07. Ordinance 1309 - Waterford Planned Unit Development - 1st ReadingIOPNOiZL��* ��iZ��'�
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT ON CERTAIN REAL
PROPERTY OWNED BY WATERFORD ON SUMMIT RIDGE, L.L.C.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS
FOLLOWS:
SECTION I. That the Planned Unit Development proposed by
Waterford on Summit Ridge, L.L.C., upon the real property
described in Exhibit "A", attached hereto, incorporated
herein, and thereby made a part hereof, is hereby approved,
subject to:
A) Large Map Exhibits, Waterford on Summit Ridge,
[Exhibit "B", attached hereto, incorporated herein,
and thereby made a part hereof]; and
B) Development Agreement, dated 1 1999,
between Waterford on Summit Ridge and the City of
Kalispell, [Exhibit "C", attached hereto,
incorporated herein and thereby made a part
hereof].
SECTION II. 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 3rd DAY OF MAY, 1999.
ATTEST:
Theresa White
City Clerk
1
Wm. E. Boharski
Mayor
WATERFORD PLANNED UNIT DEVELOPMENT AGREEMENT
This Agreement made and entered into this day of May,
1999, by and between Waterford on Summit Ridge, L.L.C., an Oregon
Corporation of 5150 Griffith Drive, Beaverton, Oregon 97005,
hereinafter WATERFORD and the City of Kalispell, a municipal
corporation, of 312 lot Avenue East, Kalispell, Mont pa 59901,
hereinafter CITY:
W I T H E S S T $i- r�
WHEREAS, Waterford is the contr purc er': _ nsensl
developer with the c. ent ownge ain
real property locat ,,in* Kali. p ld �g�head
County, Montana, whi� �' further described in
�r
Exhibit "A' attached he t a thereby made a part
hereof, and
WHEREAS, (i) Waterford desir `tq_ haveibject Property
rezoned from SAG r s esideift2M (R-4 and RA-1)
Planned Unit relo . ap with certain new
streets, bui ng c s and accesses from
4-Mile Driv and S it Drive, (ii) Waterford
has filed:' " PUD end An xation application which
contains`:4) 2;one cha ge application, (b) PUD
Narrat M- with? Exhitits (c) perimeter legal
3 :f.
desc igjion, Fi) _ Tzitle Report, (e)- land owner
cq to plan ands`(f) large map exhibit, and
WH8 in &j ;to allow the PUD and Annexation, assure
the installation of infrastructure improvements
- fih the-; j ect Property", set for the bulk and
mehsiona requirements and prescribe the
d uses within the requested zoning areas,
t Mies hereto determine it is to be in their
b. interests to enter into this Planned Unit
y elopment Agreement.
I. DEFINITIONS
{°OI: 'lgreement shall mean the Waterford Planned Unit
-= s. Development Agreement between Waterford on Summit Ridge
L.L.C. and the City of Kalispell.
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1.02 Building Department shall mean the Building Department of
the City of Kalispell.
1.03 City shall mean the City of Kalispell, Montana.
1.04 City Council shall mean the City Council of the City of
Kalispell, Montana.
1.05 Director of Public Works shall mean x. rcyDirector of
Public Works of the City of K�kspelJ .ana.
1.06 Easement(s) means the Easeme_ll s) de
this Agreement.
1.07 Master Site Plan means theiY - lan proposed"''for the
development of the Subject Rt'�ti annexed hereto as
Exhibit B. ¢'
1.08 Project Site Plan means the.site p roposed for the
development of the Sub3ee,opertyµ;inexed hereto as
Exhibit C . Ai
1.09 Phase means a s e oevel within a portion of
the Subject Pr q ty d. ' ignat,al in the Master Site Plan.
J
1.10 Proposed Buiingseans e buildings shown on the
Master Site Plan, cbritemp1ated to be built in phases.
ec r e- t meeg s the real property described in
j'u 4. r Y P P Y
-bit A 7-an iY4 hereto and made a part hereof.
