HomeMy WebLinkAbout1-3-2022 Bozeman Municipal Code Division 38.430 Planned Unit Developments1/3/22, 11:05 AMBozeman, MT Code of Ordinances[Figure 38.420.110.Acceptable park and pathway development frontages.DIVISION 38.430. - PLANNED UNIT DEVELOPMENTSSec. 38.430.010.-Intent.A. It is the intent of the city through the use of the planned unit development (PUD) concept, to promote maximumflexibility and innovation in the development of land and the design of development projects within the city. Specifically,with regard to the improvement and protection of the public health, safety and general welfare, it is the intent of thischapter to promote the following community objectives:1. To ensure that future growth and development occurring within the city is in accord with the city's adopted growthpolicy, its specific elements, and its goals, objectives and policies;2. To allow opportunities for innovations in land development and redevelopment so that greater opportunities forhigh quality housing, recreation, shopping and employment may extend to all citizens of the city area;3. To foster the safe, efficient and economic use of land, transportation and other public facilities;4. To ensure adequate provision of public services such as water, sewer, electricity, open space and public parks;5. To avoid inappropriate development of lands and to provide adequate drainage, water quality and reduction offloaddamage;6. To encourage patterns of development which decrease automobile travel and encourage trip consolidation, therebyreducing traffic congestion and degradation of the existing air quality;7. To promote the use of bicycles and walking as effective modes of transportation;8. To reduce energy consumption and demand;9. To minimize adverse environmental impacts of development and to protect special features of the geography;10. To improve the design, quality and character of new development;11. To encourage developmentof vacant properties within developed areas;12. To protect existing neighborhoods from the harmful encroachment of incompatible developments;13. To promote logical development patterns of residential, commercial, office and industrial uses that will mutuallybenefit the developer, the neighborhood and the community as a whole;14. To promote the efficient use of land resources, full use of urban services, mixed uses, transportation options, anddetailed human-scale design; and15. To meet the purposes established in section 38.100.040.270/438
1/3/22,11:05 AM Bozeman, MT Code of OrdinancesSec. 38.430.020.-Application and uses of a planned unit development.A. A planned unit development may be applied to any subdivision, or to any development having one or more principaluses or structures on a single parcel of real property or contiguous parcels of real property. Land use patterns and usesmust conform to growth policy land use designations and underlying zoning districts. Approval for an additional use orcombination of uses may be allowed in a planned unit development only when such additional uses are consistent withthe city growth policy and relevant criteria in section 38.430.090.E and are not prohibited elsewhere in this chapter.B. All planned unit developments must consist of a harmonious arrangement of lots, uses, buildings, parking areas,circulation and open spaces. All planned unit developments must be designed as an integrated unit, in such a manner asto constitute a safe, efficient and convenient development.C. Any planned unit development is considered as a conditional use within the zoning district in which it is to be located.D. All planned unit developments must complement or be harmonious with existing adjacent development.Sec. 38.430.030. - Special conditions of a planned unit development.A. The following special conditions apply to any planned unit development:1. Single ownership. The tract or parcel of land involved must be either in one ownership or the subject of anapplication filed jointly by the owners of all the property to be included.2. Title holdings. The approved final plan must specify the manner of holding title to areas and facilities of joint use andhow areas of joint use must be maintained. Normally such areas and facilities must be retained in title by thedevelopers or deeded to an organization composed of all owners in the development meeting the requirements ofsection 38.220.310.3. Reserved.4. Use of general building and development standards.a. All planned unit developments must be reviewed against the development standards established in this chapter.However, in order to encourage creativity and design excellence that would contribute to the character of thecommunity,deviationsfromtherequirementsorthestandardsofthischapter may be granted by the reviewauthority after considering the recommendations of the applicable review bodies established by this chapter.The PUD application must be accompanied by written and graphic material sufficient to illustrate the initial andfinal conditions that the modified standards will produce. Such written and graphic materials may include textualdescriptions, site plans, renderings of proposed elevations or landscapes, or similar materials.b. All requested deviations, waivers of submittal requirements and other relaxations of regulatory requirementsmust be identified in writing at the time of preliminary plan submittal. Failure to identify such items may result inthe delay of application processing in order to receive necessary materials, provide additional public notice orimplement other curative actions.c. The review authority must make a determination that the deviation will produce an environment, landscapequality and character superior to that produced by the existing standards of this chapter, and which will beconsistent with the intent and purpose of this division 38.430, with the adopted goals of the city growth policyand with any relevant adopted design objectives plan. Upon deciding in favor of the deviation request, the reviewauthority may grant deviations, above or below minimum or maximum standards respectively as established inthis chapter, including the complete exemption from a particular standard. If the review authority does notdetermine that the proposed modified standards will create an environment, landscape quality and charactersuperior to that produced by the existing standards of this chapter, and which will be consistent with the intentand purpose of this division 38.430 and with any relevant design objectives plan, then no deviation will begranted.271/438
