[Ord. No. 777 §26-81, 3-23-1994; Ord.
No. 22-18, 8-18-2022]
A.
The purpose and intent of the planned unit development regulations
is to provide the property owner/developer with a more flexible means
to develop land, to use a more innovative design, while assuring greater
bona fide benefits to the community. Its intent is to encourage a
unique and more imaginative design, with expanded development and
community amenities, than is possible under the conventional zoning
regulations by eliminating minimum lot sizes, setbacks, and other
zoning and subdivision related restrictions.
B.
A planned unit development shall provide for a compatible development
of two (2) or more different land use(s) within a single site and
propose residential densities, mixed use, and/or non-residential intensities,
permitting greater flexibility in design, in exchange for a greater
investment in public improvements and amenities for residents.
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.
C.
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 without an exchange or dedication of greater
public benefit and creative design. 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:
1.
A pattern of development which preserves trees, outstanding
natural topography, protects flood prone or otherwise sensitive geologic
features, that prevents soil erosion.
2.
A creative approach to the use of land and related physical
development.
a.
Curvilinear subdivision designs.
b.
Integration of different land uses and housing densities.
c.
Submission of architectural design standards, covenants, and
other design commitments that ensure quality construction.
d.
Schedule of required tree and landscaping plantings required
for each platted lot, street right-of-way or other designated area
or subarea developed.
4.
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lower building costs.
5.
An environment of stable character in harmony with surrounding
development.
6.
A more desirable environment than would be possible through
the strict application of other Sections of this Chapter.
D.
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; Ord.
No. 22-19, 8-18-2022]
A.
All
planned unit development districts shall, at a minimum, satisfy the
following standards and requirements.
1.
Permitted uses. The planned unit development must
specify the land use(s) to be incorporated, from the following list
or if not listed, the proposed building-type, table, or narrative
illustrating the intent or type. A minimum of two (2) from the following
list:
2.
Development intensity. The intensity of the planned
unit development as a whole, or by subarea, shall be specified and
shall illustrate how it differs from comparable zoning district(s)
of the allowed uses and shall further be governed by the following:
a.
For non-residential development, the intensity of development may
be regulated by:
(1)
Specifying an appropriate floor area ratio(s) (FAR).
(2)
Specifying maximum square footage or gross leasable area.
(3)
Specifying setbacks, height and bulk restrictions.
(4)
A combination of such restrictions for the project as a whole
or for components or subareas within the project.
(5)
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.
b.
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.
|
Zoning District
|
Minimum Lot Area Per Dwelling Unit
|
|---|---|
|
"R-1L" Single-Family
|
12,000 square feet
|
|
"R-1M" Single-Family
|
10,000 square feet
|
|
"R-1H" Single-Family
|
8,000 square feet
|
|
"R-2" Two-Family
|
6,000 square feet
|
|
"R-3" Multi-Family
|
4,500 square feet
|
|
"C-1" General Commercial
|
Residential not permitted
|
|
"C-2" Central Business District
|
Residential permitted (see Section 400.670)
|
3.
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.
4.
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.
|
Land
|
Minimum Street Classification
|
|---|---|
|
"R-1L," "R-1M," "R-1H" Single-Family
|
Local
|
|
"R-2" Two-Family
|
Local
|
|
"R-3" Multi-Family
|
Collector
|
|
"C-1" General Commercial
|
Secondary Arterial
|
|
"C-2" Central Business District
|
Secondary Arterial
|
5.
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.
6.
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]
A.
Applications
for planned unit development shall be processed pursuant to a three-step
review process. This procedure shall include:
1.
A pre-application conference,
2.
A preliminary development proposal, and
3.
A final development proposal.
a.
Pre-application conference.
(1)
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.
(2)
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.
b.
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.
c.
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.
