PLANNED UNIT DEVELOPMENT2
State Law reference— Planned unit developments, 11 O.S. § 43-110 et seq.
The Planned Unit Development (PUD) and Simplified Planned Unit Development (SPUD) are specialized zoning districts defined in Article II. Definitions of this chapter. The PUD and SPUD are intended to maximize flexibility and innovation in development by utilizing area-sensitive site planning and design to achieve a desirable mixture of compatible land use patterns that include elements such as efficient pedestrian and vehicular circulation systems, enhanced residential amenities, and allowances for the provision of usable open space.
14100.1. Purpose and Intent. The purpose and intent of the Planned Unit Development and Simplified Planned Unit Development provisions are to:
A.
Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use and assuring compatibility with adjoining and proximate properties.
B.
Permit flexibility within the development to maximize the unique physical features of the particular site.
C.
Encourage efficient use of land in the placement and clustering of buildings and open areas, provision of circulation systems that achieve greater connectivity, and the conservation of natural features, natural topography, wooded areas, areas of historic significance, and environmentally sensitive areas.
D.
Achieve a continuity of function and design within the development, encourage diversified living environments and land uses and provide a development framework that will create, strengthen and/or enhance a strong sense of neighborhood and community character.
E.
Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development, and protect the health, safety and welfare of the community.
14100.2. Goals and Objectives. The PUD or SPUD shall achieve the following land use objectives:
A.
Minimize adverse effects upon surrounding property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare.
B.
Contribute to the revitalization and/or redevelopment of areas where decline of any type has occurred.
C.
Promote infill development that is compatible and harmonious with adjacent uses, both existing and planned.
D.
Maintain consistency with the City's comprehensive plan, this chapter, and other applicable plans, policies, standards and regulations.
E.
Provide development that contributes more to the general prosperity, health, safety and welfare of the community than would otherwise be provided through the standard development process.
14100.3. Appropriate Use of PUD and SPUD.
A.
The PUD and SPUD are appropriately used when flexibility is required that is not allowed under the zoning code in return for a coordinated development that provides greater public benefits, as outlined in the Purpose and Intent, that are not otherwise part of the development process.
B.
The PUD and SPUD are design and planning tools that are not to be used to circumvent policies or used in lieu of seeking variances to regulations.
C.
Rezoning to a PUD or SPUD within a special design district or design overlay district may be appropriate in cases where a use or a mix of uses within the design district is prohibited, but may be appropriate to a specific site. Where rezoning is proposed within a special design district or design overlay district, the PUD or SPUD should:
(1)
incorporate the development regulations and guidelines of the design district; and
(2)
be subject to the design review process for the design district.
14100.4. Preliminary Review. Applicants are encouraged to request preliminary review by staff prior to formal submittal for rezoning to a SPUD or PUD. Preliminary review is most effective at the conceptual design phase, so that traffic, circulation, drainage, infrastructure, and other contextual impacts of the proposal may be considered for conformance with the comprehensive plan, and applicable policies, guidelines, and regulations.
A PUD or SPUD may be authorized by an amendment to the Official Zoning Districts Map after public hearings by the Planning Commission and City Council, provided it complies with the following requirements.
A.
Location and Uses. A PUD or SPUD shall be considered a special zoning district, and may be authorized for any use, or combination of uses, permitted in this Chapter.
B.
PUD/SPUD Requirements. The basis for review and approval of a PUD or SPUD application shall be the Design Statement, Master Development Plan Map, and related exhibits, which shall be adopted as a part of the rezoning ordinance, in conformance with the requirements described in these regulations.
(1)
Design Statement.
(a)
PUD Design Statement. The PUD Design Statement shall be a written report containing a minimum of the following elements:
1.
Title of the PUD.
2.
List of the owners and/or developers (including contact information, and e-mail address(es)).
3.
Statements on the PUD's general location and its relationship to adjoining land uses (both existing and proposed), and how the PUD complies with the policies of the comprehensive plan.
4.
The existing PUD districts in the development area and the surrounding area.
5.
A description of the proposed development, including a legal description of the property, and the approximate phases and sequence in which the development is proposed to be built, if any.
6.