1/3/22, 11:05 AM Bozeman, MT Code of Ordinances5. Establishing additional standards. In addition to the general building and development standards, the city has the rightgeneral design standards, guidelines and policies, for the purpose of implementing and interpreting the provisions of tt38.430.6. Conformance to sign code. All signs proposed in conjunction with a planned unit development must comply withdivision 38.560 of this chapter. All signage must be approved as part of the PUD and must be designed as an integralelement of the overall planned unit development. Approval of signs within a planned unit development rests upon adetermination by the city commission, as provided by the specific proposal, that the intent of the sign regulations isachieved. The reviewauthority may approve a deviation for signs which do not comply with division 38.560 of thischapter.Sec. 38.430.040. - Planned unit development review procedures and criteria.A. When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision review must becoordinated with the zoning review. All steps listed in this section apply whether the application is for a subdivision orzoning PUD, and references herein to plan includes plat unless the context clearly indicates otherwise. Approval of aplanned unit development consists of three procedural steps: pre-application, preliminary plan, and final plan. Allsubdivision PUDs must also meet all standards for plats.1. Pre-application review.a. A pre-application review is mandatory for all planned unit development proposals.b. A pre-application must be submitted for review and discussion with the DRC, DRB, and planningstaffoftheapplicant's proposal and any requirements, standards or policies that may apply. This step represents anopportunity to identify any major problems that may exist and identify solutions to those problems beforeformal application.c. Pre-application review procedures. Pre-application review meetings will be held by the DRC and DRB and willprovide guidance for planned unit development applications. The general outline of the planned unitdevelopment proposal, presented as graphic sketch plans, must be submitted by the applicant to the communitydevelopment department at least ten days prior to the meeting of the review bodies. The outline must bereviewed by the DRC and DRB. Thereafter, the community development department must furnish the applicantwith written comments regarding such submittal, including appropriate recommendations to inform and assistthe applicant prior to preparing the components of the planned unit development preliminary plan application.2. Preliminary plan review. Sufficient information must be submitted to permit review of the land use relationships,densities and the type, size and location of the principal design elements of the planned unit development by theadvisory bodies and review authority. For a planned unit development that will be developed in phases,thedeveloper must submit either a preliminary plan for all phases, or else submit a preliminary plan for the initial phaseor phases and development guidelines for all subsequent phases. Submittal requirements are in addition to thoserequired for site plan and conditional use permit review.a. Application process. Upon completion of pre-application review and receipt of the community developmentdepartment's comments on the pre-application, an application for preliminary plan approval may be filed withthe community development department.b. Public hearings and meetings. Notice of public hearings and/or public meetings for any preliminary planapplication must be provided in accordance with division 38.220 of this chapter.c. Review criteria. In order to approve an application for a planned unit development the city commission mustdetermine that the application is in conformance with all applicable standards, objectives and criteria of thischapter unless an appropriate deviation is granted.d. Recommendations. The DRC and DRB must recommend the approval, conditional approval or denial of the272/438
1/3/22, 11:05 AM Bozeman, MT Code of Ordinancespreliminary plan to the review authority and must include in such recommendation the basis upon which suchrecommendation was determined.e. Preliminary plan approval. The city commission, after conducting a public hearing, may approve, disapprove orapprove with conditions the proposed planned unit development. The city commission must issue a writtenrecord of its decision to discuss and weigh the review criteria and standards applicable to the PUD.3. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/ordevelopment guidelines except as provided for in subsection 3.d of this section, and must be reviewed by DRC andADR staff and approved by the review authority.a. Application process. Upon approval or conditional approval of a preliminary plan and the completion of anyconditions imposed in connection with that approval, an application for final plan approval may be submitted.b. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan must comply withthe approved preliminary plan. This means that all conditions imposed by the city commission as part of itsapproval of the preliminary plan have been met and:(1) The final plan does not change the general use or character of the development;(2) The final plan does not increase the amount of improved gross leasable non-residential floor space by morethan five percent, does not increase the number of residential dwelling units by more than five percent anddoes not exceed the amount of any density bonus approved with the preliminary plan;(3) The final plan does not decrease the open space and/or affordable housing provided;(4) The final plan does not contain changes that do not conform to the requirements of this chapter, excludingproperly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectivesor criteria of this chapter. The final plan must not contain any changes which would allow increaseddeviation/relaxation of the requirements of this chapter; and(5) The final plat, if applicable, does not create any additional lots which were not reviewed as part of thepreliminary plan submittal.c. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in themanner described above. Prior to final plan approval, the review authority may request a recommendation fromthe DRB, DRC, ADR staff, orother entity regarding any part of a proposed final plan. If a final plat is part of thefinal plan submittal, the review authority per section 38.200.010 is responsible for approval of the final plat.(1) Final plats associated with a PUD must comply with the requirements of sections 38.240.150 and 38.220.070.d. Amendments to final plan. Issuance of building permits and other development approvals are based on theapproved final plan and any conditions of approval. No city administrative personnel are permitted to issuepermits for improvements which are not indicated on the approved final plan with the exception of the following:(1) Minor changes.(a) Minor changes to a planned unit development may be approved administratively and in writing,whereupon a permit may be issued. Such changes may be authorized without additional public notice atthe discretion of the review authority. This provision does not prohibit the review authority fromrequesting a recommendation from the DRB, DRC, ADR staff or other entity.(b) Minor changes are defined as follows:(i) Those developments that do not change the character of the development;(ii) An increase of less than five percent in the approved number of residential dwelling units;(iii) An increase of less than five percent in the approved gross leasable floor areas of retail, service, officeand/or industrial buildings;273/438
1 /3/22, 11:05 AM Bozeman, MT Code of Ordinances(iv) A change in building location or placement less than 20 percent of the building width without compromiUDO;(v) An increase in the number of lots less than two percent without increasing the density by more than fivepercent. This is applicable only to zoning PUD plans, not subdivision PUD plats;(vi) A final plan which does not contain any changes which would allow increased deviation/relaxation ofthe requirements of this chapter; and/or(vii) A final plat, if applicable, which does not create any additional lots which were not reviewed as part ofthe preliminary plan submittal.(c) When a planned unit development has been prepared in sufficient detail to address the concerns ofdivision 38.230 of this chapter including but not limited to general building envelopes, design character ofbuildings, and landscaping for some or all of the parcels within its boundaries the final site developmentplans may be reviewed as an amendment to the PUD final plan. The intention to use this provision mustbe part of the initial submittal and review of the PUD.(2) Major changes.(a) Major changes to a planned unit development must follow the same planned unit development reviewand public notice and comment process required for approval of preliminary plans. The final plan mustnot contain any changes which would allow increased deviation/relaxationofthe requirements of thischapter without being individually noticed and reviewed for the proposed change.(b) Major changes are defined as follows:(i) A change in the character of the development;(ii) An increase of greater than five percent in the approved number of residential dwelling units;(iii) An increase of greater than five percent in the approved gross leasable floor areas of retail, service,office and/or industrial buildings;(iv) A reduction in the approved open space and/or affordable housing units provided;(v) A change in the location and placement of buildings; and/or(vi) An increase in the number of lots above what was approved through the preliminary plan review. Thisis applicable only to zoning PUD plans, not subdivision PUD plats. The final plat, if applicable, may notcreate any additional lots which were not reviewed as part of the preliminary plan submittal.Sec. 38.430.050. - Plan submittal requirements.For each stage of the review process, the applicable information and data described in division 38.220 of this chapter must besubmitted unless the DRC determines that the information is unnecessary for the proper evaluation of the development based onthe evaluation of the pre-application review. Only after the community development department has determined that all requiredinformation has been submitted will the application be processed. When a proposed PUD includes both a subdivision and zoningcomponent, a coordinated application on a form to be provided by the community development department must be used tocoordinate submittal materials and prevent redundant requirements.Sec. 38.430.060. - Duration of planned unit development approval.A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of aPUD.1. Within a maximum of one year following the approval of a preliminary plan, the applicant must file with thecommunity development department a final plan in detailed form covering the entirety, or one or more phases, of274/438
1/3/22, 11:05 AM Bozeman, MT Code of Ordinancesthe development.2. Upon application and in accordance with the standards of section 38.230.140.F, the community developmentdirector may administratively extend the period for filing a final plan for six-month periods. The granting ofadministrative extensions under this section may, at the discretion of the community development director, bereferred to the city commission.3. