HomeMy WebLinkAboutChapter_36 Planned Unit Development
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Title 18
Chapter 36
PLANNED UNIT DEVELOPMENT
Sections:
18.36.010 Intent of Planned Unit Development
18.36.020 Application and Uses of a Planned Unit Development
18.36.030 Special Conditions of a Planned Unit Development
18.36.040 Planned Unit Development Review Procedures and Criteria
18.36.050 Plan Submittal Requirements
18.36.060 Duration of Planned Unit Development Approval
18.36.070 Phasing of Planned Unit Developments
18.36.080 Enforcement of Approval Requirements and Conditions
18.36.090 Planned Unit Development Design Objectives and Criteria
18.36.100 North 19th Avenue/West Oak Street Entryway Corridors
18.36.010 Intent of Planned Unit Development
It is the intent of the City through the use of the planned unit development (PUD) concept,
to promote maximum flexibility 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 shall be the intent of this title to promote the
City's pursuit of the following community objectives:
A. To ensure that future growth and development occurring within the city is in accord
with the City's adopted growth policy, its specific elements, and its goals, objectives,
and policies;
B. To allow opportunities for innovations in land development and redevelopment so
that greater opportunities for high quality housing, recreation, shopping, and
employment may extend to all citizens of the Bozeman area;
C. To foster the safe, efficient, and economic use of land and transportation and other
public facilities;
D. To ensure adequate provision of public services such as water, sewer, electricity,
open space, and public parks;
E. To avoid inappropriate development of lands and to provide adequate drainage,
water quality, and reduction of flood damage;
F. To encourage patterns of development which decrease automobile travel and
encourage trip consolidation, thereby reducing traffic congestion and degradation
of the existing air quality;
G. To promote the use of bicycles and walking as effective modes of transportation;
H. To reduce energy consumption and demand;
I. To minimize adverse environmental impacts of development and to protect special
features of the geography;
J. To improve the design, quality, and character of new development;
K. To encourage development of vacant properties within developed areas;
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L. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
M. To promote logical development patterns of residential, commercial, office, and
industrial uses that will mutually benefit the developer, the neighborhood, and the
community as a whole;
N. To promote the efficient use of land resources, full use of urban services, mixed
uses, transportation options, and detailed and human-scale design; and
O. To meet the purposes established in S 18.02.040. (Ord. 1645 S 1, 2005)
18.36.020 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 principal uses or structures on a single parcel of
real property or contiguous parcels of real property. Land use patterns and uses
shall generally conform with growth policy land use designations and underlying
zoning districts. Approval for an additional use or combination of uses may be
allowed in a planned unit development only when such additional uses are
consistent with the Bozeman growth policy and relevant criteria in Subsection E of
S 18.36.090, and are not prohibited elsewhere in this title.
B. All planned unit developments shall consist of a harmonious arrangement of lots,
uses, buildings, parking areas, circulation, and open spaces. All planned unit
developments shall be designed as an integrated unit, in such a manner as to
constitute a safe, efficient, and convenient development.
C. Any planned unit development shall be considered as a conditional use within the
zoning district in which it is to be located.
D. The City Commission retains final approval authority for planned unit developments.
E. All planned unit developments shall compliment or be harmonious with existing
adjacent development. (Ord. 1645 S 1, 2005)
18.36.030 Special Conditions of a Planned Unit Development
The following special conditions shall apply to any planned unit development:
A. Single Ownership. The tract or parcel of land involved shall be either in one
ownership or the subject of an application filed jointly by the owners of all the
property to be included.
B. Title Holdings. The approved final plan shall specify the manner of holding title to
areas and facilities of joint use and how areas of joint use shall be maintained.
Normally such areas and facilities shall be retained in title by the developers of the
development or deeded to an organization composed of all owners in the
development and meeting the requirements of S 18.72.020.
C. Residential Planned Unit Developments. The permitted number of residential
dwelling units shall be determined by the provision of and proximity to public
services and subject to the limitations in S 18.36.090.E.2.b.
