[Ord. No. 777 §26-81, 3-23-1994]
The purpose and intent of the planned unit development regulations is to provide for the compatible development of two (2) or more different land uses within a single site. This combination of traditional zoning classifications under one (1) development is designed to permit greater flexibility and should benefit both the developer and the public interest.
It is not the intent of these regulations to circumvent traditional zoning classifications, increase the average density or uses beyond that which is provided for in other Sections of the zoning regulations or allow development which is not compatible with the principles of the Comprehensive Plan. These regulations should provide for a greater flexibility in the design of yards, courts, buildings and circulation than would otherwise be possible through the strict application of district regulations in order to provide the opportunity for:
A pattern of development which preserves trees, outstanding natural topography, geologic features and prevents soil erosion.
A creative approach to the use of land and related physical development.
Open space and/or recreation areas.
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower building costs.
An environment of stable character in harmony with surrounding development.
A more desirable environment than would be possible through the strict application of other Sections of this Chapter.
The Commission and subsequently the Board of Aldermen may exclude any restrictions or conditions. Consideration may be given, but not limited, to the compatibility and relationship of land uses adjacent to or in close proximity to the proposed development, overall impact of the proposed development upon the community and the proposed development's conformance with the principles of the Comprehensive Plan.
[Ord. No. 777 §26-82, 3-23-1994]
A planned unit development zone may be proposed for any location in the City if it is in accordance with the provisions of this Article.
[Ord. No. 777 §26-83, 3-23-1994]
Approval of a planned unit development zone shall constitute an amendment to the zoning regulations. Approval of a planned unit development shall supersede all existing and prior zoning classifications. Property approved for planned unit development shall be identified with the letters PUD followed by the corresponding zoning case number.
[Ord. No. 777 §26-84, 3-23-1994]
All planned unit development districts shall, at a minimum, satisfy the following standards and requirements.
Development intensity. The intensity of the planned unit development as a whole or by subarea shall not exceed that allowed in the comparable zoning district of the allowed uses and shall further be governed by the following:
For non-residential development, the intensity of development may be regulated by:
Specifying an appropriate floor area ratio(s) (FAR),
Specifying maximum square footage or gross leasable area,
Specifying setbacks, height and bulk restrictions,
A combination of such restrictions for the project as a whole or for components or subareas within the project.
In addition, non-residential development plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of commercial and other non-residential activities.
The residential density of a project shall be computed in accordance with the following formula:
Maximum Number of Dwelling Units = Entire area of the property to be utilized for the residential purposes multiplied by the maximum districts(s) in effect for the property at the time of (PUD) district application.
Public facilities. All uses within the planned unit development are required to be connected to public utilities including: water, sewer, electric, gas and telephone. If these facilities are not available at the time of development, it shall be the responsibility of the developer to provide them unless stipulated otherwise by the Board of Aldermen.
Access to public streets. All uses within the planned unit development are required to be connected to public streets. If additional roads or streets are required, it shall be the responsibility of the developer to construct them to the standards of the City of Billings unless stipulated otherwise by the Board of Aldermen. In addition, certain uses may not be developed unless is provided to a specific street classification as set forth in the following table.
In addition to these minimum standards, no one- or two-family residential dwelling units should have direct access to any street classified as secondary, arterial or higher.
Parking. Unless specifically modified by the planned unit development amendment, the parking requirements of Article XIV shall apply. Reductions in parking requirements shall be approved only if it can be demonstrated that parking demand will be less due to the design and character of the planned unit development.
Perimeter treatment. The planned unit development amendment shall specify any special treatment of perimeter areas designed to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The Board of Aldermen may impose those standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.
[Ord. No. 777 §26-85, 3-23-1994]
Applications for planned unit development shall be processed pursuant to a three-step review process. This procedure shall include:
A pre-application conference,
A preliminary development proposal, and
A final development proposal.
Not less than forty-five (45) working days before preparing and submitting the preliminary plat to the Commission, the developer and/or his/her engineer shall consult with the representative of the Commission, while the plat is in sketch form, to ascertain the location of proposed highways, primary or secondary thoroughfares, collector streets, parkways, parks, playgrounds, school sites and other community facilities or planned developments and to acquaint himself/herself with the Commission's requirements. During the pre-application proceedings the general feature of the planned unit development, its layout, facilities and required improvements shall be determined to the extent necessary for the preparation of the preliminary planned unit development proposal. Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished to the developer.
The City shall have the right to schedule any other meetings necessary to ensure that the planned unit development is compatible with the principles of the Comprehensive Plan. It shall be the responsibility of the City to schedule such meetings to include the developer and/or his/her engineer.
Preliminary proposal. The developer shall submit to the Commission a preliminary proposal of the proposed planned unit development which shall conform with the requirements set forth in Sections 400.350 and 400.720 at least thirty (30) working days prior to the meeting of the Commission at which action is desired.
The preliminary proposal shall also include a written concept plan. The written plan should include, but not be limited to, any supporting material describing the overall concept of the proposed development, the uses included and any limitations upon uses; building types; provisions for maintenance of common use areas where applicable; any proposed agreement, dedications or easements; any proposed private covenants and restrictions; and any other information pertinent to a determination of compliance with this Article. Additionally, the written concept plan must include a section detailing the public benefits of the planned unit development proposal.
Final proposal. Upon approval of the preliminary proposal by the Commission, the developer shall submit a final proposal of the planned unit development in accordance with the requirements of Section 400.360 at least thirty (30) working days prior to the Commission meeting at which action is desired.
Approval of the final proposal for a planned unit development includes the approval of the subdivision final plat and amendment to the Official Zoning Map. Approval of the amendment to the Official Zoning Map requires public hearing before the Commission and the Board of Aldermen in accordance with the requirements of Article XVII.