1.12ub's Fjial C' - tion shall mean that substantially all
�o a wo k to h' a performed in the development of Four
Y Mile 13 i5 ummit Ridge Drive, Interior Road, Sewer and
Water,.#oti Water, Site Grading, Fire Suppression, Off -
Site W 3� ay, Lighting, Signage and any other public
improuments have been performed or are bonded for and
the _:game are, or will be, usable for their intended
Dins e s .
GENERAL DEVELOPMENT AND USE OF THE SUBJECT PROPERTY
2.01 (A) Subject to the other provisions of this Agreement,
any development within or use of the Subject
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Property occurring after the effective date of this
Agreement shall substantially conform and comply
with the provisions of the PUD Application of
January 7, 1999, and the documents and drawings
annexed to this Agreement.
(B) In no event shall there be developed on the Subject
Property more than 171,130 square::,;eetof building
foot print area consisting YFir -27 cottage
independent living units";._". - �"'regate units,
assisted living u tS, ecial car
oar' units, and Alzheimer uns, totaljof
294 units.
(C) Waterford represents, is agreed between the
parties, that the de" t of the Subject
Property shall be omR1�., e, in Phases, as
follows:=
(1) Phase I.shal�ons st of 14 duplex independent
living ur}, an Y_ _`R le ndependent living
unit.
(2) Phase A s 1 cons st of (i) a Main Building
hoq-s=i% g a . semen, A arage capable of holding
80 :,motor ;mu hicleg , and a First, Second and
hird Floerrr`o,pied by 88 congregate units
r � Su
16 aii units.
z (3) v*`:Phase -I B shall consist of (i) Senior Health
and Fitness Center (housing a lap pool,
. aerobics, and exercise facility) and a First
<.Second and Third Floor, attached to the Main
Building, occupied by congregate units, and a
Y health Care Neighborhood housing 24 Alzheimer
''!and Skilled Nursing Facilities.
(5)
Phase II shall consist of 10 duplex
independent living units.
Phase II A shall consist of a First, Second
and Third Floor occupied by 42 congregate
units.
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(6) Phase II B shall consist of a First, Second
and Third Floor occupied by 14 assisted living
and congregate units.
(7) Phase III A shall consist of a First, Second
and Third Floor occupied by 6 assisted and 12
congregate units.
(8) Phase III B shall consist first, Second
and Third Floor ocd%piedF 18 congregate
units.
(9) on grade, uncove 4 �d pa g, coin
association with', P_t ses shale`$- t of
�v
76 parking stalls consucted with PYiase I and
a'�-;X
58 constructed wit' fta" I and 3 handicapped
van and 8 handd p n _11 sized parking
spaces.
(D) Waterford represve
�, it is : greed between the
parties, that l' " "' Apo of the roof or
parapet wall.- f th ing constructed on
the Subjec Pro ty, measured from the
average f el the inished ground surface
surroun th -struc., a within a distance of
twenty_ etEs') , _ 11 not exceed fifty feet
(50!, except te two towers shown on the
Maw ite Phan = be fifty six feet (561), as
me erein.
2.0
rz use `of the Subject Property shall be a senior
reside_ " acility.
(A) WY e ford may, in accordance with 27.21.030 (4)(a)
-(5), utilize a portion of the Subject Property
or the purposes of limited trade and service
facilities for beauty shops, barber shops,
tr_ pharmacy, and a small retail store.
(B) Use of the property as specified in (A), supra,
shall be limited to a gross area of 7500 square
feet total for all uses.
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(C) The Senior Health and Fitness Center may be
utilized by the public during limited hours.