D. Use of General Building and Development Standards.
1. All planned unit developments shall be reviewed against the development
standards established in this title. However, in order to encourage
creativity and design excellence that would contribute to the character of
the community, deviations from the requirements or the standards of this
title may be granted by the City Commission after considering the
recommendations of the applicable review bodies established by this title.
The PUD application shall be accompanied by written and graphic material
sufficient to illustrate the initial and final conditions that the modified
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standards will produce. Such written and graphic materials may include
textual descriptions, site plans, renderings of proposed elevations or
landscapes, or similar materials.
2. All requested deviations, waivers of submittal requirements, and other
relaxations of regulatory requirements shall be identified in writing at the
time of preliminary plan submittal. Failure to identify such items may result
in the delay of application processing in order to receive necessary
materials, provide additional public notice or other curative actions.
3. The City Commission shall make a determination that the deviation will
produce an environment, landscape quality, and character superior to that
produced by the existing standards of this title, and which will be consistent
with the intent and purpose of this chapter, with the adopted goals of the
Bozeman growth policy and with any relevant adopted Design Objectives
Plan. Upon deciding in favor of the deviation request, the City Commission
may grant deviations, above or below minimum or maximum standards
respectively as established in this title, including the complete exemption
from a particular standard. If the City Commission does not determine that
the proposed modified standards will create an environment, landscape
quality, and character superior to that produced by the existing standards
of this title, and which will be consistent with the intent and purpose of this
chapter and with any relevant Design Objectives Plan, then no deviation
shall be granted.
E. Establishing Additional Standards. In addition to the general building and
development standards, the City shall have the right to establish general design
standards, guidelines, and policies, forthe purpose of implementing and interpreting
the provisions of this chapter.
F. Conformance to Sign Code. All signs proposed in conjunction with a planned unit
development shall be reviewed against the provisions of the Bozeman sign
regulations, Chapter 18.52. All signage must be approved as part of the PUD and
shall be designed as an integral element of the overall planned unit development.
Approval of signs within a planned unit development shall rest upon a determination
by the City Commission, as proved by the specific proposal, that the intent of the
sign regulations is achieved. Signs which do not comply with Chapter 18.52, must
receive a deviation. (Ord. 1645 ~ 1, 2005)
18.36.040 Planned Unit Development Review Procedures and Criteria
When a subdivision is proposed in conjunction with a zoning planned unit development, the
subdivision review shall be coordinated with the zoning review. All steps listed in this section
shall apply, whether the application is for a subdivision or zoning PUD and reference to plan
includes plat, unless the context clearly indicates otherwise. Approval of a planned unit
development shall consist of three procedural steps: pre-application, preliminary plan, and final
plan. All subdivision PUDs shall also meet all standards for plats.
A. Pre-application Review
1. A pre-application review is mandatory for all planned unit development
proposals.
2. A pre-application shall be submitted for review and discussion with the
DRC, DRB, WRB (if applicable), and planning staff of the applicant's
proposal and any requirements, standards, or policies that may apply. This
step represents an opportunity to identify any major problems that may
exist and identify solutions to those problems before formal application.
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3. Pre-application Review Procedures. Pre-application review meetings will
be held by the DRC, DRB, and WRB (if applicable), and will provide
guidance for planned unit development applications. The general outline
of the planned unit development proposal, presented as graphic sketch
plans, shall be submitted by the applicant to the Planning Department at
least 10 days prior to the meeting of the review bodies. The outline shall
be reviewed by the DRC, DRB, and the WRB (if applicable). Thereafter,
the Planning Department shall furnish the applicant with written comments
regarding such submittal, including appropriate recommendations to inform
and assist the applicant prior to preparing the components of the planned
unit development preliminary plan application.
S. Preliminary Plan Review. Sufficient information shall 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 the DRC, DRB, WRB
(if applicable), and City Commission. For a planned unit development that will be
developed in phases, the developer must submit either a preliminary plan for all
phases, or submit a preliminary plan for the initial phase or phases, and
development guidelines for all subsequent phases. Submittal requirements are in
addition to those required for site plan and conditional use permit review.
