HomeMy WebLinkAboutOrdinance 76- 979, Amends § 18.06.430 and Ch. 18.75, zoning ORDINANCE NO. 979
AN ORDINANCE AMENDING SECTIONS 18.06.430 AND CHAPTER 18.75 OF THE BOZEMAN
MUNICIPAL CODE RELATING TO THE DEFINITION AND REQUIREMENTS FOR PLANNED UNIT
DEVELOPMENT AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS, TO WIT:
Section 1
That Section 18.06.430 of the Bozeman Municipal Code be and the same is hereby amended to read
as follows:
18.06.430 Planned Unit Development (P.U.D.) . A land development project consisting
of residential, commercial, industrial and office uses, or any combination thereof,
which comprises a planned mixture of land uses built in a prearranged relationship
to each other and which provides for the development of usable and desirable open space,
central sewer and water facilities, and community facilities while providing for the
preservation of significant historical and natural features of the land.
Section 2
That Chapter 18.75 of the Bozeman Municipal Code be and the same is hereby amended to read as
follows:
Sections
18.75.010 Intent
18.75.020 Special Definitions
18.75.030 Permitted Uses
18.75.040 Development Criteria
13.75.050 Application and Submittal Requirements
18.75.060 Approval
18.75.070 Minor Planned Unit Development Approval
18.75.010 INTENT
Chapter 18.75
PLANNED UNIT DEVELOPMENT
The purpose of the Planned Unit Development (P.U.D.) is to promote maximum flexibility
and innovation in development design and land utilization through the relaxation of zoning
and subdivision regulations to encourage developers to use a more creative approach to land
development; to provide a means for the economical and efficient supply of street improve-
ments and public utilities required in residential development; to conserve natural features
and to facilitate the provision of more desirable, aesthetic and efficient use of open space.
18.75.020 SPECIAL DEFINITIONS
1. Planned Unit Development. A land development project consisting of residential,
commercial, industrial and office uses, or any combination thereof, which comprises
a planned mixture of land uses built in a prearranged relationship to each other
and which provides for the development of usable and desirable open space, central
sewer and water facilities, and community facilities while providing for the preserva-
tion of significant historical and natural features of the land.
2. Common Open Space. A parcel or parcels of land, or an area of water, or a combination
of land and water within a planned unit development designated and intended for the
use or enjoyment of residents of the development. Common open spaces may contain
complementary structures and improvements as are necessary and appropriate for the
benefit and enjoyment of occupants of the development.
3. Homes Association. An incorporated, non-profit organization operating under recorded
land agreements through which (a) each lot owner in the planned unit development is
automatically a member and (b) each lot is automatically subject to a charge for a
proportionate share of the expenses for the organization's activities and (c) common
open space and facilities are maintained.
18.75.030 PERMITTED USES
1. Uses allowed in the particular zoning district(s) of the proposed development may be
allowed if integrated into the plan and development of the P.U.D.
2. Residential uses may be allowed in commercial P.U.D. 's.
3. Residential uses not permitted in the particular zoning district(s) of the proposed
P.U.D. 's may be allowed if integrated into the plan and development of the P.U.D. 's.
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4. Office uses may be allowed in the residential P.U.D. 's provided that no more than
twenty percent (20%) of the gross area of the P.U.D. is to be used for offices.
Office development in a residential P.U.D. shall be subject to the following criteria:
a. Adequate buffers and/or landscaping, and a specific proposal for signing
controls shall be provided in the preliminary site plan to assure basic
residential character of the living environment is not violated.
b. Any office development proposed shall be located in a single location
separated from the residential portion of the P.U.D. to the greatest
extent feasible.
c. Vehicular traffic patterns designed to service any proposed office
development shall be separate from any vehicular traffic patterns
designed to service the residential portion of the P.U.D.
d. All office uses shall be medical and/or professional (as defined in
Section 18.06.440 of this ordinance) oriented.
5. Commercial development in a residential P.U.D. shall be subject to the following criteria:
a. Economics - The residential development with the P.U.D. shall constitute the
primary market for the commercial uses within the P.U.D. Not more than fifty
percent (50%) of the market required to support the commercial uses proposed
shall be located outside the P.U.D. provided, however, that in cases where a
market analysis clearly demonstrates that existing and planned commercial uses
are inadequate to serve the needs of residents of the surrounding area more than
fifty percent (50%) of the market justifying such commercial uses may be allowed
outside the area surrounding the P.U.D. In all cases burden of support for such
commercial development is that of the developer.
b. Uses - All commercial uses shall be convenience shopping and/or service facilities.
