Planned Unit Development Amendment

A major amendment to the text or attached plans of a Planned Unit Development (PUDA) follows an expedited process described here. Modifying the boundaries of a district or substantial changes that necessitate creating a new PUD following the Zoning Map Amendment (ZC) process. A minor change that is unlikely to have a substantial impact on the project or surrounding area may be approved by the Community Development Director.

The City of Bismarck Code of Ordinances defines a Planned Unit Development (PUD) as a form of development usually characterized by a specific site design with specified uses and development standards that can be for a site or within an area. PUDs typically are associated with a specific site plan for development master plan.

A Planned Unit Development Amendment (PUDA) may only be initiated by property owner(s) within the PUD that will be effected by the amendment.

References:

Consider before you begin:

  • PUD amendment requests can accompany plats, annexation requests, and other development requests requiring board approval. combining project will save time.
  • All PUD amendments include a public hearing with notification. All property owners within the PUD will be notified. Developers are encouraged to initiate communications with nearby property owners at early stages to assure mutual understanding.
  • City staff will offer a recommendation to the Planning and Zoning Commission in the staff report prior to the public hearing. All complete applications will be submitted to the Commission, whether supported by staff or not.

Process Steps:

  • Pre-Application (optional). Applicant may request an optional pre-application meeting or inquire with staff prior to applying. This is encouraged.

Planning and Zoning Commission Application Timeline

  • Submit Application. A Unified Development Application is submitted to the Planning Division, along with fee and attachments. See this year's Meeting Schedule and Application Deadlines.
  • Staff Review: City staff review the request according to the Comprehensive Plan, ordinance, and policies. All review comments are posted using TRAKiT and can be viewed and responded to.
  • Development Review Meeting. The request will be included on the next available Development Review Meeting agenda. A few days prior to the meeting, staff comments will be compiled and distributed to applicants and reviewers. Applicant’s consultants are invited to attend this virtual meeting to discuss the project and respond to comments. The group decides by consensus whether to proceed to the next step or hold a month for further revisions.
  • Planning and Zoning Commission Meeting Consideration. A staff report is released the week prior on the agenda center, which includes a staff recommendation to the Planning and Zoning Commission. The item is placed on the consent agenda of the Planning and Zoning Commission. The commission may call for a public hearing or deny the request. Although this item is typically not discussed during the meeting, the applicant should consider having a representative at the meeting to answer any questions that may be raised by the commission.

PZ Application Timeline Continue to Public Hearing

  • Public Notification. The Planning Division publishes two legal advertisements in the Bismarck Tribune and sends letters to nearby property owners notifying of a public hearing.
  • Planning and Zoning Commission Public Hearing. A staff report is released the week prior on the agenda center, and the Planning and Zoning Commission considers the request during their regular agenda. Planning staff presents to the Planning and Zoning Commission, including the staff recommendation, and the Chair will open a public hearing. Traditionally, the applicant or a representative is afforded an opportunity to address the Commission first and may respond to any questions from the Commission throughout the hearing. The Planning and Zoning Commission is the final authority on PUD amendments and may approve, deny, or continue the request.
  • Administrative Finalization. City staff prepare a final resolution to reflect the amendment. The applicant will receive a copy of the final resolution and an approval letter. The amendment takes effect immediately.  PUD amendment resolutions are not recorded.

Submittal Requirements

  • Unified Development application signed by each property owner within the effected area
  • Application fee. (See fee schedule (pdf))
  • Written statement or revised site exhibit/architectural drawings explaining the requested amendment.

Apply

Initiate an inquiry, submit a scoping request, or file an application for a planned unit development amendment or any combination of project types.