The purpose and intent of the planned unit development (PUD) is to create a procedure that allows flexibility to design and develop a site in a creative and unified approach rather than a traditional lot-by-lot approach. The flexibility and unified approach is intended to promote high quality open spaces that are created by clustering development, create a diversity of housing types, permit a compatible mix of land uses, and achieve context sensitive design that conforms to topography and minimizes impacts on natural resources. The flexibility of the PUD also is intended to accomplish goals of the Baker Growth Policy.

A PUD is a development approved pursuant to the standard and procedures of this section and can be located on any site within the City of Baker that contains the following characteristics:

Infrastructure. Water, wastewater roadway and storm water facilities with sufficient capacity to accommodate the PUD, or these facilities can be reasonably extended to create the required capacity and that conform to City of Baker Public Works standards.

Connectivity. The opportunity for a PUD with extensive connectivity to the existing roadway, sidewalk and trail systems.

Natural Resources. Natural resources that can be better protected by the flexible design of a PUD than by a traditional lot-by-lot development and avoid construction in hazardous areas such as floodplains, steep slopes or poor soils.

Minimum Area: The minimum contiguous land area for a residential PUD is 2.0 acres. The minimum contiguous land area for a Non-Residential PUD is 5.0 acres. Land dedicated or to be dedicated as required parks (§ 76-3-621 MCA) or as Rights-of-Way shall not be included to meet the minimum land area requirements.

Residential Underlying Zoning. When the underlying zoning is residential, the PUD may contain all types of residential structures and commercial uses, provided the mix of uses complies with the findings of Section 17.0.167, Required Findings. Industrial uses are not allowed in PUD when underlying zoning is residential.

Non-Residential Underlying Zoning. When the underlying zoning is commercial, industrial or another non-residential classification, the PUD may contain all types of residential structures, commercial and industrial uses, provided the mix of uses complies with the standards of Section 17.0.167 Required Findings.

Lot Sizes, Frontage, Setbacks. Lot sizes, lot frontage and setbacks established for the underlying zoning district may be varied for the purpose of clustering buildings in a small footprint of development and setting aside open spaces or protecting natural resources.

Density, Impervious Coverage. The number of residential units and the amount of impervious coverage may exceed the limits established for the underlying zoning in portions of the PUD provided the total property covered by the PUD complies with these two standards in an overall calculation.

Building Height. Building heights within the PUD may exceed the maximum height of the underlying zoning district for the purpose of clustering development in a small footprint of development and setting aside open spaces or protecting natural resources.

PUD shall comply with the following site design standards:

Building Sites. The configuration and arrangement of development shall provide each lot and building with a suitable site that minimizes disturbance of sloping hillsides, protects natural resources and is serviceable by adequate infrastructure.

Access. Safe and adequate vehicular access shall be provided to all lots and building sites to accommodate routine and emergency accessibility.

Natural Resources. Natural resources shall receive greater protection than is routinely provided by standards of the ordinance or other state and federal regulations. Examples of compliance with this standard include but are not limited to:

A.

Setbacks. Providing greater setbacks from water bodies and wetlands than required by other sections of this ordinance or by the state and federal regulations, or

B.

Hillsides. Avoiding the disturbance of hillsides that is otherwise permitted by other sections of this ordinance, or

C.

Wildlife. Protecting wildlife habitats and migration corridors.

Connectivity, Circulation. The roadway system shall maximize connectivity to the adjoining streets and promote efficient circulation within the PUD.

Pedestrian System. A safe and logical system of sidewalks, trails and pathways shall provide for convenient pedestrian connections throughout the PUD and to adjoining neighborhoods.

Integration, Compatibility. Site design and the arrangement of land uses shall integrate the PUD with surrounding developments and maximize compatibility with neighboring properties. The PUD design shall blend with the existing development pattern and street network of the city.

Human Interaction. Site design, arrangement of buildings and open spaces and the circulation system shall provide places for, and promote, interaction among the residents and workers occupying the PUD.

Growth Policy. A PUD application shall demonstrate in a convincing and persuasive way that the proposed development will implement goals and strategies of the Baker Growth Policy.

Upon approval of a PUD, the owner shall prepare a statement of standards for review by the zoning administrator that describes the specific uses, development standards, deviations from the underlying zoning standards and conditions of approval. This statement of standards shall be approved as to form by the city attorney and upon approval by the city council, recorded in the land records of Fallon County.

Approval of a PUD shall require the zoning commission making the following findings of fact:

Growth Policy. The PUD implements the goals and strategies of the Baker Growth Policy.

Consistent with Purpose, Intent. The PUD is fully consistent with the stated purpose and intent of this Section and in no way contradicts the purpose and intent of this Section.

Complies with Standards. The PUD fully complies with all applicable standards of this Section and this ordinance.

No Adverse Impact. The PUD creates no significant adverse impact to neighboring property and does not negatively impact natural resources.

Approval of a PUD shall expire and become null and void one year after the date of final approval if development has not commenced. Development of the PUD shall proceed with reasonable diligence to completion or proceed consistent with an approved phasing schedule. If development does not proceed with reasonable diligence to completion or in accordance with an approved phasing schedule, the zoning commission may initiate a review of the partially completed PUD and determine if a specific schedule of development should be established for completion or if the PUD approval should be deemed expired. To render the decision about a completion schedule or expiration of approval, the zoning commission shall consider the following criteria:

Functionality. Does the partially complete PUD contain functional infrastructure, including but not limited to water, wastewater, streets, storm water management and pedestrian facilities?

Visual blight. Does the partially complete PUD create visual blight that deteriorates the aesthetic quality of the neighborhood or the City of Baker?

Community Changes. Has the City of Baker enacted changes to the policies, goals, strategies, or ordinances that would cause the PUD to be denied approval if it were newly submitted for applicable zoning conformance permits?