A.

The purpose of the regulations, standards, and criteria contained in this chapter is to provide an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this chapter. The objective of the Planned Development is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations. The end result can be a product which fulfills the objectives of the Muskogee Comprehensive Plan and planning policies of the City while departing from the strict application of the use and bulk regulations of the zoning title. The Planned Development is intended to permit and encourage such flexibility and to accomplish the following purposes:

1.

To stimulate creative approaches to the commercial, residential and commercial/mixed-use development of land.

2.

To provide more efficient use of land.

3.

To preserve natural features and provide open space areas and recreation areas in excess of that required under existing zoning regulations.

4.

To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities.

5.

To unify building and structures through design.

6.

Promotion of long term planning pursuant to the Comprehensive Plan, which will allow harmonious and compatible land uses or combination of uses with surrounding areas.

B.

The development of City owned buildings and property shall be exempt from the requirements of this section.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

To fulfill the intended purpose of this district, single-family residential developments greater than twenty-five (25) acres and all other developments greater than ten (10) acres shall be developed as a Planned Development in accordance with this chapter, unless exempt by the Planning Director. Additionally, any development within the Central Business District may apply for approval as a Planned Development.

B.

Each Planned Development should be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a Planned Development upon an already existing Planned Development except to the extent such Planned Development has been approved as part of a development master plan.

C.

The burden of providing evidence and persuasion that any Planned Development is necessary and desirable shall in every case rest with the applicant.

D.

Buildings and uses or combinations of uses within a Planned Development shall be limited solely to those approved as part of a Planned Development permit; provided, however, that any buildings and uses or combinations of uses in compliance with a development master plan approved as part of a Planned Development permit may be approved by the City Council.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the City only in direct response to the accrual of tangible benefits from the Planned Development to the City or the neighborhood/area in which it would be located. These benefits shall be in the form of exceptional amenities, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. In reviewing an application for a Planned Development, the Planning Commission and/or the City Council, as the case may be, shall be required to make certain findings based on the following standards.

A.

Required Findings. No application for a Planned Development shall be approved unless all of the following findings are made about the development:

1.

Comprehensive Plan. The Planned Development shall conform with the general planning policies of the City as set forth in the Comprehensive Plan.

2.

Public Welfare. The Planned Development shall be so designed, located and proposed to be operated and maintained that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare.

3.

Impact on Other Property. The Planned Development shall not be injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted in the district, shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood and shall be consistent with the goals, objectives, and policies set forth in the Comprehensive Plan, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity.

4.

Impact on Public Facilities and Resources. The Planned Development shall be so designed that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it at the cost of the developer in accordance with the Subdivision Regulations.

5.

Archaeological, Historical or Cultural Impact. The Planned Development shall not substantially adversely affect a known archaeological, historical, or cultural resource located on or off of the parcel proposed for development.

6.

Parking and Traffic. The Planned Development shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, provides appropriate cross access to adjacent properties and parking areas, and provide adequate access for emergency vehicles.

7.

Adequate Buffering. The Planned Development shall have adequate landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties.

8.

Signage. Any signage on the site of the Planned Development shall be in conformity with the Sign Regulations.

B.

Modification Standards. In addition to the findings required above, the following standards shall be utilized in considering applications for modifications of the conventional zoning and subdivision regulations for a Planned Development. These standards shall not be regarded as inflexible, but shall be used as a framework by the City to test the quality of the amenities, benefits to the community, and design and desirability of the proposal.

1.

Integrated Design. A Planned Development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.

2.

Beneficial Common Open Space. Any common open space in the Planned Development shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main building(s) and not be of isolated or leftover character. The following would not be considered usable common open space:

a.

Areas reserved for the exclusive use or benefit of an individual tenant or owner.

b.

Dedicated streets, alleys and other public rights-of-way.

c.

Vehicular drives, parking, loading and storage area.

d.

Irregular or unusable narrow strips of land less than fifteen feet (15') wide.

3.

Functional and Mechanical Features. Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the Planned Development and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

4.

Visual and Acoustical Privacy. The Planned Development shall provide reasonable visual and acoustical privacy for each dwelling unit. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.

5.

Energy Efficient Design. A Planned Development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, and landscaping design capable of reducing energy consumption within the Planned Development.

6.

Drives, Parking and Circulation. Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties.

7.

Surface Water Drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

Notwithstanding any limitations on variations which can be approved as contained elsewhere in the Zoning Regulations, site development allowances, i.e., deviations or variations from the underlying zoning provisions set forth outside this chapter may be approved provided the applicant specifically identifies each such site development allowance and demonstrates how each such site development allowance would be compatible with surrounding development, is in furtherance of the stated objectives of this section, and is necessary for proper development of the site.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The following steps are provided to assure the orderly review of every Planned Development application in a timely and equitable manner.

B.

An application for a Planned Development may only be filed by one who has an ownership interest or the agents thereof; or any contract purchaser or anyone holding an option to purchase the parcel of land on which the use or combination of uses is to be located.

C.

Applications for a Planned Development shall be filed with the Planning Director in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by the City. Every application shall contain, at a minimum, the following information and related data:

1.

The names and addresses of the owner, or owners if more than one, of the subject property.

2.

A statement from the owner of the subject property, if not the applicant, approving of the filing of the application by the particular applicant.

3.