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right toproceed under the preliminary plan will expire for any portion of the preliminary plan for which a final plan has notbeen timely filed.B. Duration of final plan approval.1. The applicant must undertake and complete the development of an approved final plan within two years from thetime affinal plan approval. For the purposes of this section, a development is substantially complete once allengineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) areinstalled and completed in accordance with city rules and regulations. Extensions for periods of not more than oneyear may be administratively granted by the community development director in accordance with the standards ofsection 38.230.140.F. The granting of administrative extensions under this section may, at the discretion of thecommunity development director, be referred to the city commission.2. A request for extension of final approval under this section must be submitted to the community developmentdirector in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written requestwithin the specified time period will cause forfeiture of the right to extension affinal approval. Failure to constructthe development and implement improvement requirements within the specified time limit will cause a forfeiture ofthe right to proceed under the final plan and require resubmissionofall materials and re-approval ofthe samethrough the preliminary plan procedures.3. The timing of all extensions affinal plan approval must be coordinated with the approval period established for anysubdivision plat approval that is part of the PUD so that any expiration dates are consistent.4. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.430.070.Sec. 38.430.070. - Phasing of planned unit developments.A. Applications for phased planned unit developments. If a planned unit development is intended to be developed overtime in two or more separate phases, application for approval of a phased planned unit development must followprocedures established for pre-application review as outlined in this division 38.430. After pre-application review iscompleted, phased PUDs may be proposed in accordance with one of the following procedures:1. Application for simultaneous approval of all phases of the PUD.a. Where all phases of a PUD are planned in detail, an application for approval of all phases of the PUD maybemade in accordance with preliminary plan review and approval procedures outlined in this division 38.430. Insuch cases, preliminary plans and all required supplemental information must clearly set forth phaseddevelopment boundaries, schedules and other details pertaining to the phasing of the project.b. Upon approval of the preliminary plan for all phases of the PUD, each phase of the development may occur inaccordance with the review and approval procedures for final plans as specified in this division 38.430.2. Application for approval of initial phase of the PUD with subsequent phases master planned and subject todevelopment guidelines. Where the applicant wishes to gain preliminary and final approval for the initial phase of aPUD, and further wishes to gain master plan and development guidelines approval for subsequent phases of the275/438
1/3/22,11:05 AM Bozeman, MT Code of OrdinancesPUD, preliminary and final plan review and approval procedures for the initial phase must be followed in accordancewith this division 38.430. A master plan and development guidelines for the remaining phases of the developmentmust be provided for review and approval as outlined in subsection B of this section.B. Phased PUD approval process. Master plans and development guidelines will be reviewed and approved according tothe procedures established for preliminary plans as set forth in this division 38.430. When a master plan anddevelopment guidelines for a phased PUD have been reviewed and approved by the review authority, each phase of thePUD may be developed in accordance with the review and approval procedures set forth in this division 38.430 for finalplan reviews.C. Phased PUD review criteria.1. The review criteria for phased preliminary and final PUDs is the same as that for PUDs as set forth in this chapter.2. In those cases where master plans and development guidelines are proposed to govern the development of futurephases of the PUD, the review authority must determine that the proposed master plan and development guidelinesare provided in sufficient detail to support a determination that the phased PUD will comply with all requirementsfor PUD approval if developed in accordance with the approved master plan and development guidelines.3. DRB or ADRstaff.as applicable, and DRC must review preliminary and final plans, for those phases of a PUD whichhave an approved master plan and development guidelines, for compliance and consistency with said master planand development guidelines.4. Should DRC, DRB or ADR staff, as applicable, determine that proposals to develop subsequent phases of a PUD arenot in compliance with the approved master plan and development guidelines, the determination may be appealedto the city commission subject to the provisions of division 38.250.D. Phased planned unit development submittal requirements.1. Master plan submittal requirements. Master plans for phased PUDs must consist of a detailed site plan depicting:a. Existing conditions for the entire phased PUD as required by section 38.220.120.A.2 and 3; andb. Proposed conditions pertaining to such elements as building location, open spaces, vehicular and pedestriancirculation, and boundaries of the individual phases of the PUD in as much detail as is required by the evaluationof the pre-application review as outlined in this division 38.430.2. Development guidelines submittal requirements. Development guidelines for phased PUDs must be submitted tothe community development director as detailed in application forms. Development guidelines for phased PUDsmust contain the information as is required by the evaluation of the pre-application review as outlined in thisdivision 38.430. Such information may include, but is not limited to, the following:a. A description of submittal requirements and review procedures for the approval of preliminary and final planssubmitted in accordance with the master plan and development guidelines (to be developed with the assistanceof staff);b. A description of the coordination with any other applicable review procedures, e.g., subdivision review;c. A complete list of proposed or potential land uses;d. Sign guidelines: type, location, design, illumination, size and height;e. Perimeter buffering guidelines with specific regard to adjoining land uses;f. Landscaping guidelines, including a description of the landscaping theme in relation to the streetscape, thebuildings on site, and any proposed signage, open space treatment, parking and circulation areas, display areasand screening;g. Design guidelines for outdoor storage and/or display;h. Protective covenants which may include requirements, property owners' association provisions, provisions for276/438
