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I5. Reso 5800 - ROI - Silverbrook PUD Amendment RequestPlanning Department 201111 Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager _f FROM: Jarod Nygren, Senior Planner SUBJECT: Resolution of Intent to Hold a Public Hearing on the PUD Amendment Request — Silverbrook MEETING DATE: January 17, 2017 BACKGROUND: The Council held a work session on January 9, 2017 to consider a PUD amendment request from the developer of Silverbrook to amend the neighborhood commercial portion of the PUD. The original PLTD intended to create a residential development with a neighborhood scale commercial area in the northeast corner of the development near the intersection of Church Drive and Highway 93. The PUD placed caps on both the total amount of commercial square footage (120,000 square feet) and the size of individual buildings (25,000 square feet and single story, 25 ft. maximum height construction) in an effort to ensure that any commercial component would maintain the neighborhood scale envisioned when the PUD was approved. The developer expressed that some of the restrictions placed on the neighborhood commercial portion within the Silverbrook PUD have made it undevelopable. Accordingly, in order to stimulate development in the area they requested the following amendments: The total gfess footprint square footage for all buildings on the 13 commercial lots in Phase 2A shall not exceed 120,000 square feet. The footprint of the largest building shall not exceed 25,000 gross square feet. These buildings will be limited to one two-story construction and to a maximum of 2-5 40 feet in height. The Council discussed the proposed amendments to the PUD as outlined above. Discussion concluded that there is support for the amendment request, but that a public hearing should be held so there could be public comment on the request. Prior to a public hearing, a resolution of intent to hold a public hearing needs to be passed by Council. RECOMMENDATION: The Council should pass a resolution of intent to hold a public hearing scheduled for the February 6, 2017 Council meeting. ATTACHMENTS: PUD Amendment Request Report compiled: January 11, 2017 c: Aimee Brunckhorst, Kalispell City Clerk RESOLUTION NO.5800 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE APPLICATION OF SILVERMONT PROPERTIES, LLLP, FOR AN AMENDMENT TO THE SILVERBROOK ESTATES PLANNED UNIT DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF CHURCH DRIVE AND HIGHWAY 93 NORTH IN THE CITY OF KALISPELL AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF. WHEREAS, the City Council of the City of Kalispell by Ordinance No. 1597 approved the Silverbrook Estates Planned Unit Development on December 18, 2006; and WHEREAS, Silvermont Properties, LLLP, the owner of Silverbrook Estates, has requested an amendment to the commercial component of the PUD to increase the total amount of commercial square footage allowed; and WHEREAS, this request is considered a major amendment in that it changes the intent and purpose as originally approved by the Council; and WHEREAS, it is prudent and consistent with existing state laws to seek public comment prior to any major amendment to a Planned Unit Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Public Hearing. On February 6, 2017, at 7:00 p.m., in the Council Chambers in Kalispell City Hall, the City Council will conduct a public hearing on the application of Silvermont Properties, LLLP, to amend the Silverbrook Estates Planned Unit Development by increasing the total amount of commercial square footage allowed. SECTION 2. Notice of Public Hearin&. The City Clerk is hereby authorized and directed to publish a copy of the Notice of the Public Hearing in substantially the form attached hereto as Exhibit "A" (which is hereby incorporated herein and made a part hereof] twice in The Daily Interlake, the official newspaper of the City and published in Flathead County, Montana, with not less than six days separating each publication date. