Chapter 11.31 : Planned Unit Development


11.31.010 Intent
11.31.020 Design
11.31.030 Minimum Area
11.31.040 Location of PUD District
11.31.050 Intensity
11.31.060 Common Property
11.31.070 Open Space
11.31.080 Recreation Areas
11.31.090 Setbacks
11.31.100 Height
11.31.110 Pedestrian Access
11.31.120 Off-Street Parking
11.31.130 Fire Protection
11.31.140 Signs
11.31.150 Night Lighting
11.31.160 Antennas
11.31.170 Modification of Requirements
11.31.180 Preapplication Conference
11.31.190 Preapplication
11.31.200 Preliminary Application
11.31.210 Approval

11.31.010 Intent. The purpose of the Planned Unit Development (PUD) is to allow maximum flexibility and innovation in development design and land utilization through the relaxation of zoning and subdivision regulations. In view of these relaxations, a PUD should provide a more desirable environment than could be achieved within the existing zoning and subdivision ordinance in terms of:

1). More economical and efficient use of the land.

2). A choice in the types of physical environment, occupancy tenure, building types, types of ownership and community facilities available to existing and potential residents or tenants.

3). Usable open space, recreation areas, bike paths, pedestrian networks, etc., in excess of existing subdivision and zoning requirements.

4). Preservation of natural topographical, geological features with emphasis upon:

a). Prevention of soil erosion.

b). Conservation of existing surface and subsurface water.

c). Preservation of major trees or other environment enhancing features.

5). An efficient network of streets and utilities (underground utilities where feasible).

6). Aesthetic appeal.

11.31.020 Design. The PUD shall be designed and developed in a manner compatible with and complimentary to existing and potential residential development in the immediate vicinity of the project site. Site planning on the perimeter shall give consideration to protection of the property from adverse surrounding influences as well as protection of the surrounding areas from potentially adverse influences within the development. In addition, the PUD shall relate harmoniously to the topography of the site, make suitable provisions for preservation of watercourses, wooded areas, rough terrain and similar natural features and areas and shall otherwise be so designed as to use such natural features and amenities to the best advantage.

11.31.030 Minimum Area. Three contiguous acres of land. Smaller acreages may be accepted where the applicant can demonstrate that a smaller parcel will meet the objectives of Section 11.31.010.

11.31.040 Location of PUD District. Any district where the applicant can demonstrate that his proposal will meet the objectives of Section 11.31.010 and not create any detrimental effects to that area.

11.31.050 Intensity. The City Council shall determine in each case the appropriate land use and dwelling unit density for individual projects. The determination of land use or dwelling unit density for individual projects. The determination of land use or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density. Permitted densities of existing zoning may be used as minimum guidelines.

11.31.060 Common Property. When common property exists, open space, recreational facilities, etc., the ownership of such common property may be either public or private. Satisfactory arrangements shall be made with the City Council for the improvement, operation and maintenance of such common property and facilities including private streets, driveways, service and parking areas and recreational open space areas.

11.31.070 Open Space.

1). Required open space shall comprise at least forty percent (40%) of the total area of the PUD. Land occupied by buildings, streets, driveways, or parking spaces may not be counted in satisfying this open space requirement; provided however, that land occupied by recreational buildings and structures may be counted as required open space.

2). At least one-half of the required open space shall have an overall finished grade not to exceed ten percent (10%), shall be suitably improved for its intended purposes, and all lawn and landscaped areas reserved for common use shall be provided with a permanent watering system adequate to maintain such areas.

3). The remaining one-half of the required open space may also be improved, or may be left in its natural state, particularly if natural features worthy of preservation exist on the site. Open space left in its natural state shall be kept free of litter and shall at no time constitute a health, safety, fire, or flood hazard.

4). If the development is to be accomplished in stages, the development plan shall coordinate improvement of the open space, the construction of buildings, structures and improvements in such open space, and the construction of dwelling units in order that each development stage achieves a proportionate quality of the total planned development.

