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6. Ordinance 1644 - Zoning Text Amendment - Revisions to Planned Unit Development Districts - 1st ReadingPLANNING FOR THE FUTURE MUNTTANA �J REPORT TO: Kalispell Mayor and City Council FROM: Torn Jen.tz, Director James H. Patrick, City Manager Plann ng Department 201 1ST Avenue East Kalispell, NIT 59901 Phone: (406) 758-7940 Fax: (406) 758 -7739 www.kalispell.com/planning RE* Kalispell Zoning Ordinance Text Amendment - Revisions to Chapter 27.21 Planned Unit Development districts (PUD). MEETING DATE: Council Meeting -- August 4, 2008 BACKGRO ND: The Kalispell City Planning Board met on May 13 to consider a proposal to significantly edit and update the Planned Unit Development (PUD) standards of the Kalispell Zoning Ordinance. The revisions were prepared by the planning staff as part of the overall staff review and update of the Kalispell Zoning Ordinance. Tom Jentz of the Kalispell Planning Department, presented staff report #KZTA-07-4A evaluating the revisions to the PUD regulations and recommended approval of the proposal. One letter of support for the amendments was received and. Mayne Flowers, spearing on behalf of Citizens for a Better Flathead provided a considerable amount of testimony asking for modifications to the changes. After significant deliberation, the planning board tabled the amendments until the June 10 planning board meeting. By way of background, in 2007 the planning board held 3 workshops, forwarded a draft set of PUD regulations to all surveyors, engineers and planners and then held a public hearing on October 9, 2007. The planning board forwarded a recommendation to the council to approve a series of amendments to the PUD section of the zoning ordinance. At a council work session in November, and subsequent city council action., the PUD revisions were sent back to staff for consideration of a series of issues raised by the public. The significant changes to the PUD ordinance leading up to the May 13 planning board hearing were as follows: 1. Eliminating the requirement that a PUD be limited to a single owner or that it be under single ownership. 2. Developing 2 levels or choices of application method; a full PUD application as used now and a PUD Placeholder application where an applicant would bind themselves to using the PUD process but not provide any application materials at this time. 3. Requiring a pre -application meeting prior to submission of an application and a work shop open to the public prior to the planning board hearing. 4. Revising the application materials that should accompany the application to better reflect the needs of the city. 5. Revising the abandonment process to practically create a way to sunset PUD projects that have been abandoned. 0. Reducing the density bonus in some residential distracts to bring them closer into alignment with the underlying residential zone density. 7. As an alternate, providing density bonuses for increased parkland and open space and for the provision of affordable housing. At the May 13 planning board hearing, one letter of support for the changes was received from. Eric Mulcahy, Sands Surveying. Mayre Flowers representing Citizens for a Better Flathead did state that they supported some of the changes but that they did not go far enough in meeting the changing development pressures in the city. As a result of testimony at the May 13, 2008 planning board hearing, a series of modifications were made to the draft and presented to the planning board at its June 10 session. Those changes are as follows: • Page 3 under Section 27.21.020 (3A) added storm water features as a required element to be shown on the proposed PUD plan. ■ Page 3 under Section 27.21.020 (3e) added pedestrian traffic routes and trails including safe routes to school club houses and sales offices as additional criteria to be shown in the PUD submittal. • Page 3 under Section 27.21.020 (1) added a requirement that the first phase of development must comply with all aspects of these PUD regulations. • Page 7 under Section 27.21.020 (7b) deleted a reference to a certification that needed to be placed on the face of the final PUD documents and instead added a subsection (c) which requires the applicant to enter into a PUD agreement between the city and the developer(s), his heirs or assigns. Note that this is the practice that has currently been used and is recommended by the city attorney. • Page 8 amended Section 27.21.020 (10(a2)) to require that a developer must contact the city and ask for an extension within 30 days notice by the city that their project has fallen out of compliance. ■ Can page 9 under Section. 27.21.030 (1a) removed "the land within a stream bank setback" from the "undevelopable" category for the purpose of determining the ultimate density on the site. ■ On page 11, under Section 21.21.030 (4(c2)) added the term. "which will insure long term affordabilato the list of agencies to ensure that affordable housing would stay affordable for the long term. ■ On. page 12 subsection 3, the following section was modified to ensure that commercial activity within a residential maimed -use PUD would be predominately 2 neighborhood oriented in scale. "'The predominant land use character of the PUD must be residential; commercial uses should rimaril be sized and located to address the needs of the immediate neighborhood" A motion was made and passed on a 6-0 vote to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance PUD draft amendments dated June 10, 2008 be amended as proposed. At the July 7 council workshop, the following amendments were proposed but have not been added to the document. These amendments were requested to address concerns that the first phase of a multi -phase project might be front loaded with excess density, to define wetlands as "federally listed" wetlands and to further define when slopes in excess of 30 feet are usable or not usable. Suggested language for these concerns are as follows. 27.21.020 (3L) 2. Ea 27.21.030: Standards for Planned Unit Development District (PUD). (1). General Standards. I] v :.; = ;:::.: a e10 able area of a PUD shall be defined as all land that could potentially be available for development including land in existing or potential lots streets Men space and parks. Undevelo able area is defined as land within un--buildable areas including land in a 100 vear flood lain BPA ower line easements f d mal d s aced wetlands and slopes in excess of 30% UiA s� s sfactr tcCalfrtah �s subn teed b a 1iec RECDbUYIENDATIt]N: Review any additional proposed changes and take formal action on this item at the August 4 council meeting. FISCAL EFFECTS: Minor positive impacts as it will serve to improve the quality and predictability of PUD development projects in the City of Kalispell. 3 ALA TERNATIVE& As suggested by the City Council. Respectfully submitted, t Thomas R. Jenj James H. Patrick Director City Manager Report compiled July 17, 2008 Attachments: Staff report #RZTA-07--4A and application materials Minutes 5-13-08 & 6-10-08 planning board meetings Comments from. Citizens for a Better Flathead including the Pitkin. County, Blaine County and City of Bozeman PUD regulations. Letter From Eric Mulcahy, Sands Surveying c: Theresa White, Kalispell City Clerk V !`` AN ORDINANCE AMENDING THE CITY OF KALISPELL PLANNED UNIT DEVELOPMENT STANDARDS CODIFIED AT CHAPTER 27.21 OF THE KALISPELL MUNICIPAL CODE, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell has submitted a written request to amend the Planned Unit Development standards, and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Kalispell Planning Department after having been evaluated under 27.30.020, Kalispell Zoning ordinance, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the Planned Unit Development standards be amended to incorporate those changes as are highlighted in Exhibit "A", and WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the transmittal from the Kalispell City Planning Board and zoning Commission and hereby adopts the findings presented as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Planned Unit Development standards are hereby amended as follows on Exhibit "A", attached hereto and thereby made a part hereof. SECTION II. This Ordinance shall take effect thirty (30) days after its final passage. SECTION III. The City Attorney is hereby authorized and directed to recodify this Ordinance. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL TIIIS 18TH DAY OF AUGUST, ZOOS. ATTEST: Theresa white City Clerk Pamela B . Kennedy Mayor Draft Approved by Kalispell Planning Board June 10, 2008 CHAPTER 27.21 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) Sections. 27,21,010 Intent 27.21.020 General 27,21.030 Standards for Planned Unit Development District (PUD) 27.21.010: Intent. A planned unit development district shall serve as an overlay zoning district. It shall function in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve to modify the underlying zone and, where appropriate, subdivision standards with the intent of providing flexibility of architectural design and density as well as providing the option to mix land uses and densities while preserving and enhancing the integrity and environmental values of an area. 27.21.020: General. The following application and review procedures shall apply to designation and approval of all planned unit developments in the city. (1). Initiation of Application: The land owner(s) or land owner(s') designee shall schedule a pre -application meeting with the planning department prior to official submission of a PUD application. The PUD application shall be submitted on a form provided by the city. Where multiple owners of the property or properties exist, all owners shall either sign the application or submit a letter of consent authorizing submission of the PUD application. (2). PUD Application Thresholds: It is anticipated that PUD applications will be submitted in one of two forms, a PUD full application meeting all the requirements of this section and a PUD Placeholder application which serves as a place marker for a future PUD application. Within any PUD application it is possible to incorporate one or both of the categories listed below: (a). PUD Full Application -This application will be processed in accordance with the full provision of this chapter and will require the submission of all application materials required in Section (3) PUD Application Materials below. (b). PUD Placeholder Application - This submittal typically is involved with annexation and initial zoning or a rezoning in which the applicant requests a PUD designation noting the applicant's intent to develop a PUD and enter into a development Page 1 of 13 agreement with the city, binding the property to a future PUD application but not providing any application materials or development plan nor receiving any entitlements other than a commitment between the city and the applicant that if development is to proceed it will be done via the PUD process. Prior to development of the PUD the applicant would proceed using the full PUD application process. a M1111l A r a a A r i r a . A r / a w i . i ■ ■ w r + - r ■ w ■ 3 ■ ■ ■ ► ■ A A i ii r w i A w i ■ r ■ ■ ■ s ► M a r i■ ri # A / A # r ■ ■ ■ ■ w ■ ■ ■ tlr ■ ■ edge w w r. +� ■ i + r • ► r s Mill. m All All r or• ■ / r # w w ■ rr s A w i .. Y w a a r ■ ^. 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A r ■ .r i w All, w w w #■ w■+ r #. a a r r ■ i ■ a IiILV41 s � w ■ r Page 2 of 13 1. via r � � A NEWa WOO ■ w/ w # a A rlw � w r■ •r r w w ■ 11110 i . w • A a .. . a . .. # #� w ■ . ■ W11016 IN WAW s • s w r ■ R ,w • R UP '1111'' N nr r i ■ ■ ilb111 11 1 1 1 FWILW yr ■ r A ■ w ■ sw 0 low is W11 10 Iff ■ 9 a WILVIOno a wall■ ■ ■ w s (3). PUD Application Materials. The full PUD application submittal shall contain the following information in the form of an overall PUD development plan and supporting text: (a). A listing of each deviation or class of deviation from the underlying zoning district and a justification of the appropriateness for the deviation; (b). A listing of each deviation or class of deviation from the city subdivision regulations design standards and a justification of the appropriateness for the deviation; (c}. An existing topo map showing existing building and features and a proposed topo reap showing proposed topography using one to five foot intervals drawn to a scale not less than one inch equals 200 feet showing all proposed streets, lots, buildings, open space, wetlands, floodplain, environmental hazards, storm water facilities and other elements basic to the development; (d}. Proposed locations, areas, densities and types of residential and nonresidential uses and structures within the area proposed to be developed and maximum height of buildings or structure; (e). Proposed plans for handling: 1. Vehicular traffic; 2. Pedestrian traffic routes & trails including safe routes to school 3. Sewage disposal; conceptual storm water drainage and water supply 4. Parks and open space; S. Parking; 6. Prominent landscaping, buffering, site perimeter and entrance treatment features; 7 les offices S. Retaining wall work in excess of 3 feet in height; 9. Common fencing designs and locations where proposed; 10. Commercial, directional and entrance signage; 11. Street lighting and parkimz lot li htin where a licable; 12. Any other pertinent site development features; (f). Elevation drawings which demonstrate visually the general architectural features of each proposed building or architecturally distinct group or type of buildings Page 3 of 13 and the site perimeter treatment. Note — This may be waived by the zoning administrator on a case specific situation for uses listed below which may include but not limited to: 1. Single family detached housing when the lots equal or exceed the minimum lot size of the underlying zone; 2. Two unit townhouse or duplex development which is alley loaded and the lots equal or exceed the minimum lot size of the underlying zone. (g). The PUD plan shall show the boundary lines of adjacent subdivided or unsubdivided land and the existing zoning of the area proposed for the PUD overlay; (h). A timeline expressing the order in which the development shall occur and estimated time for completing key components or phases; Adequate provision for a homeowners association or other public or private management organization to provide for the operation and maintenance of all private (non -governmental) common facilities including any private streets or alley ways, homeowners parks, club houses, sales offices, open space, trails, recreational facilities and amenities, shared parking facilities, private lighting systems, subdivision entrance signage and common mail receptacles; Adequate provisions shall be made for maintenance of all public common facilities which are developed on public land are not intended to be maintained by the public, i.e. a trail or park but intended to be maintained by a private organization or homeowners association; (k). Where a PUD also involves a subdivision of land, it shall also meet the application requirements of the Kalispell Subdivision Regulations and the Montana Subdivision and Platting Act at the time the preliminaryplat is submitted. (1). For multi -phase projects to be developed over a long period of time or where project components are proposed which may not be built for many years: 1. The first phase of development must complycoMply with the full ,application rocess outlined above. Z. Future phases or major development components may show conceptual street designs, proposed park and open space areas, trail concepts, proposed residential density, housing types (single family, townhouse, apartment, etc), and commercial areas versus detailed lot, block, street and park development and building designs. Based on a finding and associated conditions placed on the PUD at time of approval, the applicant may be required to provide more Page 4 of 13 specific information prior to development of succeeding phases based on one of the following processes: Note: the plannin s� taff, planning board or council at their discretion, may also request additional or more complete information relative to the future phases or components prior to recommending or granting initial PUD approval) (i) A finding that the outstanding items are significant and therefore future phases or components should follow the full PUD application process; (ii) A finding that the outstanding items are generally minor and therefore future phases or components should be reviewed under the conditional use permit process; or (iii)A finding that the outstanding issues are insignificant and therefore future phases or components should be subject to administrative review by the Kalispell Site Review Committee. (iv)A combination of the above provisions. (m). Any other information, plans and details which the city staff, planning board and/or city council may request to fully evaluate the development proposal and its impacts. [4). Review of Application; Upon submission of the application the zoning commission shall review such application based on the following: (a). The compliance of the proposed PUD with the city growth policy and in particular the density and use policies of the plan; (b). The extent to which the PUD departs from the underlying zoning and the reasons why such departures are or are not deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; (c). The extent to which the PUD departs from the subdivision regulations (if subdivision is anticipated) and the public works standards for design and construction applicable to the subject property, the reasons why such departures are deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; (d). The overall internal integrity of the PUD including the appropriate use of internal design elements the use of buffers between different land uses the use of transitions between uses of gLeater and lesser intensity,..., the us e of enhanced design features to provide connectedness for both vehicle andedestrian traffic throughout the PUD and the use of innovative and traditional design to foster more livable nei hborhoods. (e). The nature and extent of the public parrs and common open space in the PUD, the reliability of the proposal for maintenance and conservation of these areas and the adequacy or inadequacy of the amount and function of the parrs and open space in terms of the land use, densities and dwelling types proposed in the PUD; Page 5 of 13 (f). The manner in which the PUD plan makes adequate provision for public services, provides adequate control over vehicular traffic and furthers the amenities of recreation and visual enjoyment; (g). The relationship, beneficial or adverse, of the PUD plan upon the neighborhood in which it is proposed to be established in concert with the underlying zone; (h). In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the PUD; (i). Conformity with all applicable provisions of this chapter. (5). Action by the Zoning Commission. (a). The zoning commission shall hold at least one work session on a proposed PUD plan prior to any public hearing. The work session is intended for information purposes only to inform both the public and the commission about the various aspects of the project. It is not intended to be a public hearing and the commission shall take no formal action on the application. As a courtesy, all adjoining property owners shall be invited to at least one work session. This invitation may be included within the formal public hearing notice or it may be sent separately. (b) The zoning commission shall hold a public hearing on the application pursuant to Section 27.30.030. The zoning commission shall submit its recommendations to the city council. The zoning commission may recommend approval in whole or in part, may recommend modification and can impose conditions which will clarify facets of the PUD, implement city standards, regulations or policy, or serve to mitigate potential negative impacts, or the commission may recommend disapproval. (6). Action by the City Council. The city council shall consider the recommendation of the zoning commission and may affirm., modify or deny the PUD. If the PUD is approved, the applicant shall submit a final PUD in accordance with the conditions of approval as adopted by city council. When the city council approves the PUD, the area of land involved shall be re -designated as a PUD district by ordinance which shall incorporate the final PUD including any conditions or restrictions that may be imposed by the city council and shall constitute the zoning for the district. (7). Preparation and Filing of Final PUD. Upon approval of the preliminary PUD by the city council, the property owner(s) shall proceed with the preparation of the final PUD plan: (a). The final PUD plan shall incorporate all the conditions imposed by the city council at the time of approval of the preliminary plan; Page 6 of 13 a w A w A a w w Y a a A w i i �a ^ WIN ■ w w ■■ ! s ■_ 7 ■ r 11 a big% i a a A A .. i A A is M A 04R, a ■ w •. S w Ai a: r ■ ■ ■■ s s � � rr • ■ r � r fl r b}. The applicant shall submit three signed copies of the PUD, final plan and related documents to the city planning department. Upon approval by the Zoning Administrator, one signed copy of the plan shall be returned to the applicant, a signed copy shall be retained on file in the City Clerk's Office and one signed copy shall be kept on file with the city planning department. (c) Upon receipt of the final PUD plan and related documents by the Planning Department, the city attorney shall prepare a PUD agreement between the city and the developer(s) binding the developer, his successors, heirs and assigns to the terms and conditions of the PUD . (d). The final PUD shall be submitted to the planning office in a timely fashion following approval by the city council but in no case shall a final plat or building permit be issued until the final PUD plan has been submitted and approved and the PUD agreement has been executed; e}. where there is a question concerning compliance with a condition of the PUD, by either the applicant or planning staff, the issue will be forwarded to the next available Kalispell Site Review Committee meeting. If the issue cannot be satisfactorily resolved it shall be forwarded to city council; (f}. Prior to the approval of a final plat or where a subdivision is not involved prior to issuance of a certificate of occupancy or commencement of a use approved by a PUD, when specific aspects of the PUD are not yet completed that are pertinent to the phase or use, the city council shall require bonding or any other appropriate collateral to ensure that all required public improvements or conditions of approval specifically required to be in place prior to final plat, occupancy or commencement of use as appropriate shall be satisfactorily completed in accordance to the approved plans, specifications and time schedule. Page 7 of 13 $}. Limitation on Rezoning. The zoning commission shall not initiate any amendment to the Planned Unit Development before the completion of the development as long as development is in conformity with the approved detailed Planned Unit Development and proceeding in accordance with the time requirements imposed therein by the completion schedule. (9). Amending an Approved Final PUD. Once approved a PUD may be amended by the owner(s). Proposed amendments shall be submitted to the Kalispell Site Review Committee. The committee shall make one of the following findings: 1. The change(s) is deemed minor in scope and may be granted or denied with or without conditions by the Kalispell Site Review Committee or; 2. The change(s) is deemed major, in which case the amendment(s) is forwarded to the city council for consideration and final action. Note: Any action of the Kalispell Site Review Committee is appealable to the city council. (10). Abandonment or Expiration. The zoning administrator shall monitor the PUD for compliance with the completion schedule set forth in the approved development plan and to assure that all improvements have been made in accordance with the approved development plan. The following procedures are to be followed when the PUD fails to comply with the completion schedule: (a). PUD's or portions thereof which do not involve or require a subdivision l . If a PUD project falls out of compliance with its approved completion schedule, notice of noncompliance with the completion schedule shall be delivered in writing to the landowner and/or developer; 2. No..... latter than 30 days after the notice of noncompliance is delivered .e--e,,,..