Definitions of the land-use designations, including density ranges and product types for residential development shown on the Master Development Plan Map required by this section, including proposed restrictions, and typical site layouts.
7.
A table setting the minimum and maximum total dwelling units and non-residential square footage, and the minimum acreage for common open space, natural resource areas, public uses, and any other planned uses.
8.
A description of residential and mixed-use neighborhoods; commercial, office, and research development uses; common open space, natural resource areas, public buildings, schools, and other public uses, and any other proposed uses.
9.
A list of all development regulations that will be applied, including conventional zoning district regulations, requested variations to the subdivision regulations, and any other special development regulations.
10.
A statement on the existing and proposed streets, including right-of-way standards and street design concepts.
11.
A description of the following physical characteristics of the existing site: elevation, slope analysis, soil characteristics and tree cover.
12.
Drainage information describing the basic stormwater management method(s), and referencing any F.E.M.A. 100-year floodplains, floodways, or other areas where a Letter of Map Revision is requested.
13.
A statement of utility lines and services to be installed, including which lines will be dedicated to the City and which will remain private.
14.
A statement specifying the number, type, height and display area of signs.
15.
A description of lighting for the development.
16.
A description of trash collection facilities for the development.
17.
A description of sidewalks, pedestrian paths and bikeways within the development.
18.
A description of screening and landscaping for the development, including any required buffering as referenced by Article XI, Landscaping and Screening Regulations, of this chapter. (Screening and landscaping shall be subject to the current landscape ordinance in effect at time of development.)
19.
A statement describing the guarantees and assurances to be provided for the perpetual maintenance of common open space, drainage areas, recreation areas, sidewalks, parking, private streets, and other privately owned but common facilities serving the project.
20.
A statement describing any platting requirements for the PUD.
(b)
SPUD Design Statement. The SPUD Design Statement shall be a written report containing a minimum of the following elements:
1.
Identify the base zoning district(s) governing the SPUD, not to exceed two development tracts and two base zoning districts.
2.
List the permitted Use Unit Classifications in the SPUD (Chapter 59, Article VIII, Section 8100.4).
3.
A statement establishing the maximum height of all buildings.
4.
A statement establishing maximum size of all buildings.
5.
A statement limiting the number of all buildings.
6.
A statement specifying the front, side and rear yard requirements.
7.
A description of the sight-proof screening requirements.
8.
A description of the site landscaping. (Screening and landscaping shall be subject to the current landscape ordinance in effect at time of development.)
9.
A statement specifying the number, type, height and display area of signs.
10.
A statement providing the number and location of all access drives.
11.
A description and location of all public and private sidewalks.
12.
A description of the proposed architecture of all buildings including building materials.
13.
A statement indicating the percent of open space on the site.
14.
A description of all street improvements proposed within or adjacent to the site.
15.
A description of the proposed site lighting.
16.
The number, location and screening requirements of all trash receptacles.
17.
A description of the parking facilities to be provided.
18.
A statement describing the guarantees and assurances to be provided for the perpetual maintenance of common open space, drainage areas, recreation areas, sidewalks, parking, private streets, and other privately owned but common facilities serving the project.
(c)
PUDs/SPUDs and Special Design Districts. If the PUD or SPUD is proposing to rezone from within a special design district or design overlay district, in addition to the requirements listed for the Design Statement in this chapter, the following shall be provided:
1.
Statement describing the incorporation of any development regulations and guidelines of the design district into the PUD or SPUD and whether the PUD or SPUD will be subject to the design review process.
2.
Description of how the PUD or SPUD integrates into the context of surrounding neighborhoods by describing the architectural style and uses of existing and proposed structures within the same block and immediate neighborhood.
3.
Description of how the PUD or SPUD will be compatible with the placement and amenities of adjacent structures in regard to setbacks, orientation, height, and landscaping/screening.
(2)
Master Development Plan Map.
(a)
PUD Master Development Plan Map. The PUD Master Development Plan Map shall be a graphic representation of the development plan for the area, drawn at an appropriate scale, at a maximum of one inch equals 100 feet, on one or more by 24-inch by 36-inch sheet(s). The purpose of the map is to conceptually portray the development commitments described in the PUD Design Statement. The complexity of the map information will depend upon the number and extent of varied land uses in the PUD. The PUD Master Development Plan Map shall be submitted in accordance with the following:
1.