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 17TH DAY OF JANUARY, 2017. Mark Johnson Council President ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT A CITY OF KALISPELL, MONTANA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on the 6th day of February, 2017 at 7:00 o'clock p.m., in the Council Chambers, City Hall, 201 First Avenue East, Kalispell, Montana, the City Council (the "Council") of the City of Kalispell, Montana (the "City") will hold a public hearing on a proposed amendment to the Planned Unit Development Agreement for Silverbrook Estates. The City of Kalispell has received a written request from Silvermont Properties, LLLP, for an amendment to the PUD agreement to increase the total amount of commercial square footage allowed in the PUD. The subdivision is located at the southwest corner of Church Drive and Highway 93 North in the City of Kalispell. Further information is available on-line on the city's website at www.kalispell.com under Mayor and City Council/Agenda or contact the City Clerk at City Hall, telephone (406) 758-7756. Written comments may be submitted to the City Clerk at the above noticed meeting, or prior to the meeting, by mail at P.O. Box 1997, Kalispell, MT 59903, by email at cityclerk(a kalispell.com, or in person at City Hall, 201 First Avenue East, Kalispell, Montana. Any interested persons may appear and will be heard or may file written comments with the City Clerk prior to such hearing. Dated this 17th day of January, 2017. BY ORDER OF THE CITY COUNCIL Aimee Brunckhorst, CMC City Clerk Publication Dates: January 22, 2017 January 29, 2017 LIANfe1�l PI enning Surveying Engineering Design G R o U P December 12, 2016 Kalispell Site Development Review Committee Attn: P.J. Sorensen, Esq., Chairman 201 1 $t Ave. East Kalispell, MT 59901 RE: Application for Minor Amendment to Silverbrook Estates Planned Unit Development. Dear Mr. Sorenson: On behalf of Silvermont Properties, WGM Group, Inc. is submitting a request for minor amendments to the Silverbrook Estates Planned Unit Development (PUD). This request is being submitted to the Kalispell Site Development Review Committee (Committee) pursuant to §4.02 of the Silverbrook Estates Subdivision PUD Agreement. Background: The PUD overlays approximately 325 acres of land zoned R-2, R-4 and B-1 on the southwest corner of Church Drive and U.S. Highway 93. The PUD was originally approved by the Kalispell City Council on December 18, 2006.1 Pursuant to condition #7 of the approval, a PUD Agreement was created by the city attorney and signed by the City of Kalispell and the original developer of Silverbrook Estates on February 15, 2008. The PUD constitutes the zoning for Silverbrook Estates, and includes by reference both the content of the original PUD application as well as the conditions of preliminary plat approval of Silverbrook Estates Phase 1. In 2015, the developers of Silverbrook Estates requested preliminary plat approval of Phase 2. Two amendments to the PUD Agreement were identified by City of Kalispell planning staff as part of Phase 2 and were reviewed by the Committee.2 The amendments to the PUD Agreement were deemed to be minor by the Committee and were approved with recommended conditions. The conditions were included in Kalispell City Council's approval of Silverbrook Estates Subdivision Phase 2 as conditions #2, #23, #24, and #25.3 Requested Amendments: Silverbrook Estates is now owned by Silvermont Properties and the owners are working to bring the B-1 Neighborhood Commercial portion of the project to life. Residential construction in Silverbrook Estates is continuing and a neighborhood is beginning to emerge. Unfortunately, attracting small businesses such as bakeries and barbershops to locate in Silverbrook Estates "to provide goods and services at a neighborhood level" is difficult without having anchor land uses to generate daytime traffic. Two significant anchor land uses have recently selected Silverbrook Estates and are moving forward with conceptual site and building designs. Mann Mortgage is designing a corporate headquarters office building and retail store and Kalispell Regional Healthcare is designing a Kalispell City Ordinance #1597. Z Staff Report KPP-15-04 (pp. 17). 3 Kalispell City Resolution #5749• UFI €( I WY;01 i1 A OFFICE . ,. 1r5SCFNTrR LOOP KALISPRI., MT h9y01 1111 F BROADWAY - MISSOULA MT W802 r T(;E : 11:A. 'l a X 106 ., 4949 TIL 406 72R.V,l 1 - FAx 406,728-2476 WWW WGMGPOUP COM Silverbrook Estates PUD Amendment Request �,•���1•I December 12, 2016 Page 2 of 2 G R Q u medical clinic. Both are proposing professional office and retail land uses that provide well - paying jobs and add to the tax base. These land uses are proposed in an area of Kalispell with existing services and infrastructure between a developed highway interchange and a developing residential neighborhood. Furthermore, the proposed land uses are permitted in the underlying B-1 Neighborhood Business zoning, comply with the "Neighborhood Commercial' land use designation in the Kalispell Growth Policy¢ and comply with the goals and objectives of the Silverbrook Estates PUD.