The intent of the Planned Unit Development district is to derive the benefits of efficiency, economy and flexibility by encouraging unified developments of a site, while also obtaining the advantages of creative site design, improved appearance, compatibility of uses, optimum service by community facilities, and better functioning of vehicular access and circulation. It is the intent of this Code to allow development of sites subject to specific regulations concerning permitted uses, but only subject to regulations concerning lot area, building coverage, yard spaces, and building height in so far as the City Council shall deem appropriate to fulfill the intent of this Code and the Comprehensive Plan. (Ord. 20-03-02, 3-2-2020)

Two types of Planned Unit Developments accommodating primarily residential or non-residential uses are allowed as follows:

   A.   PUD-R Planned Unit Development - Residential. The PUD-R district is intended to accommodate primarily residential uses, with nonresidential uses integrated into the design of such districts as secondary uses.

   B.   PUD-C Planned Unit Development - Commercial. The PUD-C district is intended to accommodate primarily non-residential uses, with residential uses integrated into the design of such districts as secondary uses. (Ord. 20-03-02, 3-2-2020)

The types of residential dwelling units, and the types of non-residential uses allowed to be established in these districts increase with increasing site size, based upon the premise that increased site size will allow proper design including functional interrelations, buffer treatments, separating uses with potentially incompatible characteristics of use, design of access pattern:, and relationship of uses within such planned unit developments with uses in adjacent districts. It is the intent of this Ordinance that such design and planning features be incorporated properly into any PUD district hereafter created, and that the Planning and Zoning Commission and City Council may consider the existence and appropriateness of such features before any amendment to the zoning map is adopted to create such a district. The permitted principal uses for various site sizes and types of PUD districts are the uses enumerated for the zoning districts listed below.

 

 

When uses for more than one district are permitted, the uses of the less restrictive district are permitted.

Accessory uses and structures may be permitted as for the least restrictive districts indicated in above for any specific site size. (Ord. 20-03-02, 3-2-2020)

No special exception actions are required to establish any specific use. Uses normally by special exception in the least restrictive districts indicated in Section 12-1320 above for any specific site size may be permitted, provided however, that the Planning and Zoning Commission and City Council shall ascertain that the affects and benefits usually derived from safeguards and conditions normally imposed upon special exceptions will substantially be met by the terms of the proposed planned unit development. (Ord. 20-03-02, 3-2-2020)

All uses not specifically permitted as principal or accessory uses or special exceptions for the least restrictive districts indicated in Section 12-1320 above for any specific site size are prohibited in a PUD district. (Ord. 20-03-02, 3-2-2020)

No minimum lot area is required for any specific structure, however, minimum site size to accommodate specific uses shall be erected within twenty-five (25) feet of any external lot line of any planned unit development, except for PUD of one or less where a ten (10) feet setback from external lot lines shall be observed. Minimum lot width, yard sizes, floor area ratio, and maximum height are not otherwise regulated within PUD districts, provided however, that the Planning and Zoning Commission and City Council ascertain that the characteristics of the building sites shall be appropriate as related to structures within the planned unit development and otherwise fulfill the intent of this Code and the Comprehensive Plan. (Ord. 20-03-02, 3-2-2020)

All PUDs should be of an intensity of development which does not exceed that set forth for the site in the Comprehensive Plan. (Ord. 20-03-02, 3-2-2020)

The PUD-R districts in which commercial uses are permitted, the site area and total gross area of such commercial uses shall not exceed the percentages listed below as related to gross floor area of all structures within the PUD at any time.

 

 

Off-Street Parking and Loading spaces for any specific use shall be provided in conformance with the requirements of Chapter 14 Off-Street Parking and Loading Requirements. Required spaces may be provided on the lot containing the dwelling units or other uses for which it is designed and located so as to be accessible to the use it is intended to serve. Provisions for the ownership and maintenance of common parking areas adequate to, insure its continuity and conservation, shall be incorporated in the subdivision plat, and in compliance with the provisions of Section 1690.3 (e) below. (Ord. 20-03-02, 3-2-2020)

   12-1390.1 General

The public interest in adequate site design, access, and community facilities and amenities will be primarily to the PUD request.

The establishment of a PUD district shall be by amendment to the zoning map, accompanied by certain sureties that the development will be in harmony with the intent of this Code; and, will be defended. Application for amendment to establish a PUD district shall be subject to the provisions in Chapter 19 , and in addition, the procedures described below shall apply. It is the intent of this Ordinance that the public interest will be served not only by consideration of those specific criteria set forth herein, but also by consideration of the total anticipated effect of the planned unit development upon the community at large.

The provisions of the PUD district represent an option for appropriate quality design, and in return for a degree of design flexibility granted thereby, the applicant for amendment to PUD district classification, by requesting the PUD designation and making application therefore shall agree to furnish information about the proposed development, and later to abide by certain conditions and safeguards as may be imposed by the City Council in establishing such developments. To that end the regulations set forth herein are minimum requirements and it is the intent of this Code that the City Council may impose conditions and safeguards in excess of or in addition to the specific requirements set forth herein, and that guarantee of meeting the minimum requirements set forth herein does not per se create an indication that an applicant should be entitled to such an amendment, and notice is hereby given to that effect.

   12-1390.2 Pre-application Conference

The applicant is encouraged to communicate his intentions to establish a Planned Unit Development, and the proposed characteristics thereof. The Planning and Zoning Commission and its staff prior to initiating an application for amendment may hold a pre-application conference. The intent of the conference is for the benefit of the applicant as to avoid undue delay in the review process after initiating such an application, and in order to facilitate review of materials which may be in preliminary form, and in order to avoid unnecessary expense in pre-application of materials in final form which may later be found to be unacceptable or incomplete.