No drive-in enterprises or uses for which justification relies primarily on through
traffic are permitted, provided, however, that gasoline service facilities which
make use of pedestrian and vehicular way in common with other uses in terms of
roof line, use of materials, and architectural treatment may allowed.
c. Design and Amenities - Adequate buffers and/or landscaping, and a specific proposal
for signing controls shall be provided in the preliminary site plan to assure that
the basic residential character of the living environment is not violated. No
free-standing signs shall be permitted except that one planned district sign per
street frontage identifying the center may be allowed. Such planned district
sign(s) shall not exceed ten (10) feet in height. The design, materials, lighting,
and scale of all signs shall be subdued, non-commercial in character and wholly
compatible with the residential qualities of the area. All interior and exterior
displays and all windows through which displays or merchandise can be seen shall
not be visible from any public right-of-way. Any commercial development proposed
shall be located in a single location separated from the residential portion of
the P.U.D. to the greatest extent feasible.
d. Vehicular traffic patterns designed to service any proposed commercial development
be separate from any vehicular traffic patterns designed to service the residential
portion of the P.U.D.
e. Phases - Residential construction shall be a major portion of the first phase of
development. Completion of commercial development shall not precede completion
of residential units.
18.75.040 DEVELOPMENT CRITERIA
1. Design. The P.U.D. shall be designed and developed in a manner compatible with and compli-
mentary to existing and potential development in the immediate vicinity of the project site.
Site planning on the perimeter shall give consideration to protection of the property from
adverse surrounding influences, as well as protection of the surrounding areas from
potentially adverse influences within the development. In addition, the P.U.D. shall
relate harmoniously to the topography of the site, make suitable and similar natural
features and areas, and shall otherwise be so designed as to use such natural features
and amenities to best advantage.
ORDINANCE NO. 979
2. Site Size. No minimum site size shall be required provided that the development satisfies the
intent and special definitions of this section and where the development meets all other criteria
of this section and all other pertinent ordinances, regulations and laws.
3. Location. A P.U.D. may be located in any zoning district(s) where P.U.D. 's are conditional uses
and where the developer of the P.U.D. can demonstrate that the development will meet the intent
of Section 18.75.010 and will not create undue detrimental effects in the district(s) in which
the P.U.D. is to be located, in terms of environmental and/or community impact.
4. Density. The maximum number of living units per acre of the total surface area of the subject
lands shall be as follows:
RS Zone: Maximum density attached to zone
R-1 Zone: Three (3) units per acre
R-2 Zone: Five (5) units per acre
R-3 Zone: Fifteen (15) units per acre
R-4 Zone: Twenty (20) units per acre
R-5 Zone: Sixty-five (65) units per acre
R-0 Zone: Lowest maximum density of adjacent zones
B-1 Zone: Lowest maximum density of adjacent zones
B-2 Zone: Twenty (20) units per acre
B-3 Zone: Sixty-five units per acre
5. Modification of Density. Character, design excellence, architectural style, siting variation,
innovative open space utilization, the provision of recreational facilities, etc. , may be con-
sidered cause for density increases up to maximum of thirty-five percent (35%) according to the
provisions listed below. The degree of distinctiveness and desirable variation shall govern the
amount of density increase which the City Commission may approve:
a. Landscaping - Streetscape, open spaces, recreation areas, and plazas, use of existing
landscape, pedestrian way treatment, and waterscaping.
b. Siting - Visual focal points, use of existing physical features such as topography,
view, sun and wind orientation, circulation pattern, physical environment, and
variation of building setbacks.
c. Design Features - Architectural styles, harmonious use of materials, parking areas broken
by landscape features, and varied use of housing types.
d. Recreational Facilities - Swimming pools, tennis courts, improved parks featuring picnic
tables, benches, ball fields, playgrounds, high quality bike and pedestrian path systems, etc.
If the City Commission finds that any of the following conditions would be created by an increase in
density, it may limit the density increase by an amount sufficient to avoid the following conditions:
a. Inconvenient or unsafe access to the development.
b. Traffic congestion in streets adjoining the development.
c. An excessive burden imposed on parks, recreational area, schools, and other public facilities
which serve or are proposed to serve the development.
6. Streets. The right-of-way and pavement widths for internal ways, roads and alleys serving all
residential and non-residential buildings shall be determined from sound planning and engineering
standards and shall be certified thereto by a competent expert or experts licensed under the laws
of the State of Montana. Internal public road right-of-way shall not be less than sixty (60) feet
in width. In any event all roads, public or private, shall meet minimum right-of-way widths and
pavement widths as required for the city of Bozeman, with the following exceptions:
Minor private streets which are improved in accordance with specifications of the City
of Bozeman shall not be required to reserve right-of-way in excess of the roadway width.