2.03 Ownership
Waterford represents, and it is agreed between the
parties, that the Subject Property and buildings
constructed thereon, shall at all times be the property
of Waterford and that the residents therein shall acquire
by virtue of their tenancy no pAprietary,-�r-eal estate or
fee interest in the Subject--. "p 3ect _- p ert y buildingp
constructed thereon. ={�
2.04 Relationship to Zoning Ord i a --�.
Except as specifically modi
Agreement, including the
Site Plan, and the PUD Ap
to the extent it does no b
the laws, rules, and
governing the use a ev,
including the Cit f Ka s
apply to the Sub ct Prert
2.05 Drawings =~ -2
o superseded by this
j = r*��e_ Plan and Master
icatron_ =of- January 7, 1999,
nflict-'4 is Agreement,
ons of te,,_City of Kalispell
of -land and buildings,
Qing Ordinance, shall
The Project Site Plan dated , 1999 and the Master
ite Pian dated ,- 1999 are an integral and
: Rential component " of this Agreement and are
ri�orporated herein by reference.
2.06 Efeveness`an� Cancellation
(A) ovisions of this Agreement shall become
e o ve simultaneously with the approval of the
PAD` Ordinance by the City Council and shall
°rminate upon the issuance of a building permit(s)
or development of the last Phase on the Subject
Property, as set forth above, or July 1, 2005,
which ever occurs first. This Agreement may only be
modified or amended as set forth in Article V,
`= hereof.
(B) Notwithstanding the terms of paragraph (A), supra,
upon the termination of this Agreement, the terms
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of this Residential PUD shall continue to be
effective as the regulations pertaining to the
Waterford Planned Unit Development.
2.07 Certification Procedure
Whenever under this Development Agreement a certificate
by the Director of Public Works is reggred tp' be given,
such certificate shall be given withi'hzty (30) days
of the receipt of a completed 4M- lica ®r - refor. Such
an application shall be deemecompletec' receipt of
such drawings and narrative ornmati"$tea ason y
necessary for the issuance suc rtifyt
III. SITE COND .,
3.01 Development
-- t
The Subject Property beed with the
infrastructure impr9vemibs was described in this
e
Agreement. 1
3.02 Access
(C) Primary, ;access- "q the,Albject Property shall be via
=s Four; M 1e Drive
_ LR-
_'(I}= erford represents, and it is agreed between
the ' a-rtles, that said primary access may be
egulatd arough electronic or other means.
ergency fire, ambulance, police and public
access shall be at all times available
t said primary access without impediment.
(D) condary access to the Subject Property shall be
a Summit Ridge Drive, and shall be limited
through utilization of a crash gate, the
installation of which shall be as directed by the
Director of Public Works.
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3.03 Four Mile Drive and Summit Ridge Improvements
(A) Waterford acknowledges that the development of the
Subject Property includes development, at
Waterford's expense, of Four Mile Drive from the
termination of the City's recently reconstructed
section to a point ten feet (1011 beyond
Waterford's primary entrance. _
(B) Waterford acknowledges that the-<e`:<_ pment of the
Subject Property iryVItides ment ,
Waterford's expense, an exe' of Su t
Ridge Drive from its inatito o rt��. ty
feet (30') beyond s 1�, tension's _ zter ction
with the private drico. ecting the ergency
entrance with the primal fP, nce.
(C) Four Mile Drive shal be devlQ ed to standards
equal to the desi & cons tr i _V: of the City's
Standards for D}d Constriction for local
streets. _ =
(D) Summit Ridg ` exte ion gha(,1�Y be developed to the
design n4and€,Aionst�ction ,gtandards of Summit Ridge,
includi=_r&drb a-. d gutbe�.
