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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. h:\att\wp\waterfordPUDagree - 1 - 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 H:\att\wp\waterfordPUDAg - 2 - 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. H:\att\wp\waterfordPUDAg -3 - (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. H:\att\wp\waterfordPUDAg - 4 - (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 H:\att\wp\waterfordPUDAg -5- 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 H:\att\wp\waterfordPUDAg - 6 - 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 H:\att\wp\waterfordPUDAg -7- 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. H:\att\wp\waterfordPUDAg -8- (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 H:\att\wp\waterfordPUDAg - 9- 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. H:\att\wp\waterfordPUDAg - 1 1 - (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. H:\att\wp\waterfordPUDAg -12- 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. H:\att\wp\waterfordPUDAg - 13 - 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. H:\att\wp\waterfordPUDAg - 14 - 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 H:\att\wp\waterfordPUDAg - 1 5 -