1/3/22, 11:05 AM Bozeman, MT Code of Ordinancesmaintenance, etc.;i. Parking: guidelines for design, provision for shared facilities, circulation between lots, coordination with sidewalksystem, and service areas;j. Dimensional requirements: building heights, setbacks (interior and perimeter), open space, etc.;k. Lighting;I. Architectural guidelines;m. Provisions for utilities, communications and refuse;n. Guidelines for noise, emissions, glare, hazardous materials, etc.; ando. Improvements schedule.E. Open space provisions for phased PUD developments. If a project is to be built in phases, each phase must include anappropriate share of the proposed recreational, open space, affordable housing and other site and building amenities ofthe entire development used to meet the requirements of section 38.430.090.E.2. The appropriate share of theamenities for each phase must be determined for each specific project at the time of preliminary approval and may notbe based solely upon a proportional or equal share for the entire site. Requirements may be made for off-siteimprovements on a particular phased project.F. Final plans for phased PUD developments. Final plans for a planned unit development may be submitted in phases. Thefinal plan must conform to the preliminary plan of a planned unit development, as approved.G. Duration of phased PUD development guidelines approval. Within a maximum of five years following the approval ofdevelopment guidelines for a planned unit development, development must commence or the development guidelinesmust be reviewed for renewal. Any subsequent approvals of a preliminary plan must conform to the developmentguidelines.Sec. 38.430.080. - Enforcement of approval requirements and conditions.The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan,building elevations, other approved documents, or other element pertaining to a planned unit development which has receivedfinal approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section38.200.160.Sec. 38.430.090. - Planned unit development design objectives and criteria.A. General. For any planned unit development proposal to be approved it must first be found, by the review authority, afterrecommendation from the DRC, DRB orWRB (if applicable), to be in compliance with this chapter including anyapplicable criteria of this section.B. Land use classifications.1. The design objectives and criteria with which a planned unit development proposal must comply are dependentupon the designated growth policy land use classification and zoning district of the site proposed for the plannedunit development.2. All planned unit developments are reviewed against the objectives and criteria designated for all development. Eachindividual planned unit development is then reviewed against the objectives and criteria established for the land useclassification of the site on which the proposal is to be located. A planned unit development must satisfy all theobjectives and criteria of all applicable groups.3. In evaluating planned unit developments, the city may determine that certain criteria are not applicable or areirrelevant to a particular development proposal and therefore do not apply to that proposal unless those criteria areapplicable to a deviation which is being sought by the applicant. Subsection E of this section contains the groups of277/438
1/3/22,11:05 AM Bozeman, MT Code of Ordinancesobjectives and criteria against which planned unit developments are reviewed.C. Evaluation process. The acceptability and performance of a planned unit development proposal will be evaluated asfollows: Each of the relevant objectives and criteria for the applicable land use classification and for all developmentcontained in subsection E of this section, will be answered "Yes," "No" or "Not Applicable" (NA). A "No response" to any ofthe applicable objectives and criteria will automatically preclude the development proposal from further considerationand eventual approval, unless a deviation is granted by the review authority. An objective or criterion is applicable if itcan reasonably be applied to the development proposal. The applicant must clearly demonstrate how the planned unitdevelopment specifically addresses each applicable objective and criterion.D. Responsibility for impact mitigation. To protect the character of new and existing neighborhoods against intrusive anddisruptive development, any negative or adverse impacts must be effectively mitigated in the planned unit developmentplan, per the following guidelines:1. When two adjacent parcels are developed simultaneously, the responsibility for mitigating conflicts is upon the moreintense use.2. When a use is the first to develop on two adjacent vacant parcels, the first use must provide the necessary buffer toany reasonable future use as determined by the city.3. The second use to develop must, at the time it develops, take all additional steps necessary to mitigate conflicts.4. When a planned unit development includes a use or uses which are not otherwise permitted in the underlyingzoning district, the responsibility for impact mitigation lies exclusively with the planned unit development proposal.E. Design objectives and PUD review criteria.1. The city will determine compatibility of a project based upon the evidence presented during evaluation of thecommunity design objectives and criteria of this chapter.2. In addition to the criteria for all site plan and conditional use reviews, the following criteria will be used in evaluatingall planned unit development applications.a. All development. All land uses within a proposed planned unit development must comply with the applicableobjectives and criteria of the mandatory "all development" group.(1) Does the development comply with all city design standards, requirements and specifications for thefollowing services: water supply, trails/walks/bike ways, sanitary supply, irrigation companies, fire protection,electricity, flood hazard areas, natural gas, telephone, storm drainage, cable television, and streets?(2) Does the project preserve or replace existing natural vegetation?