1. Application Process. Upon completion of pre-application review and
receipt of the Planning Department's comments on the pre-application, an
application for preliminary plan approval may be filed with the Planning
Department.
2. Public Hearings and Meetings. Notice of public hearings and/or public
meetings before the DRC, ORB, WRB (if applicable), and City Commission
for any preliminary plan application shall be provided in accordance with
Chapter 18.76.
3. Review Criteria. In order to approve an application for a planned unit
development the City Commission shall determine that the application is
in conformance with all applicable standards, objectives, and criteria of this
title unless an appropriate deviation is granted.
4. Recommendations. The DRC, DRB, and WRB (if applicable) shall
recommend the approval, conditional approval, or denial of the preliminary
plan to the City Commission and shall include in such recommendation the
basis upon which such recommendation was determined.
5. Preliminary Plan Approval. The City Commission, after conducting a public
hearing, may approve, disapprove, or approve with conditions the
proposed planned unit development. The City Commission shall issue a
written record of their decision to discuss and weigh the review criteria and
standards applicable to the PUD.
C. Final Plan Review and Approval. The final plan must be in compliance with the
approved preliminary plan and/or development guidelines,except as provided for in
Subsection CA of this section, and shall be reviewed by the DRC and ADR staff and
approved by the Planning Director.
1. Application Process. Upon approval or conditional approval of a
preliminary plan by the City Commission, and the completion of any
conditions imposed in connection with that approval, an application for final
plan approval may be submitted.
2. Review Criteria - Compliance with Preliminary Plan. For approval to be
granted, the final plan shall be in compliance with the approved preliminary
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plan. This shall mean that all conditions imposed by the City Commission
as part of its approval of the preliminary plan have been met and:
a. The final plan does not change the general use or character of the
development;
b. The final plan does not increase the amount of improved gross
leasable nonresidential floor space by more that 2 percent, does
not increase the number of residential dwelling units by more than
2 percent, and does not exceed the amount of any density bonus
approved with the preliminary plan;
c. The final plan does not decrease the open space and/or
affordable housing provided;
d. The final plan does not contain changes that do not conform to
the requirements of this title, excluding properly granted
deviations, the applicable objectives and criteria of 9 18.36.100,
or other objectives or criteria of this title; and
e. The final plat, if applicable, does not create any additional lots
which were not reviewed as part of the preliminary plan submittal.
3. Final Plan Approval. The Planning Director may approve the proposed
planned unit development if it conforms with the approved preliminary plan
in the manner described above. Prior to final plan approval, the Planning
Director may request a recommendation from the DRC, ADR staff, DRB,
WRB, or City Commission regarding any part of a proposed final plan. If
a final plat is part of the final plan submittal, the City Commission shall
have responsibility to approve the final plat.
a. Final plats associated with a PUD shall be subject to the
requirements of 99 18.06.060 and 18.78.070.
4. Amendments to Final Plan. Building permits and other development
approvals shall be issued on the basis of the approved final plan and any
conditions of approval. No city administrative personnel are permitted to
issue permits for improvements which are not indicated on the approved
final plan with the exception of the following:
a. Minor Changes
(1) Minor changes to a planned unit development may be
approved administratively and in writing, if at all, by the
Planning Director, whereupon a permit may be issued.
Such changes may be authorized without additional
public hearings at the discretion of the Planning Director.
This provision shall not prohibit the Planning Director
from requesting a recommendation from the DRB, DRC,
ADR staff, WRB, or City Commission.
(2) Minor changes shall not significantly affect the location
and placement of buildings; the shape or arrangement of
lots and blocks; cause a change of uses; reduce or
relocate the allocation of reserved open space; reduce or
relocate the allocation of affordable housing units;
increase density and/or intensity of the project; or, in
general, change the overall design or intent of the
project.
