Ordinance 1941 - PUD Amend - Silverbrook EstatesReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903 202500024263
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Debbie Pierson, Flathead County MT by LP 11/7/2025 2:51 PM
ORDINANCE NO. 1941
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, 1813 AND 1915.
WHEREAS, the Kalispell City Council by Ordinance No. 1597 approved the Silverbrook Estates
G Planned Unit Development on December 18, 2006; and
WHEREAS, the Kalispell City Council by Ordinance No. 1785 approved amendments to the
Silverbrook Estates Planned Unit Development on March 6, 2017, by Ordinance No.
Q 1813 on September 17, 2018, and by Ordinance No. 1915 on November 20, 2023;
and
WHEREAS, Montarise Developments, LLC, one of the owners of a portion of Silverbrook
Estates, has requested an amendment to the B-1/PUD overlay on approximately 11.7
0�1' acres of the 325-acre development; and
4 WHEREAS, the property is currently zoned B-1/PUD, Residential, is located at 441 and 465
Diamond Peak Drive and can more particularly be described as Blocks 26 and 27 of
Silverbrook Estates Phase 3, as shown on the map or plat thereof on file and of
record in the office of the Clerk and Recorder, Flathead County, Montana; 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 development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as approved by the city council.
2. All applicable conditions within Silverbrook PUD shall apply.
3. 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.
4. The abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the
Kalispell Zoning Ordinance.
5. A specific Geotechnical report shall be submitted prior to development of the site.
6. Any storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding retention ponds 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. Any existing ponds being utilized for new phases of development should
incorporate reasonable design features to meet this standard to the extent practicable.
7. 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 certificate of occupancy, 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.
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.
9. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction.
10. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to
certificate of occupancy, a certification shall be submitted to the Public Works Department
stating that the water and sewer mains have been built and tested as designed and approved.
11. 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.
12. The on -site water mains will be publicly owned and maintained. As such, utility easements
for the mains and related appurtenances shall be granted to the City prior to certificate of
occupancy.
13. The on -site sewer mains shall be privately owned and maintained.
14. Under city standards, the developer shall maintain or improve the level of service at any
impacted intersections. The developer is required to install any mitigation in the TIS that
would be necessary to meet that standard.
15. Any improvements on the adjacent city streets, such as streetlights or boulevard trees, that
are necessary to bring the frontages to city standards is required.
16. On -site circulation shall incorporate pedestrian connectivity throughout the site.
17. Access to the streets shall be limited to common approaches as shown on the submitted site
plan. No individual accesses from a specific unit or building are allowed.
18. The angled parking on East Swift Creek Way is permitted provided that the developer enter
into a long-term maintenance agreement for striping and post signage for no overnight
parking.
19. A property owner's association shall be formed and established to provide for the
maintenance of the common areas and infrastructure. The association should include
provisions for the maintenance of all common areas in recorded covenants.
20. All utilities shall be placed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
21. 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 15TH DAY OF SEPTEMBER, 2025.
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Mark Johnson
Mayor
ATTEST:
Aimee brunckhorst, CMC
City Clerk
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