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6. Ordinance 1276 - Amendments to Buffalo Commons PUD - 1st ReadingAgenda -November 17,1997 AGENDA ITEM 6 - ORDINANCE 1276-AMENDMENTS TO BUFFALO COMMONS PLANNED UNIT DEVELOPMENT- 1sT READING BACKGROUND/CONSIDERATION: I have enclosed an internal memo from the Site Review Committee and a memo from David Greer that requests a modification of the Development Agreement. This memo explains the "technical change" that is needed/requested. Glen and I have reviewed the request and have compiled a change in the Development Agreement that corresponds with the recommendation of Site Review with two exceptions. Items 2 and 5 are not included. Item 2 is already covered within the agreement. Item 5 is not enforceable and should not be included. RECOMMENDATION: I concur with the recommendation of the Site Review Committee with the two excepted with the proposed amendment. ACTION REQUIRED: Approval of this change can be processed by approving the amendment - ORDINANCE 1276. -AN ORDINANCE AMENDING ORDINANCE 1226 (PLANNED UNIT DEVELOPMENT, �IIFFALO COMMONS) BY ALLOWING THE AMENDMENT OF THE DECLARATIONS OF COVENANTS, CONDITIONS, AND RESTRICTIONS, BUFFALO COMMONS (RETAIL/COMMERCIAL/OFFICE) TO INCLUDE THEREIN, BANKS/SAVINGS AND LOANS/FINANCE AND LOAN COMPANIES, SUBJECT TO CERTAIN PERFORMANCE STANDARDS. BE IT ORDAINED BY THE CITY COUNCIL OF. THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the Declarations of Covenants, Conditions, and Restrictions, Buffalo Commons (Retail/Commercial/Office) Exhibit C, Ordinance No. 1226 may be amended to allow Banks/Savings and Loan/Finance and Loan Companies subject to the following performance standards: 1) The structure . may be freestanding or be integrated into a multi -use building. 2) Total building area shall not exceed 3000 square foot print area, including anticipated future expansion. 3 ) The lot design may incliuide au drirtre=up-ATM maEheG- =s and drive -through teller lanes, not to exceed 4 teller lanes. 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 MAYOR, THIS DAY OF 1997. Douglas D. Rauthe - Mayor Attest: Debbie Gifford, CMC Clerk of Council I I . To: Site Review Committee, City Of Kalispell From: David M. Greer, Consultant to NWHC P "? 0 Subject: Amendments to Buffalo Commons Date: October 6, 1997 Buffalo Commons was approved via a "Development Agreement" composed by the City Attorney. The Agreement is a recorded document and, among other provisions, establishes a process for amending the Buffalo Commons PUD. [As most of you are aware, the road and utility infrastructure for Phaseg I -IV are being installed and should be completed by the end of this month. Lots in each of these phases will soon be available for purchase.] In anticipation of lot sales, several provisions of the PUD warrant clarification and/or modification. Section V of the Development Agreement (Amendment or Modifications of Development Agreement) establishes a process for "minor" and "major" modifications. All proposed modifications begin with review by the Site Review Committee with final determinations of "major" modifications being: made byte City Council. Attached are descriptions of three requested "modifications" to the PUD approval of Buffalo Commons. in my opinion, two of the three should be considered "minor" modifications since they primarily pertain to issues of clarification. These reference (1) parking for medical uses and (2) "office" allowances in Phase IV. The third request would list "neighborhood banking facility" as a permitted use in Phase III. Please do not hesitate to call me if you have any questions or would like me to attend any meetings relative to these requests. Site Plan Review, City Of Kalispell Page 2 October 6, 1997 The PUD approval included the following language for parking: "All lot owners shall be responsible for providing on -site parking in accordance with the Kalispell Zoning Ordinance (KZO) for the intended uses." Phase ffi and 1V permit medical offices but the KZO offers two different parking ratios depending upon the underlying zoning district. Since the area of the PUD was originally proposed by the City for H-1 zoning and it has close association with the medical campus facilities of Kalispell Regional Medical Center, we are requesting that the H-1 parking provisions apply for medical office buildings within the Buffalo Commons PUD. Phase IV permits a wide range of medical uses and offices. However, the general term, "Office, Professional/Governmental" is not specifically listed. The intent of the phase may already encompass this category of use but to avoid any future confusion, we would like this general term (office, professional/governmental) added to the list of permitted uses in Phase IV. Several downtown banks; have, Rexvressed interest _is� devela to asa i hbonc� d g facility in Phase II -o Buffalo Commons: Tlielieve there are many advantages to having a neighborhood banking facility in the area, including compatibility to other permitted uses within the PUD. As you are aware, drive-in banking is already listed as a conditional use within an H-1 zoning district. We are requesting that "neighborhood banking facility" be added as a permitted use within Phase III of Buffalo Commons. We do not propose to allow this as a permitted use without certain development standards (performance criteria). Listed below are development criteria that would apply to any banking facility in Phase III. 1. The structure may be fieestanding or be integrated into a multi -use building; 2. Structure design and lot landscaping shall adhere to the architectural and landscaping standards of Phase Ell, including architectural review, as set forth in the recorded covenants; 3. Building design may anticipate phased expansion opportunities but in no situation shall the main floor or second level, as applicable, be more than 3,000 square feet in total footprint area; 4. The lot design may include a drive -up ATM machine and drive -through teller lanes, not to exceed 4 teller lanes. 