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Silverbrook AmendmentsPLANNING FOR THE FUTURE REPORT TO: FROM: SUBJECT: MEETING DATE: Mo1ff"A Doug Russell, City Manager V' Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning PUD Amendment Request — Silverbrook February 21, 2017 BACKGROUND: The original PUD 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 to the PUD: • The total gross 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 24 40 feet in height. In addition to the PUD amendments shown above, the preliminary plat for Phase 2 of Silverbrook needs to be amended to represent the amendment being considered for the PUD. Condition No. 2 of Phase 2 of the preliminary plat needs to be amended in the following fashion: • The total grass 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 grass square feet. The Council held a public hearing on February 6, 2017 for the Silverbrook PUD amendment request. During the public hearing, the applicant and a member of the public spoke in favor of the request. There being no further testimony the public hearing was closed. RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1785, an ordinance amending the Silverbrook PUD, located within the NE4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. It is also recommended that the Kalispell City Council approve Resolution 5806, a resolution amending condition No. 2 of the preliminary plat approval for Phase 2 of Silverbrook, located within the NE4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: Approval of the request will allow the applicant to proceed with development of the site, which in turn will have positive fiscal impact. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1785 Resolution 5806 PUD Amendment Request Public Hearing letter to property owners and Notice of Public Hearing Report compiled: February 15, 2017 c: Aimee Brunckhorst, Kalispell City Clerk ki 0orlfl�ll PI anning Surveying Engineering Design December 12, 2016 Kalispell Site Development Review Committee Attn: P.J. Sorensen, Esq., Chairman 201 1 st 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 #25.1 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• 2 Staff Report KPP-15-04 (pp. 17). 3 Kalispell City Resolution #5749• KALISPELL OFFICE 151 BUSINESS CENTER LOOP, STE A + KALISPELL, MT 59901 TEL: 406.756.4848 • FAX: 406:756-4849 MISSOULA OFFICE 1111 E. BROADWAY • MISSOULA, MT 59802 TEL:406.728.4611 • FAX: 406:728-2476 W W W.WGMGROUP.COM Silverbrook Estates PUD Amendment Request ,`♦���1•I December 12, 2016 1 Page 2 of 2 E' L._ 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 Policy4 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 greys 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." Amendment #27 "These buildings will be limited to onetwo-story construction and to a maximum of 2-&-40 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) s 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 FUTURE January 20, 2017 Re: February 6, 2017 Public Hearing — Silverbrook PUD Amendment Dear property owner: Planning Department 201 1" Avenue East Kalispell, NIT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning This letter is to inform you that a written request has been received from Silvermont Properties, LLLP (Marvin Gault), for an amendment to the Silverbrook Planned Unit Development (PUD) agreement. The original PUD 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 the developer has requested the following amendments, additions are underlined and deletions are struck out: • The total gross 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 grass square feet. • These buildings will be limited to ene two-story construction and to a maximum of 2-5 40 feet in height. A public hearing has been scheduled for February 6, 2017 at 7:00 p.m. in the City Council Chambers, at which time the Kalispell City Council will consider the request. During the public hearing you will have an opportunity to speak regarding the application request. If you have any questions or comments, please contact Jarod Nygren at (406) 758-7940, or jnygren@kalispell.com. 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 KA.LISPELL 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 Hearing. 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 JANUAR-', 2017. on aye_ ATTEST: ty�tebt,t',.< ; J F Aim e Branckhorst, CMC City Clerk AL - s,92 CITY OF ISPELL, MONTANA 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 comer of Church Drive and Highway 93 North in the City of Kalispell. Further information is available on-line on the city's website at w%v� ' k;.' kalispell,coni 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 S S11.c �r 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 conirnents with the City Clerk prior to such hearing. Dated this 17th day of January, 2017. cati "ublin Dates: January 22, 2017 10 January 29, 2017 BY ORDER OF THE CITY 0. ri By Aim& Brunckhorst, CMC '602 City Clerk 6,