(3) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed andarranged to produce an efficient, functionally organized and cohesive planned unit development?(4) Does the design and arrangement of elements of the site plan (e.g., building construction, orientation, andplacement; transportation networks; selection and placement of landscape materials; and/or use ofrenewable energy sources; etc.) contribute to the overall reduction of energy use by the project?(5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) designed andarranged to maximize the privacy of residents of the project?(6) Parkland. Does the design and arrangement of buildings and open space areas contribute to the overallaesthetic quality of the site configuration, and has the area of parkland or open space been provided for eachproposed dwelling as required by section 38.420.020?(7) Performance. All PUDs must earn at least 20 performance points. Points may be earned in any combinationof the following. The applicant must select the combination of methods but the city may requiredocumentation of performance, modifications to the configuration of open space, or other assurances that278/438
1/3/22,11:05 AM Bozeman, MT Code of Ordinancesthe options selected will perform adequately.(a) Provision of affordable housing. Exclusive of housing used to satisfy division 38.380:(i) Five points for each percent of dwellings to be constructed in the residential development which areprovided by donation to the city or nonprofit Community Housing Development Organization; orthree points for each build-ready lot donated to the city or nonprofit Community HousingDevelopment Organization for affordable housing provided by a residential or non-residentialdevelopment; or(ii) Three points for each percent of dwellings to be constructed in the residential development which areprovided by long term contractual obligation to an affordable housing agency, for a period of not lessthan 20 years, with a written plan assuring ongoing affordability pricing and eligibility monitoring, andannual re-certification. The city's affordability guidelines and subsequent revisions establishaffordability and eligibility,(b) Additional open space.(i) One point for each percent of the project area that is provided as non-public open space; or 1 % pointsfor each percent of the project area that is provided as publicly accessible open space.(ii) The portion of the project to be considered in determining the size of area to be provided for openspace will be the gross project area less areas dedicated and transferred to the public, and/or used tomeet the parklands requirements of subsection E.2.a.(6) of this section. The area provided for openspace must be exclusive of setbacks on individually owned lots and interior parking lot landscaping,and subject to the performance standards of division 38.420 of this chapter. The area may beprovided through a combination of one or more of the following means:(A) Open space within the project boundaries and commonly held by the property owners'association for the use of owners, residents and their guests;(B) Open space within the project boundaries and developed as usable recreation space with acorresponding public use easement;(C) Outside of the project boundaries as an addition to an existing off-site park adequate in locationand size to meet the recreational needs of the residents;(D) Cash-in-lieu of open space subject to the standards of section 38.420.030: or(E) Open space outside of the project boundaries adequate in size and location to meet therecreational needs of the residential development. The site is subject to the standards of division38.420 of this chapter and must demonstrate a geographic and service relationship to theresidential development.(c) Adaptive reuse of historic buildings. Two points for each ten percent of total number of dwelling units in aresidential development which are provided by the adaptive reuse of an individually listed or eligible tobe listed historic structure; one point for each ten percent of total commercial and/or industrial floor areawhich is provided by the adaptive reuse of an individually listed or eligible to be listed historic structure;up to a total ofone-third of the performance points required to be earned.(d) Underutilized and brownfield sites. One point for each 50 percent increase in the total square footage ofcommercial and/or industrial floor area on underutilized sites; one point for each 50 percent increase inthe total number of dwelling units on underutilized sites; one point for each acre developed of theenvironmentally contaminated land; up to a total of one-third of the performance points required to beearned.(e) Designed to meet LEED-ND and be conditionally approved or have pre-certification by the authority (15279/438I
1/3/22, 11:05 AM Bozeman, MT Code of Ordinancespoints).(f) Inclusion of a low impact development plan (6 points) that includes the following:(i) On-site stormwater treatment systems that exceed the requirements of chapter 40. article 4,Stormwater, including but not limited to: incorporating drainage methods and technologies that treat,detain and/or infiltrate stormwater as close as possible to the source of run-off and the use of naturaldrainage systems across sites, rather than underground closed-pipe systems to the extent feasible.Natural drainage systems reduce the negative impacts ofstormwater runoff by redesigningresidential streets to take advantage of plants, trees, and soils to clean runoff and managestormwater flows. Vegetated swales, stormwater cascades, and small wetland ponds allow soils toabsorb water, slowing flows and filtering out many contaminants.(ii) The low impact development plan must be integrated with the snow storage and management plan.(iii) At least 75 percent of new planting should be chosen from the list of Drought Tolerant Plants &Xeriscaping in Montana (2010), produced by the Montana Nursery & Landscape Association, orapproved/updated equivalent list approved by the city. Any species listed as noxious or invasive in thestate must be avoided.(iv) Inclusion ofweather-based irrigation controllers.(v) Limitations in the covenants or design guidelines on the amount and type of sod permitted.