-e) the landowner and/or developer may request from the city council an extension of time. Said request shall set forth a proposed completion schedule and/or new timetable for installation of the improvements. The city council may grant one or more extension but each extension is a matter of grace which, if approved, may be subject to additional conditions imposed by the council which may be deemed necessary to address issues that have arisen due to the lapse in time; 3. Abandonment shall be deemed by the city council to have occurred when the landowner/developer is deemed to be out of compliance with the approved completion schedule and has failed to secure an extension as provided for in (2) above; Page 8 of 13 4. Upon the abandonment of a development authorized under this section, the city council shall direct the Zoning Administrator to do the following: (a) If a portion of the PUD site was developed in accordance with the PUD, the PUD shall stay in force for that portion already developed; (b) For that portion of the PUD which was not developed under the terms of the PUD, the provisions of the PUD shall lapse and the site shall revert back to a PUD Placeholder designation as provided for in 27.21.020 2(b). [b). PUD's which are implemented by or subject to a subdivision application: 1. If the underlying preliminary plat lapses, the PUD conditions of approval for that area shall lapse. (a). In such case the city shall notify the property owner of the lapse of the preliminary plat and associated PUD conditions of approval; (b). The Zoning Administrator shall modify the PUD designation on the official zoning maintaining the underlying zoning classification but classif p�ng,,the property as a PUD Placeholder as provided for 27.21.020 27.21.030: Standards for Planned Unit Development District (PUD). (1). General Standards. (a) Developable area of a PUD shall be defined as all__land that could potentially be available for development including land in existim4 or otential lots streets open ,space and parks. Undevela able area is defined as land within un-buildable areas including land in a 100 year flood lain BPA power line easements wetlands and slo es in excess of 30% (b). Both the permitted and conditionally permitted uses of the underlying zone shall be deemed to be eligible for inclusion as permitted uses in a PUD however not all such uses may be deemed appropriate within the overall design of a particular PUD and maybe limited or modified by the PUD plan. (2). Establishment of PUD Districts. (a). Residential PUD District, 1. Minimum size is two acres including both developable and undevelopable area. For PUD's less than 2 acres in size, a PUD application may be Page 9 of 13 submitted however such site will not be eligible for a density bonus as provided for in table 1 below. 2. A residential PUD district may be established in areas zoned R-1 through R-5, RA-1 through RA-3 and the H-1. 3. housing types within a residential PUD may include single family, duplex and multi family housing arranged in attached, detached, townhouse, apartment or condominium configurations. 4. Residential dwelling unit density: within a proposed residential PUD district residential densities are set forth below: Table 1 PUD Density Allocation n d er1 y in &Res i d ent i al District R-1 District R-2 District R-3 District R-4 District R-5 District RA-1 District RA-2 District RA-3 District H-1 District Max # Dwelling Units/Developable Acre 2 1 dwelling unit 4 3 dwelling unit 6 4 dwelling unit 449-- 7 dwelling unit 4-2 10 dwelling unit 20 10 dwelling unit 3-0 20 dwelling unit 30 20 dwelling unit 30 20 dwelling unit a. Table 1 provides for the maximum # of dwelling units per developable acre. Developable acres is based on land in developable area and excludes undevelopable land as defined in 27.21.030 (1(a)) above; b. PUD's are not entitled automatically to the maximum dens,ity allowed - in table 1 above. Densit shall be established based upon : (1) An analysis of the environmental factors affecting the land, (2) Com atp ibility with surrounding land uses and impact on adjacent neighborhood, (3) Availability of public infra -structure and services. (4) Consistency with the Kalispell Growth Policy. c. Residential densit bonuses: The maximum PUD residential densitprovided for in Table 1 ma be increased in the followin C!;t„ a t;nriQ- Page 10 of 13 (1) jjp,._to a 20% increase in residential units for ro'ects which exceed the minimum ark and open sace requirements as follows: a. A 5 % increase in density for each 10% increase over and above the minimum required developed ark lands. b. A 5% increase in density for each 10% increase of open space over and above the minimum park land requirement. (2) Up to a 20% bonus density (at a rate of two additional housing units for each affordable unit created) for projects which advance long term work force housing o-pportunities (rental or owner occupied housing available to people earning 80% of median income). For lots/units to be eligible they must be associated with such organizations as Habitat For Humanity, a local housing authority, a single or multi -county housing assistance organization or an incorporated land trust. 5. Commercial uses and their associated parking may be allowed in a residential PUD district, provided: (a). Lots devoted to commercial uses and their associated parking shall not occupy more than 10% of the developable land area of the PUD district; (b). Commercial uses shall be so located, designed and operated as to serve primarily the needs of persons within the district and secondarily persons residing elsewhere; (c). The acreage proposed for commercial use and its parking shall be excluded from the gross acreage when computing total allowable dwelling units. G. Residential park/open space requirements: (a) The minimum park land required is based on a ratio of .03 acres per residential unit. Residential units are defined as both owner and renter occupied units and includes single family and multi -family attached and detached construction but specifically excludes licensed retirement, assisted living or nursing home units. (b) Lands considered undevelopable as provided for in 27.21.030 (1(a)) shall not be considered as meeting the minimum park land and open space requirements. Page 11 of 13 (c) The applicant shall submit a plan for development of each of the park areas. The approved plans shall be fully implemented by the applicant. (d) In addition to developed park lands, the PUD shall incorporate open space features, where and when appropriate to enhance the overall development, to serve as a necessary noise or visual barrier or to protect sensitive areas such as stream setbacks, flood plains, areas of steep slopes or other fragile areas. (e) The first 20 feet of width of a required pedestrian trail system (trail and associated easement) shall be considered a transportation facility and shall not be counted towards any open space of park land requirement. (b}. Commercial PUD District. 1. Minimum size is two acres of develo-pable area. 2. A commercial PUD district may be established in areas zoned B-1 through B- 5 P-1 and H-1. Industrial PUD District. 1. Minimum size is two acres of developable area. 2. An Industrial PUD district may be established in areas zoned I-1, I-2, P-1 and B-5. (d). Residential Mixed Use PUD. 1. The minimum size is 5 acres of developable area. 2. A residential mixed use PUD may be established in areas zoned R-1 through R-5, RA-1 through RA-3, B--1, P-1 and H-1; 3. The predominant land use character of the PUD must be residential; commercial uses should primarily be sized and located to address the needs of the immediate neighborhood. 4. The residential uses and densities appropriate to a Mixed Use PUD are the same as those permitted in a Residential PUD; 5. Commercial uses appropriate to a Mixed Use PUD are the same as those permitted in a Commercial PUD; 6. Incompatible industrial and commercial uses are not permitted; Page 12 of 13 7 . The combined area of all commercial/industrial lots cannot exceed 3 5 % of the developable area. Non -Residential Mixed Use PUD. 1. Minimum size is two acres of developable area. 2. A nonresidential mixed use PUD may be established in any zoning district which would allow a commercial or industrial PUD. 3. Uses allowed under either a Commercial or Industrial PUD are allowed. Page 13 of 13 PLANN[Nt'i TQR THE FUTURE :�0��`A�TA •� July 28, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 x-.Lanning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758 -7739 www.kal,*ispell.com/.-Plannl.n Re: Kalispell Zoning Ordinance Text Amendment -Revisions to Chapter 27.21 Planned Unit Development districts (PUD). Dear Jim: The Kalispell City Planning Board met on May 13 to consider a proposal to significantly edit and update the Planned Unit Development (PUD) standards of the Kalispell Zoning Ordinance. The revisions were prepared by the planning staff as part of the overall staff review and update of the Kalispell Zoning Ordinance. Torn. Jentz of the Kalispell Planning Department, presented staff report #KzTA--07--4A evaluating the revisions to the PUD regulations and recommended approval of the proposal. One letter of support for the amendments was received and Mayre Flowers, speaking on behalf of Citizens for a Better Flathead provided a considerable amount of testimony asking for modifications to the changes. After significant deliberation, the planning board tabled the amendments until the June 10 planning board meeting. By way of background, in 2007 the planning board held 3 workshops, forwarded a draft set of PUD regulations to all surveyors, engineers and planners and tl:aE.en held a public hearing on October 9, 2007. The planning board forwarded a recommendation to the council to approve a series of amendments to the PUD section of the zoning ordinance. At a council work session in November, and subsequent city council action, the PUD revisions were sent back to staff for consideration of a series of issues raised by the public. The significant changes to the PUD ordinance leading up to the May 13 planning board hearing were as follows: 1. Eliminating the requirement that a PUD be limited to a single owner or that it be under single ownership. 2. Developing 2 levels or choices of application method; a full PUD application as used now and a PUD Placeholder application where an applicant would bind themselves to using the PUD process but not provide any application materials at this time. 3. Requiring a pre --application meeting prior to submission of an application and a work shop open to the public prior to the planning board hearing. 4. Revising the application materials that should accompany the application to better reflect the needs of the city. 5. Revising the abandonment process to practically create a way to sunset PUD projects that have been abandoned. Zoning ordinance Text Amendment - PUD revisions June 23, 2008 Page 2 6. Reducing the density bonus in some residential districts to bring them closer into alignment with the underlying residential zone density. 7. As an alternate, providing density bonuses for increased parkland and open space and for the provision of affordable housing. At the May 13 planning board hearing, one letter of support for the changes was received from Eric Mulcahy, Sands surveying. Mayre Flowers representing Citizens for a Better Flathead did state that they supported some of the changes but that they did not go far enough in meeting the changing development pressures in the city. As a result of testimony at the May 13, 2008 planning board hearing, a series of modifications were made to the draft and presented to the planning board at its June 10 session. Those changes are as follows: • Page 3 under Section 27.21.020 (3A) added storm water features as a required element to be shown on the proposed PUD plan. • Page 3 under Section 27.21.020 (3e) added pedestrian traffic routes and trails including safe routes to school, club houses and sales offices as additional criteria to be shown in the PUD submittal. • Page 3 under Section 27.21.020 (1) added a requirement that the first phase of development must comply with all aspects of these PUD regulations. • Page 7 under Section 27.21.020 (7b) deleted a reference to a certification that needed to be placed on the face of the final PUD documents and instead added a subsection (c) which requires the applicant to enter into a PUD agreement between the city and the developer(s), his heirs or assigns. Note that this is the practice that has currently been used and is recommended by the city attorney. • Page 8 amended Section 27.21.020 (10(a2)) to require that a developer must contact the city and ask for an extension within 30 days notice by the city that their project has fallen out of compliance. • Can page 9 under Section 27.21.030 (1a) removed "the land within a stream bank setback" from. the "undevelopable" category for the purpose of determining the ultimate density on the site. On page 11, under Section 21.21.030 (4(c2)) added the term "which will insure lon terra. affordabili " to the list of agencies to ensure that affordable housing would stay affordable for the long term.. On page 12 subsection. 3, the following section was modified to ensure that commercial activity within a residential mixed -use PUD would be predominately neighborhood oriented in scale. "The predominant land use character of the PUD must be residential; commercial uses should primarily be sized and located to address the needs of the immediate nei hborhood" A -notion was made and passed on a 6-0 vote to recommend to the Kalispell City Council that the Kalispell zoning Ordinance PUD draft amendments dated June 10, 2008 be amended as proposed. Please schedule this -natter for the August 4, 2008 regular Kalispell City Council meeting. You may contact this board or Tom Jentz at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board 7 q Bryan H. Schutt President BS/TJ/ma Attachments: Staff report #KZTA-07-4A and application materials Draft minutes 5-13--08 8, C-10--08 planning board meetings Comments from Citizens for a Better Flathead including the Pitkin County, Blaine County and City of Bozeman PUD regulations. Letter From Eric Mulcahy, Sands Surveying c w/ Att.- Theresa white, Kalispell City Clerk CITY OF AT,ISPELL •-- PLANNED UNIT DEVELOPhIENT STANDARDS KALISPELL PLANNING DEPARTMIEN ' STAFF REPORT #KZTA-07-4A MAY 13, ZOOS This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Zoning Ordinance to revise the Planned Unit Development section of the ordinance. A public hearing was held before the plannmg board on October 9, 2007. Tie planning board forwarded a rec oTnmendation to approve a series of amendments to the PUD section of the zoning or( -Finance. At a council workshop in November, and subsequent city council action, the PUD revisions were sent back to staff for consideration of a series of issues raised by -the public. 'Those issues have been addressed and revisions have been proposed. A �ew public hearing before the planning board is now scheduled for May 13, 2008 be _;anni_ng at 7:00 PM in the Kalispell City Council Chambers. The Planni g Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The City of Kalispell is proposing to amend the Planned Unit Development section of the Kalispell Zoning Ordinance for the purpose of updating standards and provisions of this section, providing several different streamlined application, processes based on the scale and phasing of projects, improving the abandonment procedures, strengthening the application submittal requirements and generally striving to achieve a more user friendly document on the part of the staff and the public. A. 'Petitioner: James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 (406) 758--7703 B. Area Effected by the Proposed Changes: Any area within. the Kalispell zoning jurisdiction could be affected by these proposed standards. C. Proposed endments: Attached Exhibit A includes the modified PUD draft ordinance. Note that this version contains strife outs (deleted language) and underlines (giddied. language) based on changes made since the previous public Bearing and council review in November, 2007. The essence of the proposed text amendments made since the last public Bearing are as follows: 1. Eliminating the requirement that a PUD be limited to a single owner or that it be under single ownership and requiring all owners of the PUD to sign the application or give a letter of support, 2. In November staff had proposed a full application. PUD as has always been provided in the PUD regulations as well as 2 other alternatives. Page 1 of 5 • The first was a placeholder PUD application which would bind an owner to using the PUD process and label the property as a PUD but the owner would not provide any application materials at this time nor could he develop his property in any manner until a full PUD application was submitted and approved. This provision has been maintained in this draft. The second provision was called a concept PUD application which would alloy an individual to submit a PUD with a conceptual road alignment, densities, uses and park lands plan. This would alloy master plann n g of larger tracts of land without the problem of giving site specific designs for every aspect of a development years in advance of when they will be built. The applicant would have to provide a full PUD application for each phase as the phases were developed. This concept was deleted at the direction of the council. 3. Adding a planning board and council review criteria for assuring that there is internal integrity of design in the PUD. This would include assuring that there are good design features within the development including streets and street design that fit with the proposed land uses, that there are transitions and buffers between different densities and intensities of uses, that pedestrian access has been accounted for, that sign.age, fencing and lighting is well thought out, etc. 4. Defining what developable area is within. a PUD and not allowing densities to be based on undevelopable lands such as flood plains, wetlands, water bodies, B PA power easements, etc. 5. Generally reducing the allowable residential density allowed outright for each zone and then adding density incentives for affordable housing and additional open space and developed parklands. 