Ordinance 1043 - Amends Ord 885 - Planned Unit DevelopmentsORDINANCE NO. 1043
AN. ORDINANCE TO AMEND THE CITY OF KALISPELL'S ZONING ORDINANCE, ORDI-
NANCE NO. 885, AS AMENDED, BY ADDING THERETO CHAPTER 8 ENTITLED:
CHANGE OF ZONING TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD) OR THE
CREATION OF A PLANNED UNIT DEVELOPMENT DISTRICT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I: The City of Kalispell's Zoning Ordinance, Ordinance .No. 885, as
amended, is hereby further amended, by adding thereto a new chapter to be designated
as Chapter 8 which shall provide as follows:
CHAPTER 8: CHANGE OF ZONING TO
PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
OR CREATION OF_A_ PLANNED UNIT DEVELOPMENT DISTRICT
#8.01.
Intent:
It is the intent of this Chapter to provide a zoning district
classification which may provide flexibility of architectural
design and mixing of land uses which preserving and en-
hancing integrity and environmental values of an area.
#8.62.
General:
The following application and review procedures shall apply
to designation and approval of all Planned Unit Developments
in the City of Kalispell.
(1) Initiation of Application: The land owner shall submit
an application to the zoning commission for a change of
zoning from the existing district to a proposed PUD district
or for creation of a PUD district on annexation of the property
into the City. The application shall be accompanied by a
preliminary plan containing the information required in Section
8.02(5). In cases where the development will be executed
in increments, a schedule showing the time within each part
will be filed and completed, shall also b.e included in the
application.
(2) Review of application: Upon submission of the application
and preliminary plan, the zoning commission shall review
such application and plan based on the following:
A. The extent to which the plan departs from zoning and
subdivision regulations otherwise applicable to the subject
property, including, but not limited to, density, bulk and
use, and the reasons why such departures are or are not
deemed to be in the public interest;
B. The nature and extent of the common open space in the
planned development project, the reliability of the proposals
for maintenance and conservation of the common open space
and the adequacy or inadequacy of the amount and function
of the open space in terms of the land use, densities and
dwelling types proposed in the plan;
C. The manner in which said plan does or does not make
adequate provision for public services, provide adequate con-
trol over vehicular traffic and further the amenities of light
or air, recreation and visual enjoyment;
D. The relationship, beneficial or adverse,. of the planned
development project upon the neighborhood in which it is
proposed to be established;
E. In the case of a plan which proposes development over
a period of years, the sufficiency of the terms and conditions
proposed to protect and maintain the integrity of the plan
which finding shall be made only after consultation with the
city attorney;
F. Conformity with all applicable provisions of this Chapter.
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(3) Action by the Zoning Commission. The zoning commission
shall review the plans and shall hold a public meeting on
the application pursuant to Section 6.13(d). Within 30 days
after the public meeting, the zoning commission shall submit
its recommendations to the City Council. The zoning com-
mission may recommend approval in whole or in part, with
or without modifications, or recommend disapproval. Such
recommendations shall include:
A. Lot area;
B. Floor area;
C. Ratios of floor space to land area;
,D. Area in which structures may be -built ("buildable
area");
E. Open space;
F. Setback lines and minimum yards;
G. Building separations;
H. Height of structures;
1. Signs;
J. Off-street parking and loading spaces;
K. Design standards;
L. Phasing of development.
(4) Action by the City Council: The City Council shall
consider the recommendation of the zoning commission and,
pursuant to a public hearing called_ by them, may affirm,
modify or deny the PUD plan. The applicant shall submit a
final plan in accordance with the approval of the City Council.
When the City Council approves the final _plan.and plat, the
area of land involved shall be redesignated as a PUD district
by ordinance which shall incorporate the final plan, including
any conditions or restrictions that may be imposed by the
City Council. Each PUD district created shall be numbered
consecutively, e.g., PUD-I, PUD-2, etc.