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(3) When a planned unit development has been prepared in
sufficient detail to address the concerns of Chapter
18.34, including but not limited to general building
envelopes, design character of buildings, and
landscaping for some or all of the parcels within its
boundaries the final site development plans may be
reviewed as an amendment to the PUD final plan. The
intention to use this provision must be part of the inital
submittal and review of the PUD.
b. Major Changes
(1) Major changes to a planned unit development shall be
approved, if at all, only by the City Commission and must
follow the same planned unit development review and
public hearing process required for approval of
preliminary plans.
(2) Major changes shall be defined as follows:
(a) A change in the character of the development;
(b) An increase of greater than 2 percent in the
approved number of residential dwelling units;
(c) An increase of greater than 2 percent in the
improved gross leasable floor areas of retail,
service, office, and/or industrial buildings;
(d) A reduction in the approved open space and/or
affordable housing units provided;
(e) A change in the location and placement of
buildings; and/or
(f) An increase in the number of lots above what
was approved through the preliminary plan
review. (Ord. 16459 1,2005)
18.36.050 Plan Submittal Requirements
For each stage of the review process, the applicable information and data described in
Chapter 18.78, shall be submitted unless the Planning Director determines that the information
is unnecessary for the proper evaluation of the development based on the evaluation of the
pre-application review. Only after the Planning Department has determined that all required
information has been submitted will the application be processed. When a proposed PUD
includes both a subdivision and zoning component, a coordinated application on a form to be
provided by the Planning Department shall be used to coordinate submittal materials and prevent
redundant requirements. (Ord. 1645 9 1, 2005)
18.36.060 Duration of Planned Unit Development Approval
A. Duration Of Preliminary Plan Approval. The provisions of this subsection do not
apply to subdivision elements of a PUD.
1. Within a maximum of one year following the approval of a preliminary plan,
the applicant shall file with the Planning Department a final plan(s), in
detailed form, covering the entirety or one or more phases, of the
development.
2. Upon application and for good cause, the Planning Director may
administratively extend the period for filing a final plan for two successive
six-month periods. The granting of administrative extensions under this
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section may, at the discretion of the Planning Director, be referred to the
City Commission.
3. Any additional six-month extensions to the planned unit development shall
be approved, if at all, only by the City Commission. A request for extension
of preliminary approval under this section must be submitted to the
Planning Director in writing by the applicant at least thirty calendar days
prior to the date of expiration. Failure to submit a written request within the
specified time period shall cause forfeiture of the right to extension of
preliminary approval.
4. If no final plan(s) is filed covering all or any portion of the preliminary plan
within the above time limits, the right to proceed under the preliminary plan
shall expire for any portion of the preliminary plan for which a final plan has
not been timely filed.
8. Duration of Final Plan Approval
1. The applicant must undertake and complete the development of an
approved final plan within two years from the time of final plan approval.
For the purposes of this section, a development is substantially complete
once all engineering improvements (water, sewer, streets, curbs, gutter,
street lights, fire hydrants, and storm drainage) are installed and completed
in accordance with city rules and regulations. Extensions for two
successive periods of six months may be administratively granted by the
Planning Director. The granting of administrative extensions under this
section may, at the discretion of the Planning Director, be referred to the
City Commission.
2. Any additional six-month extensions to the planned unit development shall
be approved, if at all, only by the City Commission. A request for extension
of final approval under this section must be submitted to the Planning
Director in writing by the applicant at least 30 days prior to the date of
expiration. Failure to submit a written request within the specified time
period shall cause forfeiture of the right to extension of final approval.
Failure to develop within the specified time limit and improvement
requirements shall cause a forfeiture of the right to proceed under the final
plan and require resubmission of all materials and reapproval of the same
through the preliminary plan procedures.
3. The timing of all extensions of final plan approval shall be coordinated with
the approval period established for any subdivision 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 below. (Ord. 1645 9 1, 2005)
18.36.070 Phasing of Planned Unit Developments
A. Applications for Phased Planned Unit Developments. If a planned unit development
is intended to be developed over time in two or more separate phases, application
for approval of a phased planned unit development shall follow procedures
established for pre-application review as outlined in this chapter. After
pre-application review is completed, 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 may be made in accordance
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with preliminary plan review and approval procedures outlined in
this chapter. In such cases, preliminary plans and all required
supplemental information shall clearly set forth phased
development 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 in accordance with the
review and approval procedures for final plans as specified in this
chapter.