5. Allowing PUD's to occur in P-1 (public) zones. D. Staff Discussion: The current PUD regulations were drafted in 1993 during a time when PUD's were not being submitted to the city with any degree of regularity.Today, 15 years later, it is the development method of choice. Unfortunately the regulations have not been updated to reflect current development trends nor has there been any recent attempts to improve its usability. Both staff and the public have agreed on the need to bring the regulations up to date. and in line with current development and review procedures. Staff has held two work sessions with the planning board prior to the plann i rig board public hearing. In addition., the document has been on the city web site for two months during this process and a draft has been forwarded to the local engineering and surveying offices for comment. Page 2 of 5 EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M. C.A. Findings of Fact for the zone change request are discussed relative to the itemised criteria described by 76-2-203, M.C.A. 1. Does the requested gone com I with the growth olio ? The growth policy generally anticipates use of development standards that will conserve and protect the quality of life of the citizens of its com=unity. Recommendation 13 ffi states "Increase the use of the Planned Unit Development zoning overlay process for mix -use development and other large or complex land projects." The PUD standards being proposed are specifically crafted to further this goal and recommendation thus the proposed amendment will generally promote the goals and objectives of the growth policy plan. 2. Is the requested zone desi ed to lessen congestion in the streets? The proposed PUD amen will improve the efficiency with which PUD's are administered and reviewed. PUD projects by their very nature are designed to allow the local governments to mitigate the impacts of the particular development proposed. Traffic flow, traffic generation, road c g capacity and intersection design are all key components of the PUD review process and are being enhanced by the amendments proposed. 3. Will the requested zone secure safety from fire, panic, and other dangers? The proposed amendments would allow the PUD application, review and administration processes to flow much better for the city and for the development community. The very nature of the PUD process ensures that there would be no compromise with regard to public safety. 4. will the reciucsted change romote the health and aeneral welfare? The general health and welfare of the public will be promoted by creating a more usable PUD process which will ensure that more complex projects have a better opportunity to receive more thorough staff, pl ' g board and council review and at the same time offering the development community more options with which to proceed. 5. will the requested zone provide for ade uate light and air? The PUD process allows for a much more specific and deliberate review process and creates situations where individual issues can be identified that i�a.' ght Emit the provision of adequate light or air, shading, etc. The PUD also alloys a mechanism to mitigate negative issues when. identified. Page 3 of 5 W 7. OJ Will the re nested zone revent the overcrowding of land or undue concentration of people? The proposed changes include a recommendation to slightly reduce the potential density allowed in various residential zones thus further preventing the overcrowding of land and limiting the undue concentration of people. In addition., the m � Y mum. amount of developed parkland and open space is being defined to further limit the potential for overcrowding of sites. Will the reguested zone facilitate the ade uate provision of transportation, water, sewerage schools arks and other ublic re uirenl.erlts? The amendments would assist in making the PUD process more desirable for the development community. The PUD process as mentioned above creates a greater opportunity for local government to identify areas of concern including the inadequate provision of water, sewer, schools, parks or other public improvements and at the same time creates the vehicle to require mitigation of the negative impacts. Does the reguested zone 've consideration to the particular suitabihly of the property for particular uses? The PUD standards by their very nature work to create and ensure compatibility and suitability with the site by allowing a project to be designed with the potentials and limitations of the site in immediate perspective. Does the reuested zone gLve reasonable consideration to the character of the di,R rict'? The PUD amendments proposed and the PUL review process whereby the development is before approvals are granted or construction that the character of the district and the n through good design and mitigation of negat not be approved. regulations themselves create a crafted and portrayed in detail proceeds. The process ensures .. hborhood be protected either ve impacts or the project would Will the proposed zone conserve the value of buildings? The PUD amendments will alloy the PUD process to proceed much smoother. The purpose of the PUD process is to create a forum whereby impacts to e: idsting development is protected whether through good design or project ncvtigation. to ensure that the surrounding neighborhood remains vital. The .building values will be conserved by promoting and encouraging reasonable standards within these districts. These amendments will conserve the value of buildings. Page 4 of 5 11. Will the re nested zone encourage the most Uprolpriate use of the land throw hout the iurisdiction? The most appropriate land uses throughout the Jurisdiction are promoted by encouraging reasonable design standards that promote the general Drell -being of all citizens of the cones aunity. These changes will encourage a greater use of the PUD process which will allow a forum for the planning n i n g and design of more appropriate land uses throughout the pl g jurisdiction. P"OATION Staff recommends that the Kalispell City Pl g Board adopt the findings in staff reloort =A.-07-4A and recommend to the Kalispell City council that the proposed ainend.ments to the Planned. Unit Development standards be adopted as shown on attached Exhibit A. TJ Page 5 of 5 Planning Department _ I�_ _ 11111,1411;11_1► 1 u- To: Kalispell City Planning Board From: Tom Jentz, Director Date: June 3, 2008 Subject: PUD Amendments — old Business - Adoption A second public hearing was held before the planning board on Tuesday May 13, 2008 on the proposed amendments to the PUD regulations. One letter of support for the amendments was received and Niarye Flowers, speaking on behalf of citizens for a better Flathead provided a considerable amount of testimony asking for modifications to the changes. After significant deliberation., the plarLn;ng board tabled the amendments until the dune 10 planning board meeting. By way of background, a public hearing was held before the planning board on October 9, 2007. The planning board forwarded a recommendation to the council to approve a series of amendments to the PUD section of the zoning ordinance. At a council work session in November, and subsequent city council action, the PUD revisions were sent back to staff for consideration of a series of issues raised by the public. Those issues were addressed and revisions had been proposed for the May public hearing. As a result of the May public hearing and discussion from the planning board several more changes have been. incorporated. They are as follows: • Page 3 under Section 27.21.020 (3A) we have added storm water features as a required element to be shown on the proposed PUD plan. • Page 3 under Section 27.21.020 (3e) we have added pedestrian traffic routes and trails including safe routes to school, club houses and sales offices as additional criteria to be shown in the PUD submittal. • Page 3 under Section 27.21.020 (1) we have added a requirement that the first phase of development must comply with all aspects of these PUD regulations. • Page 7 under Section 27.21.020 (7b) we deleted a reference to a certification that needed to be placed on the face of the final PUD documents and instead. added a subsection (c) which requires the applicant to enter into a PUD agreement between the city and the developer(s), his heirs or assigns. Note that this is the practice that has currently been used and is recommended by the city attorney. • Page S we amended Section 27.21.020 (10(a2)) to require that a developer must contact the city and ask for an extension within 30 days notice by the city that their project has fallen out of compliance. On page 9 under Section 27.21.030 (1a) we removed "tree land within a stream bank setback" from. the "undevelopable" category for the purpose of dete g the ultimate density on the site. +� On page 11, under Section 21.21.030 (4(c2)) we added the term. "which will insure long term affordabih to the list of agencies to ensure that affordable housing would stay affordable for the long term. • On page 12 subsection 3, the following section was modified to ensure that commercial activity within a residential mixed -use PUD would be predominately neighborhood oriented in scale. "The predominant land use character of the PUD must be residential; commercial uses shouldpnmgjily be sized and located to address the needs of the immediate neighborhood" RECONBMNDATION: Staff recommends that the planning board review the proposed amendments made by staff to the draft PUD ordinance. Once the planning board is satisfied with theses and any other amendments proposed, staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZT'.A.-07-4A and recommend to the Kalispell City Council that the proposed amendments to the Planned Unit Development standards be adopted as shown on the attached "Draft prepared for the June 10 Planning Board meeting". SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 April I I, 2008 Kalispell City Planning Board 201 First Avenue East Kalispell, MT 59901 RE: PUD Section Text Amendments Dear Planning Board Members: D ECEIV DMAY 0 9 2008 KALISPELL PLANNING DEPARTMENT I would like to go on record as supporting the proposed PUD Text amendments. There are some new concepts being proposed and some of the changes reflect current policy decisions of the City. The proposed addition of a Placeholder PUD Application provides a vein -win for the developer and the City. By allowing for a Placeholder, the developer has some level of confidence that they will be able to work with the City to achieve flexibility in zoning and produce a creative project. The City has the ability through the Placeholder to condition any initial zoning or zone change to the PUD requirements and all of the associated information needed to provide a full application in the future. The incentives of providing additional density for expanding the required open space and/or providing and affordable housing component are also good and tested methods of implementing the goals of the City. The City of whitefish has had a PUD incentive for affordable housing on the books for about five years. This incentive has been popular with a number of developers and there are a number of preliminary plats in place that carry affordable housing commitments either through actual units or cash -in -lieu payments to the Housing Authority. My one concern with the proposed text amendment is the exclusion of allowing floodplain areas along creeks or rivers to count as open space. In the past, when developers could count the setting aside floodplain areas for open space, they viewed this as an incentive to provide public use of these areas. If their is not an incentive to provide public use, i.e. trails, then the developers will just maintain the floodplain as private open. space. As a resident of the City of Kalispell, my family enjoys walking or riding our bikes along the existing water front parks such as Lawrence Parks Dry Bridge Park, and Woodland Park. why would the City not want to expand this great water front park system? Not all parks have to be flat open fields of manicured grass. Natural parks with public trails are just as important to this community that enjoys the environment in which we live. One last item I would like to address is the view that there is a general lacy of support for these PUD changes. As with most projects the City works on, it is usually the people with the ax to grind that show up for the public meetings. Just because people and particularly the development co m aunity are quiet on a particular issue does not mean that there not support for this issue. The development community engages the Planing Board and City Council on a regular basis with their projects so getting there to turn out for an evening to support a text proposal is usually a tough sell. We at Sands Surveying appreciate all the time you, the Planning Board, the staff and the Council members put into these items. Thank you for your consideration. Professionally; Eric H. Mulcahy, c y, AICP Sands Surveying, Inc. MEMORANDUM TO: KALISPELL CITY PLANNING BOARD FROM: CITIZENS FOR A BETTER FLATHEAD SUBJECT: PROPOSED CHANGES TO THE PLANNED UNIT DEVELOPMENT STANDARDS DATE: 5/28/08 CC: Note: This memo summarizes oral testimony given at the public hearing on this matter on May 13, 2005. CBF in addition to specific comments regarding the proposed new PUD regulations CBF raised the following overall concerns: ■ We believe that the revisions of the PUD regulations are a major policy decision of importance to the residents of Kalispell as this is the zoning being used by most medium to large scale developments conning into the city or as your Planning Director reported some 60% of developments in the city. PUD's traditionally provide a developer greater density and some flexibility in compliance with other regulations, but in return are also intended to provide the community at large greater public benefits in open space and parks, neighborhood -friendly design features and often affordable housing. CBF believes that it is essential that these revised PUD regulations provide for significant public benefits. This planning tool should be a win -win for the developer and the community. ■ At the October 9, 2007 public hearing on the proposed PUD regulations and again at the April 3, 2008 planning board work session, CBF presented detailed written public comment including sample PUD regulations from other counties in the west for review by the board in their consideration of updating the City's current regulations. At the October 9, 2007 workshop due to the late hour of the hearing---10:30 ptn-- little discussion or review of the information submitted occurred and at the .April 3 d workshop little to no discussion of the PUD changes proposed were discussed due to a low board turnout and the meeting adjourned early. On both occasions we recommended that the board take time to review this information and particularly information from other communities and adapt ideas that fit for our area. We were disappointed to learn at the May 13, 2008 public hearing the comments we had submitted on .April 3rd were not part of the board packet and that no planning board members had copies for the discussion and consideration that evening. ■ We urged the board to take time to go line by line through the sample policies we had provided and consider the application of these in Kalispell where appropriate. We offered to provide more detailed comment on the sections we thought should be considered for inclusion in the new Kalispell Policy. (We have provided a summary of these with this packet) ■ We appreciate that the board referred consideration of these prior comments and our additional comments at the May 13"' hearing. We also appreciate the request for this written summary of our oral comments at the May 13'h hearing. ■ At the May 13thmeeting we commented first on Staff Report KTZA-07w-4A and then on the revised draft text..A summary of our oral comments are embedded in bold italic in these documents attached below. CITY OF KALISPELL -- PLANNED UNIT DEVELOPMENT STANDARDS KALISPELL PLANNING DEPARTMENT STAFF REPORT #IZTA-07-4A MAY 13, 2008 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Zoning Ordinance to revise the Planned Unit Development section of the ordinance. A public hearing was held before the pl,,-m rig board on October 9, 2007. The planning board forwarded a recommendation to approve a series of amendments to the PUD section of the zoning ordinance. At a council workshop in November, and subsequent city council action, the PUD revisions were sent back to staff for consideration of a series of issues raised by the public. Those issues have been addressed and revisions have been proposed. A new public hearing before the p1a�nn4ng board is now scheduled for May 13, 2008 beginning at 7:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION The City of Kalispell is proposing to amend the Planned Unit Development section of the Kalispell Zoning ordinance for the purpose of updating standards and provisions of this section, providing several different streamlined application processes based on the scale and phasing of projects, improving the abandonment procedures, strengthening the application submittal requirements and generally striving to achieve a more user friendly document on the part of the staff and the public. A. Petitioner: James H. Patrick, City Manager City of Kalispell 2 P.O. Box 1997 Kalispell, MT 59903 (406) 758-7703 S. Area Effected by the Proposed Changes: Any area within the Kalispell zoning jurisdiction could be affected by these proposed standards. C. Proposed Amendments: Attached Exhibit A includes the modified PUD draft ordinance. Note that this version contains strike outs (deleted language) and underlines (added language) based on changes made since the previous public hearing and council review in November, 2007. The essence of the proposed tee amendments made since the last public hearing are as follows: 1. Eliminating the requirement that a PUD be limited to a single owner or that it be under single ownership and requiring all owners of the PUD to sign the application or give a letter of support. This issue should be reviewed by the county attorney to insure that wording is retained that inures that all property owners current and future are bound by the terms of this PUD and the procedures for amending it. The City has copies of testimony that use presented at the hearings on the Glacier Town Center PUD where the City Attorney from Ames, Iowa raised concerns over that city's ability to enforce agreements with Wolford and future owners of the development if clear legal wording was not added to the agreements to address this. We ask that the Kalispell City Attorney address this issue and ,provide wording that will under these new regulations ---perhaps as a condition appearing on the plat ---that hinds each owner --current and future ---to the terms of the PUD. Additionally we ask that the ,provision in the current PUD regulations be carried forward that calls for the city attorney to review PUD agreements than propose development over a period of years to assure the sufficiency of the terms of the agreement. This regulation is at 27.21. 020 ,page 59. 2. In November staff had proposed a full application PUD as has always been provided in the PUD regulations as well as 2 other alternatives. • The first was a placeholder PUD application which would bind an owner to using the PUD process and label the property as a PUD but the owner would not provide any application materials at this time nor could he develop his property in any manner until a full PUD application was submitted and approved. This provision has been maintained in this draft. CBF supports this placeholder PUD provision. 3 • The second provision was called a concept PUD application which would allow an individual to submit a PUD with a conceptual road alignment, densities, uses and park lands plan. This would allow master p II elkg of larger tracts of land without the problem of giving site specific designs for every aspect of a development years in advance of when they will be built. The applicant would have to provide a full PUD application for each phase as the phases were developed. This concept was deleted at the direction of the council. CBF stro rig ly supports the deletion of the concept PUD, as the detail information needed for an adequate public process to review decisions of this magnitude would not be available. We oppose the reinsertion of almost identical language, however under 3.L on page 4 of 12 of the -Draft ft regulations attached to this staff report. Phased projects as the city is seeing for development that will occur for so24 to 30 year guild out period have inherent problems of being speculative in mature and of locking in patterns of growth that may not be appropriate in twenty years. A better solution and tool is needed to address projects with long build out time frames* 3. Adding a planning board and council review criteria for assuring that there is internal integrity of design in the PUD. This would include assuring that there are good design features within the development including streets and street design that fit with the proposed land uses, that there are transitions and buffers between different densities and intensities of uses, that pedestrian access has been accounted for, that signage, fencing and lighting is well thought out, etc. Support need for this ---important. 4. Defining what developable area is within a PUD and not allowing densities to be based on undevelopable lands such as flood plains, wetlands, water bodies, BPA power easements, etc. Support need for this —important. 5. Generally reducing the allowable residential density allowed outright for each zone and then adding density incentives for affordable housing and additional open space and developed parklands. Support need for this ---important. 6. Allowing PUD's to occur in P-1 (public) zones. 