08. Ordinance 1309 - Waterford Planned Unit Development - 2nd ReadingThe City of Kalispell
Incorporated 1892
Office of the City Attorney
Glen Neier, City Attorney P.O. Box 1997
Richard Hickel, Asst. City Attorney Kalispell MT 59903-1997
Telephone: (406) 758-7708
REPORT TO: Mayor and City Council Fax (406) 758-7771
FROM: Glen Neier, City Attorney
Chris Kukulski, City Manager
SUBJECT: Waterford Planned Unit Development
MEETING DATE: May 17, 1999
BACKGROUND: The Waterford PUD Agreement has been presented to
the Council at two previous meetings. The Agreement included in
your packet includes Council recommendations made at the May 3,
1999 Council Meeting (bold and underlined). Ordinance No. 1309
authorizes creation of the PUD in accordance with the Agreement.
The City has not received final copies of the map exhibits but
before the Ordinance is recorded, map exhibits accurately showing
the project should be submitted by the developer.
RECOMMENDATION: Ordinance No. 1309 should be approved by the
Council, second reading.
FISCAL EFFECTS: The property comprising the Waterford PUD has
been annexed to the City, and once constructed the property will
pay significant real estate taxes to the City, County, and School
Districts.
ALTERNATIVES, As suggested by the City Council.
nen Neie
City Atto
Report compiled May 14, 1999
C" �' �)//L ,, � ��
Chris A. Kuku ski
City Manager
ORDINANCE NO. 1309
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 "Bit, attached hereto, incorporated herein,
and thereby made a part hereof]; and
B) Development Agreement, dated a, 1999,
between Waterford on Summit Ridge and the City of
Kalispell, [Exhibit licit, 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 17TH 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 1st Avenue East, Kalispell, Montana 59901,
hereinafter CITY:
W I T N E S S T H:
WHEREAS, Waterford is the contract purchaselr and consensual
developer with the current fee owner of certain
real property located in Kalispell," Flathead
County, Montana, which is further described in
Exhibit "A" attached hereto and thereby made a part
hereof, and
WHEREAS, (i) Waterford desires to have the Subject Property
rezoned from SAG-10 to a Residential (R-4 and RA-1)
Planned Unit Development, mapped with certain new
streets, building configurations and accesses from
4-Mile Drive and Summit Ridge Drive, (ii) Waterford
has filed a PUD and Annexation application which
contains (a) Zone change application, (b) PUD
Narrative with Exhibits (c) perimeter legal
description, (d) Title Report, (e) land owner
consent to plan and (f) large map exhibit, and
_ri
WHEREAS, in order to allow the PUD and Annexation, assure
the installation of infrastructure improvements
with the "Subject Property", set for the bulk and
dimensional requirements and prescribe the
permitted uses within the requested zoning areas,
tbel'-parties hereto determine it is to be in their
Atbest -"interests to enter into this Planned Unit
t Development Agreement.
I. DEFINITIONS
1`•01 Agreement shall mean the Waterford Planned Unit
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 the Director of
Public Works of the City of Kalispell, Montana.
1.06 Easements) means the Easement-(s) descr beds in'S cif
this Agreement.
1.07 Master Site Plan means the site plan proposed for the
development of the Subject Property annexed hereto as
Exhibit B.
1.08 Project Site Plan means the site plan proposed for the
development of the Subject. Property annexed hereto as
Exhibit C.
1.09 Phase means a stage of _development within a portion of
the Subject Property designated in the Master Site Plan.
1.10 Proposed Buildings means the buildings shown on the
Master Site Plan, contemplated to be built in phases.
11 SubjectPropertymeans the real property described in
_Exhibit A -annexed hereto and made a part hereof.
1.12 Substantial Completion shall mean that substantially all
of��th work to be performed in the development of Four
Mile Drive, Summit Ridge Drive, Interior Road, Sewer and
r. Water,'Storm Water, Site Grading, Fire Suppression, Off -
Site W4l.kway, Lighting, Signage and any other public
improvements have been performed or are bonded for and
the same are, or will be, usable for their intended
pur ses.