2. Application for Approval of Initial Phase of the PUD - With Subsequent
Phases Master Planned and Subject to Development Guidelines. Where
the applicant wishes to gain preliminary and final approval for the initial
phase(s) of a PUD and further wishes to gain master plan and
development guidelines approval for subsequent phases of the PUD,
preliminary and final plan review and approval procedures for the initial
phase(s) shall be followed in accordance with this chapter. A master plan
and development guidelines for the remaining phases of the development
shall be provided for review and approval as outlined below.
3. Application for Approval of a Phased PUD Based Only Upon Master Plan
and Development Guidelines. Applications for approval of a phased PUO
without detailed plans for any phase shall not generally be accepted.
However, under unique circumstances and for good cause shown, the
Planning Director may determine that an application for approval of a
master plan and development guidelines for a phased PUD may be
submitted without a preliminary plan for any phase. When such a
determination has been made, application for approval of a master plan
and development guidelines may be made in accordance with phased PUD
approval procedures as set forth below.
B. Phased PUD Approval Process. Master plans and development guidelines shall be
reviewed and approved according to the procedures established for preliminary
plans as established in this chapter. When a master plan and development
guidelines for a phased PUD have been reviewed and approved by the City
Commission, each phase of the PUD may be developed in accordance with the
review and approval procedures set forth in this chapter for final plan reviews.
C. Phased PUD Review Criteria
1. In general, the review criteria for phased preliminary and final PUDs shall
be the same as that for PUDs as set forth in this title.
2. In those cases where master plans and development guidelines are
proposed to govern the development of future phases of the PUD, the City
Commission must determine that the proposed master plan and
development guidelines are provided in sufficient detail to support a
determination that the phased PUD will comply with all requirements for
PUD approval if developed in accordance with the approved master plan
and development guidelines.
3. ORB or ADR staff, as applicable, and DRC review and approval of
preliminary and final plans, for those phases of a PUD which have an
approved master plan and development guidelines, shall assure
compliance and consistency with said master plan and development
guidelines.
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4. Should DRC, DRB, or ADR staff, as applicable, determine that proposals
to develop subsequent phases of a PUD are not in compliance with the
approved master plan and development guidelines, the determination may
be appealed to the City Commission subject to the provisions of Chapter
18.66.
D. Phased Planned Unit Development Submittal Requirements
1. Master Plan Submittal Requirements. Master plans for phased PUDs shall
consist of a detailed site plan depicting:
a. Existing conditions for the entire phased PUD as required by
Subsections Band C of 9 18.78.030; and
b. Proposed conditions pertaining to such elements as building
location, open spaces, vehicular, and pedestrian circulation, and
boundaries of the individual phases of the PUD in as much detail
as is required by the evaluation of the pre-application review as
outlined in this chapter.
2. Development Guidelines Submittal Requirements. Development
guidelines for phased PUDs shall be submitted to the Planning Director as
part of the application submittal in one or more orderly documents. Each
document shall contain a table of contents and shall be in an 8%- by
11-inch vertical format, bound to open flat for review. All graphic
representations shall be in 8%. by 11.inch or 11. by 17.inch format.
Development guidelines for phased PUDs shall contain the information as
is required by the evaluation of the pre-application review as outlined in this
chapter. 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 plans submitted in
accordance with the master plan and development guidelines (to
be developed with the assistance of 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(s), 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, the buildings on
site, and any proposed signage, open space treatment, parking
and circulation areas, display areas, and screening;
g. Design guidelines for outdoor storage and/or display;
h. Protective covenants which may include requirements, property
owners association provisions, provisions for maintenance, etc.;
i. Parking: guidelines for design, provision for shared facilities,
circulation between lots, coordination with sidewalk system, and
service areas;
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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.;
and
o. Improvements schedule.