0 We would like to see :additional review/explanation of this and would Tire to see aaldittonal review of this particularly as it relates to State lands and the potential conversion of public lands to non -pub tic purposes. Additional general comments: On site, pudic notice should be required to be posted at the time of pre -application meeting with planning office. with neighbors to project and others organizations with general interest in such projects should be scheduled prior to application. Missoula does this and .Flathead County subdaivision regulations now callfor for this. • Pump houses, lift f t stations and other such public infrastructure uses should not be allowed in park areas and this space counted toward meeting park requirements as was done in Both Glacier Town Center and Starling PUDs. D. Staff Discussion: The current PUD regulations were drafted in 1993 during a time when PUD's were not being submitted to the city with any degree of regularity. Today, 15 years later, it is the development method of choice. Unfortunately, the regulations have not been updated to reflect current development trends nor has there been any recent attempts to improve its usability. Both staff and the public have agreed on the need to bring the regulations up to date and in line with current development and review procedures. Staff has held two work sessions with the planning board prior to the planning board public hearing. In addition, the document has been on the city web site for two months during this process and a draft has been forwarded to the local engineering and surveying offices for comment. See our prior comments on page one of these comments regarding inadequacy of planning board work sessions on this topic and inadequacy o, f consideration o, f comments to mate. We would request when documents such as this are forwarded out to the development community for comment as noted above was done that our organization also be afforded this notice. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76--2-203, M.C.A. See our additional comments within the abaft on the proposed .l''UD text. 1. Does the requested zone comply with the growth olio ? The growth policy generally anticipates use of development standards that will conserve and protect the quality of life of the citizens of its community. Recommendation 13 (� states "Increase the use of the Planned Unit Development zoning overlay process for mix -use development and other large or complex land projects." The PUD standards being proposed are specifically crafted to further this goal and recommendation thus the proposed amendment will generally promote the goals and objectives of the growth policy plan. 2. Is the requested zone desx ed to lessen congestion in the streets? The proposed PUD amendments will improve the efficiency with which PUD's are administered and reviewed. PUD projects by their very nature are designed to allow the local governments to mitigate the impacts of the particular development proposed. Traffic flow, traffic generation, road carrying capacity and intersection design are all key components of the PUD review process and are being enhanced by the amendments proposed. 3. Will the requested zone secure safety from lire, panic, and other dangers? The proposed amendments would allow the PUD application, review and administration processes to flour much better for the city and for the development community. The very nature of the PUD process ensures that there would be no compromise with regard to public safety. 4. will the reguested char e romote the health and general welfare? The general health and welfare of the public will be promoted by creating a more usable PUD process which will ensure that more complex projects have a better opportunity to receive more thorough staff, planning board and council review and at the same time offering the development community more options with which to proceed. 5. will the reguested zone provide for adequate light and air? The PUD process allows for a much more specific and deliberate review process and creates situations where individual issues can be identified that might limit the provision of adequate light or air, shading, etc. The PUD also allows a mechanism to mitigate negative issues when identified. 6. will the re guested zone prevent the overcrowding of land or undue concentration of people? 6 The proposed changes include a recommendation to slightly reduce the potential density alloyed in various residential zones thus further preventing the overcrowding of land and limiting the undue concentration of people. In addition, the mini rn um amount of developed parkland and open space is being defined to further limit the potential for overcrowding of sites. 7. will the re nested zone facilitate the ade uate provision of transportation, water sewerage, schools, ---arks and other ublic re qulrements P. The amendments would assist in making the PUD process more desirable for the development community. The PUD process as mentioned above creates a greater opportunity for local government to identify areas of concern including the inadequate provision of water, sewer, schools, parks or other public improvements and at the same time creates the vehicle to require mitigation of the negative impacts. 8. Does the requested zone ,give consideration to the particular suitability of the property for particular uses? The PUD standards by their very nature work to create and ensure compatibility and suitability with the site by allowing a project to be designed with the potentials and limitations of the site in immediate perspective. 3. Does the requested zone give reasonable consideration to the character of t1l P, C 7 Strictf) The PUD amendments proposed and the PUD regulations themselves create a review process whereby the development is crafted and portrayed in detail before approvals are granted or construction proceeds. The process ensures that the character of the district and the neighborhood be protected either through good design and mitigation of negative impacts or the project would not be approved. 10. will the ro osed zone conserve the value of build* s? The PUD amendments will allow the PUD process to proceed much smoother. The purpose of the PUD process is to create a forum whereby impacts to existing development is protected whether through good design or project mitigation to ensure that the surrounding neighborhood remains vital. The building values will be conserved by promoting and encouraging reasonable standards within these districts. These amendments will conserve the value of buildings. VA 11. Will the requested zone encourage the most appropriate use of the land throughout the Jurisdiction? The most appropriate land uses throughout the jurisdiction are promoted by encouraging reasonable design standards that promote the general well-being of all citizens of the community. These changes wiH encourage a greater use of the PUD process which will alloy a for -urn for the planning and design of more appropriate land uses throughout the planning jurisdiction. Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA- 07-4A and recommend to the Kalispell City Council that the proposed amendments to the Planned Unit Development standards be adopted as shown on attached Exhibit A. TJ Draft Prepared for May 13 Planning Board public hearing CHAPTER 27,21 PLANNED UNIT DEVELOPMENT DISTRICT (PUD) Sections: 27,21,010 Intent 27.21.020 General 27,21.030 Standards for Planned Unit Development District (PUD) 27.21.010: Intent. A planned unit development district shall serve as an overlay zoning district. It shall function in concert with one or more of the underlying zones to provide a comprehensive, integrated development plan which will serve to modify the underlying zone and, where P appropriate, subdivision standards with the intent of providing flexibility of architectural design and density as well as providing the option to mix land uses and densities while preserving and enhancing the integrity and environmental values of an area. 27.21.020: General. The following application and review procedures shall apply to designation and approval of all planned unit developments in the city. (1). Initiation of Application: The land owner(s) or land owners') designee shall schedule a pre -application meeting with the planning department prior to official submission of a PUD application. The PUD application shall be submitted on a form provided by the city. where multi le owners of the,.property or properties exist all owners shall either sin the application or submit a letter of consent authorizing submission of the PUD application. City attorney should review what provisions are needed to address a situation where one owner chooses to withdraw or when separate owners fail to agree on the PUD terms or when applicants are annexed but city and applicant cannot reach agreement on a proposed PUD. (2). PUD Application Thresholds: It is anticipated that PUD applications will be submitted in one of two forms, a PUD full application meeting all the requirements of this section and a PUD Placeholder application which serves as a place marker for a future ... . .... .. PUD application. Withme .. ariYz P�JD applicatlon It : possible: to incorporate oz or boil a of the -:categories listed belbW: CBF does not support without further explanation and justification allowing both categories of PUD to be part of one application. This defeats the ability to review and comprehensively plan for the property, as a whole, and to consider potential cumulative impacts. Does any other community in the west use this type of PUD process? Where is this proposed model drawn from and is it being successfully used elsewhere? .mow does the city reasonably plan for services ---sewer, water, roads, police, and fire by encouraging extensive open-ended annexation of property for which no plan is proposer. How is annexed property like this taxed and when does property like this pay taxesfor .zoned but un b wilt uses? (a). PUD Full Application -- This application will be processed in accordance with the full provision of this chapter and will 9 require the submission of all application materials required in Section (3) PUD Application Materials below. (b). PUD Placeholder Application - This submittal typically is involved with annexation and initial zoning or a rezoning in which the applicant requests a PUD designation noting the applicant's intent to develop a PUD and enter into a development agreement with the city, binding the property to a future PUD application but not providing any application materials or development plan nor receiving any entitlements other than a commitment between the city and the applicant that if development is to proceed it will be done via the PUD process. Prior to development of the PUD the applicant would proceed using the full PUD application process. While we understand the Placeholder PUD is an attempt to encourage properties adjoining the city to develop to city standards so as to encourage orderly future growth, we have concerns that in Montana law there is no recognition of ` a PUD or the process of granting "temporary zoning" that must he replaced with a PUD overlay. If a developer choose not to proceed with a PUD does the city have firm legal recourse to require it? ■ / � . w r r r a si r + r w ■ w R w r w+ ■ lir■ V ■ r ■V1 V •M Ab lip■ i i ■ r i ■ r r w f w .. w a r� i ■ • w ■ w 1 � S i w / A# w it • - ■ i MA A r r rr a ! r a r r! 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RR ! s# ■ r w a . w r IS + r a+ r+ r . r . ■ 41FmAq1l 41111141@wWILMrAqEgWAtilllMMMMw i w • s s r r r A A A !PhA,'4mXW M NO IL ill r■ A a■ r r r a r/ r ■ ■ RR ! ■ ■ r. A rrA ■■ r+ r ■ ■ I./ r - i w r. r w ■ rA ftAk. "14.9h r■ ■■ i w A ■ w i ;a r rar + r ■ r r r a a ■ ■ i ■ w ■R ■ ■ i W-0 OF -AM ■ 9 WA i • q■ r w A .► A A w w - A A w A wvoi w A r! rrM RR1 16141wWINIR 111IF V 1I NLvWAF II flAft Wit• ■ ■ ■R r r- ■ A • A w A w ! w�AA A w + w A r ■ w r r . ■ ■ t■ ■ r III, ilk lidil mil MMefjPILqlkqgr r ■ rw ■ ■f► s Will ■■ r ■ ■ r r ■ WIN. ~0 rR • H ■ * ur ■r �10■ ■rr I I • ■ ■ ■R / ■ wr A! i +• •. w 1► . w► w ■ �■ll "I'l�o IIIIIIIIIIIIIItip qI.fL-mL-pkvm simp 9p Rest■ ■ ■ w A ■ti w w r■ . r w a . a .■ r► rR ■ � r A .O.A.L..! ■Ill illillilillivIllol!llllr■ ■ �+ + w. w! Al, r a ■ ■ w w ■ ■R / ■ lw— r ■ i w w! - A ■ ■ k*.- - R - . .. ■ w r. ■ ■ r ■ . RUN r. r w w w .. ■ 11 [3). PUD Application Materials. The full PUD application submittal shall contain the fo llo wing information in the form of an overall PUD development plan and supporting text: (a). A listing of each deviation or cuss of deviation from the underlying zoning district and a justification of the appropriateness for the deviation; (b). A listing of each deviation or class of deviation from the city subdivision regulations design standards and a justification of the appropriateness for the deviation; (c). Exist* Mg and proposed topo map using one to five foot intervals drawn to a scale not less than one inch equals Zoo feet showing all proposed streets, lots, buildings, open space, wetlands, floodplain, environmental hazards, and other elements basic to the development; This map should include proposed storm water facilities. (d). Proposed locations, areas, densities and types of residential and nonresidential uses and structures within the area proposed to be developed and maximum height of buildings or structure; (e). Proposed plans for handling vehicular traffic; sewage disposal; drainage; water supply; parks and open space; and where appropriate commercial, directional and entrance signage; lighting; parking; prominent landscaping, buffering, site perimeter and entrance treatment features; retaining wall work in excess of 3 feet in height, common fencing designs and locations where proposed, and other pertinent site development features; Identification of safe--routes--to-school plan, trails, and sidewalks should be added. The plan should ensure that adequate public parking is allowed on public and private streets and that public facilities like parks and trails have adequate public parking for accesses. Situations that are now occurring in some subdivisions where access to public trails or parks is defacto denied by the lack of parking facilities. It may also be appropriate to establish that "gated communities" are not allowed. The use, n on -use, or standards far external fencing of developments should be addressed as a policy. 12 (f). Elevation drawings which demonstrate visually the general architectural features of each proposed building or architecturally distinct group or type of buildings and the site perimeter treatment. Note — This may be waived by the zoning administrator on a case specific situation for uses listed below which may include but not limited to: 1. Single family detached housing when the lots equal or exceed the minimum lot size of the underlying zone; 2. Two unit townhouse or duplex development which is alley loaded and the lots equal or exceed the minimum lot size of the underlying zone. (g). The plan shall show the boundary lines of adjacent subdivided or unsubdivided land and the existing zoning of the area proposed for the PUD overlay; Add that this narrative shall include a review of the proposed design features that are proposed to provide for and ensure neighborhood compatibility. (h). A timeline expressing the order in which the development shall occur and estimated time for completing key components or phases; Adequate provision for a homeowners association or other public or private management organization to provide for the operation and maintenance of all private (non- governmental) common facilities including any private streets or alley ways, homeowners pans, club houses, open space, trails, recreational facilities and amenities, shared parking facilities, private lighting systems, subdivision entrance signage and conunon mail receptacles; Adequate provisions shall be made for maintenance of all public common facilities which are not intended to be maintained by the public, i.e. a trail or park developed on public land but intended to be maintained by a private organization or homeowners association; where a PUD also involves a subdivision of land, it shall also meet the application requirements of the Kalispell Subdivision Regulations and the Montana Subdivision and Platting Act; 13 [1). For multi -phase projects or project components which may not be built for many years, the PUD may show conceptual street designs, proposed park and open space areas, trail concepts, proposed residential density and housing types (single family, townhouse, apartment, etc), commercial areas, etc. versus detailed lot, block, street and park development and building designs. Based on a finding and associated conditions placed on the PUD at time of approval, the applicant may be required to provide more specific information prior to development based on one of the following processes: (i) A finding that the outstanding items are significant and therefore should follow the full PUD application process; (ii) A finding that the outstanding items are generally minor and should be reviewed under the conditional use permit process; or (ill) A finding that the outstanding issues are insignificant and subject to administrative review by the Kalispell Site Review Committee. (m). Any other information, plans and details which the city staff, planning board and/or city council may request to fully evaluate the development proposal and its impacts. As noted in earlier comments we do not support this provision of "I" as it essentially reinserts the concept PUD process, which was withdrawn earlier at the request of the city council. It sets up a long-term speculative negotiation process between the city and a developer and vest rights with one developer who may not deliver for a long time while a subsequent developer of a different property may be able to provide a project to meet the same weed on a shorter time frame, We would like to see where this approach is being used elsewhere and what track record of success it has had. Similarly we would like to see where a place holder PUD. concept is being used and discussion of the need for a limited time frame for these place holder PUD developments as well as a discuss of when do rights for a developer `vest" with these tools. The Bozeman PUD standards (a copy has been provided to you) have much more detailed standards for phased developments and call for identification of development standards for future phases and a more comprehensive review process that should be considered here. See beginning on page 36-7 through page 36-15 Phasing of Planned Unit Developments and the Enforcement section that follows this as well as Planned 14 unit Development Design Objectives and Criteria. Other models should also be reviewed, (4). Review of Application: Upon submission of the application the zoning commission shall review such application based on the following: (a). The compliance of the proposed PUD with the city growth policy and in particular the density and use policies of the plan; (b). The extent to which the PUD departs from the underlying zoning and the reasons why such departures are or are not deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; (c). The extent to which the PUD departs from the subdivision regulations (if subdivision is anticipated) and the public works standards for design and construction applicable to the subject property, the reasons why such departures are deemed to be in the public interest, and the mitigating conditions that the PUD provides to address the deviations; (d). The overall internal intpgdty of the PUD including the a ro riate use of internal design elements the use of buffers between different land uses the use of transitions between uses of geater and lesser intensitL the use of enhanced desi n features to provide connectedness for both vehicle and pedestrian traffic throe bout the PUD and the use of innovative and traditional design to foster more livable neighborhoods. (e). The nature and extent of the public parks and common open space in the PUD, the reliability of the proposal for maintenance and conservation of these areas and the adequacy or inadequacy of the amount and function of the parks and open space in terms of the land use, densities and dwelling types proposed in the PUD; Criteria should be included to insure that phasing of parks and trails is in early not late phases of the project [ The planner in which the PUD plan makes adequate provision for public services, provides adequate control 15 over vehicular traffic and furthers the amenities of recreation and visual enjoyment; Provision for waiver of SID should be included in this review. (g). The relationship, beneficial or adverse, of the PUD plan upon the neighborhood in which it is proposed to be established in concert with the underlying zone; (h). In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the PUD; Add wording from current regs at 27.21.020 (e) that require findings and review by city attorney. If as it is state in this draft under general standards —"Both the permitted and conditionally permitted uses of " the underlying .gone shall be deemed to be eligible for inclusion as permitted uses in a PUD however not all such uses may be deemed appropriate within the overall design of ` a particular PUD and my he limited or modited by the PUD plan-"-- -�- then the review should establish which conditionally rrrrrrrrrr�rrr.rrrrr.