The roadway width, as measured from back of curb to back of curb may be:
a. Minor streets with no parking . . . twenty (20) feet wide.
b. Minor streets with guest parking on one side . . . twenty-eight (28) feet wide.
c. Minor streets with guest parking on both sides . . . thirty-four (34) feet wide.
Dedicated streets shall be subject to all requirements in the Bozeman Zoning Code and the
Bozeman Area Subdivision Regulations.
Dwelling areas shall only have limited access to major traffic arteries; both internal
and external.
7. Setbacks. No building shall be located closer than five (5) feet to any interior pedestrian way,
court, plaza, open parking lot, or any other surface area reserved for public use in common by
residents of the P.U.D. No building shall be located closer than fifty (50) feet to any interior
street or closer than twenty-five (25) feet to any exterior street. No building or structure,
except a wall or fence, shall be located closer to any exterior boundary than eight (8) feet
plus three (3) feet for each additional story over one (1) story. Such setbacks shall be
ORDINANCE NO. 979 400
410
measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk
exists, setbacks shall be measured from the nearest edge of the street right-of-way or
private road easement.
8. Yards. Minimum yard requirements ahll be governed by setback requirements, provided that
minimum side yards of contiguous "buildings" shall be a minimum of eight (8) feet plus three
(3) feet for each additional story over one (1) story.
9. Common property. When common property exists; open space recreational facilities, etc. , the
ownership of such common property may be either public or private. Satisfactory arrangements,
as described in the subdivision regulations, shall be made with the City Commission for the
improvements, development operation, and maintenance of such common property and facilities
including private streets, driveways, service and parking areas and recreational open space
areas.
10. Open Space.
a. Required open space shall comprise thirty percent (30%) of a total area of a P.U.D.
Fifty percent (50%) of the required open space shall be of common ownership. Land occu-
pied by buildings, streets, driveways, or parking spaces may not be counted in satisfying
this open space requirements; provided, however, that land occupied by recreational
buildings and structures may be counted as required open space.
b. If the development is to be accomplished in phases, a phased development schedule
shall coordinate development of the open space, the construction of the buildings,
structures, and improvements in such open space, and the construction of dwelling
units in order that each development stage achieves a proportionate share of the total
open space and environmental quality of the total planned unit development.
11. Height. All buildings and structures shall conform to the height, regulations of the zone in
which the P.U.D. is located; provided, however, that the City Commission may approve buildings
and structures with greater height, when in its opinion, such additional height would not
have an adverse effect on adjacent properties or on properties or developments in the vicinity.
No additional height shall be approved with one hundred (100) feet of any external boundary
of the P.U.D. adjacent to the land in any residential, estates, or agricultural zone.
12. Off-Street Parking. Off-street parking area not under cover shall be screened from view of
nearby residences of the development by decorative screening or other appropriate landscape
features.
13. Signs. Interior street, building and other signs shall be uniform in design and reflect
good taste in style and size and shall be subject to the approval of the City Commission.
14. Night Lighting. Light fixtures for walks, parking areas, driveways and other facilities
shall be developed in sufficient number and at proper location to assure safe and convenient
nighttime use.
15. Antennas. A common central radio and television antenna shall be provided with underground
cable service to at least all buildings containing dwelling units. No other exterior radio
or television antennas shall be permitted.
16. Fire Protection. Fire hydrants and connections shall be installed as required by the City
Commission and shall be of a type approved by the chief of the local fire district. Installa-
tion shall be part of the overall improvement agreements for the development.
17. Emergency Service. Any building or any dwelling unit that is located more than one hundred
(100) feet from a public or private street or other vehicular way shall have pedestrian
access thereto capable of accommodating emergency and service vehicles.
18. Utilities and Services. All new utility lines and all new off-site service utility lines,
necessary to serve the development, shall be installed underground.
19. Professional Services. The developer is encouraged to obtain a trained and experienced land
planner, registered civil engineers, licensed land surveyors, registered architect and/or
landscape architect to prepare plans for all planned unit development, to enable the most
expeditious processing of such developments. (The use, by developers, of qualified pro-
fessionals to do plans for planned unit development reduces review time required on said
developments.)
20. Modification of Requirements. Modifications of the development criteria of this section may
be granted by the City Commission when it has been determined that such modification is
necessary to accommodate special circumstances related to the location, siting, or implementa-
tion of the project, and to promote the public health, safety, morals, and welfare. Any
modification granted shall be fully documented, recorded, and presented at the public hearing.