5. The maximum number of employees at one time shall not exceed 10. - Lr To: Clarence Krepps From: The City of Kalispell Subject: Buffalo Commons PUD Date: October 14, 1997 Clarence, I received a request from David Greer of Montana Planning Consultants (he is representing Northwest Healthcare) to add "neighborhood banking facilities" to the Retail/Commercial/Office Pod of the Buffalo Commons PUD_ The Development Agreement between the City of Kalispell and Northwest Healthcare allows for minor and major modifications to the PUD. The Site Development Review Committee has the authority to determine whether it is a "minor" or "major" modification. If they determine that it is a major modification, they are then required to forward the request to the City Council for their approval. The Committee has determined that this request is a major modification to the PUD. I have attached David Greer's request with his proposed development criteria. The Committee did not see a problem with adding "banking facilities" to the list of permitted uses in the Retail/Commercial/Office Pod. It was the consensus of the committee, to just use the term "banking facility" as opposed to using a new term (neighborhood banking facility). The Committee would propose that the five (5) development criteria that David Greer has proposed be added as requirements for any banking facility in the Retail/Commercial/Office Pod. The development agreement says that if the request is of such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days after it determines the matter requires Council review. Please add this to the Council agenda as soon as possible. Several downtown banks have expressed interest in developing a neighborhood banking facility in Phase III of Buffalo Commons. I believe there are many advantages to having a neighborhood banking facility in the area, including compatibility to other permitted uses within the PUD. As you are aware, drive-in banking is already listed as a conditional use within an H-1 zoning district. We are requesting that "neighborhood banking facility" be added as a permitted use within Phase III of Buffalo Commons. We do not propose to allow this as a permitted use without certain development standards (performance criteria). Listed below are development criteria that would apply to any banking facility in Phase M. 1. The structure may be freestanding or be integrated into a multi -use building; 2. Structure design and lot landscaping shall adhere to the architectural and landscaping standards of Phase III, including architectural review, as set forth in the recorded covenants; 3. Building design may anticipate phased expansion opportunities but in no situation shall the main floor or second level, as applicable, be more than 3,000 square feet in total footprint area; 4. The lot design may include a drive -up ATM machine and drive -through teller lanes, not to exceed 4 teller lanes. 5. The maximum number of employees at one time shall not exceed 10. contained in the PUD Application, dated February 6, 1995. II) Property Development Standards within the Multi -Family 'Pod" shall conform to S 27.09.040, City of Kalispell, oni Qrdinanc2. S 4.03 Retail, Commercial, Office 'Pod' I) Permitted Uses, Property Development Standards and Sign, Standards within the Retail, Commercial, Office 'Pod' shall conform to the CCNR, Buffalo Commons (Retail, Commercial, office). S 4.04 Professional /Medical 'Facilities 'Pod' I) Permitted Uses, Property Development Standards within the Professional/Medical Facilities =Pod' shall conform to the CCNR, Buffalo Commons (Professional/ Medical Facilities), contained in the PUD Application, dated February 6, 1995. 1?I 7 i7t i7,71 so iWrI777"1771 S 5.01 This Development Agreement mayjlw_�:- .wnded or modified only, by application of the owner, in accordance with c procedures set fs herein. II) Application for amendment or modification may be made, to the City of Kalispell Site Review Committees by any fee owner or ground lessee of a 'pod' in respect to the Subject Property. For purposes of this Article, 'fee owner' shall not include the owner of an individual unit located in a 'pod' owned in whole or in part pursuant to the Unit Ownership Act -- Condominiums, Title 70, Chapter 23 Montana Code Annotated (or any successor statutes), but shall include the Architectural Review Committee of such 'pod'« III) A) Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not requires the consent or approval of the City Council or any other public agency. RJ B) All amendments and modifications to this Development Agreement other than minor r modifications shall require the approval of the City Council of the City of Kalispell. IV) A) All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. B) The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15) days after it determines the application to be subject to said minor modificatiMl. C) If the amendment or modification requested is of such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days after it determines the matter requires Council review. D) The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. $ 6.01 General Requirements I. No building permit in respect to the building in any 'Pod' shall be issued by the Building Department until: A) The Zoning Administrator has certified to the Building Department that proposed building(s) substantially conform to S IV, Development Standards and Use Regulations, and the CCNR's for the appropriate ' Pod' . B) The Director of Public works has certified to the Building Department that the infrastructure improvements and roads required as shown on the drawings submitted by the developer of the 'Pod' substantially conform to 6 III, Site Conditions contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by the City.