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1. Ordinance 1739 - Starling PUD Agreement Extension - 1st ReadingPLANNING FOP, THE fiiiTURE REPORT TO: Doug Russell, City Manager: -- Tom Jentz, Director Planning Department 201 15t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Starling PUD — Request for Planned Unit Development, (PUD) Extension MEETING DATE: May 19, 2014 BACKGROUND: This is a request by Stillwater Meadows, LLC to extend the PUD approval on the Starling PUD for one year. Starling received PUD approval on August 20, 2007, with a 30 day effective date of September 19, 2007. The preliminary plat for Phase 1 of Starling PUD was concurrently approved on August 6, 2007. Phase 1 received several preliminary plat extensions. The final extension will expire on August 6, 2014. Donald L. Meyers, on behalf of Stillwater Meadows, LLC/Starling has requested that the preliminary plat of Starling Phase 1 be allowed to sunset. However, in a letter dated March 26, Mr. Meyers has requested that the PUD remain in force. It is not their intention to abandon the PUD. Section 27.19.020(10(b(2))) of the Kalispell Zoning Regulations sets the provision for the status of a PUD that is tied to an associated preliminary plat that ultimately is allowed to expire. This section states that at least 30 days before the expiration of the associated preliminary plat, the landowner/developer may request an additional one year extension for the PUD and that the council may grant one or more such extensions. The developers have stated that with the advent of the recession their plans stalled. They now would like to proceed, but are cautious as to when to start. They noted that they have a considerable amount of money and time devoted to the adoption of the PUD and feel that the PUD as designed still has considerable merit and value. Starling encompasses all of Section 35 and is bounded by Stillwater Road on the East, West Reserve on the north, West Valley Drive on the west, and Four Mile Drive on the south. The Starling PUD proposes to develop up to 3,000 housing units with mixed neighborhood commercial and open space in a unified development plan. RECOMMENDATION: A motion to adopt the first reading of the ordinance and grant a one year extension to the Starling PUD. FISCAL EFFECTS: Minor positive impacts until actual PUD begins then significant positive impacts. ALTERNATIVES: Deny the request. Respectfully submitted, Tom Jentz Planning Director Report compiled: May 10, 2014 Attachments: Letter of request from Stillwater Meadows, LLC/Starling Vicinity map c: Theresa White, Kalispell City Clerk Stillwater Meadows, LLC/Starling, Attn: Donald L. Meyers, 6730 N. Scottsdale Rd, Ste 290, Scottsdale, AZ 85253 Return to: Kalispell City Clerk PO Box 1997 Kalispell, NIT 59903 • to I I I I No I III �i 11 63 vii I IN a I III L 1 019#1 ULS I D101 W-11" RDI DILTA I DILIN WHEREAS, the City Council of the City of Kalispell approved the Starling Planned Unit Development Agreement on August 20, 2007; and WHEREAS, Starling now desires a one-year extension to the Planned Unit Development due to economic conditions; and WHEREAS, it is in the best interests of the City of Kalispell that the Starling Planned Unit Development Agreement 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 Starling Planned Unit Development shall be extended for a period of one year until September 19, 2015. 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 2ND DAY OF JUNE, 2014. Mark Johnson Mayor ATTEST: Theresa White City Clerk SrILLWArER MEADOWS4 LL 6730 N. ScbttsdaIe....R.d,'Ste 290 Scottsdale, AZ,85253' March 26, 2014 Tom Jentz, Director Kalispell Planning Dept, City.of Kalispell 201 First Ave. East Kalispell, MT 59901 Via Email RE: Starling Phase 1 Preliminary Plat Expiration and Related PUD Zoning Overlay Expiration Dear Mr, Jentz This letter is in response to the letter dated March 11, 2014 ("March Letter"), from the City of Kalispell ("City"), notifying the The Aspen Group ("Aspen") of the ..expiration of Starling"s phase I preliminary plat on May 7, 2014. In addition, the March Letter stated the Planned Unit Development ("PUD") zoning .overlay is also set to expire onMay'7,2014. A. copy of the aforementioned letter has been enclosed for your reference. Upon discussing the expiration ..of the preliminary plat and the PUD with our 'partners, the Grosswilers, in the.Starling project, Aspen and the Grosswilers have agreed to proceed as follows: • Preliminary Plat Phase is Please consider this letter approval to allow the preliminary plat to expire. Due to a change in market conditions and demand, both Aspen and the GrossvVilers anticipate the need to modify phase size and product type to contour phase I to the market conditions,at the time of groundbreaking, • PUD Zoning Overlay: Please consider this letter a request to extend the existing Starling PUD. Pursuant:to your letter, please .process the request to ensure that the PUD is not considered abandoned or expired. Thanks in advance, for your attention to this matter. In you have any questions, comments or concerns regarding this matter, or the content of this letter, please feel welcome to call me at (602) 553-4100 or email me at d.meyersatheaspengroup.com. Thanks. ince�ely, Donald L. Meyers Stillwater'MeadDws, LLC / Starling Encl: March Letter CC: Ell A. Castronova Jay M. Donnelly Dan D, Johns Robert P. Solliday