(A) Except as otherwise specifically provided in this chapter, all use of land, development or structures in special districts shall conform to the requirements set forth herein.
(B) Planned Unit Development Overlay District (PUD).
(1) The intent of the Planned Unit Development Overlay District (PUD) is to encourage developments with a superior built environment that permit greater flexibility and consequently more creative and imaginative design than generally is possible under conventional zoning regulations. It is hereby intended to permit, upon application and upon approval of site and use plans, the creation of Planned Unit Development Overlay Districts (PUD). Such a designation shall be determined by, and shall be designed to provide for a mix of uses, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to preserve features of historical significance, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements, and with a reasonable consideration being given, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the city. In PUD District, the regulations which are adopted are intended to accomplish the same purposes as do zoning and other applicable regulations in districts which are developed on a lot by lot rather than a unified basis.
(2) Application of Planned Unit Development Overlay District provisions. A PUD Overlay District may be proposed for the Central Business District in the city if (1) more than one land use is proposed on a single land; (2) different land uses that would not otherwise be permitted to locate within the same zoning district are proposed for development on one or more adjacent parcels under single or separate ownership; or (3) an exception or variance from the size, setback, frontage, density, uses or other standards that are required in other zoning districts permitting the same uses are being proposed as part of a development plan. No PUD District shall be considered without submission of a development plan. A site proposed for a PUD District classification shall contain a contiguous area of five acres or more, unless a smaller area is specifically approved by the Governing Body due to special and unusual circumstances. Property shall be deemed to be contiguous if all parts are under unified control, to ensure that the development plan can be executed as approved, and all parts abut or are separated by only a road, easement, or right-of-way.
(3) Effect of Planned Unit Development District approval. Approval of a PUD District shall constitute an amendment to the zoning ordinance. Designation of a property as a Planned Unit Development District (PUD) in accordance with an approved development plan shall supersede all existing and prior zoning classifications. A planned district approved by the City Council by ordinance shall be designated on the zoning map by the letter's PUD.
(4) Standards. All PUD Districts shall at a minimum satisfy the following standards and requirements:
(a) Uses permitted. The Development Plan shall specify, both for the project as a whole and/or for subareas within the project, as appropriate, those principal and accessory uses as are to be permitted. The City Council may include or exclude uses from the Development Plan or include uses with attached conditions as appropriate to achieve the intent of these provisions. In making its determinations of the uses to be permitted within the PUD District, the City Council may consider the compatibility and relationship of uses within the project, the compatibility and relationship of permitted uses adjoining or in proximity to the PUD District, the appropriateness of permitted uses for the area in general and their overall impact on the community and the consistency of the permitted uses with other adopted plans and policies.
(b) Residential. A PUD District may allow for a more flexible placement, arrangement and orientation of residential structures, with accompanying flexibility in the subdivision of land and the grouping of open space and accessory facilities such as garages and parking. A PUD District also may provide for a mixture of housing types (single family, two family, multi-family, etc.) according to a carefully drawn plan. The proposed residential development shall make maximum use of natural features, and, through proper site planning measures, it shall be compatible with the existing character and development pattern of the surrounding area. In a PUD District proposing more than 75 individual residential dwelling units, no more than 12% of such units should be two-family or multi-family units.
(c) Office. A PUD District may contain orderly, well-designed office and institutional uses compatible with the surrounding area.
(d) Commercial. A PUD District may provide for maximum attainable commercial usage of property while ensuring development consistent with the City Council's long-range plans.
(e) Conditional uses. Approval of a use requiring a "special use permit" shall be considered as an amendment to the PUD District. In considering a "special use permit," in addition to the Zoning Ordinance's applicable section on conditional uses, all rezoning considerations for a PUD District shall be applicable.
(f) Intensity of development. The Development Plan shall contain provisions to regulate the intensity of development within the PUD District. Such provisions may apply to the project as a whole or to subareas within the project as appropriate.
(g) For non-residential development, the intensity of development may be regulated;
1. By specifying an appropriate Floor Area Ratio(s) (FAR);
2. By specifying maximum square footage or gross leasable area;
3. By specifying setbacks, height and bulk restrictions; or
4. By a combination of such restrictions for the project as a whole or for components or subareas within the project. In addition, non-residential Development Plans may specify performance standards to be imposed on the project and restrictions regarding the location and nature of industrial, commercial, and other residential activities. The City Council may impose such standards and restrictions as necessary to achieve the intent of this section. In making its determination regarding the intensity of development and appropriate performance standards, the City Council may consider character and scale of similar developments, the character and scale of surrounding development and the area in general, the real or anticipated impact on public facilities and services, and consistency with other plans and policies.