E. Open Space Provisions for Phased PUD Developments. If a project is to be built
in phases, each phase shall include an appropriate share of the proposed
recreational, open space, affordable housing, and other site and building amenities
of the entire development used to meet the requirements of 9 18.36.090.E.2. The
appropriate share of the amenities for each phase shall be determined for each
specific project at the time of preliminary approval and shall not be based solely
upon a proportional or equal share for the entire site. Requirements may be made
for off-site improvements on a particular phased project.
F. Final Plans for Phased PUD Developments. Final plans for a planned unit
development may be submitted in phases. The final plan shall 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 of development guidelines for a planned unit
development, development must commence or the development guidelines must
be reviewed for renewal. Any subsequent approvals of a preliminary plan must
conform to the development guidelines. (Ord. 1645 9 1, 2005)
18.36.080 Enforcement of Approval Requirements and Conditions
The occurrence of either of the following events may subject the applicant to the enforcement
remedies contained in Chapter 18.64:
A. Failure to comply with any terms, conditions, or limitations contained on the site
plan, landscape plan, building elevations, or other approved documents pertaining
to a planned unit development which has received final approval from the City.
B. Failure to comply with any conditions on record imposed by the City Commission
upon its review of the master or preliminary plans or any conditions imposed by the
DRC or ADR through the review of the final plan for the planned unit development,
under the provisions of Chapter 18.36, Planned Unit Development Ordinance
(PUD). (Ord. 1645 9 1, 2005)
18.36.090 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 City Commission, after recommendation from the DRC, ORB, or
WRB (if applicable), to be in compliance with this title including any applicable
criteria of this section.
S. Land Use Classifications
1. The design objectives and criteria with which a planned unit development
proposal must comply are dependent upon the designated growth policy
land use classification and zoning district of the site proposed for the
planned unit development.
2. All planned unit developments are reviewed against the objectives and
criteria designated for all development. Each individual planned unit
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development is then reviewed against the objectives and criteria
established for the land use classification(s) of the site on which the
proposal is to be located. A planned unit development must satisfy all the
objectives and criteria of all applicable groups.
In evaluating planned unit developments, the City may determine that
certain criteria are not applicable or are irrelevant to a particular
development proposal and therefore do not apply to that proposal unless
those criteria are applicable to a deviation which is being sought by the
applicant. Subsection E of this section contains the groups of objectives
and criteria against which planned unit developments are reviewed.
C. Evaluation Process. The acceptability and performance of a planned unit
development proposal shall be evaluated as follows:
Each of the relevant objectives and criteria for the applicable land use
classification and for all development contained in Subsection E of this
section, will be answered "Yes," "No," or "Not Applicable" (NA). A "No
response" to any of the applicable objectives and criteria will automatically
preclude the development proposal from further consideration and
eventual approval, unless a deviation is granted by the City Commission.
An objective or criterion is considered to be applicable if it can reasonably
be applied to the development proposal. The applicant shall clearly
demonstrate how the planned unit development specifically addresses
each applicable objective and criterion.
D. Responsibility for Impact Mitigation. To protect the character of new and existing
neighborhoods against intrusive and disruptive development, any negative or
adverse impacts shall be effectively mitigated in the planned unit development plan,
as per the following guidelines:
1. When two adjacent parcels are developed simultaneously, the
responsibility for mitigating conflicts is upon the more intense use;
2. When a use is the first to develop on two adjacent vacant parcels, the first
use shall provide the necessary buffer to any reasonable future use as
determined by the City;
3. The second use to develop shall, at the time it develops, take all additional
steps necessary to mitigate conflicts;
4. However, when a planned unit development includes a use or uses which
are not otherwise permitted in the underlying zoning district, the
responsibility for impact mitigation shall lie 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 the community design objectives and
criteria of this title.
2. In addition to the criteria for all site plan and conditional use reviews, the
following criteria will be used in evaluating all planned unit development
applications.
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a. All Development. All land uses within a proposed planned unit
development shall be reviewed against, and comply with, the
applicable objectives and criteria of the mandatory "All
Development" group.