11.31.080 Recreational Areas. No intensive recreational use shall be permitted within 100 feet of any external boundary which adjoins or is separated only by a boundary street from land in any residence, estates, or agricultural zone; provided however, that where permanent intervening open space at least 100 feet in width exists on adjacent property, this restriction will not apply.

11.31.090 Setbacks.

1). No building except as hereafter provided shall be located closer than five feet from any interior vehicular or pedestrian way, court, plaza, open parking lots, or any other surfaced area reserved for public use in common by residents of the PUD. Such setback shall generally be measured from the nearest edge of a surfaced area; provided however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement.

2). Spacing between buildings shall be at least ten feet.

3). Each building shall be surrounded on all sides by relative level open space having a slope no greater than ten percent (10%) and extending a minimum distance of ten feet in all directions measured form the furthest projection of the external walls of the building.

4). A setback of not less than 25 feet shall be maintained by any building or structure, except a wall or fence, from any street along an exterior boundary of the development.

11.31.100 Height. All buildings and structures shall conform to the height regulations of the zone in which the Planned Unit Development is located; provided however, that the City Council may approve buildings and structures of greater height if such buildings and structures would not have an adverse effect on adjacent properties or on properties or developments in the vicinity. No additional height shall be approved within 100 feet of any external boundary of the Planned Unit Development adjacent to land in any residential, estates, or agricultural zone.

11.31.110 Pedestrian Access. Any building or any dwelling unit that is located more than 100 feet from a public or private street or other vehicular way shall have pedestrian access thereto capable of accommodating emergency and service vehicles.

11.31.120 Off-Street Parking. Off-street parking areas not under cover shall be screened form view of nearby residents of the development by shrubs or other appropriate features.

11.31.130 Fire Protection. Fire hydrants and connections shall be installed as required by the City Council and shall be of a type approved by the Chief of the local fire district.

11.31.140 Signs. Interior street, building and other signs shall be uniform in design and reflect good taste in style and size.

11.31.150 Night Lighting. Light fixtures for walks, parking areas, driveways, and other facilities shall be provided in sufficient number and at proper locations to assume safe and convenient nighttime use.

11.31.160 Antennas. A common central television antenna shall be provided with underground cable service to at least all buildings containing dwelling units. No other exterior radio or television antennas shall be permitted.

11.31.170 Modification of Requirements. Modification of the development criteria of this chapter may be granted by the City Council when it determines that such modification will not be detrimental to the subject development, adjacent properties, or the public interest.

11.31.180 Preapplication Conference. The general outlines of the proposal, evidenced schematically by sketch plans, are to be submitted to the Planning Board or their designated agent prior to the submission of PUD application. This conference provides the developer with an opportunity to gather information and obtain guidance as to the general conformity of the project with the area in which the development is to take place. During this conference particular attention shall be given to:

1). Present uses and character of the area and how the proposal may affect them.

2). The road and street system.

3). Public and private open space and parks.

4). Public utilities and services.

5). The residential housing mix, proposed market and general overall appearance of the development.

11.31.190 Preapplication. Information as required under Sections 3 and 5 of the Belgrade Area Subdivision Regulations.

11.31.200 Preliminary Application. Information as required under Sections 3 and 5 of the Belgrade Area Subdivision Regulations with the addition of the following:

1). Photographs of the site showing the existing topographical features and natural amenities.

2). Plans, elevations and perspective drawings of all typical proposed structures and improvements.

3). A development schedule indicating:

a). The approximate dates when construction of the project can be expected to begin.

b). The approximate completion dates of each phase of the development.

c). The area and location of common open space will be provided at each stage.

4). A general description of the availability of related community facilities such as schools, fire protection services, and cultural facilities, if any, and how these facilities are affected by the proposal.

5). Evidence of how the developed proposed land uses meet existing and projected community requirements (housing types, etc.).

11.31.210 Approval. Approval of a PUD shall be obtained through conditional use permit procedures as specified in Chapter 11.23 of this title and by following the adopted subdivision regulations.