ORDINANCE NO. 979
101111 -
18.75.050 APPLICATION AND SUBMITTAL REQUIREMENTS FOR PLANNED UNIT DEVELOPMENT
Application for Planned Unit Development. Each application shall be in writing on a form provided
therefore by the Building Inspector. In addition to the completed application form and a $25 filing
fee and a $2.00 per dwelling unit fee, ten (10) prints with one (1) reproducible tracing of the
items listed below are normally required for scheduling a planned unit development proposal before
the Zoning Commission and City Commission. Prior to preparing material for filing, the applicant
should contact the Planning Office to make precise determination as to the content and preparation
of material for filing. Said application together with exhibits attached thereto and made part
thereof by reference shall contain the following information:
1. The name and address of the applicant.
2. A legal description of the subject lands.
3. A map which shall meet all of the requirements as to form and content of a preliminary
subdivision plat plan required under the provisions of Section 3 of the adopted Bozeman
Area Subdivision Regulations.
4. Site Plan. On a 24" x 36" sheet (smaller sheets may be used) detailed development plan
which shall set forth, show and delineate, among other things, the exact location and
dimensions of the following to be constructed or situated therein or thereof:
a. All portions which will be occupied by buildings;
b. All public and private streets, all utility easements, all public and private ease-
ments of any kind, and all area to be dedicated for public use or conveyed to the
city or county;
c. All portions which are to be divided into separate ownership;
d. All portions, if any, which are to be owned in common by all of the owners of parts
divided into separate ownership, and;
e. All public and private ways of pedestrian and vehicular ingress to egress from the
subject lands.
5. Elevations. On 24" x 36" sheet(s) (smaller sheets may be used) showing elevation(s) of
the building(s) proposed (to include accessory structures) should be shown and materials
(colors as appropriate) indicated.
6. Floor Plans. On 24" x 36" sheet(s) (smaller sheets may be used) showing the various use
areas within the building(s) and the location of doors and windows.
7. Conceptual landscape plan. On a 24" x 36" sheet (smaller sheets may be used) indicating areas
to be landscaped; tree clusters, shrubs and hedges (noting common name and size) ; special
elements (mounding, interest areas, water, building, paving texture, etc.) and general circu-
lation system.
8. Exterior Lighting System. On 81" x 11" or 81" x 14" sheets showing type of fixtures pro-
posed (perspective or elevation drawing) with general location indicated on the "Site Plan".
9. Use Allocation and Density Distribution Tables. On the site plan sheet or 81/2" x 11" sheets
indicating the net and gross (centerline of abutting streets) acreage for the entire
project, net acreage for major areas, and pertinent site plant facts, to include: tables
showing the area expressed in square feet or acres, and the percentage it comprises of the
subject lands for each of the following:
a. Public streets and public easements.
b. Private streets and private easements.
c. Utility easements.
d. Portions of the subject lands to be divided into separate ownership.
e. Portions of the subject land in common ownership.
f. Lands which will be covered by buildings.
g. Lands which will not be occupied by buildings.
h. The total number of living units within the subject lands, and showing the total
number of living units per acre of the subject lands.
i. The total number of off-street parking spaces within the subject lands.
10. Covenants and other legal agreements which regulate areas or facilities of common or restricted
ownership, if any, which shall:
a. Legally create automatic membership in a non-profit homes or lots association or
similar instruments.
ORDINANCE NO. 979 411
402
b. Place title to any common property or facility in the homes or lots association.
c. Appropriately and permanently limit the uses of common property and open space.
d. Give each lot or unit owner the use and enjoyment of any common property or facility.
e. Place responsibility for operation and maintenance of the common property and facili-
ties in the homes or lots association.
f. Place an association charge on each lot or unit in a manner which will, (I) assume
sufficient funds for maintenance and operation, such charge to be a lien on the
property; and (II) provide adequate safeguards for owners against undesirable high
charges.
11. Phased Development Schedule. If phased development is anticipated, a development schedule,
describing the phasing for the entire P.U.D. for all dwelling units, non-dwelling structures
recreational and other facilities, utilities and open space improvements by phase shall be
submitted.
12. Engineering and Fire Data. Additional drawings and data on these subjects as appropriate.
13. Material Sample Board. Illustrating the exterior building material for the proposed
buildings if necessary.
14. Such application shall contain all other information as the City Commission may require.
NOTE: All planned unit development submittals must respond to appropriate city policies and codes,
relate to specific action by the Commissions for subject property, and conform with the
Bozeman Area Plan.