Existing Conditions.
i.
General location and acreage in the PUD.
ii.
Sufficient information, including density of the surrounding area, to demonstrate the relationship of the PUD to adjoining land uses, existing or proposed.
iii.
Topography on five foot contours.
iv.
Common open space and natural resource areas on the site and connected to adjacent sites, such as native rock outcroppings, steep slopes, environmentally sensitive lands, wildlife habitats, stream corridors, and significant vegetation, including tree canopy and healthy mature trees.
v.
Specific location of right-of-way widths of adjacent arterial streets, and connectivity points with adjacent sites.
vi.
Areas where access to streets will be limited, and the number where appropriate.
vii.
Delineation of F.E.M.A. 100-year floodplain and floodway, if applicable.
2.
Proposed PUD Elements.
i.
Land use designations for each distinct use in the PUD, including the identification of any public buildings, schools, and other public uses.
ii.
Public circulation system, including the general location of collector and local streets, pedestrian paths and bikeways.
iii.
General location of proposed pedestrian and bicycle linkages between adjacent properties, showing points of connectivity with the circulation system and to public transportation stops.
iv.
General location of parking areas.
v.
General location of proposed open space, common areas, drainage and recreation areas.
vi.
General location of landscaping in common areas, parking areas, and landscape buffering as required by Article XI, Landscaping and Screening Regulations, of this Chapter.
(b)
SPUD Master Development Plan Map. The SPUD Master Development Plan Map shall be drawn to a standard engineering scale and shall contain the following information:
1.
North arrow.
2.
All property lines.
3.
All adjacent street and alley rights-of-way, showing the centerline of each, and any street names.
4.
The location of driveway approaches.
5.
The off-street parking and maneuvering arrangement.
6.
The location of existing and proposed buildings.
(3)
Related exhibits. Any other pertinent information/exhibits necessary for review, approval and administration of the PUD or SPUD.
C.
Application Process.
(1)
Upon receipt of a completed application and application fee for the PUD or SPUD, staff shall transmit the application and all supporting material to the various City departments involved with the review process, and to appropriate officials or agencies of the City, County, adjoining counties or municipalities, school and special districts, and other official bodies as deemed necessary or mandated by law, including any review required by regional or State bodies under applicable State or Federal law.
Each department, official, agency, or other official body shall consider all pertinent information and shall provide staff with a report of their findings, comments and recommendations in sufficient time for said findings, comments and recommendations to be incorporated into the Planning Commission Staff Report.
(2)
Upon final approval by the City Council of the PUD/SPUD Design Statement, Master Development Plan Map and the subsequent ordinance of rezoning, the PUD/SPUD shall become a part of the Official Zoning Districts Map. The ordinance of rezoning shall adopt the PUD/SPUD Design Statement and Master Development Plan Map by reference, and it shall be attached to said ordinance and become a part of the official records of the City.
(3)
The PUD/SPUD Design Statement and Master Development Plan Map shall control the use and development of the property, and all building permits and development requests shall be in accord with said Design Statement and Master Development Plan Map until it is otherwise amended by Section 59-14250 (Modifications to PUD or SPUD) of the Code or by the City Council.
(4)
Approval of the PUD/SPUD zoning district and related Design Statement and Master Development Plan Map shall establish the basic uses, locations, densities, and intensities for the PUD/SPUD. However, for all Planned Unit Developments, site plans and building and occupancy permits for specific uses and buildings shall not be authorized until a Specific Plan has been approved for all or part of the land area covered by the PUD.
D.
Application for PUD Specific Plan. A Specific Plan shall be submitted for review and approval by the Planning Commission at a regularly scheduled public hearing for the entire area or a phased portion of the property included in the PUD prior to approval of site plans and building permits for any structure or building. The Specific Plan shall be drawn at an appropriate scale, at a maximum of one inch equals 100 feet, on one or more 24-inch by 36-inch sheet(s). specific plans shall include the following information:
(1)
A summary showing how the Specific Plan conforms to the Design Statement and Master Development Plan Map, the total dwelling units in the Specific Plan by type, the square footage of non-residential uses, and a parking calculation of the required and provided spaces by use.