5. For residential development, the Preliminary and Final Development Plans shall specify the residential density for the project as a whole or for subareas within the project as appropriate. In making its determination regarding whether the proposed residential density is appropriate, the City Council may consider (i) compatibility of residential densities with other uses within the district as well as outside the district, (ii) the impact of residential densities on public facilities and services, (iii) the consistency with the Comprehensive Plan and other adopted plans and polices, and (iv) the comparison of allowed density under the residential zoning districts.
6. Bulk, area and height requirement. The Development Plan shall specify bulk, area and height restrictions for the project as a whole and for subareas and/or components of the project as appropriate. The City Council may impose alternate or additional standards or restrictions to achieve the intent of this section. In making its determination regarding such standards or restrictions, the City Council may consider the character and scale of the proposed development as it relates to other uses and structures both within the district and outside the district, the general character and scale of similar developments within the area of the proposal, and the consistency with adopted plans and policies. The Development Plan shall contain a summary of how the proposed bulk, area and height requirements differ from those set forth within the regulations of the underlying district(s).
7. Public facilities. The Development Plan shall specify conditions, restrictions and standards relating to the timely provisions of necessary public facilities as appropriate. The City Council may impose conditions, restrictions and standards as appropriate to achieve the intent of this Section. In making its determination regarding such conditions, restrictions and standards, the City Council may consider the adequacy of existing public facilities and services, the timely provision of adequate public facilities and services and the overall cost to the community.
8. Access to public thoroughfares. The Development Plan shall specify the location and general design of ingress and egress to the project along with access restrictions as appropriate. The City Council may impose such access standards and restrictions as necessary to protect the integrity and function of the City's thoroughfare system and to otherwise achieve the intent of this section. In making its determination regarding such access standards and restrictions, the City Council may consider the classification and function of the thoroughfare system, existing and projected traffic volumes, the condition and design of the affected thoroughfares, the effect of the proposed development on traffic flow and circulation patterns on other adopted plans and policies.
9. Off-street parking and loading requirements. Unless specifically modified by the Development Plan, the off-street parking and loading requirements contained within these regulations shall apply. Reductions in off-street parking and loading standards shall be approved only if it can be demonstrated that parking demand will be less due to density and/or occupancy characteristics of the project and/or the availability of public transportation.
10. Signs. Unless specifically modified by the Development Plan, the sign regulations contained within these regulations shall apply. Modifications to the sign regulations shall be approved only if the general intent to the sign regulations regarding size, location, illumination, structural integrity and relation to surrounding uses is satisfied.
11. Perimeter treatment. The Development Plan shall specify any special treatment of perimeter areas designed to mitigate the impact of the project upon adjoining properties and/or to achieve an appropriate transition between land uses and densities. The City Council may impose those standards and requirements for perimeter treatment it deems necessary to protect adjoining properties from adverse effects and to achieve an appropriate transition of land uses and densities.
(5) Procedure. Applications for PUD District Designation shall be processed pursuant to a three-step review process as specified in this section. The three-step procedure shall include:
(a) A suggested pre-application conference;
(b) A preliminary development plan; and
(c) A final development plan.
1. Preliminary development plan. An applicant may submit a Preliminary Development Plan, which shall contain, at a minimum, the following information:
2. A legal description of the site proposed for PUD designation, including a statement regarding present ownership and present zoning. The legal description must contain the original signature and seal of an Oklahoma registered surveyor.
3. A Master Conceptual Plan that indicates parcel, tract or lot locations and dimensions; density per gross and per net acres in the development and in each land use component, if appropriate; the intensity of land use in the development and each land use component, if appropriate; the amount of land in common area open space, recreation use or public use, if appropriate; and the treatment of project boundaries.
4. Written text which includes supporting graphics describing the overall concept of the plan; the uses included and any limitations upon uses; building types and prototypical site layouts, if appropriate; provisions for maintenance of common areas; any proposed agreements, dedications or easements; any proposed private covenants and restrictions; and any other information required by this section or pertinent to a determination of compliance with the section.
