flathead County,
Montana, located in Section 13, Township 29 North, Range 22 West, PMM, Flathead
County, Montana and as further described on Exhibit A attached hereto and
o ty, ,
incorporated by reference herein; and
WHEREAS, based upon the application submitted and all evidence provided to the City Council
in writing and orally at public hearing, it is in the best interests of the City of
Kalispell that the Silverbrook Estates Planned Unit Development be amended as set
forth below.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the amendment to the Silverbrook Estates Planned Unit Development is
hereby approved subject to the following conditions:
The conditions of the Silverbrook Estates Planned Unit Development shall apply except as
modified herein.
?. The Planned Unit Development for Silverbrook (Riverside North) is amended to allow the
following deviations from the Zoning Regulations:
(a) Rear setback: Sec 27.05.040(3) — The minimum rear setback is the R-2 is 20 feet.
The approved deviation is for a 15-foot setback. The reduced setback would not
apply to those lots requiring a 30-foot rear yard setback due to proximity to the river
and drainages or those lots requiring a minimum 20-foot setback from modified
slopes.
(b) Use: Sec. 27.05.040(1) — Storage units are not an allowable use in the R-2 zone,
which is primarily residential. The approved deviation would allow for storage units
on a lot in the northwest corner of the subdivision subject to the following
conditions: (i) The storage units would be solely for the use of Silverbrook
(including Riverside North) residents; (ii) It shall meet design requirements for mini -
storage facilities as outlined in Section 27.34.090 of the zoning ordinance; and (iii) It
shall include a screening/buffering plan to be reviewed and approved by the City of
Kalispell Development Services Department.
The Planned Unit Development for Silverbrook (Riverside North) allows the following
deviations from the Kalispell Subdivision Regulations:
(a) Streets and Roads — Design Standards: Sec 28.3.14 — The requested deviations will
be reviewed during design review by Public Works under the Standards for Design
and Construction.
4. 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.
Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
The preliminary plat approval shall be valid for a period of three years from the date of
approval.
Additional study and analysis of the subdivision shall be conducted by the applicant through
an update to the Geotechnical report either confirming the recommendations or expanding
them, if necessary, subject to review and approval by the City of Kalispell. The updated
report may result in changed lot dimensions or the loss of lots in order to comply with the
recommendations. Subject to the updated report, the following conditions are included as
continuing conditions of approval from the existing PUD which apply to this preliminary
plat:
(a) The rear property boundaries of Lots 489-493 and 511-513 shall be amended to
provide a minimum distance of 170 feet from the bank of the Stillwater River to the
rear property boundary.
(b) The rear property boundaries of Lots 480-488 shall be amended to provide for a
minimum distance of 50-feet from the top of the bank along the drainage to the rear
property boundary. The contour line designating the top of bank shall be determined
by City staff and the developer's consultants.
(c) A 30-foot rear yard setback shall be required for all structures on lots adjacent to the
Stillwater River Hillside and its tributaries. This would include Lots 480-493 and
511-513.
(d) A note shall be shown on the face of the final plat identifying those lots closest to the
crest of the reshaped slope and require a minimum 20-foot building setback from the
crest of any reshaped slope that was or will be modified pursuant to Geotechnical or
slope stability studies and updates.
9. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant fixture shall
not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds will
act as features, particularly along the roadways, rather than a private maintenance utility
facility.
10. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water 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.
11. 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
Storm Water Discharge Associated with Construction Activities.
12. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
13. In regard to the water service, (a) water services for Lots 515 and 542 shall be from Fox
Forest Loop; and (b) curved water mains shall not be permitted.
14. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
15. The sanitary sewer plans necessitate a lift station to serve the subdivision. The sewer facility
plan includes a regional lift station in this location, and the proposed lift station shall be sized
as provided in the plan. The lift station will be required to be on a utility lot to be dedicated
to the City.
16. An analysis of downstream lift stations will be required, and the developer will be
responsible for any necessary upgrades.
IT Sewer mains connecting to the lift station shall extend up to Church Drive and east -west
within Church Drive. The applicant will be required to extend sewer service to the western
property line of the subdivision within Church Drive for future connections and extensions
pursuant to the subdivision regulations (Sec 28.3.21) and other city policies.
18. Curved sewer mains are not permitted under the Standards for Design and Construction.
19. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
20. Church Drive is designated as a minor arterial and Silverbrook Drive as a minor collector in
the Transportation Plan. Both frontages shall be upgraded, if necessary, to those standards in
accordance with the Standards for Design and Construction. Any improvements would be
required on the frontage of a given phase as development occurs. In order to meet the design
standard, additional right-of-way may be required to be dedicated to the City along Church
Drive in addition to dedication of any interest the developer may have in the right-of-way.