(2)
All elements of the Master Development Plan Map shall be incorporated into the Specific Plan, with additional detail as follows:
(a)
A preliminary site plan for each building site in the Specific Plan.
1.
Lot layouts for residential uses and for single-family dwellings, a typical site plan can be included.
2.
Preliminary site plans shall show areas to be developed, landscaped and paved, and existing and proposed buildings indicating:
i.
The maximum and minimum distances between buildings, between building and property or building site boundaries.
ii.
Percentage of building coverage.
(b)
Preliminary elevations for all proposed structures. They shall indicate building heights, materials, colors, and the general appearance of proposed structures.
(c)
A parking and loading plan.
(d)
Preliminary landscape plan.
(e)
Fencing, trash disposal, and related storage areas.
(f)
Sign program and sign design and dimensions.
(3)
If the PUD is within a special design district or design overlay district and is subject to design review, additional information shall be submitted to the level of detail required for design review within the respective district(s).
(4)
Submittal of a Specific Plan may be waived if any of the following conditions are met:
(a)
The site is to be utilized as currently developed. The PUD proposes no new buildings or parking; or
(b)
The proposed use is agricultural or recreational in nature, where no structures or few incidental structures totaling no more than 2,000 square feet are proposed; or
(c)
All items listed in Section 59-14150.C are included in the PUD application.
14200.1 Purpose. Because the PUD and SPUD provide the opportunity for greater design flexibility, mixed land uses and improved marketability, the applicant should be prepared to provide amenities and services that might not be required or possible in a conventional development. Review and approval is, therefore, a process of negotiation between the City and the applicant to achieve the intent and purpose of these regulations and the City's Comprehensive Plan.
The factors within this section should be specifically included as review criteria for the evaluation of a PUD or SPUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.
14200.2 Design Standards.
A.
The proposed PUD or SPUD shall be designed to provide for the unified development of the area in accordance with the directions, spirit and purpose of the City's Comprehensive Plan, and the land uses and zoning districts adjacent to it.
B.
Design of the PUD or SPUD may provide for modification of conventional chapter requirements for elements such as yard area, density, setback and height on individual lots, in accordance with the PUD or SPUD Design Statement and Master Development Plan Map.
C.
Density, land use and intensity of use requirements shall be based on the PUD or SPUD Design Statement and Master Development Plan Map and shall be reviewed carefully for conformance with the comprehensive plan.
D.
Building, Plumbing, Mechanical or Electrical Code requirements shall not be amended in the design of a PUD or SPUD.
E.
The maximum number of dwelling units within a PUD or SPUD shall be based on calculation of gross density, which shall be established in the PUD or SPUD Design Statement and Master Development Plan Map. Gross density shall be calculated by dividing the total land area of a residential tract, exclusive of arterial streets, by the number of dwelling units.
F.
Location and type of housing shall be established in a general pattern and shown on the Master Development Plan Map (where applicable).
14200.3 Minimum Design and Construction Standards for Streets and Alleys. Streets and alleys for both urban and non-urban PUDs and SPUDs shall be designed and constructed in accordance with City standards and specifications for right-of-way width and paving cross-sections. If modifications are proposed they shall be consistent with the following criteria and must be companion with the appropriate subdivision plat.
A.
Public Streets and Alleys. Proposed public street and alley modifications shall satisfy the following criteria:
(1)
Street right-of-way and paving widths shall be adequate to provide a traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street and the land uses served.
(2)
Paving cross-sections shall be designed to be adequate to provide acceptable drainage in conformity with the drainage plan for the PUD or SPUD, to receive loading commensurate with anticipated traffic, based on the design of the overall street system, and to have a maintenance level commensurate with that of facilities constructed to regular standards.
B.
Private Streets and Alleys. Proposed private street and alley modifications shall satisfy the criteria for public facility modifications listed above, and the owner/applicant shall provide any ongoing and long-term maintenance of private street and alley facilities that will not be provided by the City.