2I. 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 feet of building
foot print area consisting of 27 cottage
independent living units, congregate units,
assisted living units, special care
units and Alzheimer units, for a total of
294 units.
(C) Waterford represents, and it is agreed between the
parties, that the development of the Subject
Property shall be accomplished in Phases, as
follows:
(1) Phase I shall consist of 14 duplex independent
living units and 1 triplex independent living
unit.
(2) Phase,I A shall consist of (i) a Main Building
housing a Basement/Garage capable of holding
80",Motor vehicles; and a First, Second and
Third Floor occupied by 88 congregate units
and 16 assisted units.
(3)
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
_Health Care Neighborhood housing 24 Alzheimer
{and Skilled Nursing Facilities.
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 of a First, Second
and Third Floor occupied by 18 congregate
units.
(9) On grade, uncovered parking, constructed in
association with the Phases shall consist of
76 parking stalls constructed with Phase I and
58 constructed with Phase II and 3 handicapped
van and 8 handicapped full sized parking
spaces.
(D) Waterford represents, and it is agreed between the
parties, that the highest. point of the roof or
parapet wall of the main- building constructed on
the Subject Property, when measured from the
average level of the finished ground surface
surrounding the- structure within a distance of
twenty feet (201), shall not exceed fifty feet
(501), except that the two towers shown on the
Master _Site Plan may be fifty six feet (561), as
measured herein.
2.02 Uses
<The -primary use of the Subject Property shall be a senior
resider- al facility.
1 (A) W"4etford may, in accordance with 27.21.030 (4) (a)
(-(5), utilize a portion of the Subject Property
f'or the purposes of limited trade and service
-facilities for beauty shops, barber shops,
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 proprietary, real estate or
fee interest in the Subject Property or the buildings
constructed thereon.
2.04 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this
Agreement, including the Project Site Plan and Master
Site Plan, and the PUD Application of January 7, 1999,
to the extent it does not conflict with this Agreement,
the laws, rules, and regulations of the City of Kalispell
governing the use and- development of land and buildings,
including the City of Kalispell Zoning Ordinance, shall
apply to the Subject Property.
2.05 Drawings
The Project Site Plan dated , 1999 and the Master
Site Plan dated 1999 are an integral and
essential ::component of this Agreement and are
incorporated herein by reference.
2.06 Xffe--dtivenese and Cancellation
(A) The, provisions of this Agreement shall become
e f -- eve simultaneously with the approval of the
PqD rdinance by the City Council and shall
terminate upon the issuance of a building permit(s)
for 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 required to be given,
such certificate shall be given within thirty-(30) days
of the receipt of a completed application therefor. Such
an application shall be deemed completed upon receipt of
such drawings and narrative information: -a are _reasonably
necessary for the issuance of such certificate. -
III. SITS CONDITIONS-
3.01 Development
The Subject
infrastructure
Agreement.
3.02 Access
Property shall be developed with the
improvements as described in this
(C) Primary access to the Subject Property shall be via
Four Mile Drive.
(1).Waterford represents, and it is agreed between
the :-pa-rties, that said primary access may be
regulated through electronic or other means.
(}Y Emergency fire, ambulance, police and public
vehicle access shall be at all times available
through said primary access without impediment.
(D) Se:dfidary access to the Subject Property, f-Qr
emergency access only, shall be via Summit Ridge
. 3)rive, and shall be limited through utilization of
a crash gate, the installation of which shall be as
directed by the Director of Public Works.
`t03 Four Mile Drive and Summit Ridge Improvements
(A) Waterford acknowledges that the development of the
Subject Property includes development, at
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Waterford's expense, of Four Mile Drive from the
termination of the City's recently reconstructed
section to a point ten feet (101) beyond
Waterford's primary entrance.
(B) Waterford acknowledges that the development of the
Subject Property includes development, at
Waterford's expense, of an extension of Summit
Ridge Drive from its termination to a point thirty
feet (301) beyond said extension's intersection
with the private drive connecting the emergency
entrance with the primary entrance.