�rr�..rrrirrrinirirmrni �i � un n ninn n.inn n i nni n permitted uses are eligible for inclusions (i). Conformity with all applicable provisions of this chapter. (5). Action by the Toning Commission. (a). The zoning commission shall hold a work session on a proposed PUD plan prior to any public hearing. The work session is intended for information purposes only to inform both the public and the commission about the various aspects of the project. It is not intended to be a public hearing and the commission shall take no formal action on the application. (b) The zoning commission shall hold a public hearing on the application pursuant to Section 27.30.030. The zoning commission shall submit its recommendations to the city council. The zoning commission may recommend approval in whole or in part, may recommend modification and can impose conditions which will clarify facets of the PUD, 16 implement city standards, regulations or policy, or serve to mitigate potential negative impacts, or the commission may recommend disapproval. (6). Action by the City Council. The city council shall consider the recommendation of the zoning commission and may affirm, modify or deny the PUD. If the PUD is approved, the applicant shall submit a final PUD in accordance with the conditions of approval as adopted by city council. when the city council approves the PUD, the area of land involved shall be re -designated as a PUD district by ordinance which shall incorporate the final PUD including any conditions or restrictions that may be unposed by the city council and shall constitute the zoning for the district. Consider adding wording from Bozeman regarding preliminary approval, seepage 3 6 - 4 B5 (7). Preparation and Filing of Final PUD. Upon approval of the preliminary PUD by the city council, the property owner(s) shall proceed with the preparation of the final PUD plan: (a). The final PUD plan shall incorporate all the conditions imposed by the city council at the time of approval of the preliminary plan; (b). The final PUD plan shall have the following certification on the face of the final PUD plan: Should this also he on preliminary plat particularly for placeholder PUD , owner of the property set forth above, do hereby agree that I will develop the above property as a Planned Unit Development in accordance to the submitted PUD plan. Add wording to this or the plat that hinds current and future and multiple owners to compliance with the PUD Signature of Property Owner/Developer 17 Approved this day of , 20 , by the Kalispell City Council. Attest: City Zoning Administrator (c). The applicant shall submit three signed copies of the PUD, final plan and related documents to the city planning department. Upon approval by the Zoning Adm m* istrator, one signed copy of the plan shall be returned to the applicant, a signed copy shall be retained on file in the City Clerk's Office and one signed copy shall be Dept on file with the city planning department. ft is not clear here that the Final Plat goes to the City Council for approval Consider wording of Final Flan review and Approval in Bozeman plan C page 36-4 Also consider a t m e franc a liras it for submittal of a f n al plat Here again see the section on Duration of .Planned Unit Development in the Bozeman standards on page 36-6 section As (d). The final PUD shall be submitted to the planning office in a timely fashion following approval by the city council but in no case shall a final plat or building permit be issued until the final PUD plan has been submitted and approved; (e). Where there is a question concerning compliance with a condition of the PUD, by either the applicant or planning staf. the issue will be forwarded to the next available Kalispell Site Review Committee meeting. If the issue cannot be satisfactorily resolved it shall be forwarded to city council; Notice of this should he provided to the public. (f]. Prior to the approval of a final plat or where a subdivision is not involved prior to issuance of a certificate of occupancy or commencement of a use approved by a PUD, when specific aspects of the PUD are not yet completed that are pertinent to the phase or use, the city council shall require bonding or any other appropriate collateral to ensure that all required public improvements or conditions of approval specifically required to be in place prior to final plat, occupancy or commencement of use as appropriate shall be satisfactorily completed in accordance to the approved plans, specifications and time schedule. 18 (8). Limitation on Rezoning. The zoning commission shall not initiate any amendment to the Planned Unit Development before the comp let io n of the development as long as development is in conformity with the approved detailed Planned Unit Development and proceeding in accordance with the time requirements unposed therein by the completion schedule. (9). Amending an Approved Final PUD, Once approved a PUD may be amended by the owner(s). Proposed amendments shall be submitted to the Kalispell Site Review Committee. The committee shall make one of the following findings: (a). The change(s) is deemed minor in scope and may be granted or denied with or without conditions by the Kalispell Site Review Committee or; (b). The change(s) is deemed major, in which case the amendment(s) is forwarded to the city council for consideration and final action. Dote: Any action of the Kalispell Site Review Committee is appealable to the city council. Consider providing greater detail of conditions for amendment. See Bozeman PUD #4 page 36-5 (10). Abandonment or Expiration. The zoning administrator shall monitor the PUD for compliance with the completion schedule set forth in the approved development plan and to assure that all improvements have been made in accordance with the approved development plan. The following procedures are to be followed when the PUD fails to comply with the completion schedule: (a). PUD's or portions thereof which do not involve or require a subdivision application to be *imp lemented: 1. If a PUD project falls out of compliance with its approved completion schedule, notice of noncompliance with the completion schedule shall 19 be delivered in writing to the landowner and/or developer; 2. within 90 days of the notice (or anytime prior to the actual expiration of the approved completion schedule) the landowner and/or developer may request from the city council an extension of time. Said request shall set forth a proposed completion schedule and/or new timetable for installation of the improvements. The city council may grant one or more extension but each extension is a matter of grace which, if approved, may be subject to additional conditions imposed by the council which may be deemed necessary to address issues that have arisen due to the lapse in time; The use of "anytime" seems excessive and should be more limited 3. Abandonment shall be deemed by the city council to have occurred when the landowner/developer is deemed to be out of compliance with the approved completion schedule and has failed to secure an extension as provided for in (2) above; 4. Upon the abandonment of a development authorized under this section, the city council shall direct the Zoning Administrator to do the following. - (a) If a portion of the PUD site was developed in accordance with the PUD, the PUD shall stay in force for that portion already developed; (b) For that portion of the PUD which was not developed under the terms of the PUD, the provisions of the PUD shall lapse and the site shall revert back to a PUD Placeholder designation.as, provided for in 27.2 t .020 2 Earlier questions as to the legal basis and enforceability of this condition apply Here as well. (b). PUD's which are implemented by or subject to a subdivision application: W l . If the underlying preliminary plat lapses, the PUD conditions of approval for that area shall lapse. (a). In such case the city shall notify the property owner of the lapse of the preliminary plat and associated PUD conditions of approval; (b). The Zoning Administrator shall modify the PUD designation on the official zoning maintaining the underlying zoning classification but classifying the property as a PUD Placeholder as provided for 27.21.020 2!b). 27,21,030: Standards for Planned Unit Development District (PUD). (1). General Standards. (a) Developable area of a PUD shall be defined as all land that could potentially be available for development includigg. land in existing yr tential lots streets open space and parks. Undevela able area is defined as land within un-buildable areas includin land in a 100 ear flood lain BPA power line easements wetlands slopes in excess of 3 0% and stream setback areas. Include in un develo able area AeAnition storm water Lacilities and lift- and um stations —these have been placed in gark rands and counted toward earkland requirements in 12rior PUD's a i2ractice that should not be allowed. 21 Where is potential conflict here between definition of developable and undevelopable 1b, a area and the defininon of open space in the zoning regs on page 190 of existing regs. Definition of open space for PUD should be clarified. (b). Both the permitted and conditionally permitted uses of the underlying zone shall be deemed to be eligible for inclusion as permitted uses in a PUD however not all such uses may be deemed appropriate within the overall design of a particular PUD and may be limited or modified b� the PUD plan. (2). Establishment of PUD Districts. (a). Residential PUD District. 1. Minimum size is two acres including both developable and undevelopable area. For PUD's less than 2 acres in size, a PUD application may be submitted however such site will not be eligible for a density bonus as provided for in table 1 below. 2. A residential PUD district may be established in areas zoned R-1 through R-5, RA-1 through RA-3 and the H- 1. 3. Housing types within a residential PUD may include single family, duplex and multi family housing arranged in attached, detached, townhouse, apartment or condominium configurations. 4. Residential dwelling unit density: within a proposed residential PUD district residential densities are set forth below: Table 1 PUD Density Allocation See alternative criteria in Bozeman PUD on pages 36-1 o and consider this as an alternative to this system. See our prior comments on page 15-16 of this memo. Underlyinja Residential nietrirt R-1 District R-2 District R.-3 District Max # Dwelling UnitslDevelc Acre 2- 1 dwelling unit 4— 3 dwelling unit 6 4 dwelling unit 22 R-4 District - . 7 dwelling unit R-5 District 4-2 10 dwelling unit RA -I District 2010 dwelling unit RA-2 District 34 20 dwelling unit RA-3 District 34 20 dwelling unit H-1 District 20 dwelling unit a. Table 1 provides for the maximum # of dwellin units per develo able acre. Developable acres is based on land in developable area and excludes undevelopable land, as defined in 27.21.030 (1(a)., above; b. PUD's are not entitled automatically to the maximum density allowed in table 1 above. Density shall be established based u an : (1) An analysis of the environmental factors affecting the land, (2) Compatibility with surrounding land uses and impact on adjacent neighborhood, (3) Availability of public infra -structure and services. (4) Consistency with the Kalispell Growth Policy c. Residential density bonuses: The maximum. PUD residential density provided for in Table 1 ma be increased in the fo llowin sltuatlons: 1 U to a 20% increase in residential units for projects whi+ a. A 5% increase in density for each 10% increase over and above the minimum required developed park lands b. A 5% increase 'n density for each 10% increase of open space over and above the minimum -Dark land requirement. 23 U to a 20% bonus density at a rate of two additional housin units for each affordable unit created for _.projects which advance work force housin o ortunities (rental or owner occu ied housing available to eo le earnin S 0% of median income . For lots/units to be eligible they must be associated with such organizations as Habitat For Humanit a local housing authority,_ a sin le or multi -county housing assistance organizationw Aran _incorporate land trust. All a__. ordable housin units should be required to demonstrate lon -term aILrdabili -- —not short-term as some Lederallstate 12rozrams sfill allow for conversion OLPMerWes a ter as short as ten or less ears or as is the case with the sale of a Habitat or HumanLt y house. give a ermanent densi bonus or an affordable housin unit that is onl tem ora ? 1'I�eed to look at case a lications o this densi bonus. For examal what would be the result for the pro osed siderius Commons i2roLect that pryRoses 100 units of affordable housing? 5. Commercial uses and their associated parking may be allowed in a residential PUD district, provided: (a). Lots devoted to commercial uses and their associated parking shall not occupy more than 10% of the developable land area of the PUD district; (b). Commercial uses shall be so located, designed and operated as to serve primarily the needs of persons within the district and secondarily persons residing elsewhere; (c). The acreage proposed for commercial use and its parking shall be excluded from the gross acreage when computing total allowable dwelling units. 6. Residential park/open space requirements: (a) The minimum park land required is based on a ratio of .03 acres per residential unit. Residential units are defined as both owner and renter occupied units and includes single family and multi --family attached and detached 24 ro>. construction but specifically excludes licensed retirement, assisted living or nursing home units. (b) Lands considered undevelopable as provided for in 27.21.30 (1(a)) shall not be considered as meeting the minimum park land and open space requirements. (c) The applicant shall submit a plan for development of each of the park areas. The approved plans shall be fully implemented by the applicant. (d) In addition to developed park lands, the PUD shall incorporate open space features, where and when appropriate to enhance the overall development, to serve as a necessary noise or visual barrier or to protect sensitive areas such as stream setbacks, flood plains, areas of steep slopes or other fragile areas. (e) The first 20 feet of width of a required pedestrian trail system (trail and associated easement) shall be considered a transportation facility and shall not be counted towards any open space of park land requirement. Commercial PUD District. 1. Minimum size is two acres of developable area. 2. A commercial PUD district may be established in areas zoned B-1 through B-5, P-1 and H-1. Igo not see justification as noted earlier .for adding P-1 to commercial or industrial land (c). Industrial PUD District. 1. Minimum size is two acres of developable area. 2. An Industrial PUD district may be established in areas zoned I--1, I-29 P-1 and B-5. 25 (d). Residential Mixed Use PUD. 1. The minimum size is 5 acres of developable area. 2. A residential mixed use PUD may be established in areas zoned R-1 through R-5, RA--1 through RA-3, B-1, P- 1 and H-1; 3. The predominant land use character of the PUD must be residential; 4. The residential uses and densities appropriate to a Mixed Use PUD are the same as those permitted in a Residential PUD; 5. Commercial uses appropriate to a Mixed Use PUD are the same as those permitted in a Commercial PUD; This definition of .Mixed Use PUD is too broad. Consider ensuring commercial is scaled or portioned to neighborhood use primarily when given percent of .PUD is residential or that square footage uses for big box type retail or uses with outdoor displays such as car lots are limited in some (nixed uses. 6. Incompatible industrial and commercial uses are not permitted; 7. The combined area of all commercial/*ndustr-ial lots cannot exceed 35% of the developable area. Non -Residential Mixed Use PUD. 1. Minimum size is two acres of developable area. 2. A non-residential nixed use PUD may be established in any zoning district which would allow a commercial or industrial PUD. 3. Uses allowed under either a Commercial or Industrial PUD are allowed. CBF ask that Kalispell consider a more detailed and comprehensive update of their 40 PUD provision by looking at models for other fast growing western communities that 26 are proactively addressing growth issues. As proposed, we do not believe that the PUD regulations adequately address many of the complex growth issues Kalispell is facing with large scale and multiyear build out development proposals. Provisions in the Pitkin County PUD Regulations (you have been provided a copy of these) th a t Kalispell should consider; I. .Mandatory PUD designations for certain zones p28 2. Definition of ownership parcel p28 3. Phasing criteria p28 4. Dias ension al Standards and particularly its section for Criteria for Approvalp 29 5. Parking criteria p29-30 6. Architectural Review criteria page 32 7. Note%on sider one ownership requirement under "Entire Parcel" page 34 .Blaine County PUD regulations for consideration, copy provided: I. Definition of same ownership on page 4 and same ownership requirements on page S City of .Bozeman PUD Regulations revised 2007 for consideration, copy provided: L statement of .intent Kalispell should consider a broader intent statement 16 2. single ownership provision requirement and title holding provision page 36-2 3. Criteria for deviation under D3 page 36-2 4. Other sections already noted in text of document 27 MEMORANDUM TO: KALISPELL CITY PLANNING BOARD FROM: CITIZENS FOR A BETTER FLATHEAD SUBJECT: PROPOSED CILANGES TO THE PLANNED UNIT DEVELOPMENT STANDARDS DATE: 4/8/08 cc: dote: This m.erno is similar to the comments CBF submitted on 10/17/07; however, since staff made significant changes to the new proposed PUD standards, our comments have been changed to reflect our new concerns, existing concerns, and concerns that have been addressed. CBF has three main areas of concern with the proposed new Kalispell PUD regulations. These include the new regulations failure to address. - Public Benefit: Ensure that the density bonuses provided to the developer under a PUD are justified by providing significant public benefits such as additional open space, access to trails and water bodies, parkland far and above the standard requirement, or per nan.ent/long-term affordable housing. A Public Notice: Clarify and provide for a meaningful public notice and process its all types of proposed PI.UD's including new waver processes that are proposed.. • Justification for 5cant Chan es: Provide justification for removing numerous current provisions of the PUD regulations that protect the public and city from unintended consequences of more vague standards. Public Benefit: All city residents are stock holders in the City of Kalispell much like in a corporation in the sense that they invest and pick up the cost over -runs of city government. Density represents a significant public asset that should not be simply "given away" without a reasonable public benefit or a return on the "stock" investment of city residents. This principle is upheld in the criteria developed for administering fair PUD regulations in many progressive corninunides across the west. we provided you an example from Pitkin County, Colorado, as one example of a PUD regulation that includes clear and comprehensive criteria for PUD applications and their review. We offered (and still do) to provide you additional examples, but the planning director discouraged us frorn doing so. we feel that the changes to the PUD regulations strip the regulations of any areal public benefit and snake increased density an unjustified give --away. Public Notice: The new PUD regulations and patdcularly the waiver process should include a public comment process and a public appeal process. A section in the PUD regulation should include a clarification of homer the public process will be handled as the new regulations significantly reduce public access to information that is vital to public input in a zone change. ustification for Significant Chap es: There was simply little to no justification provided for the following changes: The new standards allow for a `Placeholder PUD Application.' which does not require developers to submit all relevant infor:m.ation. with the application for a placeholder PUD. As in our cut -tent regulations, all pertinent information should be obtained with the placeholder application to allow for adequate public oversight. The draft regulations state that "the PUD anqy show conceptual street designs, proposed park and open space areas, trail concepts, proposed residential density and housing types (single family, townhouse, apartment, etc.), commercial areas, etc. versus detailed lot, block, street and park development and building designs." The submission of detailed information is crucial for the public to adequately evaluate the proposal, and is required in the current PUD regulations. • The new standards allow a project to fall out of compliance with its approved completion schedule one or more tines before it's considered abandoned and is converted back to its previous zoning. The current plan states that the city may gram one extension before a PUD is considered abandoned. • The new standards deleted Section (5) Effect ofApproval of the current regulations which states that no building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the plan. This policy ensures that standards set forth in the PUD are complied with. ■ Standards for PUD, (1) Location of PUD was deleted from the new standards. This policy states that a PUD shall be located in an area where public and private facilities and services are available or are to become available by the tune the development reaches the stage where they will be required. • The new standards removed the requirein.ent that a PUD shall be under single ownership, in the (2) Land Aira Requirement section. This is problernatic because if the PUD standards are not met it is much more difficult to address the situation wide a number of different owners as opposed to just one. In addition, it also took out the rest of the paragraph which outlines how to deter-nd e whether the im nn'mum area requirements for PUD have been met. o Under () use e,g��lations, section (2), of the current standards, the policy that limits what commercial establisl-Anents are allowed in a residential PUD district was deleted. This policy stated that "such establishments shall be limited to trade and service facilities such as small retail stores, coin -operated laundry and ch-y cleaning establishments, beauty shops and barber shops. However, service stations and repair garages shall not be p enraitted." This leaves the requirement that "such establishments shall be so located, designed and operated as to serve primarily the needs of persons wid-in the district" 2 -wide open to different interpretations. This policy should be carried forward in the new draft. ■ Under Section(4) use eplations, section (4), of the current standards, this policy states that "no building permit for any convenience commercial establishment shad be issued not may any building be used for convenience commercial establishment before 60% of the dwelling units contemplated have been built and ready for occupancy" was deleted. This policy ensures that the residential portion of the PUD will be built and ensure that the predominant land use character of the district will be residential. • Under Section (4) Use Regulations, policy (6) of the current standards, the following policy was deleted "The maximum permissible ground coverage including all roads, buildings, and other areas of impervious coverage must be less than 70%." This policy is crucial because limiting the amount of land covered by impervious surface limits the amount of storm water runoff that eventually enters our streams, rivers, lakes, and groundwater supply. • Under Section. (4) Use Regulations, policy (8) of the current standards, the following policy was deleted "Vehicular: access to all uses and/or activities of the Mixed Use PUD shall be limited to the internal road system of the Mixed Use PUD. Frontage of uses on a perimeter -road/highway system shall be prohibited." The free flow of traffic along Hwy 93 has been expressed as a goal in the Kalispell Growth Policy, and thus this policy should be catried forward in the new PUD regulations. • The requirement that the rnaxii um permissible building height be limited to 35 feet was deleted. This policy is important to protect our view sheds and ensure buildings respect the character and quality of existing c omAnunitie s . In conclusion, we recor-Anen.d that the planning board tape additional tithe to loop at other PUD models from other areas and strengthen the proposed PUD regulations with criteria that provides a clew: public benefit and standards for the quality of development that the city wishes to encourage. Furthermore, we would recommend that the PUD Placeholder Application option be withch-awn as it fails to provide the public access to information essential to meaningful public comment. 