14200.4 General Design and Development Guidelines.
A.
Density. Proposed residential densities should conform with the City's Comprehensive Plan and should be allocated in a manner, and at a scale, that will be compatible with adjacent developed neighborhoods.
B.
Amenities. Amenities should be considered an important justification for development and City approval of a PUD or SPUD. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, usable open space should be furnished, along with provisions for its permanent retention and continued maintenance. Sidewalks and pedestrian ways should be planned where necessary to provide for both an amenity and public safety.
C.
Relationship to Abutting Uses.
(1)
The Master Development Plan Map shall show the relationship of the PUD to abutting properties such as commitments to landscaping, screening, earthen berms or similar techniques to:
(a)
Create a visual transition of landscaping to adjoining lots and developments.
(b)
Screen incompatible uses.
(c)
Minimize any negative impact of the development on adjacent sites and roadways.
(2)
It is appropriate to specifically establish areas with height limitations where a transition to more intense uses, or where a higher intensity development abuts a lower intensity area, is proposed.
(3)
Where a PUD or SPUD proposes a mix of uses which would generally be incompatible with a conventional development, the PUD or SPUD Design Statement should specifically establish appropriate guidelines to assure harmonious development.
D.
Site Design.
(1)
Arrange structures and buildings on the site to:
(a)
Complement existing development on adjacent properties by similar placement and proportion of building form(s).
(b)
Screen undesirable views, such as service areas and trash receptacles, from pedestrian views and public streets.
(2)
Demonstrate that the arrangement of open space or natural features on the site will create desirable and functional environments for patrons, pedestrians and occupants by:
(a)
Preserving unique natural resources such as significant vegetation, watercourses, or native rock outcroppings, where possible.
(b)
Providing protection to preserve existing healthy, mature trees where they exist.
(c)
Respecting desirable natural resources on adjacent sites.
(d)
Promoting the use and preservation of existing natural watercourses and patterns of stormwater disposal in the design of drainage facilities, where allowable.
E.
Safety.
(1)
Conform to Crime Prevention Through Environmental Design principles by:
(a)
Providing convenient, safe, well marked and direct routes for pedestrian connections from the public street to building entrances;
(b)
Providing pedestrian scaled lighting for pedestrian circulation and visibility;
(c)
Providing effective lighting for vehicular traffic that does not overwhelm the quality of pedestrian lighting;
(d)
Framing open space with buildings that visually contain and provide for natural surveillance;
(e)
Providing for visibility around structures, screens, fences or enclosures to avoid the creation of areas of concealment.
(2)
Provide site illumination that is designed, located, and installed to achieve specific average footcandles in order to provide safe pedestrian and vehicle circulation as well as minimize adverse impacts on adjacent properties. This standard shall apply to light poles and/or wall mounted luminaries for all areas within the site to achieve the following standards:
(a)
Provide site illumination to achieve a maintained average of three footcandles (not less than .75 footcandles) throughout all parking areas;
(b)
Provide site illumination to achieve a maintained average of six footcandles (not less than 1.5 footcandles):
1.
Along pedestrian walkways and common areas;
2.
Within areas of concealment in need of visual access;
3.
At all building entries and exits.
(c)
Provide site illumination that is designed, located, and installed in a manner to minimize light trespass on adjacent properties by utilizing cutoff luminaries, house-side shields, and/or light-limiting accessories where needed.
F.
Circulation Systems.
(1)
Organize circulation systems within the site to:
(a)
Provide adequate and safe pedestrian and vehicular circulation by defining walkways and distinguishing areas of foot traffic from vehicular movement using methods such as crosswalks and pathway striping, landscaping, and sidewalks.
(b)
Provide continuous pedestrian and vehicular connections to adjacent sites using sidewalks, streets, and open-space linkages where physically possible.
(c)
Provide pedestrian pathways that connect parking areas and points of destination.
(d)
Provide pedestrian access to public transportation stops.
G.
Common Access. In commercial or industrial developments, the PUD or SPUD should establish specific standards and locations for common access driveways, both within the development and abutting arterial streets. Approval of the bonus provisions in this chapter for shared parking facilities should only be authorized in a PUD or SPUD where this access commitment is provided for in the PUD or SPUD Design Statement.