(1) Does the development comply with all City design
standards, requirements, and specifications for the
following 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
and arranged 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, and
placement; transportation networks; selection, and
placement of landscape materials; and/or use of
renewable 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
and arranged to maximize the privacy by the residents of
the project?
(6) Park Land. Does the design and arrangement of
buildings and open space areas contribute to the overall
aesthetic quality of the site configuration, and has the
area of park land or open space been provided for each
proposed dwelling as required by S 18.50.020?
(7) Performance. All PUDs shall earn at least twenty
performance points. Nonresidential developments within
the North 19th Avenue/Oak Street corridor shall earn
thirty points; points may be earned in any combination of
the following; the applicant shall select the combination
of methods but the City may require documentation of
performance, modifications to the configuration of open
space, or other assurances that the options selected
shall perform adequately:
(a) Provision of affordable housing:
Two points for each percent of constructed
dwellings in the residential development
which are provided by donation or long
term contractual obligation (20 year
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minimum) with or donation to an affordable
housing agency, or other similar means;
OR
One point for each constructed dwelling or
lot donated to the City for affordable
housing provided for by a non-residential
development with appropriate assurances
of its qualifying affordable status;
(b) Additional open space:
One point for each percent of the project
area that is provided as non-public open
space;
OR
One and one-quarter points for each
percent of the project area that is provided
as publicly accessible open space.
The portion of the project to be
considered in determining the size of area
to be provided for open space shall be the
gross project area less areas dedicated
and transferred to the public and/or used to
meet the parklands requirements of (6)
above. The area provided for open space
shall be exclusive of yard setbacks on
individually owned lots and interior parking
lot landscaping and subject to the
performance standards of Chapter 18.50.
The area may be provided through a
combination of one or more of the following
means:
(i) Open space within the project
boundaries and commonly held by
the property owners association
for the use of owners, residents,
and their guests;
(ii) Open space within the project
boundaries and developed as
usable recreation space with a
corresponding public use
easement;
(iii) Outside of the project boundaries
as an addition to an existing
off-site park adequate in location
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and size to meet the recreational
needs of the resident; or
(iv) Cash-in-lieu of open space
subject to the standards of S
18.50.030.
(8) Is the development being properly integrated into
development and circulation patterns of adjacent and
nearby neighborhoods so that this development will not
become an isolated "pad" to adjoining development?
b. Residential. Planned unit developments in residential areas (R-S,
R-1, R-2, R-3, R-4, RMH, and R-O zoning districts) may include
a variety of housing types designed to enhance the natural
environmental, conserve energy, recognize, and to the maximum
extent possible, preserve and promote the unique character of
neighborhoods, 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 (Chapter 18.18), within the parameters set forth below. All
uses within the PUD must be sited and designed such that the
activities present will not detrimentally affect the adjacent
residential neighborhood.
(1) On a net acreage basis, is the average residential
density in the project (calculated for residential portion of
the site only) consistent with the development densities
set forth in the land use guidelines of the Bozeman
growth policy?
(2) Does the project provide for private outdoor areas (e.g.,
private yards, patios, and balconies, etc.) for use 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?
(3) Does the project provide for outdoor areas for use by
persons living and working in the development for active
or passive recreational activities?
(4) If the project is proposing a residential density bonus as
described below, does it include a variety of housing
types 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 to provide efficient
public 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 in Chapter
18.16, does the proposed project exceed the established
regulatory design standards (such as for setbacks,
off-street parking, open space, etc.) and ensure
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compatibility with adjacent neighborhood development?
The number of dwelling units obtained by the density
bonus shall be determined by dividing the lot area
required for the dwelling unit type by one plus the
percentage of density bonus sought. The minimum lot
area per dwelling obtained by this calculation shall be
provided within the project.
(7) Limited Commercial. If limited commercial development,
as defined above, is proposed within the project, is less
than 20 percent of the gross area of the PUD designated
to be used for offices or neighborhood service activities
not ordinarily allowed in the particular residential zoning
district?