5. A Circulation Plan that indicates roads adjoining the property; the location of access from public roads into the project; and vehicular and pedestrian circulation systems within the project. The Circulation Plan may be included as part of the Master Conceptual Plan.
6. An Improvement Plan that indicates water supply and distribution facilities as well as the source of the water supply; sewage collection and disposal including method and location of sewage discharge; methods and facilities for the management of storm water runoff; improvements to streets and roads; and any other physical improvements required to support the project.
7. A Statistical Summary that indicates the number of acres in the project; the number of acres allocated to each land use within the project; the gross and net residential density within the project and within each land use component of the project; and floor area, floor area ratios, open space ratios, and other data relating the intensity of development to the site size and location.
8. An Environmental Impact Statement indicating possible problem areas within the site as well as solutions to these problems as intended by the developer.
9. To the extent that phases are applicable, phases of development must be shown on the preliminary development plan. If the development will occur in phases, the applicant shall submit a development plan that also displays the entire development at the completion of all phases. The phased development shall have the phases clearly outlined with expected dates for beginning of construction and date of completion of construction. No building permit shall be issued for any phase of development until a final development plan for that phase is approved by the City Council.
10. The following elements are optional at the request of the Planning Commission:
A. A Sign Plan which indicates the location, size and design and other pertinent provisions relating to signs within the project.
B. A Parking Plan which shows the number of parking spaces as well as their general location and design.
C. Any other plan element or technical study that the Planning Commission or the City Council deems necessary to adequately consider and review the Preliminary Development Plan.
11. The Preliminary Development Plan shall be reviewed as a zoning amendment and shall be processed as such.
12. Final Development Plan.
13. Due to diversity in size and character of proposals considered under this section, flexibility in the form, content and approval procedures of the Final Development Plan should be retained. Toward this end, the City Council shall specify, as part of its approval of the Preliminary Plan, the form, content and approval authority of the Final Development Plan.
14. If the City Council considers a submission of a Final Development Plan necessary for all or part of the District, it shall so specify in its approval of the Preliminary Development Plan. The City Council may retain its authority to approve the Final Development Plan or may delegate its approval authority to the Planning Commission or to a specified official(s). In the event the approval authority is delegated, the City Council shall specify the limits of discretion to be exercised by the approving authority.
15. No building permit shall be issued for all or any portion of a PUD District until the Final Development Plan has been approved.
16. Every Final Development Plan shall provide all the information required of a Preliminary Development Plan and shall further include grading, landscaping, lighting and signage plans.
17. Failure to commence construction after approval a PUD District
18. If substantial construction has not commenced within three years after the date of City Council approval for a PUD development, the Community Development Director shall review the development plan to determine whether the development plan should be voided or remain in effect.
19. If the Community Development Director shall determine that the development plan or any phase thereof is no longer viable, he/she shall present the matter to the Planning Commission for recommendation to the City Council. Simultaneously therewith, the Community Development Director may request the Planning Commission to review the existing zoning classification. The Community Development Director may request that the property be rezoned to that district which immediately preceded the approval of the planned district.
20. The Planning Commission shall hold a public hearing on the issue of voiding the development plan or any phase thereof and on the issue of rezoning the property, if so requested by the Director of Community Development. The recommendation of the Planning Commission shall be referred to the City Council.
21. After a public hearing, the City Council shall have the final determination as to whether the development plan or any phase thereof shall be voided or remain in effect, as well as to whether the property should be rezoned.
22. If the Community Development Director shall determine that the development plan or any phase thereof is viable or necessary to carry out the requirements of this chapter, the Community Development Director shall declare that the development plan or any phase thereof shall remain in effect; provided, however, that the Community Development Director shall report monthly to the Planning Commission detailing the plans to remain in effect.
23. Nothing stated within this section shall be deemed to prohibit an application for an amendment to or a subsequent application for a planned district.
24. Subdivision Plats and Site Plans Required. At the option of the applicant, the preliminary development plan may also serve as the preliminary plat. If the option is exercised, the plan shall include information required of preliminary plats. However, PUD Districts are to be reviewed on their individual merits upon specific application of a developer. Any conflicts with the other provisions of this Zoning and Subdivision Ordinances of the city may be waived by the City Council to carry out the intent of a plan.
(Ord. 1974, passed 8-6-19)