(E) Prior to the BuiTri.nl Department issuing any permit
K�ofi any founder iQo6 building permit on a Phase,
v Wakerford sha furnish security for the
development, in substantial conformity to and
compliance— h the provisions of this Agreement,
o€.,the improvements specified in this section. Such
seurty shall consist of, at the sole option of
.�
W erfQrd, performance bond(s) issued by a surety
c`` pW. licensed to do business in Montana,
i ve ocable letter(s) of credit issued by a bank
1�Ycensed to do business in Montana, or such other
'ecurity as shall be reasonably acceptable to the
City. Such security shall be for the benefit of
and enforceable and collectible by the City, acting
through the City Manager, and shall be in an
initial face amount equal to 125% of the direct
estimated cost of the work so secured, as certified
by Waterford's licensed professional engineer and
the City's Director of Public Works. If such
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security consist of letter(s) of credit, the face
amount thereof shall be reduced by Waterford from
time to time in an amount equal to three-quarters
of the cost of the work completed, as certified by
Waterford's licensed professional engineer and
approved by the City's Director of Public Works.
Determination of the amount of the reducton shall
be made within 30 days of receiRt by_ie Public
Works Director of said certifica_t-16n_.,: ;
3.04 Interior Roads
(A) The road connecting
secondary access, as s
shall be designed and _n
for Design and Construc
a paved width of twenty e
(B) other roads within
utility access:o�d
shall be as "" own
shall be des'- - ed a
for Design d Co ruct
a paved v ys h of enty
(C) All
sha
prima y access with the
r.�the Master S3=te` Plan,
s , xv.pted to City Standards
local streets with
g -A
et (281).
jest R=operty, except
the fuse of residents
Mastrer Site Plan and
coed to City Standards
ror local streets with
feet (241).
tru<Eed on the Subject Property
l`s gned in accordance with the
Design and Construction.
tary`wer service to the Subject Property
1,be accomplished via the existing twelve inch
��=ain existing in Summit Ridge Drive. Said
te—ty sewer service shall be stubbed out to the
Nary of the Project property.
(B) _Jlater service to the Subject Property shall be
looped by extension of the existing eight inch (80)
line currently existing in Four Mile Drive and the
currently existing twelve inch (12") line in Summit
Ridge Drive. City agrees to pay for the up -sizing
of new line in Four Mile Drive to the Subject
Property to twelve inches (12"') as part of the
proj ect .
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(C) All sanitary sewer and water utilities shall be
designed and installed as shown on the Project Site
Plan and in accordance with the City of Kalispell's
Standards for Design and Construction.
(D) All utility infrastructure located within the
Subject Property shall be the property and
maintenance responsibility of Waterford.
(E) Waterford agrees to obtaa`all n easement,s
for the extension of water and ae Subject
Property. st__
(F) No expansion of set `r sewer stem is
anticipated. _~
(G) Prior to the Building 15eparte :suing any permit
of any foundation ,off,uilding ,
ertnt on a Phase,
Waterford shall.l_� -fsh gVdiiity for the
development, s p u�s__a 2 g al conformity to and
compliance w' thepro ,; Ta_. ` of this Agreement,
of the impro: ement -specie e 'in this section. Such
security,=4
Wzall cOAsist of, at the sole option of
Waterfo erf mance Mond (s) issued by a surety
compare _eta licensed to--Ydo business in Montana,
f:=
irrevocable letter(&$> -of credit issued by a bank
lzoers too ess in Montana, or such other
_ s ,
seuc=.as sh-11 be reasonably acceptable to the
City eh security shall be for the benefit of
Viand enf&rd6pVe and collectible by the City, acting
h rt- City Manager, and shall be in an
�nrr�1 face amount equal to 125% of the direct
ebbed cost of the work so secured, as certified
b' ' rford' s licensed professional engineer and
1t ity's Director of Public Works. If such
zs4 urity consist of letter (s) of credit, the face
ount thereof shall be reduced by Waterford from
time to time in an amount equal to three-quarters
of the cost of the work completed, as certified by
Waterford's licensed professional engineer-- and
approved by the City's Director of Public Works.
Determination of the amount of the reduction shall
be made within 30 days of receipt by the Public
Works Director of said certification.
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3.06 Storm Water
(A) Waterford acknowledges that the development of the
Subject Property includes development, at
Waterford's expense, of storm drainage facilities.