(5) Effect of approval; The final plan as approved, together
with the conditions and restrictions imposed, shall constitute
the zoning for the district. No building permit shall be
issued forany structure within the district unless such
structure conforms to the provisions of the plan.
(6) Abandonment or expiration: The DEPARTMENT OF PUB-
LIC WORKS and Building Department shall monitor the Planned
Unit Development for compliance with the completion schedule
set forth in the approved development plan and to assure
that all improvements have been made in accordance with
the approved, development plan. Notice of non-compliance
with completion schedule or failure to install improvements
in accordance with approved development plan shall be deli-
vered in writing to the land owner and/or developer. Within
90 days of the Notice of non-compliance or Notice of failure
to complete improvements the land owner and/or developer
may apply to the City Council for an extension of time, said
application shall set forth a proposed completion schedule
and/or new time table for installation improvements. Upon
the application of the land owner and/or developer, the City
Council may grant only one extension; and the extension
may be not in excess of the time limit imposed upon the
original development plan.
Upon the abandonment of a development authorized under
this Chapter (abandonment shall be deemed to have occurred
when no improvements have been made pursuant t- the ap-
proved development plan for a period of twelve months or
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upon the expiration of the completion schedule approved as
a part of the development plan for adevelopment which has
not been completed [improvements as used in this Section
shall mean those activities, excluding design and -obtain finan-
cing, necessary for the orderly development of property,
including the installation of private and public roads, side-
walks and curbs, public and private utilities, street lighting,
construction of buildings and landscaping, and other changes
in the property designated in the approved development plan)) .
the zoning commission or City Council may initiate an amend-
ment to the official map so that the land will be rezoned in
a category or categories which most nearly approximate its
then existing use or such other zoning category or categories
which it deems appropriate or into the category or categories
it held before being zoned as a PUD district.
(7) Limitation on rezonin : The zoning commission shall
not initiate any amendments to the zoning ordinance or official
map concerning the property involved in a planned unit
development before completion of the development as long as
development is in conformity with the approved detailed plan-
ned unit development and proceeding in accordance with the
time requirements imposed therein. From and after approval
of the planned unit development by the Council under Section
8.02(4) and 8.02(5) the Building Official is authorized to
issue appropriate permits complying with approved plan.
#8.63. STANDARDS FOR PLANNED UNIT DEVELOPMENT DISTRICT (PUD).
(1) Location of PUD: A PUD district shall be located in an
area where public and private facilities and services are
available or are to become available by the time the devel-
opment reaches the stage where they will be required.
(2) Land Area Requirement: The minimum land area required
for a change to or designation as a PUD shall be TWO acres
and shall be under single ownership. In determining whether
minimum area requirement for a PUD district have been met,
computations shall include the entire area within the boun-
daries of the district proposed, including the-ar-ea of streets.
Lands in such districts may be divided into streets, but
shall be so located, dimensioned and arranged as to permit
unified planning and development, to meet all requirements
for PUD districts and to provide adequate protection for
uses within the district and in surrounding areas.
(3) Establishment of PUD Districts: The following locational
criteria shall govern the type of Planned Unit Developments
that may be reviewed and approved by the City Council.
A. Residential PUD Districts: Residential PUD districts
can be established only in areas zoned R-2 through R-5,
RA-1 through RA-3 and D-1 through D-5 districts or directly
upon annexation in any area designated as "Residential" in
the Kalispell Area Comprehensive Plan.
B. Commercial PUD Districts. A Commercial PUD district
may be established in a B-3 through B-6 zones and C-1
through C-3 zones, or may be applied directly upon annexation
into the City of Kalispell in accordance with the Kalispell
Area Comprehensive Plan.
C. Industrial PUD District: An Industrial PUD may be
established in 1-I, 1-2, LM and CLM zones or may be applied
directly upon annexation into the City of Kalispell, in accor-
dance with the Kalispell Area Comprehensive Plan.
D. Mixed Use PUD: Based on a site plan review, and
after establishing compatibility with the adjoining land uses
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and determining that the adverse environmental impacts shall
only be minimum, the City Council may allow a Mixed Use
PUD only in non-residential zoning districts and upon annex-
ation in areas designated for business or industrial uses in
the Kalispell Area Comprehensive Plan.