(a) If neighborhood service activities are proposed
within the project, is a market analysis provided
demonstrating that less than 50 percent of the
market required to support proposed
neighborhood service activities is located
outside the immediate area of the PUD and are
the neighborhood services of a nature that does
not require drive-in facilities or justification for
through traffic?
(b) If the project contains limited commercial
development, as defined above, is the project
located at the intersection of arterial streets, or
arterial and collector streets?
(c) If the project contains limited commercial
development, as defined above, has the project
been sited and designed such that the activities
present will not detrimentally affect the adjacent
residential neighborhood and have the
commercial activities been developed at a scale
compatible with residential development?
(8) Does the overall PUD recognize and, to the maximum
extent possible, preserve and promote the unique
character of neighborhoods in the surrounding area?
c. Commercial. Planned unit developments in commercial areas
(B-1, B-2, and B-3 zoning districts) may include either commercial
or multi-household development, however adequate but controlled
access to arterial streets is essential. Activities would include a
broad range of retail and service establishments designed to
serve consumer demands of the Bozeman area.
(1) If the project contains any use intended to provide adult
amusement or entertainment, does it meet the
requirements 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, and
recreation), do the uses relate to each other in terms of
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location within the PUD, pedestrian and vehicular
circulation, 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?
(6) Is there direct vehicular and pedestrian access between
on-site parking areas and adjacent existing or future
off-site parking areas which contain more than ten
spaces?
(7) Does the project encourage infill, or does the project
otherwise demonstrate compliance with the land use
guidelines of the Bozeman 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, and BP zoning districts) may include
employment, wholesaling, manufacturing, and utility centers for
the community. The particular types or combination of uses shall
be determined based upon its merits, benefits, potential impact
upon adjacent land uses, and 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
shall be located along the arterial streets, where visibility
to the public is likely? More intense uses, such as heavy
industrial uses and warehousing activities, will 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 or
developed property with existing services and utilities
already available?
(5) Does the project provide for outdoor recreational areas
(e.g., additional landscaped areas, open space, trails, or
picnic areas) for the use and enjoyment of those working
in or visiting the development? (Ord. 1645 S 1, 2005)
18.36.100 North 19th AvenuelWest Oak Street Entryway Corridors
A. Intent and Purpose. It is the intent and purpose of this section to establish the
planned unit development (PUD) review procedures as a method to guide future
growth and development within the area of the North 19th Avenue/West Oak Street
Corridor Master Plan. It is further intended to ensure that future growth and
development will occur in accord with the goals and objectives of the North 19th
Avenue/West Oak Street Corridor Master Plan and it successors as a sub-area plan
to the Bozeman Growth policy.
B. Application. Planned unit development provisions shall apply to all nonresidential
development proposals located in the North 19th Avenue and West Oak Street
XVIII-36 p16 10/2005
Entryway Corridor areas as designated on the land use plan of the North 19th
A venue/W est Oak Street Corridor Master Plan and on the City of Bozeman's Official
Zoning Map as follows:
1. North 19th Avenue. (Class I and Class II corridor) All nonresidential
development within the North 19th Avenue Entryway Corridor, between
Durston Road and the North 19th Avenue-Interstate 90 Interchange,
measured 660 feet from the centerline of North 19th Avenue, exclusive of
the following:
a. Between Durston Road and the south boundary of Covered
Wagon Mobile Home Court, a Class II entryway corridor overlay
classification shall be applied to the east side of North 19th
Avenue, measured 330 feet from the centerline of North 19th
Avenue.
2. West Oak Street. (Class I and Class II corridor) All nonresidential
development within the West Oak Street Entryway Corridor between North
7th Avenue and Rose Park shall be applied within such corridor as follows:
a. Between North 7th Avenue and North 19th Avenue, measured
660 feet from the centerline of West Oak Street; or
b. Between North 19th Avenue and the east boundary of Rose Park,
measured 330 feet from the centerline of West Oak Street.
C. It is required that any developments subject to this section comply with all of the
specific development standards of the Design Objectives Plan for North 19th
Avenue/West Oak Street Corridors. (Ord. 1645 S 1,2005)
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