   12-1390.3 Site Development Plan

The applicant shall submit a site development plan to the Planning and Zoning Commission and City staff for review which shall be similar in content and format to a preliminary plat required for review by the Subdivision Regulations of the City of Eufaula, Oklahoma. In addition, the site development plan shall provide the following graphic and written information:

   A.   The Site Plan shall show:

      1.   Proposed location of uses, including off-street parking, open spaces and public uses;

      2.   Public and private vehicular and pedestrian circulation;

      3.   The approximate intensity of residential uses expressed in number of dwelling units and the approximate intensity of non-residential uses expressed in floor area, allocated to each identifiable segment of the Planned Unit Development;

      4.   Proposed screening and landscaping;

      5.   Proposed location, height and size of any ground sign;

      6.   Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed;

      7.   Other information the Planning and Zoning Commission or City staff may deem necessary to properly evaluate the proposal.

   B.   Written information shall include:

      1.   An explanation of the character of the PUD;

      2.   The expected schedule of development, including all phasing;

      3.   In a proposed PUD-R the number of acres devoted to residential, commercial, industrial and other non-residential uses to assure compliance with Section 12-1370 above;

      4.   Development standards for the location, height, setback and size of buildings and other structures;

      5.   Other information the Planning Commission or its staff may deem necessary to properly evaluate the proposal.

   C.   Planning and Zoning Commission Action. After the public hearing as provided for in Chapter 19, the Planning and Zoning Commission shall make its recommendation to the City Council. In making its recommendation the Planning and Zoning Commission shall consider at least the following factors:

      1.   Whether the PUD is consistent with the Comprehensive Plan;

      2.   Whether the PUD harmonizes with the existing and expected development of surrounding areas;

      3.   Whether the PUD is a unified treatment of the development possibilities of the project site;

      4.   Whether the PUD is consistent with the stated purposes and standards of this Section.

   D.   City Council Action. Upon receipt of the application, the site development plan with specific information as required under Section 12-1390.3 (c) above, and Planning and Zoning Commission recommendation, the City Council shall hold a hearing and review the proposal according to the procedures outlined. Upon approval of the application by the City Council, the zoning map shall be amended to reflect the zoning designation PUD as appropriate, and the applicant shall be authorized to process a subdivision plat incorporating the provisions of the approved specific site development plan.

   E.   Planned Unit Development Plat. A Planned Unit Development subdivision plat shall be filed with the Planning and Zoning Commission and shall be processed in accordance with the Subdivision Regulations, and, in addition to the requirements of the Subdivision Regulations shall include:

      1.   Details as to the location of uses and street arrangement.

      2.   Provisions for the ownership and maintenance of the common open space adequate to reasonably insure is continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the City Council after the recommendation of the Planning and Zoning Commission.

      3.   Such covenants adequate to reasonably insure that continued compliance with the approved site development plan. The Planning and Zoning Commission and the City Council may require covenants which provide for detailed site plan review and approval by the City Council prior to the issuance of any building permits within the PUD. In order that the public interest may be protected, the City of Eufaula shall be made beneficiary of covenants pertaining to such matters as location of uses, height of structures, setbacks, screening and access. Such covenants shall provide that the City of Eufaula may enforce compliance therewith, and shall further provide the amendment of such covenants shall require the filing of a record of written amendment to the covenants approved by the Planning and Zoning Commission and the City Council.

   F.   Issuance of Building Permits. After the filing of an approved PUD subdivision plat and the submittal of a detailed development schedule including specifics about the phasing of development and the percentage of construction to be completed before the platting of a particular phase, to be at the discretion of the City Council, and notice to the Building Inspector, no building permits shall be issued on lands within the PUD except in accordance with the approved plat and development schedule.

   G.   Amendments of a PUD. Minor changes in the PUD may be authorized by the Planning and Zoning Commission and the City Council which may direct the processing of an amended subdivision plat, incorporating such changes, so long as a substantial compliance is maintained with the site development plan and the progress and standards of the PUD provisions hereof. Changes which would represent a significant departure from the site development plan shall require compliance with the notice and procedural requirements of an original Planned Unit Development. It shall be the duty of the City Manager to determine whether any specific request shall be considered a major or minor change, but this decision may be reversed when reviewed by the Planning and Zoning Commission and the City Council. If it is determined that a major change is requested then a new application will be processed in accordance with the provisions of Chapter 19 of this Ordinance.

   H.   Failure to Begin, Complete or Make Adequate Progress. If there is failure to begin, complete, or make adequate progress as agreed upon in the approved site development plan, detailed development schedule and subdivision plat, after the recommendation of the Planning and Zoning Commission, the City Council may change the zoning classification of the planned unit development in accordance with the provisions of Chapter 22, and thus terminating the right of the applicant to continue development or may initiate action to charge the developers with specific violation of this Code subject to the penalties set forth or any appropriate combination of the above.

   I.   Abandonment. Abandonment of a Planned Unit Development shall require the City Council approval, after recommendation by the Planning and Zoning Commission, of an application for amendment to the zoning map repealing the zoning designation of a PUD-R or PUD-C, as appropriate. At the same time the City Council, after recommendation by the Planning and Zoning Commission and appropriate public notice and hearing shall design a new zoning district designation to the land previously in the PUD.

   J.   Fee. At the time application is made to the City of Eufaula such application will be accompanied by a fee as set by resolution by the City Council in the fee schedule. (Ord. 20-03-02, 3-2-2020)