(4) Use Regulations: The following regulations shall apply
to permitted uses and densities in various types of Planned
Unit Developments.
A. Residential PUD: Within a Residential PUD district, the
uses and structures permitted in R-2 through R-5 zones,
RA-1 through RA-3 zones and D-1 through D-5 zones shall
be allowed. Residential dwelling unit densities within a pro-
posed residential PUD district shall be as follows:
Residential PUD Created Maximum Permissible Densit
R-2 District
3
dwelling
units/acres
R-3 District
5
dwelling
units/acre
R-4, D-1 District
7
dwelling
units/acre
R-5 District
10
dwelling
units/acre
RA -I, D-2 District
22
dwelling
units/acre
RA-2, D-3 District
33
dwelling
units/acre
RA-3, D-4, D-5 District
44
dwelling
units/acre
Commercial uses may be allowed in a residential PUD district, provided:
(a) Such establishments and their parking areas shall not
occupy more than ten percent (10%) of the land area of the
planned unit development district of gross area 5.0 acres or
more. For those under 5.0 acres in area, the permissible
gross commercial area shall be subject to negotiation with
the Zoning Commission_ and the Council;
(b) Such establishments shalls be limited to trade and service
facilities such as stores, coin operated laundry and dry
cleaning establishments, beauty shops and barber shops.
However, service stations and repair garages shall not be
permitted;
(c) Such establishments shall be so located, designed and
operated as to serve primarily the needs of persons within
the district and not persons residing elsewhere;
(d) No building permit for any convenience commercial esta-
blishment shall be issued nor may any building be used for
a convenience commercial establishment before sixty percent
(60%) of the dwelling units contemplated in the development
plan have been constructed;
(e) The acreage proposed for commercial use and its parking
shall be excluded from the gross acreage when computing
total allowable dwelling units.
B. Commercial PUD: The uses permitted in a Commercial
PUD district shall be the same as those permitted as Condi-
tional or otherwise, in the zoning classification associated
with the .PUD created. For example, in a B-4 PUD, all
uses permitted as Conditional Use or otherwise in a B-4
zone shall be allowed.
C. Industrial PUD: The uses permitted in an Industrial
PUD district shall be the same as those permitted as a Condi-
tional Use or otherwise, in the zoning classification associated
with the PUD district created. For example, in an 1-1 PUD
district, for all uses permitted as Conditional Use or otherwise
in an 1-1 zone, shall be allowed.
D. Mixed Use PUD: Mixed Use PUD district shall be
,permitted only in areas designated as Commercial or Industrial
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in the Kalispell Area Comprehensive Plan. The uses permitted
in a Mixed Use PUD shall be determined by the City Council
on the basis of, (i) their compatibility with the' surrounding
land uses and, (ii) their compatibility with one another.
(5) PUD Preliminary Plan: The property owner applying
for a PUD district classification shall submit three copies of
a PUD preliminary plan which shall contain the following
information. If a PUD also involves a subdivision, the sub-
mittal shall also include the information and documents re-
quired for application stated in the Kalispell Subdivision Re-
gulations.
A. Proposed dimensional layout plan super -imposed on a
two to five foot interval topographic map of the area drawn
to a scale not less than I" = 200' showing all streets, build-
ings, open space, lots and other elements basic to the devel-
opment;
B. Proposed locations, areas, densities and types of residen-
tial and non-residential uses and structures within the area
proposed to be developed and maximum height of buildings
,or structures.;
C. Proposed plans for handling vehicular traffic, parking,
sewage disposal, drainage, water supply, site perimeter treat-
ment and other pertinent site development features;
D. Elevation drawings which demonstrate visually the general
architectural features of each proposed building or architec-
turally distinct group or type of buildings and the site
perimeter treatment;
E. The plan shall show the boundary lines of adjacent
subdivided or unsubdivided land and the existing zoning of
the area proposed to be changed to PUD as well as the land
adjacent thereto;
P. An innumeration of covenants in detail__proposed to be
made a part of the PUD and shall be enforceable by the
City Council;
G. A statement expressing the order in which the devel-
opment shall occur and estimated time for completing the
development. In case of a phased development, estimated
time schedule for starting and completing each phase of the
development shall be provided;.