3 MEMORANDUM TO: KALISPELL CITE' PLANNING BOARD FROM: CITIZENS FOR A BETTED. FLATHEAD SUBJECT: PROPOSED CHANGES TO THE PLANNED UNIT DEVELOPMENT STANDARDS DATE: 10/17/07 CC: Note: This merno summarizes oral testimony given at the public hearing on this matter on October 91h, 2007 CBF has three main. areas of concern with the proposed new Kalispell PUD regulations. These include the new regulations failure to address: 0 Public Benefit: Ensure that the density bonuses provided to the developer under a PUD are justified by providing significant public benefits such as additional open space, access to trails and water bodies, parkland far and above the standard requirement, or permanent/long-term affordable housing. ■ Public Notice: Clarify and provide for a meaningful public notice and process in all types of proposed PUD's including, new wavier processes that are proposed. •Justification for Si 'ficant Cha es: Provide Justification for removing nutnerous current provisions of the PUD regulations that protect the public and city from unintended consequences of more vague standards. Public Benefit All city residents are stock holders in the City of Kalispell much lilie in a corporation in the sense that they invest and pick up the cost over --.runs of city government. Density represents a significant public asset that should not be simply "given array" without a reasonable public benefit or a return on the "stock" investment of city residents. This principle is upheld in the criteria developed for administering fair PUD .regulations in many progressive cornmi a ties across the west. we provided you an example from Pitkin County, Colorado as one example of a PUD :regulation that includes clear and comprehensive criteria for PUD applications and their review. We offered (and still do) to provide you additional examples, but the planning director discouraged us from doing so. we feel that the changes to the PUD regulations strip the regulations of any real public benefit and snake increased density an unjustified give-away. Public Notice: The new PUD regulations and particularly the waiver process should include a public comment process and a public appeal. process. A section in the PUD regulation should include a clarification of how the public process will be handled as the new regulations significantly reduce public access to information that is vital, to public input in a zone change. Justification for Significant Changes: There was simply little to no justification. provided for the following changes. ■ The new standards do not require the application., prelitnin.ary plan, or timeline showing the building phases, as is required by the current THUD standards. ■ The new standards allow for a `Concept PUD Application' which does not require developers to submit all relevant information with the application for a PUD. ne chapter does not say when this information will. be obtained. As in our current regulations, all pertinent information should be obtained with the application to allow for adequate public oversight. ■ It would allow- the following information to be submitted at a later, unknown date, and consequently would not allow for adequate public oversight: ■ Submission of architectural renderings, building designs, parking lot layouts or landscaping plans ■ Park and open space plans, plans for recreational facilities or common./h.oraeowners facilities ■ Multi -phase projects .in which one or more early phases meet the full. PUD application. criteria ■ where a subdivision is required to implement a portion or all of a PUD and the subdivision application does not accompany the PUD application. ■ The new standards allow a project to fall out of compliance with its approved completion schedule one or more times before it's considered abandoned and is converted back to its previous zoning. The Current plan states that the city may OOX ,2ran.t one extension before a PUD is considered abandoned. Fu.rtherm.ore, the section outlining what constitutes abandomn.ent was also rern.oved, leaving it open to different interpretations. * The new standards deleted the (5) .effect ofApp ooval which states that no building permit shall be issued for any structure within the district unless such structure conforms to the provisions of the plan. This policy ensures that standards set forth in the PUD are complied with.. ■ Standards for PUD, (1) Location of PUD was deleted from die near standards. This policy stated that a PUD shall be located in an area where public and private facilities and services vices are available or are to become available by the time the development -reaches the stage where they will be required. ■ The new standards removed the ieq=* ement that a PUD shall be under single ownership, in the (2) land Area Regyimment section. This is problematic because if the PUD standards are not met it is much more difficult to address the situation with a number of different owners as opposed to just one. In addition, it also took out the rest of the paragraph which outlines how to determine whether the area requirements for PUD have been met. Under () stablishme t of PUD Districts, .seaion (2), of the current standards, the policy that Ilm is what commercial establishments are allowed in a residential. PUD district was deleted. This leaves the requirement that "such establishments shall be so located, designed and operated as to serve primarily the needs of persons within the district" wide open to different interpretations. Under (2) Establisbment of PUD DisOicts, section (4), of the current standards, the policy that states "no building permit for any convenience cormnercia.l establishment shall be issued no may any building be used for convenience commercial establishment before 60% of the dwelling units contemplated have been built and ready for occupancy" was deleted. This policy ensures that the residential portion of the PUD will be built and ensure that the predominant land use character of the district will be residential. The requirement that the maxirnura permissible building height be llrrdted to 33 feet was deleted. This policy is important to protect out view sheds and ensure buildings respect the character and quality of existing co nmunities. In conclusion we reconamend that the planning board take additional time to look at other PUD models from other areas and strengthen the proposed PUD regulations with Cliteria that provides a clear public benefit and standards for the quality of development that the city wishes to encourage. Further -more we would recommend that the conceptual PUD option be withdrawn as it fails to provide the public access to information essential to meaningful public comment. CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-20 T (Tourist) All proposed development, and all major amendments to previous development approvals, shall be subject to the preparation and approval of a Public -institutional Master Plan pursuant to Sec. 2-40-100. The Public -Institutional Master Plan shall cover the entirety of the property, and shall address all permitted activities/uses on the property. Only those uses, activities, and facilities shown on the approved Public -Institutional Master Plan shall be permitted. Minor amendments to previous development approvals may be approved by staff pursuant to the Public -Institutional Master Plan procedure in Sec. 2-40-100. (c) Transferable Development Rights (TDRs) TDRs may not be severed and sold from lands located in the P-1 zone district. TDRs may not be purchased and used in the P-1 zone district from other zone districts. (d) Growth Management Quota System (GMQS) Lands in the P--1 zone district are subject to the GlL1'1QS (see Chapter 6). 3-70-20: T (TOURIST) (a) Intent The T (Tourist) district is intended to provide for the renovation of existing and construction of new tourist accommodation facilities, including traditional lodges, and to permit small retail outlets to serve persons residing on the site. The range of permitted facilities, and the scale, density, and intensity of facilities permitted in Rural Areas will be lower than those permitted within the urban growth boundaries. (b) Locational Criteria Lands appropriate for the T zone district include those existing tourist -related nonresidential facilities located outside or within urban growth boundaries that existed before the 5th of July, 2666. Additional lands outside the urban growth boundaries may be rezoned to the T zone district if (1) the principal structures supporting such facility will be grouped into a land area not exceeding one (1) acre in size (although the supporting lands used by patrons of the facility may be much larger), or (ii) the Community Development Director determines that a larger area of principal supporting structures will not significantly impact the rural character of the surrounding area. Additional lands within the urban growth boundaries may be rezoned to the T zone district if they are adjacent to non-residential zone districts. (c) Transferable Development Rights (TDRs) TDRs may not be severed and sold from lands located in the T zone district. TDRs may not be purchased and used in the T zone district from other zone districts. (d) Growth Management Quota System (GMQS) Lands in the T zone district are subject to the GMQS (see Chapter 6). 3-70-30: PLANNED UNIT DEVELOPMENT (PUD) DESIGNATION (a) General A Planned Unit Development (PUD) is a designation attached to a zone district that authorizes flexibility in the manner in which the County may apply certain standards of the underlying zone district to a proposed development. A PUD is approved through a rezoning of the property, and acts as an overlay designation that supplements, but does not replace, the terms of the underlying zone district (i.e., unless modified by the terms of the PUD, all provisions of the base zone district still apply). A PUD may only be approved if the Board of County Commissioners determines that it complies with all those standards applicable to a rezoning in Sec. 2-40-10(c), as well as those additional criteria for approval of a PUD rezoning in Sec. 2-40-50(1). In the event of a conflict between the provisions of an approved PUD and those of the base zone district, the provisions of the PUD govern. Land Use Code Pitkin County Colorado July 2006 Page 27 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-30: Planned Unit Development (PUD) Designation (b) Uses of PUDs Planned Unit Development designations are used in Pitkin County only to achieve exceptional benefits in three ways critical to the implementation of the Pitkin County Comprehensive Plan: (1) Preservation of rural character and/or desirable open space in Rural Areas, and/or; (2) Protection of desirable open space in Urban Areas; and/or (3) Provision of Affordable Housing in Urban Areas. The PUD designation may not be used to obtain variations from the requirements of the underlying zone district in return for additional amenities or benefits in ways other than rural character preservation, open space protection, or affordable housing. (o) Applicability The provisions of this Sec. 3-70-30 shall apply whenever a Planned Unit Development designation is approved after the 5th of July, 2006. A PUD designation may be requested within any zone district within the Rural Area, provided that it is intended to provide greater levels of rural land preservation in those areas than would otherwise be required by this Land Use Code. A PUD designation may be requested within any zone district within the Urban Area, provided that it is intended to protect desirable open space or increase the production or availability of affordable housing. There is no minimum land area requirement for application for a PUD. (d) Mandatory PUD Designations Within the RS-150, RS-35, RS-30, and RS-20 zone districts, the approval of a PUD designation is mandatory in connection with any subdivision of the land. All such PUD designations and related subdivisions shall comply with the provisions of this section. (e) Ownership Parcel A PUD designation must apply to the entirety of an ownership parcel. For purposes of this Sec. 3-70-30, an ownership parcel is defined as all land that is contiguous, or would be contiguous except for intervening roads, owned (i) by an individual or entity, or 01) by members of the same immediate family, or (Ili) by entities with fifty (50) percent or greater common ownership, or (iv) by any combination of the above. The aggregate area of the lots or parcels shall be considered as one (1) lot or parcel regardless of diverse times of acquisition by a common owner and whether or not the property was acquired before adoption of this regulation. owners of contiguous parcels under separate ownership may jointly file an application for a PUD designation. (f} Phasing A Planned Unit Development (PUD) shall ensure: (1) Each phase is self-sufficient and not dependent upon later phases; (2) The failure to develop subsequent phases will not have any adverse impacts on the Planned Unit Development (PUD), its surroundings or the community in general; and (3) Amenities such as open space and recreational areas are provided along with proposed residential or tourist accommodation construction at each development phase. (g) Maximum Density A PUD is not entitled automatically to the maximum density allowed in the zone district in which the land is located. Density shall be established based upon: (1) Analysis of environmental factors affecting the land; (2) Availability of public transportation; (3) Compatibility with surrounding land uses; and (4) Consistency with adopted Land Use Policies and the Pitkin County Comprehensive Plan, Land Use Code Pitkin County Colorado July 2006 Page 28 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-30: Planned Unit Development (PUD) Designation (h) variations in Standards This section establishes criteria for varying dimensional standards, off-street parking standards, and street standards within a PUD. Standards in Chapter 7 related to Constrained Areas may not be varied. (1) DIMENSIONAL STANDARDS (a) Standards that May be varied Variations to the following dimensional standards, as set form in Table 5--1, may be approved if the County determines that the criteria in subsection (c) below have been met. 1. Minimum lot area per dwelling unit; 2. Minimum front, side, and rear yard and road setbacks; 3. Minimum lot width; 4. Maximum height of buildings; 5. Maximum permitted floor area of an individual house, provided that the total permitted floor area in all dwellings does not increase; and 6. Minimum usable open space. (b) Overall Density/Intensity of Development Notwithstanding the flexibility provided by subsection (a) above, the overall density or intensity of the development shall not -exceed the maximum allowable density or intensity permitted for the property pursuant to Table 5-1. (c) Criteria for Approval The standards listed in subsection (a) above may be varied only if the County determines that the proposed dimensions result in a development that: is generally consistent with the scale of surrounding development; 2. Does not significantly reduce sunlight or create significantly increased shadowing of roads, pedestrian paths, or developed residential properties; 3. For any increase in height, is accompanied by increased setbacks along any property line adjacent to single or multi -family uses; 4. Provides protection for the water quality and wildlife habitat in rivers and streams at least equal to that if the dimensions had not been varied; and S. Provides areas within the PUD allocated for common usable open space. The common open space shall be used and be suitable, for scenic, landscaping or recreation purposes. The common open space shall be protected from future development, and shall be guaranteed to be available for use by residents of the entire property, through a deed restriction or other legal document, acceptable to the County, and recorded with the clerk and recorder of Pitkin County. (2) OFF-S TREL T PARKING STANDARDS IN URBAN AREA (a) Standards That May be Varied Within the Urban Area, the off-street parking regulations in Sec. 7-30-20 may be varied if the County determines that the criteria in subsection (b) below have been met. (b) Criteria for Approval The off-street parking standards may be varied only if the County determines that the proposed development: 1. Accommodates the estimated number of cars that will be owned by future occupants and guests of dwellings in a PUD; Land Use Code Pitkin County Colorado July 2006 Page 29 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-30: Planned Unit Development (PUD) Designation Z. Accommodates the parking needs of any non-residential uses of the development, if any, 3. Provides adequate vehicle parking and loading to avoid overloading street parking (if any) and to avoid interference with traffic flows, taking into account the varying time periods of various uses in the proposed development, and the availability of public or private transit programs; and 4. Provides for adequate and environmentally sound storage and drainage of snow, ice, and water from parking areas in an adequate, safe, and efficient manner that will not require significant additional public maintenance. (3) ROAD DESIGN STANDARDS IN URBAN AREAS (a) Standards that May be Varied Within the Urban Areas, the road design standards in Sec. 7-30-1 o(c), may be varied if the County determines that the standards in subsection (b) below have been met. (b) Criteria for Approval The road design standards listed in Sec. 7-30-10(c) may be varied only if the County determines that the proposed development: 1. Provides adequate access for emergency and utility vehicles throughout the development, and provides an access easement for emergency and utility vehicles to use any private roadways in the development for purposes of providing emergency. services and for installation, maintenance, and repair of utilities; Z. Provides safe and convenient access to all portions of the proposed development using roads that fit the site's natural topography and site conditions, and that follow the contours of the natural terrain; 3. Provides principal vehicle access points that allow for smooth traffic flog while minimizing hazards to vehicular, pedestrian and bicycle traffic; 4. Provides internal trails and sidewalks to provide a logical, safe, and convenient system of pedestrian access to proposed lots and common areas, with linkages to off -site areas likely to be used by residents or tenants of the proposed development; and 5. Provides for storage and drainage of snow, ice, and water from internal streets in an adequate, safe, and efficient manner that will not require significant additional public maintenance. (1) Criteria for PUD Approval (1) PRESERVATION of RURAL CHARACTER AND OPEN SPACE IN RURAL AREA In the Rural and Conservation zone districts, PUDs are used to ensure that any proposed rezoning or development of the land that occurs with a subdivision of land is consistent with the applicable Pitkin County Master Plan, and to ensure that the proposed future uses of the land protect the rural and agricultural character of the land to the maximum extent practicable. A PUD designed to protect rural character in the Rural Area shall only be approved if the County finds that all of the following criteria have been met: (a) The proposed development is consistent with the applicable Pitkin County Master Plan, including the applicable intent statements in this Chapter 3. (b) The proposed development is consistent with all applicable provisions of this Land Use Code, including the siting of any new structures and non-agricultural uses or activities in compliance with all applicable provisions of Chapter 7. (c) The proposed development increases the amount of land protected from development, or provides a greater degree of protection from development (beyond what would otherwise be required by this Land Use Code), or enhances the natural appearance, Land Use Code Pitkin county Colorado July 2006 Page 30 06 - -6 0. 