18.75.060 APPROVAL
Approval of a planned unit development shall be obtained through conditional use permit
procedures as specified in Chapter 18.72 of this ordinance and by following the adopted Subdivision
Regulations. When the City Commission gives approval of the planned unit development permits
shall be issued only in accordance with the approved plans, stipulated conditions, development
schedule and improvement agreements.
Modification. Modifications that are requested shall be handled in a similar manner to the initial
application with the Zoning Commission and City Commission and plan conditions; except that minor
modifications which do not increase the approved density or change the approved uses may be
allowed by design review approval from the Planning Office and Building Department.
Status of Approved Plan for Planned Unit Development. The approved policy statement and site plan
for planned unit development shall govern all development on the site. If approval is granted for
subsequent division of a planned unit development into two or more parcels, the approved policy
and plan shall govern the development on each of the separate parcels.
Subdivision of a Planned Unit Development. The City Commission may approve subdivision of a
planned unit development into lots if the Commission finds that adequate provisions are enforced
to insure the perpetual maintenance of all areas and improvements proposed to be owner in common,
or to be maintained in common, and to insure that additional development will conform with the
approved policy and plan.
18.75.070 MINOR PLANNED UNIT DEVELOPMENT APPROVAL
An applicant seeking to build more than one principle structure on a given lot may request
to the Planning Director that his development be reviewed as a Minor P.U.D. and given summary
Planning Staff review and approval.
1. Waiver of Requirements.
The Planning Director may waive all or any part of the requirement for:
a. public hearings,
b. Zoning Commission review and approval, where it is determined that the following
conditions will be met:
a. the proposed development will consist of three (3) or less structures, or
twelve (12) or less residential units,
b. no density bonuses are required.
c. the uses proposed are uses which are allowed in the zoning district in which the
P.U.D. is to be located,
d. the proposed development fulfills the intent and definition of a P.U.D. as outlined
in Chapter 18.75 of the Bozeman Zoning Ordinance,
e. all design and site plan requirements required in Section 24 of the Bozeman
Zoning Ordinance will be satisfied,
f. the development is estimated not to have a significant environmental impact.
ORDINANCE NO. 979
413
The Planning Director will advise the applicant of his action by letter within ten (10) days
of the date of submission of a request for summary review of the Minor P.U.D.
2. Preapplication Plan Procedure for Summary Review.
The applicant shall submit a preapplication development plan to the Planning Office
for approval in principle. This approval shall be limited to the general compliance of
the land uses and densities proposed and their interrelationships, and shall not be inter-
preted to indicate final plan approval.
The preapplication plan may be a free-hand sketch, legible drawn, showing approximate
boundaries, dimensions, areas and distance describing the basic intent and concept of the
development.
The Planning Director shall review the preapplication plan and advise the applicant as
to whether or not the development plan satisfies the criteria for the P.U.D. designation.
3. Final Plan Procedure for Summary Review
Upon completion of the preapplication plan review, the applicant shall submit three (3)
copies of the final development plan and supplementary information as outlined in Section
18.75.050 of the Bozeman Zoning Ordinance to the Planning Office.
4. Review by Planning Office
The Planning Director shall review the final development plans to assure that all
conditions and requirements for final approval have been met and will certify in a printed
certificate on the plans. A copy of the staff report and final development plan will be
sent to each member of the Zoning Commission. A majority of the Commission can request,
within three (3) days, that the proposed P.U.D. be reviewed at a public hearing.
5. Approval by Building Inspector
The Building Inspector shall examine every final development plan for a minor P.U.D.
and shall approve it if it conforms to the conditions of final approval, and the terms of
Chapter 18.75 of the Bozeman Zoning Ordinance. The Building Inspector shall certify
final approval by a printed certificate on the plans before issuance of a building permit.
Section 3
This ordinance shall be in full force and effect 30 days from and after its final passage and approval
according to law.
PASSED by the City Commission and approved by the Mayor of the City of Bozeman this 29th day of
September, 1976.
JAMES W. VOLLMER, Mayor
ATTEST:
DIANE KRUPINSKY
Acting Clerk of the City Commission
State of Montana )
County of Gallatin:
City of Bozeman )
I, Diane Krupinsky, Acting Clerk of the Commission of the City of Bozeman,
do hereby certify that the foregoing Ordinance No. 979 was published by Title and
Number in the Bozeman Daily Chronicle, a newspaper of general circulation
printed and published in Bozeman in the issue of the 3rd day of October 1976, and
due proof of such publication is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of
my office this 3rd day of November, 1976.
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DIANE KRUPINSKY
Acting Clerk of the City Commission
ORDINANCE NO. 979