(g) Sustainable design and construction. (6 points)(i) Covenants or design guidelines that include a commitment to design the majority of buildings to meetLEED certification requirements or approved equivalent certification approved by the City ofBozeman. Equivalent certification programs will also be considered during preliminary PUD review.(ii) Energy use reduction. Residential covenants or design guidelines must include a commitment to buildthird party certified homes, which meet guidelines that make them at least 20 percent more efficientthan standard homes. Non-residential covenants and design guidelines must include a commitmentto build and certify buildings that meet the EPA's Energy Star challenge or approved equivalentprogram. Equivalent programs will also be considered during Preliminary PUD review.(iii) Water use reduction. Covenants or design guidelines must include a commitment to use EPA'sWaterSense certified products for all kitchen, bathroom and irrigation hardware. Equivalent programswill also be considered during preliminary PUD review.(iv) Provision of solar, wind or other alternative energy sources or participation in an approved cash-in-lieu program. A coordinated and detailed plan on how the development will address this componentmust be submitted.(h) Integrated and coordinated way-finding measures beyond minimum requirements within the overallproject (4 points).(i) On-site recycling transfer station (4 points).(j) Public transportation bus station or enhanced covered bus stop. (One point per station or enhancedstop.)(k) Streetscape improvements (6 points): Streetscape design features that exceed the minimum streetstandards including street furniture, pedestrian lighting, low-impact development techniques, on-streetparking standards, crosswalks, landscape and planting, way-finding, public art or other design elements.Such elements must be installed as part of the street infrastructure.(8) Is the development being properly integrated into development and circulation patterns of adjacent andnearby neighborhoods so that this development will not become an isolated "pad" to adjoining development?280/438
1/3/22, 11:05 AM Bozeman, MT Code of Ordinancesb. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4, R-5, RMH and R-0 zoningdistricts) may include a variety of housing types designed to enhance the natural environmental, conserveenergy, recognize, and to the maximum extent possible, preserve and promote the unique character ofneighborhoods, with provisions for a mix of limited commercial development. For purposes of this section,"limited commercial development" means uses listed in the B-1 neighborhood service district (division 38.310 ofthis chapter), within the parameters set forth below. All uses within the PUD must be sited and designed suchthat the activities present will not detrimentally affect the adjacent residential neighborhood. The permittednumber of residential dwelling units must be determined by the provision of and proximity to public services andsubject to the following limitations and considerations:(1) On a net acreage basis, is the average residential density in the project (calculated for residential portion ofthe site only) consistent with the development densities set forth in the land use guidelines of the city growthpolicy?(2) Does the project provide for private outdoor areas (e.g., private setbacks, patios and balconies, etc.) for useby the residents and employees of the project which are sufficient in size and have adequate light, sun,ventilation, privacy and convenient access to the household or commercial units they are intended to serve?(3) Does the project provide for outdoor areas for use by persons living and working in the development foractive or passive recreational activities?(4) If the project is proposing a residential density bonus as described below, does it include a variety of housingtypes and styles designed to address community-wide issues of affordability and diversity of housing stock?(5) Is the overall project designed to enhance the natural environment, conserve energy and provide efficientpublic services and facilities?(6) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum)above the residential density of the zoning district within which the project is located and which is set forth indivision 38.310 of this chapter, does the proposed project exceed the established regulatory designstandards and ensure compatibility with adjacent neighborhood development? The number of dwelling unitsobtained by the density bonus is determined by dividing the lot area required for the dwelling unit type byone plus the percentage of density bonus sought. The minimum lot area per dwelling obtained by thiscalculation must be provided within the project. Those dwellings subject to division 38.380, must be excludedin the base density upon which the density bonus is calculated.(7) Does the overall PUD recognize and, to the maximum extent possible, preserve and promote the uniquecharacter of neighborhoods in the surrounding area?c. Commercial. Planned unit developments in commercial areas (B-1, B-2, B-2M, B-3 and UMU zoning districts) mayinclude either commercial or multi-household development; however, adequate but controlled access to arterialstreets is required. Activities may include a broad range of retail and service establishments designed to serveconsumer demands of the city area.(1) If the project contains any use intended to provide adult amusement or entertainment, does it meet therequirements for adult businesses?(2) Is the project contiguous to an arterial street, and has adequate but controlled access been provided?(3) Is the project on at least two acres of land?(4) If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel andrecreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicularcirculation, architectural design, utilization of common open space and facilities, etc.?(5) Is it compatible with and does it reflect the unique character of the surrounding area?281/438I