It is acknowledged by Waterford that a storm
drainage plan must be designed and approved prior
to the erection of any buildingk on _3e Project
Property.
(B) Waterford agrees to obtaTY from rosate Stat
Federal and local age `es al e -.rY .permi. `s,
including review unde_'the =` y'a der for
Design and Construe i,on'� s authorfrrthe
construction and maint n' -_of said storm`''rainage
facilities, likewise to bd 'btained prior to the
issuance of any four anion ors uilding permit on
the Project Property.X 7-
(C) Prior to the Bui ' artment;-4 suing any permit
of any founda o� ngermit on a Phase,
Waterford all insecurity for the
development in stagy conformity to and
complianc ith a pror sions of this Agreement,
of the ovem s spec. fied in this section. Such
securi �shallr onsisof, at the sole option of
Waterford, per40_ ee bond(s) issued by a surety
c si `` lice rt o do business in Montana,
irrevocable le er(s) of credit issued by a bank
lice�fig `=V_ do business in Montana, or such other
` securttj? hall be reasonably acceptable to the
t _n
-Cty. � security shall be for the benefit of
enforceable and collectible by the City, acting
tfirou_g� the City Manager, and shall be in an
i t= face amount equal to 125% of the direct
e. ted cost of the work so secured, as certified
f Waterford's licensed professional engineer and
a City's Director of Public Works. If such-,
security consist of letter(s) of credit, the face
-_ amount thereof shall be reduced by Waterford from
T= time to time in an amount equal to three-quarters
of the cost of the work completed, as certified by
Waterford's licensed professional engineer and
approved by the City's Director of Public Works.
Determination of the amount of the reduction shall
be made within 30 days of receipt by the Public
Works Director of said certification.
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3.07 Site Grading
(A) Site Grading of the Subject Property shall be
subject to the City's Emission Control Plan and
requirements of the Montana Pollution Elimination
System.
(B) Prior to commencement of site adin 'Waterford
agrees to obtain an Air Quality I V. ruction and
Demolition Permit from the L� , ei of Public
Works, and to comply wi„ a to condition
of said Permit during struc}
(C) A site grading plan 11 e submitm tat the
Director of Public WO i o review and approval
prior to commencement oanr ading work.
3.08 Fire Suppression
Prior to the Buildin rt
any foundation or dint
Chief must certif hat a
site access play for ,he
engineered intgiro-al fire suppI
Building, and =-any a�ditioW
acceptable tithe F_ i--e Chien.
iiandsc�W ng; and Pa#T;,- '
nt issuing any permit of
t op -,a Phase, the Fire
rias supplied a fire
ibct Property and an
ssion system for the Main
to the Main Building,
Bees shall be placed within the landscaped
"r the street connecting the primary
ill - `the secondary access and be spaced at
intervals and shall be a minimum of two
iper at planting.
rT.., director of Parks and Recreation shall approve
'-landscaping plan for the perimeter of the site,
e entrance(s) and the parking lot areas prior to
issuance of a Building Permit.
The area designated as Park on the Master Site Plan
shall be developed with amenities such as tables,
walkways, landscaping and trees.
(D) Retaining walls in excess of four feet tall shall
be avoided, except in the area of the Primary
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Access, where a decorative keystone retaining
system may be used.
3.10 off -site Walkway
A sidewalk or pedestrian path shall be constructed which
provides a continuous walkway from the_. facily to the
ball park to the North and that contains a cation for
a crossing connecting with the City,,` �'' } strian path
adjacent to the baseball park ..,.1__ '-
3.11 Lighting
Waterford shall submit a i
parking lot lighting fixtures _
in height and which use shie
visible from beyond propert-bbi
shall be allowed on the budding
may be utilized to light _a:_flag
shall be reviewed and,, 'Lav}eduby
Works.