A survey of, and legal description and street address for the subject property.

4.

A statement indicating compliance of the proposed Planned Development with the Comprehensive Plan; and evidence of the proposed project's compliance in specific detail with each of the "Standards for Review" in Section 90-05-03 for Planned Developments.

5.

A scaled site plan showing the existing contiguous land uses, natural topographic features, zoning districts, public thoroughfares, transportation and utilities.

6.

A scaled site plan of the proposed Planned Development showing lot area, the required yards and setbacks, contour lines, common space, and the location, floor area ratio, lot area coverage and heights of buildings and structures, number of parking spaces and loading areas.

7.

Schematic drawings illustrating the design and character of the building, elevations and types of construction of all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and building area of all uses or combinations of uses, and the building area of the entire development. Single-family detached residential structures are excluded from the schematic drawing requirements of this section.

8.

A landscaping plan showing the location, size, character and composition of vegetation and other material.

9.

The substance of easements, and other restrictions existing and any to be imposed on the use of land, including common open space, and buildings or structures.

10.

A schedule of development showing the approximate date for beginning and completion of each stage of construction of the Planned Development.

11.

A professional traffic study acceptable to the City may be required, showing the proposed traffic circulation pattern within and in the vicinity of the area of the Planned Development, including the location and description of public improvements to be installed, and any streets and access easements.

12.

A professional economic analysis acceptable to the City, including the following:

a.

The financial capability of the applicant to complete the proposed Planned Development;

b.

Evidence of the project's economic viability; and

c.

An analysis summarizing the economic impact the proposed Planned Development will have upon the City.

13.

Copies of all environmental impact studies as required by law.

14.

An analysis setting forth the anticipated demand on all City services.

15.

A plan showing off-site utility improvements required to service the proposed Planned Development, and a report showing the cost allocations and funding sources for those improvements.

16.

A site drainage plan for the proposed Planned Development.

17.

A photometric/lighting plan for the proposed Planned Development.

D.

Every application must be accompanied by the fee set out in Appendix "A" in such amount as established from time to time by the City Council to defray the costs of providing notice. Additional materials may be required during the review of a proposed Planned Development if determined necessary by the Planning Commission or the City Council.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Approval of the Planned Development permit by the City Council authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the City may require for the proposed Planned Development. The Planning Department shall review applications for these permits for compliance with the terms of the Planned Development permit granted by the City Council. No building permit shall be issued for development which does not comply with the terms of the Planned Development permit.

B.

The City Council shall direct the Planning Director to revise the Official Zoning Map to reflect the existence and boundaries of each Planned Development.

C.

Subject to subsection G below, an approval of a Planned Development permit by the City Council shall be null and void if the recipient does not file an application for a building permit relative to the proposed Planned Development within twelve (12) months after the date of adoption of the ordinance approving the Planned Development permit.

D.

Subject to subsection G below, an approval of a Planned Development permit by the City Council shall be null and void if construction has not commenced within twelve (12) months, and is not completed within thirty (30) months after the date of adoption of the ordinance approving the Planned Development permit.

E.

Subject to subsection G below, an approval of a Planned Development permit with a phasing plan shall be null and void if construction has not commenced or is not completed in accordance with the terms of that phasing plan.

F.

An approval of a Planned Development permit with a master development plan shall be null and void if construction has not commenced or is not completed in accordance with the terms and conditions contained in the development master plan.

G.

An extension of the time requirements stated in subsections C, D, and E of this Section may be granted by the City Council for good cause shown by the applicant, provided a written request is filed with the City Clerk at least four (4) weeks prior to the respective deadline.

H.

No application for a Planned Development which was previously denied by the City Council shall be considered by the Planning Commission or the City Council if it is resubmitted in substantially the same form and/or content within six (6) months of the date of such prior denial. In this regard:

1.

The Planning Director shall review the application for a Planned Development and determine if the application is or is not substantially the same. An applicant has the right to request a hearing before the City Council to appeal the determination of the Planning Director that the application is substantially the same, provided a petition for appeal is filed in writing with the City Clerk within ten (10) days of the Planning Director's determination.

2.

The City Council shall affirm or reverse the determination of the Planning Director, regarding whether the new application is in substantially the same form, within thirty (30) days of receipt of a petition for appeal.

3.

If it is determined that the new application is not substantially in the same form, then the applicant shall be entitled to continue with the application process and have it reviewed in accordance with the provisions of the Zoning Regulations.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Except as provided in subsection B below, relating to minor changes to the Planned Development permit, any modifications to an approved Planned Development permit or any addition to or expansion of an existing Planned Development permit shall require separate review and approval under the provisions of the Zoning Regulations.

B.

A minor change is any change in the site plan or design details of an approved Planned Development permit which is consistent with the standards and conditions applying to the Planned Development permit and which does not alter the concept or intent of the Planned Development. A minor change shall not increase the Planned Development's density, increase the height of buildings, reduce open space, modify the proportion of housing types, change or add new parking areas, alter alignment of roads, utilities or drainage, amend final development agreements, provisions or covenants, or provide any other change inconsistent with any standard or condition imposed by the City Council in approving the Planned Development permit. Said minor change may be approved by the Planning Director without obtaining separate approval by the City Council. In addition, the City Council may, after reviewing the request for a minor change made by the applicant, direct the Planning Director to process the request other than as a minor change.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)