(C) Four Mile Drive shall be developed to standards
equal to the design and construction of the City's
construction on Four Mile Drive. In the event the
City reconstructs Four Mile Drive in accordance
with the Standards for Design and Construction for
local streets. Waterford agrees to participate in
the reconstruction.
(D) Summit Ridge extension shall be developed to the
design and construction standards of Summit Ridge,
including curb and gutter.
(E) Prior totheBuilding Department issuing any permit
of any foundation or building permit on a Phase,
Waterford shall furnish security for the
n= - development, in substantial conformity to and
compliance with the provisions of this Agreement,
of the improvements specified in this section. Such
security shall consist of, at the sole option of
Waterford, performance bond(s) issued by a surety
company- licensed to do business in Montana,
ir-rev cable letters) of credit issued by a bank
licensed to do business in Montana, or such other
security as shall be reasonably acceptable to the
Gity. Such security shall be for the benefit of
Yand 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
security consist of letter(s) of credit, the face
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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 reduction shall
be made within 30 days of receipt by the Public
Works Director of said certification.
3.04 Interior Roads
(A) The road connecting the primary access with the
secondary access, as shown on the Master Site Plan,
shall be designed and constructed to City Standards
for Design and Construction for local streets with
a paved width of twenty eight feet (281).
(B) Other roads within the Subject- -,Property, except
utility access roads, for the use of residents
shall be as shown on the Master Site Plan and
shall be designed and constructed to City Standards
for Design and Construction for local streets with
a paved width of twenty four feet (241).
(C) All new roads constructed on the Subject Property
shall be named and signed in accordance with the
City Standards for Design and Construction.
3.05 -Sewer arid. Water
(A}=-y unitary sewer service to the Subject Property
be -accomplished via the existing twelve inch
� 12*11 main existing- in Summit Ridge Drive. Said
sataFry sewer service shall be stubbed out to the
bb4fidary of the Project property.
U
(B) ter service to the Subject Property shall be d400ped by extension of the existing eight inch (8")
4. line currently existing in Four Mile Drive and the F
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
project.
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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.
TTZ
• _ •ff • . ai r= 1 ff f n --I - • • -
(E) Waterford agrees to obtain all necessary easements
for the extension of water and sewer to the Subject
Property.
(F) No expansion of sanitary sewer system is
anticipated.
(G) Prior to the Building Department issuing any permit
of any foundation- or building permit on a Phase,
Waterford sha1-1 furnish security for the
development, in= substantial conformity to and
compliance with the provisions of this Agreement,
of the improvements specified in this section. Such
security shall consist of, at the sole option of
Waterford, performance bond(s) issued by a surety
- company licensed to do business in Montana,
revocable letter(s) of credit issued by a bank
licensed to do business in Montana, or such other
security as shall be reasonably acceptable to the
City.:-x 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
itial face amount equal to 125$ of the direct
o estimated cost of the work so secured, as certified
==F = by Waterford's licensed professional engineer and
the 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
time to time in an amount equal to three-quarters
of the cost of the work completed, as certified by
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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.
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 buildings on the Project
Property.
(B) Waterford agrees to obtain from appropriate State,
Federal and local agencies all necessary permits,
including review under the City's Standards for
Design and Construction, authorizing the
construction and maintenance of said storm drainage
facilities, likewisdT to_be.obtained prior to the
issuance of any foundation=_ -or building permit on
the Project Property.
(C) Prior to -`the Building Department issuing any permit
of any foundation or building permit on a Phase,
Waterford shaLL. furnish security for the
development, Li rsubstantial conformity to and
compliance with the provisions of this Agreement,
of the improvements specified in this section. Such
security- shall consist of, at the sole option of
_W terford,, performance bond(s) issued by a surety
company, licensed to do business in Montana,
irreypcable letter(s) of credit issued by a bank
'1 ceased to do business in Montana, or such other
security as shall be reasonably acceptable to the
Yty. Such security shall be for the benefit of
r' and enforceable and collectible by the City, acting
z -=
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
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
H:\att\wp\waterfordPUDAg -1 0-
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.
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 '-'Bliminat-L&
System.