3.12 Signage
Waterford ;
Zoning Adm
Zoning Orch
pf natu-a'
&kchitectu
plan whi , izes
do not excee 15 feet
'lenses which are not
arhes. No up lighting
;o'ever, up lighting
lighting plan
:he'} rector of Public
:ems to oftmit. a _sign plan to the Kalispell
9trato, *hic4-- omplies with the Kalispell
ce. T4'00 sign- shall be externally lit, made
ors 'terials and utilize an integrated
,design compatible with the facility.
�V. ONNECTION FEES
or connection to City Water and Sewer Utility
shall be shall the sum of Eighty Four
nd, Eight Hundred and Nine Dollars
09.00).
gaterford agrees
at the time of
the first Phase.
to pay said total connection fees
obtaining the Building Permit for
V. AMENDMENT OR MODIFICATIONS OF AGREEMENT
5.01 This Development Agreement may be amended or modified
only by application of Waterford, in accordance with the
procedures set forth herein.
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(A) Applications for amendment or modification may be
made to the City of Kalispell Site Review
Committee.
(1) Modifications of this Agreement which are
deemed by said Site Review Committee to be
minor modifications shall require -only the
consent of the Site Review, Committee, and
shall not require the coIIa_ v,:of the City
Council or any other lid, yagew"
(2) All amendments mod' c of s
Agreement other t min , odi afn_ all
require the appro o y he City Cc»i?nc
(3) All applications �fo:_ modifications or
amendments of therge11
t shall be filed
with the Site Review Coin im'tee and the Site
Review Committee shall grbmptly, within 10
days, deter�re�t er, the codifications are
major or . or p r Al
(4) The Se Re ew tee shall make its
det� Wnatiots with7--espect to any application
for,_e finor A modifi ations subject to this
Seefion within 15 Aays after it determines the
application- to='be subject to said minor
p mcdificatDOVr
v ,.
(5)� If amendment or modification requested is
'. of� s r nature as to require approval of the
City Council, the Site Review Committee shall
the matter to the City Council within
(15) days after it determines the
�aatter to require Council review.
4r9 )
Waterford may appeal the decision of the Site
Review Committee to the City Council, who may
affirm, reverse or modify the Site Review
Committee decision.
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VI. CONSTRUCTION PHASING
6.01 General Requirements
(A) No building permit in respect to the construction
in any Phase shall be issued by the Building
Department until: T
(1) The Zoning AdministratoAha�*_, fied to the
Building Departme a proposed
building(s) subst ato t=Master Site Plan d §22.0 f
this Agreement.
(2) The Director of orks has cellEfffied to
the Building De p that the infra-
structure improv gads referenced in
this Agreement d/or' ort �on the Project
Site Plan ha Am n con cad or security
guarantees T- const ion has been
received the
(3) For p oses th tion, the "Security"
re d sh be an amount equal to 125*
of a terfo 's licensed engineer's
e _ mate _ th ost of constructing said
7.01 -"`, 111
t tFfft any provisions of this Agreement shall
be de creed, adjudged or determined to be invalid
or unl by a court of competent jurisdiction, such
provis shall be severable and the remainder of this
Agree t shall continue to be of full force and effect.
.02 Re dation
This Agreement shall be recorded in the Office -of the
Flathead County Clerk and Recorder.
7.03 Entire Agreement — Primacy
This Agreement constitutes the entire agreement between
the parties and may only be amended as set forth herein.
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In the event during the term of this Agreement, there is
a variance between the provisions of this Agreement and
any drawing or document submitted prior to execution of
this Agreement, this Agreement shall take precedence.
7.04 Binding Effect
Dated this
This Agreement shall be binding upon and inure to the
benefit of the respective -parties, heirs, successors and
assigns.
day of May, 1999. _
.r
WATERFO� _ UMMIT RIDGE, L.L.C.
it f�EtN-
By : -ram
Its
CITY
=s•
E
/T
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