-5 Conceptual site plans and rendering of both land uses are included with this request. However, the current restrictions on the size of structures in the PUD are a hardship for anchor land uses that can provide appropriate traffic, bases of employment and the land use transitions specified in the PUD. Therefore, two minor amendments to the bulk and dimensional requirements of the Silverbrook Estates PUD are being requested: Amendment #16 "The total gras&-toot Jr'ir1t square footage for all buildings on the 13 commercial lots in Phase 2A shall not exceed 120,000 square feet. The footprint of the largest building shall not exceed 25,000 gss square feet." Amendment #27 "These buildings will be limited to c�actw -story construction and to a maximum of -5-4 feet in height." We hope the Committee will approve these amendments as minor modifications to the PUD. Silvermont Properties and WGM Group appreciate the consideration of the Committee and look forward to your December 15 meeting. Sincerely, WGM Group, Inc. BJ Grieve, AICP, CFM Senior Planner Encl. 4 Kalispell Growth Policy: Chapter 4, Goal 10 (p. 15), Chapter 6, Goals 3 & 6 (p. 24) 5 20o6 Silverbrook Estates PUD application, PUD Narrative (p. 4) 6 Kalispell City Resolution #5749, Condition #2. 7 2oo6 Silverbrook Estates PUD application, PUD Narrative (p.8) PLANNING FOR THE FWUR8 Planning Department 201 1-t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/ planning APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) PROJECT NAME Silverbrook Estates Subdivision Planned Unit Development (PUD) 1. NAME OF APPLICANT: Silvermont Properties, LLLP 2. MAIL ADDRESS: 315 Parkway Drive 3. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: (406)885-6081 NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT: 4. NAME: Same as Applicant above. 5. MAIL ADDRESS: 6. CITY/STATE/ZIP: PHONE: 7. TECHNICAL ASSISTANCE: WGM Group, Inc. 8. MAIL ADDRESS: 151 Business Center Loop, Suite A 9. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: (406)756-4848 If there are others who should be notified during the review process, please list those. No notification required per Section 27.19.020(9)(a) of City of Kalispell Zoning Ordinance. Check One: Initial PUD proposal X Amendment to an existing PUD (Requested amendment only to B-1 portion of PUD.) A. Property Address: _B-1 portion of PUD is at 240 Church Drive, Kalispell, MT 59901 B. Total Area of Property: B-1 portion of PUD is approximately 20.5 acres. C. Legal description including section, township 8v range: B-1 portion of PUD is on Tract 1 in NE4 of NW4 & N2 of NE4, Section 13, Township 29N, Range 22W. D. The present zoning of the above property is: R-2, R-4 & B-1 PUD (Requested amd. only to B-1 portion of PUD). 1 E. Please provide the following information in a narrative format with supporting drawings or other format as needed: Please see attached letter and exhibits regarding minor modification to existing PUD. a. An overall description of the goals and objectives for the development of the project. b. In cases where the development will be executed in increments, a schedule showing the time within phase will be completed. C. The extent to which the plan departs from zoning and subdivision regulations including but not limited to density, setbacks and use, and the reasons why such departures are or are not deemed to be in the public interest; d. The nature and extent of the common open space in the project and the provisions for maintenance and conservation of the common open space; and the adequacy of the amount and function of the open space in terms of the land use, densities and dwelling types proposed in the plan; e. The manner in which services will be provided such as water, sewer, storm water management, schools, roads, traffic management, pedestrian access, recreational facilities and other applicable services and utilities. f. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established g, How the plan provides reasonable consideration to the character of the neighborhood and the peculiar suitability of the property for the proposed use. h. Where there are more intensive uses or incompatible uses planned within the project or on the project boundaries, how with the impacts of those uses be mitigated. How the development plan will further the goals, policies and objectives of the Kalispell Growth Policy. j . Include site plans, drawings and schematics with supporting narratives where needed that includes the following information: (1). Total acreage and present zoning classifications; (2). Zoning classification of all adjoining properties; (3). Density in dwelling units per gross acre; (4). Location, size height and number of stories for buildings and uses proposed for buildings; (5). Layout and dimensions of streets, parking areas, pedestrian walkways and surfacing; 2 (6). Vehicle, emergency and pedestrian access, traffic circulation and control; (7). Location, size, height, color and materials of signs; (8). Location and height of fencing and/or screening; (9). Location and type of landscaping; (10). Location and type of open space and common areas; (11). Proposed maintenance of common areas and open space; (12). Property boundary locations and setback lines (13). Special design standards, materials and / or colors; (14). Proposed schedule of completions and phasing of the development, if applicable; (15). Covenants, conditions and restrictions; (16). Any other information that may be deemed relevant and appropriate to allow for adequate review. If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of the subdivision regulations. Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the approved plan. The signing of this application signifies that the aforementioned information is true and correct and grants approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during review process. (Applicant Signature) (Date) 3 w wycigr'`"-- i . sip A. Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan or Growth Policy compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. B. Completed application form. C. Application fee per schedule, made payable to the Kalispell Planning Department. PUD/CONCEPT PUD Zoning Review Fee Residential (no subdivision) $1,000 + $125/unit Commercial (no subdivision) $1,200 + $100/acre Residential (with subdivision) $1,000 + $100/acre Commercial (with subdivision) $1,000 + $100 / acre D. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. Please consult the with staff of the Kalispell Planning Office for submittal dates and dates for the planning board meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. The application must be accepted as complete forty-five (45) days prior to the scheduled planning board meeting. 11 12/12/2016 02:32PM 4809408228 VHIERATH PAGE 01/01 (6). Vehicle, emergency and pedestrian access, traffic circulation and control; (7). Location, size, height, color and materials of signs; (8). Location and height of fencing and/or screening; (9). Location and type of landscaping; (10). Location and type of open space and common areas; (11). Proposed maintenance of common areas and open space; (12). Property boundary locations and setback lines (13). Special desiga standards, materials and / or colors; (14). Proposed schedule of completions and phasing of the development, if applicable; (16). Covenants, conditions and restrictions; (16). Any other information that may be deemed relevant and appropriate to allow for adequate review. If the FUD involves the division of land for the purpose of conveyance, a preliminary plat shall be prepared in accordance with the requirements of the subdivision regulations. Please note that the approved final plan, together with the conditions and restrictions imposed, shall constitute the zoning for the district. No building permit &hall be issued for any structure within the district uideas such structure conforms to the provisions of the approved plam The signing of this application signifies that the aforementioned information is true and correct and grant& approval for Kalispell Planning staff to be prescat on the property for routine monitoring and inspection during review process. ,--fApplican �fa�turr-') / 'zC (Date) 3 I. — — ---^-- -- — fb w61 Z54 U.S. HIGHWAY 93 NORTH t 1 's: WT r - I j 3 e u v .; n b m go o� mxxNo �. as t MANN MORTGAGE ---� SILVERBROOK SITE SELECTION KALISPELL, iViO NTANA h''� I a0 ry CD LJ Cl) FY 57< 1, 1 LLJ (A do Z 'ViDod. puCILU-PIC1. let Cy- LLJ Lj LiU LLJ LLJ 57< -i 0 1 00 00 Con v � ^I fry ,�, 1��i i� I V � 1 �_In �i�i���'ipi i��Y+ `k�l � S{t 9�� dl J � {•P k I 1 r' I 4' � �i. fl ' ' I i. I, "�. h J1: .. __ . f. S� m, ^�. { ��I � i l 1 �I .. 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