(B) Prior to commencement of site grading Waterford
agrees to obtain an Air Quality Construction and
Demolition Permit from the Director of Public
Works, and to comply with the terms and conditions
of said Permit during construction.
(C) A site grading_ plan;== -shall be submitted to the
Director of Public -Works for review and approval
prior to commencement of any grading work.
3.08 Fire Suppression'
Prior to the Building Department issuing any permit of
any foundation or -building permit on a Phase, the Fire
Chief must certify that Waterford has supplied a fire
site access plan for the Subject Property and an
engineered interne fire suppression system for the Main
Budding, and any additions to the Main Building,
-acceptable to the Fire Chief.
.;: . 09 Landscaping and Park
(A) Street trees shall be placed within the landscaped
=' boulevard for the street connecting the primary
4 :access with the secondary access and be spaced at
50 foot intervals and shall be a minimum of two
inch caliper at planting.
(B) The Director of Parks and Recreation shall approve
a landscaping plan for the perimeter of the site,
the entrances) and the parking lot areas prior to
issuance of a Building Permit.
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(C) 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
be avoided, except in the
Access, where a decorative
system may be used.
3.10 Off -site Walkway.
four feet tall shall
area of the Primary
keystone retaining
A sidewalk or pedestrian path. shall be constructed which
provides a continuous walkway from the faclst_ to the
ball park to the North and that contains a location for
a crossing connecting with the City's pedestrian path
adjacent to the baseball park.
3.11 Lighting
Waterford shall submit -a. lighting plan which utilizes
parking lot lighting €xtures_Svhich do not exceed 15 feet
in height and which use- sh elded lenses which are not
visible from beyond prQp"erty boundaries. No up lighting
shall be allowed. -on the buildings; however, up lighting
may be utilized to lght a _f-lag pole. A lighting plan
shall be reviewed an&-appro,ved by the Director of Public
Works.
34A2- Sagnage
Iaterford agrees to submit a sign plan to the -Kalispell
Zorric*Administrator which complies with the Kalispell
e. The sign shall be externally lit, made
rs and materials and utilize an integrated
iesign compatible with the facility.
T. CONNECTION FEES
:onnection to City Water and Sewer Utility
hall be shall the sum of Eighty Four
Eight Hundred and Nine Dollars
%q0V 1 vv.7. JO) .
(B) Waterford agrees to pay said total connection fees
at the time of obtaining the Building Permit for
the first Phase.
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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.
(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 consent of the City
Council or any other public agency.
(2) All amendments and modifications of this
Agreement other than minor modifications shall
require the approval of the City Council.
(3) All applications for modifications or
amendments of the Agreement shall be filed
with -the Site Review Committee and the Site
Review' Committee shall promptly, within 10
days, determine whether the modifications are
major or minor.
(4) The_ Site Review Committee shall make its
determinations with respect to any application
for minor modifications subject to this
Section within 15 days after it determines the
application to be subject to said minor
modification.
t'
--If the amendment or modification requested is
of such a nature as to require approval of the
City Council, the Site Review Committee shall
fY refer the matter to the City Council within
- fifteen (15) days after it determines the
matter to require Council review.
(6) 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:
(1) The Zoning Administrator harser-tified to the
Building Department-- that`- the proposed
building (s) substaat ially c�nrm to t
Master Site Plan and §2.01-- 2.04 f
this Agreement. Y
(2) The Director of
the Building
structure improl
this Agreement
Site Plan have;
guaranteein
received � he
(3) For
of
e
it
7.0V v abi1i
k= -A
-xcr -Works has certified to
end that the inf ra-
d roads referenced in
v--
or'ho on the Proj ect
corist_k4 ted or security
constmelion has been
oses rV,tion, the "Security"
d sh bamount equal to 125%
e terflicensed engineer's
to thyf constructing said
I.
ent tMt 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.
7.02 R 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
This Agreement shall be binding upon and inure to the
benefit of the respective parties, heirs, successors and
assigns.
Dated this day of May, 1999.
WATERFORD ON SUMMIT RIDGE, L.L.C.
By: -
Its:
CITY OF KALISPELL
By:_
Its:
R
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