21. Lots 553 — 563 and the park shall not have direct access to Silverbrook Drive and shall be
accessed from interior roads built with the subdivision. A note to that effect shall be
included on the final plat.
22. Internal to the subdivision, streets will be designed to the local street standard under the
Standards for Design and Construction. The Standards require that streets intersect at 90
degrees and the layout for the intersection of Bear Wood Way and Fox Forest Loop shall be
adjusted to meet the requirement.
23. Due to the phasing of the subdivision, a second access is required as part of the first phase
under Section 28.3.13 of the subdivision regulations. The plat provides for that second
access with a temporary road through Stormwater Tract 1. Once a second access is provided
with later phases, the temporary access would no longer be required.
24. Under city standards, the developer shall maintain or improve the level of service at any
impacted intersections. The developer shall implement any mitigation that would be
necessary to meet that standard based on the Traffic Impact Study ("TIS") after acceptance
of the TIS findings by the third -party review and the Public Works Department.
25. As part of Phase 1, the developer shall dedicate the 2.5-acre lot to the City of Kalispell to
provide a location for a future fire station/public works facility.
26. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
27. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan
for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision, common area, and adjoining rights -of -way.
28. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1.
29. Prior to final plat, 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 a proper bond
has been accepted for unfinished work.
30. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements 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.
31. 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
32. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area.
33. A homeowner's/property owner's association shall be formed. The association should
include provisions for the maintenance of all common areas in recorded covenants including,
but not limited to, storm drainage facilities, open space, park areas, and clubhouses. As part
of the storm drainage facilities, the association will be required to mow the area to reduce
fire hazard and reduce spread of noxious weeds.
34. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The taxes
levied within the maintenance district shall be determined by the Parks and Recreation
Department with approvals by the Kalispell City Council.
35. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision."
36. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
37. A note shall be placed on the final plat stating that owners waive their right to protest a
Special Improvement District for maintenance of common areas. A district shall only be
activated in the event that the homeowner's association defaults on their common area
maintenance obligations. The taxes levied within the special improvement district shall be
determined by the appropriate city department with approvals by the Kalispell City Council.
38. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
39. All utilities shall be installed underground.
40. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
SECTION 2. 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 20TH DAY OF NOVEMBER, 2023.
Mark Johnson
N1;aOr
ATTEST:
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Ai e Brunckhorst, CMC ; L) 18g2 Q r=
City Clerk '••?!G -�P?-
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EXHIBIT Al"'i�,,,`���`
Riverside North Legal Description (9-1-23) (TRACTS WEST OF SILVERBROOK DRIVE)
A PORTION OF TRACT 3, TRACT 4 AND TRACT 5 OF CORRECTION CERTIFICATE OF
SURVEY 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY MONTANA,
LOCATED IN SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL
MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 3, SAID POINT ALSO
BEING ON THE NORTH LINE OF SAID SECTION 13; THENCE N 89°20'59" E, ALONG THE
NORTH LINE OF SAID SECTION 13, 1143.73 FEET TO A POINT THAT IS THE
INTERSECTION OF THE NORTHERLY EXTENSION OF THE WEST RIGHT -OF- WAY LINE
OF SILVERBROOK DRIVE (100.00 FOOT WIDE CITY ROAD) AND THE NORTH LINE OF
SAID SECTION 13; THENCE S 0°39'27" E, 30.00 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF CHURCH DRIVE (60.00 FOOT WIDE COUNTY ROAD); THENCE ALONG THE
WESTERLY RIGHT-OF-WAY LINE OF SILVERBROOK DRIVE (100.00 WIDE CITY ROAD)
THE FOLLOWING SEVEN (7) COURSES:
1) S 0039'27" E, 288.77 FEET TO A POINT ON A TANGENT CURVE TO THE RIGHT,
HAVING A RADIUS OF 950.00 FEET;
2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 01' 41 ", AN ARC
DISTANCE OF 166.27 FEET;
3) S 9"22' 14" W, 177.68 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT,
HAVING A RADIUS OF 1550.00 FEET;
4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 38' 24", AN ARC
DISTANCE OF 910.05 FEET;
5) S 24016' 10" E, 51.72 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT,
HAVING A RADIUS OF 1050.00 FEET;
6) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15° 12' 21 ", AN ARC
DISTANCE OF 278.66 FEET;
7) S 39028'31" E, 400.65 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF
WEST MONTURE RIDGE (80.00 FOOT WIDE CITY ROAD) AND THE NORTH PERIMETER
BOUNDARY LINE OF THE PLAT OF SILVERBROOK ESTATES PHASE 1, ON FILE AND OF
RECORD IN FLATHEAD COUNTY MONTANA;
THENCE ALONG THE NORTHWESTERLY PERIMETER BOUNDARY LINES OF SAID
PLAT OF SILVERBROOK ESTATES PHASE 1 THE FOLLOWING FIFTEEN (15) COURSES:
1) S 50021'41" W, 19.63 FEET TO A POINT ON A TANGENT CURVE TO THE LEFT,
HAVING A RADIUS OF 235.00 FEET;
2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 530 17' 40", AN ARC
DISTANCE OF 218.59 FEET;
3) N 87004'00" E, 10.00 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO
THE EAST, HAVING A RADIUS OF 225.00 FEET, A RADIAL FROM LAST SAID POINT
BEARS S 87004'00" W;
4) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31 ° 26' 50", AN ARC
DISTANCE OF 123.49 FEET;
5) S 45016'40" W, 122.83 FEET;
6) N 41 °53'41" W, 82.19 FEET;
7) N 60026'31" W, 44.76 FEET
8) S 56053'45" W, 175.46 FEET;
9) S 77°21' 15" W, 120.81 FEET;
10) S 44002'25" W, 112.77 FEET;
11) S 29027'55" W, 60.44 FEET;
12) S 41035'43" W, 61.51 FEET;
13) S 55045'55" W, 127.86 FEET;
14) S 53019'49" W, 130.13 FEET;
15) S 69023'46" W, 414.00 FEET TO A POINT ON THE WEST LINE OF TRACT 5 OF SAID
CORRECTION CERTIFICATE OF SURVEY 15896, AND THE EASTERLY BANK OF THE
STILLWATER RIVER LOW WATER MARK;
THENCE CONTINUING NORTHERLY ALONG THE EASTERLY BANK OF THE
STILLWATER RIVER LOW WATER MARK AND THE WESTERLY BOUNDARY LINES OF
TRACT 5 AND TRACT 4 OF SAID CORRECTION CERTIFICATE OF SURVEY 15896 THE
FOLLOWING TWENTY THREE (23) COURSES:
1)
N 05007'36"
E, 88.69 FEET;
2)
N 02019'39"
W, 110.88 FEET;
3)
N 14005'56"
W, 58.18 FEET;
4)
N 25°23'25"
W, 63.30 FEET;
5)
N 34006'26"
W, 119.59 FEET;
6)
N 34°06'26"
W, 25.63 FEET;
7)
N 65°14'58"
W, 100.31 FEET;
8)
N 81 °23' 52"
W, 91.63 FEET;
9)
N 78042' 13"
W, 95.30 FEET;
10)
N 83019'33"
W, 17.20 FEET;
11)
N 76°04'41"
W, 166.47 FEET;
12)
N 55°07'45"
W, 84.04 FEET;
13)
N 10°13'37"
W, 90.96 FEET;
14)
N 27°59'56"
E, 221.77 FEET;
15)
N 32.35' 18"
E, 239.72 FEET;
16)
N 13025'40"
E, 66.52 FEET;
17)
N 31 ° 18' 36"
E, 109.02 FEET;
18)
N 43°23'07"
E, 116.23 FEET;
19)
N 27°44'06"
E, 65.43 FEET;
20)
N 20°27' 12"
W, 75.56 FEET;
21)
N 37005'08"
W, 39.66 FEET;
22)
N 47°27'20"
W, 95.41 FEET;
23)
N 77.41' 19"
W, 165.74 FEET;
TIIENCE LEAVING THE EASTERLY BANK OF THE STILLWATER RIVER LOW WATER
MARK AND CONTINUING NORTHERLY ALONG THE NORTHWESTERLY BOUNDARY
LINES OF TRACT 4 AND THE WEST BOUNDARY LINE OF TRACT 3 OF SAID
CORRECTION CERTIFICATE OF SURVEY 15896 THE FOLLOWING THREE (3) COURSES:
1) N 0°04'26" W, 24.47 FEET;
2) N 54°37'00" E, 203.36 FEET;
3) N 01 °49' 13" W, 1320.68 FEET TO THE POINT OF BEGINNING, CONTAINING 80.97
ACRES, MORE OR LESS.