1/3/22,11:05 AM Bozeman, MT Code of Ordinances(6) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future oflwhich contain more than ten spaces?(7) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land useguidelines of the city growth policy?(8) Does the project provide for outdoor recreational areas (such as additional landscaped areas, open spaces,trails or picnic areas) for the use and enjoyment of those living in, working in or visiting the development?d. Industrial. Planned unit industrial developments in industrial areas (M-1, M-2, BP and NEHMU zoning districts)may include employment, wholesaling, manufacturing and utility centers for the community. The particular typesor combination of uses are determined based upon its merits, benefits, potential impact upon adjacent land usesand the intensity of development.(1) Is the project located adjacent to an arterial or collector street that provides adequate access to the site?(2) Is the project developed such that the least intense uses must be located along the arterial streets, wherevisibility to the public is likely. More intense uses such as heavy industrial uses and warehousing activitiesmust be located away from the arterial streets, buffered by the other uses.(3) Does the project utilize a landscaping theme that will tie adjacent uses or projects together?(4) Is the project being developed on land substantially surrounded by property approved for development ordeveloped property with existing services and utilities already available?e. Mixed use. Planned unit developments in mixed-use areas (REMU, UMU, and NEHMU zoning districts) mayinclude commercial, light industrial, residential and mixes of various primary and accessory uses. The particulartypes or combination of uses are determined based upon its merits, benefits, potential impact upon adjacentland uses and the intensity of development.(1) Is the project substantially consistent with the intent and purpose statements for the underlying zoningdistrict?(2) Is the project located adjacent or within proximity to an arterial or collector street that provides adequateaccess to the site?(3) Is the project on at least two acres of land?(4) Do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation,architectural design, utilization of common open space and facilities, streetscape, etc.?(5) Does the overall project achieve or exceed the FAR "floor area ratios" envisioned for the underlying district?(6) Is it compatible with and does it reflect the unique character of the surrounding area?(7) Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or futureoff-site parking areas which contain more than ten spaces?(8) Does the project encourage infill, or does the project otherwise demonstrate compliance with the land useguidelines of the Bozeman growth policy?(9) Does the project provide for outdoor recreational areas (such as urban plazas, courtyards, landscaped areas,open spaces, or urban trails) for the use and enjoyment of those living in, working in or visiting thedevelopment?(10) Does the project provide for private outdoor areas (e.g., private setbacks, patios and/or balconies, etc.) foruse by the residents and employees of the project which are sufficient in size and have adequate light, sun,ventilation, privacy and convenient access to the household or commercial units they are intended to serve?(11) Does the project provide for outdoor areas for use by persons living and working in the development foractive or passive recreational activities?282/438I
1/3/22, 11:05 AM Bozeman, MT Code of Ordinances(12) Is the overall project designed to enhance the natural environment, conserve energy and provide efficient publifacilities?(13) If the project is proposing a residential density bonus as described below, does it include a variety of housingtypes and urban styles designed to address community-wide issues of affordability and diversity of housingstock?(14) Residential density bonus. If the project is proposing a residential density bonus (30 percent maximum)above the residential density of the zoning district or building type within which the project is located andwhich is set forth in division 38.310 of this chapter, does the proposed project exceed the establishedregulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensurecompatibility with adjacent neighborhood development? The number of dwelling units obtained by thedensity bonus is determined by dividing the lot area required for the dwelling unit type by one plus thepercentage of density bonus sought. The minimum lot area per dwelling obtained by this calculation must beprovided within the project. Those dwellings subject to division 38.380 must be excluded from the basedensity upon which the density bonus is calculated.ARTICLE 5. - PROJECT DESIGNDIVISION 38.500. - INTRODUCTIONSec. 38.500.010. - Purpose.This article implements the Bozeman's growth policy. Overall, this article:A. Provides clear objectives for those embarking on the planning and design of development projects in Bozeman;B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman;C. Ensures that new commercial and multi-household development is of high quality and beneficially contributes toBozeman's character;D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the character ofBozeman's neighborhoods;E. Promotes an increase in walking and bicycling throughout the City;F. Enhances the livability of Bozeman's residential developments;G. Maintains and enhances property values within Bozeman.Sec. 38.500.020. - Applicability and compliance.The provisions in this article apply to development. However, since each division within it addresses different design anddevelopment elements, the applicability of each division is clarified at the beginning of the division. For instance, some divisionsmay only apply to new commercial and multi-household development, while individual sections in division 38.540 only apply tospecific housing types.A. Relationship to other codes and documents. Where provisions of this article conflict with provisions in any othersection of the UDC, this article prevails unless otherwise noted. Relationship with other notable design provisionsand guidelines:1. For sites within the city's established neighborhood conservation overlay district, the provisions of divisionJ8.340 supersede the provisions of this article. However, the review authority may apply the provisions of thisarticle in the event of a conflict, where the review authority determines that the provisions herein help new283/438