8, a F IL a , LnlAr 1 C! 3. GUIVIIYL2 1Ji7 1 MIL 1 7 3-70: Special Purpose Districts 3-70-30 Planned Unit Development (PUD) Designation amenities, agricultural use, or wildlife habitat value, or water quality protection on the land included in the PUD. (d) The proposed development does not include non-residential uses not permitted in the underlying zone district, and does not permit houses larger than the largest size permitted in the underlying zone district as shown in Table 5-1. (e) The proposed development conserves the rural character and appearance of the land to the maximum extent practicable when viewed from County rights -of -gray and State Highways. (} The proposed development locates any new homes or accessory structures exceeding 5,756 square feet in size (excluding barns) where they are not visible from County rights -of -ways and State Highways, if a practicable alternative site exists. (g) The proposed development minimizes disruption of the land from its natural state. (Ir) The proposed development minimizes interference with off -site agricultural activities or neighboring uses that support agricultural activities. (1) The proposed development locates access roads and driveways to minimize visibility from County rights -of -way and State Highways. (f) The advantages to the County of the additional protection of rural lands from development provided by the proposed development - significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property. (2) PRo TEC LION OF OPEN SPACE IN THE URBAN AREA A PUD designed to protect desirable open space in the Urban Area shall only be approved if the County finds that all of the following criteria have been met; (a) The proposed development (i) preserves and if possible enhances unique site features, and (ii) preserves and protects more open lands in their natural state than would be required by the underlying zone district. (b) The proposed development includes adequate open space for the mutual benefit of all residents and tenants of the proposed development, including residents of on -site affordable housing. (o) The proposed development includes adequate provisions for maintenance of common open space, and such provisions shall be included in a signed agreement between the owner and the County. (d) The advantages to the County of the additional protection of desirable open space provided by the proposed development significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property. (3) AFFORDABLE HOUSING IN THE URBAN AREA A PUD designed to provide affordable housing in the Urban Area shall be approved through the adoption of an AHIPUD zone district designation. The AH/PUD zone district provides a .tool for negotiation of affordable housing and mixed -income developments in a way that achieves significant progress towards the housing goals established by the Board of County Commissioners' housing designee. Lands zoned AH2IPUD, AH3IPUD, or AHPIPUD before the 5th of July, 2006 shall be governed by. the terms of the PUDs approved for such parcels. Applications for lands to be zoned AHIPUD after the 5th of July, 2006 shall be governed by the provisions of this Sec. 3-70-30. A PUD designed to provide affordable housing in the Urban Area shall only be approved if the County finds that all of the following criteria have been met: (a) The proposed development meets all standards required by Sec. 3-50-80. Land Use Code Pitkin County Colorado July 2006 page 31 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-40 CD-PUD (Conservation Development PUD) (b) The proposed development may not offer amenities unrelated to the provision of affordable housing in return for approval of types or intensities of development not permitted in the zone district. (c) The advantages to the County of the additional provision of affordable housing significantly outweigh any disadvantages to the County created by any variations in standards that would otherwise apply to the property. } Architectural Review The County may require an applicant for a PUD to submit architectural plans or models at the time of Conceptual or Detailed Subdivision review (if a subdivision of land is being requested) or at the time of Site Plan review (if no subdivision is being approved). (1) /NTEN T The intent of architectural review is to promote the preservation and enhancement of the visual character of the County by preventing the development of inappropriate or out of character structures that: (a) Requirethe indiscriminate clearing of property, excessive grading and the destruction of trees and shrubbery; and/or (b) Are out of scale with adjacent land uses; and/or (c) Significantly reduce solar access to public open spaces or adjacent properties. (2) S TA NDA RDS The County may require changes to architectural plans to: (a) Minimize disturbances to the natural terrain; and/or (b) Reduce the adverse Visual impacts of buildings that because of size, scale, color, or location are out of harmony with the neighborhood in which they are to be constructed; and/or (c) Promote advantageous solar orientation and energy conserving design; and/or (al) Promote consistency with: scenic and rural character guidelines. 3-70-40: CD-PUD (CONSERVATION DEVELOPMENT PUD) (a) Intent (1) The CD-PUD (Conservation Development PUD) zone district is a designation that allows for a variety of conservation development options with varying degrees of conservation including low density, low intensity residential development or compatible rural commercial agricultural operations. (2) The purpose of this zone district is to allow residential and agriculturally related commercial uses that minimize impacts of construction, servicing and occupation of the residences to preserve the rural character of lands in this zone district. The zone districts seeks to limit the density and intensity of development thereby protecting existing onsite natural resources, preserving neighborhood rural character, decreasing employment generation which would occur with more intense development and otherwise limiting the demand for public services. (b) Location Criteria Land eligible for the CD-PUD zone district designation are large properties of one hundred sixty (60) acres or greater located in Rural Areas. These parcels may have or may be associated with environmental or ecological resources, environmental hazards, and areas of state interest, agricultural resources or properties otherwise sensitive to overly intensive development. Land Use Code Pitkin County Colorado July 2006 Page 32 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-40. CD-PUD (Conservation Development PUD) (c) Use Restrictions. (1)PERMITTED USES The approval of a CD-PUD shall restrict the lands within its boundaries to the following permitted uses. (a) Single family dwelling units), together with associated accessory structures. (b) Farming or ranching, which must be conducted for the primary purpose of obtaining a monetary profit. (c) Agricultural buildings. (d) Agricultural stands. (e) Bed and breakfast. (0 Caretaker dwelling units. (g) Home occupations. (h) Public utilities, minor, which may be accessory to uses on other properties. (1) Satellite reception device. (f) Solar energy collector. (k) Trail. (2) SPECIAL. REVIEW USES FOR COMMERCIAL AGRICULTURAL DEVELOPMENT OPTION ONLY The approval of a CD--PUD shall restrict the lands within its boundaries to the following special review uses. (a) Agricultural housing. (b) Arts and crafts studio. (c) Blacksmithing. (d) Building materials -and landscaping. (e) Cellular telephone facility or building -mounted cellular telephone antennae. {f) Cemetery. (g) Club house or recreational building. (h) Country inn, guest ranch and resort cabins. (1) Day care center or home. {fJ Firewood splitting, commercial. (k) Horse boarding. (1) Institute. (m) Junk yard. (n) Logging. (o) Meeting hall or conference center. (p) Mineral and gravel extraction. (q) Nordic ski area & support. (r) Outdoor recreational, other. (s) Park, playground or piayfield. Land Use Dade Pitkin County Colorado July 2006 Page 33 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-40 CD-PUD (Conservation Development PUD) (V Public utilities, major. (u) Radio or TV transmitting station. (v) Sewage disposal area or water plant, (w) Silviculture. (x) use by Federal -permit. (y) water crossing or diversion. (z) Wind powered electric generator. (d) Development Standards (1) GENERAL. All standards established in Chapters 5 and 7 of this Land Use Code shall apply within the CD-PUD district unless explicitly modified in the approval documents. Potential modification of dimensional and design standards shall vary depending on whether the applicant decides to pursue Development Options 1 or 2, described in subsections (9) or (h) below. (2) ENTIRE PARCEL_ An application for a CD-PUD designation must include within the application the entirety of the unsubdivided parcel and adjacent parcels held in common ownership as configured on the Sth of July, 2006 sufficient to meet the minimum acreage requirement in Sec. 3-70-40(b). The maximum potential density and developability for properties within the CD-PUD designation shall be based on the entire unsubdivided parcel. Adjacent parcels held in separate ownership may be aggregated to meet the minimum acreage requirement; if the CD-PUD is approved, the parcels shall be combined into one (1) ownership per one hundred sixty (160) acre parcel. (3) 1- EIGH7' AND SETBACKS Maximum heights of principal and accessory structures and setbacks of all structures may be modified through the CD-PUD approval process. (4) SITING All buildings and structures will be situated after site specific analysis of the resource, scenic, and hazard qualities of each individual property in consideration and application of the policies and siting criteria contained in this Land Use Code. Following approval of the CD- PUD, approval of a Site Plan conforming to this Land Use Code shall be required. (e) Deed Restriction for Undeveloped Land All land outside of Activity Envelopes designated in the CD-PUD process shall be designated as preservation areas in the approved CD-PUD detailed and final plans. These preservation areas shall be preserved in perpetuity by a conservation easement or covenant approved by the County Attorney, which at a minimum shall restrict the property from future non-agricultural development and subdivision (although it may specifically allow any special review uses approved as part of Development option 2). Conservation easements may be granted prior to the CD-PUD application and approval process. If land has been preserved through a conservation easement, that land may still be considered as part of a CD-PUD application and approval. (t� Choice of Development Options (1) Each applicant for a CD-PUD designation on a parcel of land containing between one hundred sixty (160) and three hundred nineteen (319) acres shall choose between (i) Development Option 1 in subsection (g) below and (ii) Development Option 2 in subsection (h) below. (2) An applicant for a CD-PUD designation on a parcel of land containing four hundred (400) acres or more of land may choose to use Development option 1 on a portion of the parcel Land Use Cade Pitkin County Colorado July 2006 Page 34 CHAPTER 3: ZONING DISTRICTS 3-70: Special Purpose Districts 3-70-40 CD-PUD (Conservation Development PUD) containing at least one hundred sixty (150) acres, and to use Development option 2 on a second portion of the parcel containing at least one hundred sixty (50) acres. (3) An applicant who chooses to use Development option 2 on all or a portion of the parcel may later choose to instead apply for an approval under Development Option I . As part of the application for approval under Development Option 1, the applicant shall relinquish all rights to conduct any uses by special review available only under Option 2. If the size of either single-family dwelling is to be increased, the applicant shall be required to prepare a revised Site Plan reflecting the increase in size. (g) Development option 1: Residential Development (1) MAXIMUM RESIDENTIAL DENSITY There shall be no more than two (2) principal single-family dwelling units per one hundred sixty (150) acres or part thereof. (2) MAXIMUM FL O OR AREA The total final maximum floor area of all principal structures within the CD-PUD designation area shall be limited to fifteen thousand (15,000) square feet. Where codified Caucus limitations to final maximum floor area exist, said limitation shall apply as the maximum, with no individual, or combination of two principal structures exceeding that limitation. Within the Frying Pan caucus, the final maximum floor area for principal structures shall be limited to eight thousand (8,000) square feet, with no more than four thousand (4,000) square feet contained within one principal structure. Up to two thousand, five hundred (2,500) square feet of floor area for accessory structures (including barns and other agricultural buildings), and up to one thousand (1,000) square feet of floor area for each caretaker dwelling unit is allowed in addition to the final maximum floor area for principal structures. All agricultural floor area, including barns, shall be considered to be "accessory" and shall count towards the limitation of two thousand, five hundred (2,500) square feet of accessory floor area in Development Option 1. Floor area for accessory structures and the caretaker dwelling unit(s) may not be combined. (code Adopted My, 2006 by Ord. 014-D-2006 - § 3-70-40 Amended by Ord. 030-2006) (3) GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) Approval of a CD-PUD designation under Development Option I shall result in the creation of the following development rights on the property and the following exemptions from the requirements of GMQS (see chapter 5), provided that all structures are constructed in compliance with all applicable requirements of this Land use Code: (a) Eight thousand two hundred fifty (8,250) square feet of residential floor area for principal structures, except where final maximum floor area limitations have been codified for specific Caucus areas, said maximums shall be the maximum GMQS exemption for residential floor area for principal structures. Floor area may be divided between two (2) residential structures or used exclusively for one (1) residential structure. (b) within the Frying Pan Caucus area specifically, eight thousand two hundred fifty (81250) square feet of residential floor area for principal structures shall be exempt from GMQS, though no one principal structure (of up to two allowed) may contain more than four thousand square feet of floor area. Growth management exempt floor area that is not built as part of a principal structure(s), may be redeemed as a TDR(s), at a rate of one (1) TDR per twenty five hundred (2,500) square feet of floor area. Land Use Code Pitkin county Colorado July 2006 Page 35 BLAINE COUNTY PUD AND CD REVISIONS BLAINE COUNTY ORDINANCE NO., 2006 - 07 AN ORDINANCE OF BLAINE COUNTY, IDAHO, AMENDING BLAINE COUNTY CODE TITLE 9, ZONING REGULATIONS BY: AMENDING CHAPTER. 3 (GENERAL PROVISIONS), SECTION 13, TO PROHIBIT PLANNED UNIT DEVELOPMENTS (PUDs) IN THE FLO ODPLAIN, ALLOW PUDS IN R 10 (RURAL RESIDENTIAL 10) DISTRICT AND A-20 ZONED TRANSFERABLE DEVELOPMENT RIGHTS' RECEIVING AREAS AND .ALLOW DENSITY TO BE TRANSFERRED FROM A-20 ZONED LANDS TO CONTIGUOUS R.-5 OR.. R:10 ZONED LANDS WHEN UNDER. THE SAME OWNERSHIP, AND AMENDING BLAINE COUNTY CODE TITLE 109 SUBDIVISION REGULATIONS BY. -- AMENDING CHAPTER 6 (PUDS), SECTION 4 BY PROHIBITING COMMERCIAL & INDUSTRIAL L USES IN A--20 AND 1- 10 ZONED PUDS AND LUTING MULTI- FAMILY HOUSING; AMENDING CH. 6, SECTION 6-8 BY PROHIBITING A-20 AND * R 10 PUD DENSITY B ONUSES EXCEPT FOR INCLUSIONARY" HOUSING BONUSES, REQUI UNG 20% OPEN SPACE FOR. PUDS IN R-.255 I- .4, R-11 R.-21 & Rw2.5 ZONING DISTRICTS AND 50% OPEN SPACE FOR PUDS IN It 5, R-10, AND A-20 ZONING DISTRICTS, ALLOWING A DEDICATION FOR PUBLIC USE, AND PROVIDING FOR A LIMITED WAIVER OF DEVELOPMENT STANDARDS, AND RESTRICTING TRANSFERS OF DENSITY INTO SENSITIVE AREAS; AMENDING Cj3APTER 9 (CLUSTER DEVELOPMENTS (CDs)) BY ALLOWING CDs ON A MRqMUM OF 20 ACRES IN THE PROPOSED R-10 DISTRICT, 40 AGES IN THE A-20 DISTRICT, AND 80 ACRES IN THE PROPOSED RR: 40 AND A--40 ZONING DISTRICTS, PROVIDING DEVELOPMENT SITING STANDARDS, DECREASING THENMZAfUM SIZE OF THE NEWLY NAMED "CONSERVATION TRACT" TO 8 0 % OF' Tom. PARENT TRACT, ESTABLISHING NEW MEM4UM LOT SIZE, AND REQUIRING CDs TO BE LOCATED WITS I MILE OF A ROAD PAVED TO STATE, FEDERAL, OR. COUNTY STANDARDS; AMENDING PERMITTED, CONDITIONAL, AND A C CE S S OR.Y USES AND CHANGING BASE DENSITIES To THOSE OF THE UNDERLYING ZONING DISTRICTS; CREATING STANDARDS FOR MULTIPLE CLUSTER. TRACTS, WITH SITING CRITERIA, A MAXIMUM NLWBER OF LOTS PER. CLUSTER (5) AND ALLOWANCES FOR. LARGER CLUSTERS (UP TO 20 LOTS) IF SPECIFIED STANDARDS ARE MET, :INCLUDING MINIMUM SEPARATION BETWEEN CLUSTERS, PROVISIONS FOR PEDESTRIAN AND MAINTENANCE ACCESS REQUIREMENTS, WITH REVIEW CRITERIA UNDER THE DISCRETION OF THE BOARD, PROVIDING FOR. A SEVERABILTTY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Idaho Local Land Use Planning Act (Idaho Code Title 67, Chapter 65) states that the purpose of the Act shall be to promote the health, safety, and general welfare of the state of Idaho, in order to ensure, among several goals, that the economy of the state and localities is protected; to encourage the protection of prime . agricultural... lands for production of food, to encourage urban and urban -type Blaine County Ordinance: 2006-07 development within incorporated cities, and to ensure that adequate public facilities and services are provided to the people at a reasonable cost; . WHEREAS, the Blaine County Board of Commissioners declared a moratorium on new subdivisions in January 2005 to undertake studies and gain public input about future . growth and development in the unincorporated county; and WHEREAS, through the county's public,process of looking to the next twenty years (Blaine County 2025), Blaine County officials and representatives met with city officials, business interests, landowners, members of the public, nonprofit groups, held publicly advertised meetings in throughout the county, and conducted surveys and polls; and WHMREAS, feedback from surveys, meetings, letters and other pubic comments show an overwhelming consensus that Blaine County residents desire to protect sensitive lands (scenic, wetland, streams, wildlife habitat)and that Blaine County should tape action to preserve the rural atmosphere of the county, its agricultural and remote areas; and HER.EAS, the Blaine County Comprehensive Plan states "preserving agricultural lands of Blaine Count is a major objective of this comprehensive plan" and zoning and subdivision codes have included a modest incentive to cluster homes in an agriculture subdivision and a twenty percent bonus for PUDs in the. county"s non. --irrigated unproductive agricultural (A l 0) areas located in remote areas of the county; and WRIEAS, the Blaine County Comprehensive Plan states that it is the goal of the Comprehensive Plan to encourage urban and urban --type development within incorporated cities or near unincorporated towns, and WHER-EAS, Blaine County has hired leading land use consultants whose .expertise is in mountain resort development and rural western landscape. The consultant's research has documented other rural counties that have allowed larger cluster developments demand a higher level of county services, create more conflicts with active agriculture, and are not in keeping with the desired rural character of the county. WHEREAS, the purpose of the following is to strengthen and update zoning and subdivision ordinances based upon current planning expertise and practices in order to. support stated policies outlined in Blaine County's Comprehensive Plan and in the Preferred Scenario in Blaine County 2025; this will. accomplished by I) limiting the number of smaller lots in agricultural areas because of the conflicts that residential uses generate for those actively farming, 2) maintaining the rural atmosphere of the county while reducing future demand for urban type of services in rural, remote areas, 3) allowing for more orderly growth and effective delivery of services, and 4) protecting current tax payers by limiting urban type residential density in more remote areas where there are not essential services. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Blaine County, Idaho: Blaine County Ordinance: 2006-07 2 SECTION 1. That the Blame County Code, Title 9, Chapter 3 shall be and the sane is hereby amended, changed and altered by the addition of the underlined language to read as follows: 9-3-13: PLANNED UNIT DEVEEOPAUNTS Planned unit dovelopments may be allowed only in the following districts:5 R 5, R 2 1/2, R--21 R--11 R--:4, R 1/4, RD, .'omm.ercial, light industrial aiid . heavy industrial. (Ord. 95 --1, 1-g--1995).1_PJ_a=� unitJ my—b.-et aR�..g-d.M& the A-20-.Distrjc-t-,..bu-t-QnlyundQr tb.Q Ulowinai to ' A. a at _Ta r _ t i a' a s f t � v I � t ri t� a * transferredt t 't � a .� �' �. . Area- t t i t ins. 9-5-7 to 9--5-9,�. or �.. B.aen la_zoeds cnti �Qto an.in tie sarn. �n�1ii that is zoned R-5 r R-1_0=�F tk_bao &= t the routi K_ -.5--a-R.