Ordinance 1070 - Text Amendment - Mixed Use PUDsORDINANCE NO. 1070
AN ORDINANCE AMENDING SECTIONS 8.03(3)(D) AND 8.03(4)(D•) OF THE CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 885 AS AMENDED BY
ORDINANCE NO. 1043 AND ORDINANCE NO. 1054, APPENDIX "B" KALISPELL CITY
CODE), BY DESIGNATING STANDARDS TO BE APPLIED IN CONSIDERING MIXED
USE PUD'S, AND TO PROVIDE AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL:
SECTION I. That Section 8.03(3))D) of the City of Kalispell Zoning
Ordinance is hereby amended to read as follows:
Section 8.03(3)(D)
Mixed Use PUD: Based on a site plan review, and after
establishing compatibility with the adjoining land uses and
determining that the adverse environmental impacts shall only.
be minimum, the City Council may allow a Mixed Use PUD in
any district which qualifies for a Residential, Commercial,
or Industrial PUD.
SECTION II. That Section 8.03(4)(D) of the City of Kalispell Zoning
Ordinance is hereby amended to read as follows:
Section 8.03(4)(D)
Mixed Use
PUD:
The uses appropriate to
a Mixed Use PUD
located in
any
district
which qualifies for
a Commercial or
Industrial
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.
A Mixed use PUD proposed in a residential district (refer to
8.03(3)(A) may be permitted with both residential and com-
mercial uses as per the following criterion:
(a) The minimum land area for a Mixed Use PUD
in a residential district is twenty (20) acres.
(b) The predominant land use character of the
district must be residential;
(c) The residential uses appropriate to a Mixed
Use PUD in a residential district are as permitted
in a Residential PUD;
(d) The maximum permissable building height is
35 feet;
(e) The maximum floor area ratio for the combined
commercial uses must be less than 0.50;
(f) The maximum permissable ground coverage
including all roads, buildings, and other areas
of impervious coverage must be less than 70%;
(g) Industrial and non -compatible commercial uses
are not permitted. Commercial uses that may be
permitted include all uses permitted in B-1 , B-2,
and B-4 zones (refer to Table 3-1 ) or C-1 , and
C-2 zones with the following exceptions, which
will not be permitted:
Automobile commercial parking enterprises;
automobile safes; automobile rental agency office;
automobile service stations except those with pump
services only; boat sales; car washing and waxing
in conjunction with an automobile service station;
food processing plant; motels and motor hotels;
plumbing and heating materials retail and service;
used car lots; wholesale and "jobbing" establish-
ments.
(h) Vehicular access to all uses and/or activities
of the Mixed Use PUD shall be limited to the
internal road system of the Mixed Use PUD.
Frontage of uses on a perimeter roadf highway
system shall be prohibited.
(i) Such commercial establishments shall be
architecturally harmonious and compatible with the
associated residential uses and primarily serve the
needs of the persons residing in the district and
those in the immediate vicinity; and,
(j) In the event that plans for a Mixed Use
PUD include a commercial use not specifically listed
in Table 3-1 , then the City Council of Kalispell
shall make a determination on whether such use
is generally compatible with residential uses and
with the "mix" of uses proposed in the PUD.
SECTION III. The balance of the Kalispell Zoning Ordinance not amended
hereby remains unchanged.
SECTION IV. This Ordinance shall be effective thirty (30) days from
and after the date of its final passage by the Council and approval by
the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR THIS 16th DAY OF December , 1985.
ATTEST:
Don Halver, City Clerk -Treasurer
I-
I, Don Halver, City Clerk of the City of Kalispell, Montana, do certify that
on the day of , 19_, I posted a copy of the
foregoing ordinance in my office, and the same remained posted until the
second reading on the day of , 19 , and the
foregoing is a true and correct copy of the ordinance as passed by the City
Council.
City Clerk of the City of Kalispell, Montana