H. Adequate provisions shall be made for a private organi-
zation with direct responsibility to, and control by, the
property owners involved to provide for. the operation and
maintenance of all common facilities, including private streets
jointly shared by each property owner, if such facilities are
a part of the planned unit development, and in such instance,
legal assurances shall be provided which show that the private
organization is self-perpetuating and adequately funded to
accomplish its purposes, real property taxes of the private
streets and common areas shall be assessed an levied pro-rata
to all privately owned parcels within the district;
I. Adequate provisions shall be made for. common facilities
which are not dedicated to the public to be maintained to
standards assuring continuous and adequate maintenance at
a reasonable and nondiscriminatory rate of charge to be
beneficiaries thereof. Common facilities not dedicated to the
public shall be operated and maintained by the private organi-
zation and at no expense to any governmental unit;
J. All private streets shall be maintained by the aforesaid
private organization in such a manner that adequate and
safe access is provided at all times to vehicular traffic so
that fire, police, health, sanitation and public utility vehicles
can serve the properties contiguous or adjacent thereto and
so that said vehicles will have adequate turning area;
K. The off-street parking to be provided shall meet the
minimum standards for off-street parking as shown in Table
4-1 of the Kalispell Zoning Ordinance;
L. Where a PUD also involves subdivision of land, it shall
also meet the requirements of the Kalispell Subdivision Regu-
lations and the Montana Subdivision and Platting Act;
M. The City Council, shall require bonding or any other
appropriate collateral to ensure that all required improvements
shall be satisfactorily completed in accordance to the approved
plans, specifications and time schedule.
N. Any other information, plans and details which the
planning board and/or the City Council may desire to fully
evaluate the development proposal and its impacts.
(6) Preparation of Final Plan: Upon approval of the preli-
minary plan by the City Council, the property owner may
proceed with.. the preparation of the PUD final plan which
shall:
A. Incorporate all the conditions imposed by the City Council
at the time of approval of the preliminary plan;
B. Have the following certification on the face of the Plat:
1, , owner and developer of the property
set forth above do hereby agree that I will develop the
above property as a Planned Unit Development in accordance
to the submitted PUD plan.
Signature
Property owner/Developer
Approved this day of 19 , by the Kalispell
City Council.
� re ay
Attest:
City Clerk
(7) Filling and Maintenance of Final Plan: The applicant
shall submit four (4) signed copies of the PUD, final plan
and related documents to the Flathead Regional Development
Office. Upon approval by the City Council, one signed
copy of the plan shall be returned to the applicant, a signed
copy shall be retained on file in the City Clerk's Office and
one signed copy each shall be forwarded to the Flathead
Regional Development Office and the City Building Inspector.
SECTION II. The balance of this City of Kalispell Zoning Ordinance, Ordinance
No. 885, as amended, not amended hereby shall remain as written.
SECTION III. This Ordinance shall be effective thirty days from and after its final
passage and approval by the Mayor.
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FINALLY PASSED BY THE CITY COUNCIL .OF THE CITY OF KALISPELL, MONTANA,
AND APPROVED BY THE MAYOR THIS L DAY OF 1984•
ATTEST:
Marjorie piermann, City Clerk -Treasurer
1, Marjorie Gier an , City Clerk of the City of Kalispell, Montana, do certify that on
the _Z�L_day of 2 , 19-&-, 1 posted a copy of the foregoing ordinance
in my office, and the saAe remained posted until the second reading on the ;Z_ / day of
19 _, and the foregoing is a -true and correct copy of the ordinance
as passect by the City ouncil. a';� . 1. " J .';.. w 14 - _
City C
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City of gal.ispell, Montana