- L0_ la d-if-d- X-010- ml�.Tiwo w Q.tioms_aree_ J_&o_d_o_nAo.A_-2_0 aW_tQ_r0_ aILffiture residential a -lid non -,residential. e t t that " t with aft-C� xalm_: SECTION 2. That the Blaine County Code, Title 10 shall be and the same is hereby amended, changed, and altered by the addition of the underlined language to read as follows: 10-6-.1: SCOPE: Planned unit developments (PUDs) may be developed through the procedures outlined in this Chapter, (Ord. 77-6, 3-25-77, eff. 4-I4-77) 10-6--2 :. PURPOSE: The County encourages PUDs to achieve the following: A. Development Pattern: A development pattern which preserves and utilizes natural topographic and geologic features, scenic vistas, vegetation and wildlife habitat and avoids the disruption of natural drainage patterns,* B . Open Space And Recreation Areas: More useful, convenient location of open space and recreation areas for new residents and if permitted as part of the project, more convenience in the location of accessory commercial and industrial uses; C. Grid Subdivisions: A. more efficient use of land than is achieved through grid subdivisions, resulting in construction and maintenance savings through shorter utility lines and streets; Blaine County Ordinance: 2006-07 3 D. Diversity: A. greater diversity of living environments by allowing a variety of housing types and residential densities, and allowing more :flexibility with lot dimensions and building setbacks; E. Development Complexes: Development complexes which are a harmonious interrelated combination of compatible uses; F. Preservation of Character: The preservation of Blaine County's open space and rural character; (Ord. 77-6, 3--28-77, eff. 4-14-77) G. Energy Conservation: Energy conservation and use of renewable resources. (Ord. 77--6 as amd.) 104-3 : DEFINITIONS: The following terms are defined for the purpose of this Chapter: COMMON OPEN SPACE: Common open space is an area held for the use and benefit of the owners of dwelling units or lots in a PUD and which is devoid of streets, parking areas or buildhigs not intended for recreational or commurdty purposes. HOMEOWNERS' ASSOCIATION: A homeowners' association is an organization formed of the owners of a subdivision or planned unit development. PUD DENSITY BON -US: A bonus awarded specifically for utilizing the PUD option in order to provide incentive for quality PTJDs. This bonus is expressed as a percentage of the base density. PLANNED UNIT DEVELOPMENT: A planned unit development (PUD) is an area of land developed primarily for residential use in which restriction of lot sizes, setbacks, densities and land uses may be adjusted in return for conformity with an approved plan for the entire parcel. (See also definition found in Section I0.2-1 of this Title.) SAME OWNERSHIP: Ownership by the same person, corporation, firm, entity, partnership or unincorporated association in which a stockholder, partner or associate, or member of his or her fancily owns an interest in each corporation, firm, partnership, entity or unincorporated partnership. (Ord. 77-6, 3-28--77, eff. 4-14-77) I 0 -64: PERYHTTED USES The following uses are permitted within a PUD: A. All Uses: All permitted, accessory and conditional uses specified for the underlying zoning district. Blaine County ordinance: 2006-07 4 B. Commercial: Commercial uses unquestionably subordinate to the residential uses and oriented to serve the residents of the PUD rather than to the general community, when suitably landscaped "in a manner which will create a buffer for adjoining residential uses. when a PUD contains several commercial uses, these shall be planned as groups with common parking areas and access. Commercial areas int6nded for future phases of a PUD shall be landscaped and maintained in a neat and orderly manner. Commercial uses shall not be allowed in an R--10 PUD or A-20 PUD in a. TDR .Rep-eiyin-gArma, C. Light Industrial: Light industrial uses compatible with the residential uses, particularly those which may employ residents of the PUD. Industrial uses shall be developed in park --like surroundings, utilizing landscaping and existing woodlands as buffers to screen parking areas, loading docks and outdoor storage of materials and products from adjacent residential areas and shall not generate traffic .through residential areas. Area. D. Public facilities. E. Multi -family housing. (Ord. 77-6, 3--28--77, eff. 4--14_77) :_�VI�:IIL-fami-Quin .:e,,x pt 1.not a 104-5: OWNERSHIP REQIIREM ENTS: A. Preliminary Application: A prelim%nary application for a PUD shall be filed M* the name or names of the recorded owner or owners of property included in the development. An application may be filed either by a property owner or by the holder(s) of an equitable interest in such property or by a person having a contractual interest hs the land to be included within. the PUD. B. Final Application: Before -a final application for a PUD may be filed, the entire project shall be under the same ownership and evidence of title to the property must be submitted with the final development plan. (Ord. 77--6, 3-25-77, eff. 4-14-77) Y 0-6-6: DEVELOPABLE RE, SIDENTT.AL DENSITY: A. Base Density And PUD Density Bonus: The base density and maximum PUD density bonus are those which are specified for the underlying districts. when more than one district is involved in the PUD, base density is computed by multiplying the number of acres within each zoning district by the base density specified for each individual district and dividing by the total number of acres within the proposed PUD.-Na .� ensit -20 PUD Iocatedin-a. 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It ................. ..................... ....... ............ .. . . ... . ................... di SS co 2 in I ui u iLk !e.! in a cu V cu o cl to CHAPTER 18 s3 V PLANNED UNIT DEVELOPMENT 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 rnax.0 urn 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 walldng as effective modes of transportation; H. To reduce energy consumption and demand; I. To ' *ze adverse environmental inpacts 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; 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 tnutually 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, nzi.xed uses, transportation options, and detailed and human --scale design; and Q. To meet the purposes established in §18.02.040, BMC. 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 zordng 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 Bozernan growth policy and relevant criteria in subsection E of 518.36.090, BMC and are not prohibited elsewhere in this title. Ordinance # 1693: Effective March 24, 2007. page 36--1 B. All planned unit developments shall consist of a harmonious arrangement of lots, uses, buildings, parldng 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 Connxiission retains final approval authority for planned unit developments. E. All planned unit developments shall compliment or be harmonious with existing adjacent development. 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. formally 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 �18.72.020, BMC. C. Residential Planned Unit Develo ments. The permitted number of residential dwelling waits shall be determined by the provision of and proximity to public services and subject to the limitations in 518-36.090.E.2.b, BMC. D. Use of General Buildinw. 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 sham, be accompanied by written and graphic material sufficient to illustrate the initial and finial conditions that the modified 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 wt iting 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 Conarrdssion, 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 Conarnission 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 Ordinance # 1 693: Effective March 24, 2007. page 36--2 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, for the purpose of implementing and interpreting the provisions of this chapter. F. Conformance to SiZa Code. All signs proposed in conjunction with a planned unit development shall be reviewed against the provisions of the Bozeman sign regulations, Chapter 15.52, BMC. 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, BMC must receive a deviation. 13.36,040 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURES AND CRITERIA ';lien 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. Prey -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, and if applicable the W" 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. 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 VVRB (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. B. 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 else 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 fled with the Planning Department. Ordinance ## 1693: Effective March 24, 2007. page 36-3 2. Public Hearings and Meet n s. Notice of public hearings and/or public meetings for any preliminary plan application shall be provided in accordance with Chapter 18.76, BMC. 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 tale 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 prelin- inary plan to the City Commission and shall include in such recommendation the basis upon which such recommendation was determined. 5. Preliminary Plan Aggroval. The City Commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned wait 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 A royal. 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 DRC and ADR. staff and approved by the Planning Director. 1. AAA. don 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 - ComRance with Preliminaly.Plan. For approval to be granted, the final plan shall be in compliance with the approved prelimina.r7 plan. This shall. mean that all conditions imposed by the City Conu fission. 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 approved gross leasable nonresidential floor space by more that 5 percent, does not increase the number of residential dwelling units by more than 5 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 518.36.100, BMC, or other objectives or criteria of this title. The final plan shall. not contain any changes which would allowed increased deviation/ relaxation of the requirements 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 A royal, 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 §18.06.060 and §18.78.070, BMC. Ordinance # 1693: Effective March 24, 2007. page 36--4 4. Amendments to I-4inal 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, VYrRB or City Commission. (2) Minor changes shall be defined as follows: (a) Those developments that do not change the character of the development; (b) An increase of less than 5 percent in the approved number of residential dwelling units; (c) An increase of less than 5 percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (d) A change in building location or placement greater than 20 percent of the building width without compromising requirements of the UD o; (e) An increase in the number of lots less than 2 percent without increasing the density by more than 5 percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; T The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this title; and/or (g). The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. (3) when a planned unit development has been prepared in sufficient detail to address the concerns of Chapter 18.34, BMC 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 ini.tal submittal and review of the PUD. b. Major ChanRres. (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. The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this title without being individually noticed and reviewed for the proposed change. (2) Major changes shall be defined as follows: (a) A change in the character of the development; (b) An increase of greater than 5 percent in the approved number of residential dwelling units; Ordinance # 1693: Effective March 24, 2007. page 36-5 (c) An increase of greater than 5 percent in the approved 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 An increase in the number of lots above what was approved through the preliz-ninary plan review. This is applicable only to zoning PUD plans, not subdivision PUD plats. The final plat, if applicable, may not create any additional lots which were not reviewed as part of the preliminary plan submittal. 18.36.050 PLAN SUBMITTAL REQUIREMENT'S For each stage of the review process, the applicable information and data described in Chapter 18.78, BBC shall be submitted unless the Planning Director dete�nes that the in.forrnadon 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. 18.36.060 DURATION OF PLANNED UNIT DEVELOPMENT APPROVAL A. Duration f Prelimina Plan A roval. The provisions of this subsection do not apply to J_ A. subdivision elements of a PUD. i . within a maximurn of one year following the approval of a preliminary plan, the applicant shall file with the Planning Department a f and 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 fling a final plan for two successive six-month periods. The granting of administrative extensions under this 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 prelirru.nary approval. 4. If no final plan(s) is filed covering all or any portion of the preliminary plan within the above dme 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. Ordinance ## 1693: Effective March 24, 2007. page 36-6 B. Duration of Final Plan Approval. �. The applicant must undertake and complete the development of an approved final play 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 .fight 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. 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 Apgroyal 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 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 Sub'ect tQ 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. Ordinance ## 1 C 93: Effective March 24, 2007. page 36--7 B. Phased PUD A roval 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 PUD s shall be the same as that for PUD s as set forth in this title. 2. In those caseswhere 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. DRB or ADP. 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. 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 Con mission subject to the provisions of Chapter 18.66, BMC. D. Phased Planned Unit Development Submittal Re uirements. 1. Master Plan Submittal Requirements. Master plans for phased PUD s shall consist of a detailed site plan depicting: a. Eris ting conditions for the entire phased PUD as required by subsections B and C of §18.78.120, BMC; 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 PUD s 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 S1/2- by 11-inch vertical format, bound to open flat for review. All graphic representations shall be in 81/2- by 11 -i.nch 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 Hmi,ted 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: types), location, design, illumination, size and height; Ordinance # 1 G 93 : Effective March 24, 2007 . page 3 G-8 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 side -walk system, and service areas; j. Dien.sional requirements: building heights, setbacks (interior and perimeter), open space, etc.; k. Lighting; 1. 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 Development . 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 §18.36.090.E.2, BMC. 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 prel.irnin.ary plan of a planned unit development, as approved. G. Duration of Phased PUD D evelo ment uidelin es 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. 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, BMC: A. Failure to comply V71th 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, BMC, Planned Unit Development ordinance (PUD).- Ordinance # 1693: Effective March 24, 2007. page 36-9 18.36.090 PLAITED 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 Conu fission, after recommendation from the DRC, URB or W B (if applicable), to be in compliance with this title including any applicable criteria of this section. B. 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 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 wait development proposal shall be evaluated as follows: Each of the relevant objectives and criteria for the applicable land use classification and for a11 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 Miti Lion. To protect the character of new and existing A. 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 fist 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 wait 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. Desi 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 tide. 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. Ordinance # 1693: Effective March 24, 2007. page 36--10 a. All Deyelorne t. 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 §18.50.020, BMC? (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 Four points for each percent of dwellings to be constructed in the residential development which are provided by donation to the City of Bozeman or their designee; OR ---- One point for each build ready lot donated to the City for affordable housing provided by a residential or non residential development; OR — One point for each percent of dwellings to be constructed in the residential development which are provided by long term contractual obligation to an affordable housing agency, for a period of not less than 20 years, with a written plan assuring on --going affordability pricing and eligibility monitoring, and annual re --certification. The City's affordability guidelines and subsequent revisions shall establish affordability and eligibility; (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. Ordinance # 1693: Effective March 24, 2007. page 36-11 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/oar used to meet the parldands 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 18.501 BMC. 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 parks adequate in Location and size to meet the recreational needs of the resident; iat (iv) Cash -in --lieu of open space subject to the standards of §18.50.030, BMQ or (v) Open space outside of the project boundaries adequate in size and location to meet the recreational needs of the residential development only with the approval of the City Commission. The site is subject to the standards of 518.50, BMC and must demonstrate a geographic and service relationship to the residential development. (c) Adaptive .reuse of historic buildings: Two points for each 10 percent of total number of dwelling units in a residential development which are provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; one point for each 10 percent of total commercial and/or industrial floor area which is provided by the adaptive reuse of an individually listed or eligible to be listed historic structure; up to a total of 1 /3 of the performance points required to be earned. (d) Underutilized and brownfield sites: One point for each 50 percent increase in the total square footage of commercial and/or industrial floor area on underutilized sites; 1 point for each 50 percent increase in the total number of dwelling units on underutilized sites; 1 point for each acre developed of the environmentally, contaminated land; up to a total of 1 /3 of the performance points required to be earned. (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. RMI.3 and R-Q zoning distracts) 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. Ordinance # 1693: Effective March 24, 2007. page 36-12 For purposes of this section, "limited commercial development" means uses listed in the B-1 neighborhood service district (Chapter 18.18, Bmq, 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) Can a net acreage basis, is the average residential density in the project (calculated for residential portion of the site oriy) 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 D.ensi1y ...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 18.1 G, BMC, does the proposed project exceed the established regulatory design standards (such as for setbacks, off-street parking, open space, etc.) and ensure 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 Ordinance # 1693: Effective March 24, 2007. page 36-13 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 Bw3 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 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 parRing areas and adjacent existing or future off -site parldng areas which contain more than ten. spaces? (7) Does the project encourage inf ll, 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. unity. 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 wffi 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? Ordinance # 1693: Effective March 24, 2007. page 36--14 18.36.100 NORTH 13TH AVENUE/WEST DAIS STREET ENTRYWAY CORRIDORS A. Intent and Pu as e. 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 Forth 19th Avenue/Nest Oak Street Corridor Master Plan and it successors as a subarea plan to the Bozeman Growth policy. B. .Application. Planned unit development provisions shall apply to all nonresidential development proposals located in the Forth 19th Avenue and Nest Oak Street Entryway Corridor areas as designated on the land use plan of the North 19th Avenue/West Oak Street Corridor Master Plan and on the City of B o z eman's Official Zoning Map as follows: 1. Forth 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 Forth 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 Forth 7th Avenue and Rose Park shall be applied within such corridor as follows: a. Between North 7th Avenue and Forth 19th Avenue, measured 660 feet from the centerline of Test 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 Forth 19th Avenue/West Oak Street Corridors. Residential developments within this corridor are not required to be developed as a planned unit development, but do need to comply with the specific development standards of the Design Objectives Plan for North 19th Avenue/west Oak Street Corridors. Ordinance # 1693: Effective March 24, 2007. page 36--15