14250.1 Administrative approval of minor amendments.
A.
The Director shall be permitted to approve minor amendments and adjustments to the PUD or SPUD Design Statement or Master Development Plan Map, provided the following conditions are satisfied:
(1)
The project boundaries are not altered.
(2)
Uses other than those specifically approved in the PUD or SPUD are not added. Percentage of area devoted to specific uses may not be increased or decreased by more than 20 percent of the area devoted to the specific use. Uses may be deleted, but not to the extent that the character of the project is substantially altered.
(3)
The allocation of land to particular uses, or the relationship of uses within the project, is not substantially altered.
(4)
The density of housing is not increased by more than 20 percent or decreased by more than 30 percent.
(5)
The land area allocated to non-residential uses is not increased or decreased by more than 20 percent.
(6)
Floor area, if prescribed, is not increased or decreased by more than 20 percent.
(7)
Floor area ratios, if prescribed, are not increased.
(8)
Open space areas or ratios, if prescribed, are not decreased.
(9)
Screening and fencing requirements, provided amendments shall not substantially alter the PUD or SPUD.
(10)
Height restrictions, yard requirements, lot coverage restrictions, and other area, height and bulk requirements prescribed in the PUD Design Statement are not altered by more than 20 percent.
(11)
The circulation system is not substantially altered in design, configuration or location, and has the approval of the Traffic Management Division.
(12)
The design and location of access points to the project are not substantially altered, either in design or capacity and have the approval of the Traffic Management Division.
(13)
Administrative amendments sought for any PUD or SPUD subject to design review in a special design district, as outlined in § 59-14100.3.C., shall be subject to the design review process of the appropriate district.
B.
The Director shall determine if proposed amendments to an approved PUD or SPUD satisfy the above criteria. If the Director finds that these criteria are not satisfied, an amended PUD or SPUD shall be submitted for full review and approval according to the procedures set forth in this article.
14250.2 Change or Amendment to PUD/SPUD Application Filed After May 1, 2001 Except as provided above for Administrative Approval of Minor Amendments (Section 59-14250.1), for any PUD or SPUD application filed after May 1, 2001, specific conditions imposed with respect to the approval of the PUD or SPUD, as specified in the PUD Design Statement, shall not be changed or amended in any way except by action of the City Council after review and recommendation by the Planning Commission and upon such notice as provided by 11 O.S.§ 43-105 and 43-106, and Article IV, Administrative Procedures, of this chapter. This section is enacted pursuant to the authority specified in Subsection C of 11 Oklahoma Statutes § 43-111.
PLANNED UNIT DEVELOPMENT2
State Law reference— Planned unit developments, 11 O.S. § 43-110 et seq.
The Planned Unit Development (PUD) and Simplified Planned Unit Development (SPUD) are specialized zoning districts defined in Article II. Definitions of this chapter. The PUD and SPUD are intended to maximize flexibility and innovation in development by utilizing area-sensitive site planning and design to achieve a desirable mixture of compatible land use patterns that include elements such as efficient pedestrian and vehicular circulation systems, enhanced residential amenities, and allowances for the provision of usable open space.
14100.1. Purpose and Intent. The purpose and intent of the Planned Unit Development and Simplified Planned Unit Development provisions are to:
A.
Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use and assuring compatibility with adjoining and proximate properties.
B.
Permit flexibility within the development to maximize the unique physical features of the particular site.
C.
Encourage efficient use of land in the placement and clustering of buildings and open areas, provision of circulation systems that achieve greater connectivity, and the conservation of natural features, natural topography, wooded areas, areas of historic significance, and environmentally sensitive areas.
D.
Achieve a continuity of function and design within the development, encourage diversified living environments and land uses and provide a development framework that will create, strengthen and/or enhance a strong sense of neighborhood and community character.
E.
Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development, and protect the health, safety and welfare of the community.
14100.2. Goals and Objectives. The PUD or SPUD shall achieve the following land use objectives:
A.
Minimize adverse effects upon surrounding property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare.
B.
Contribute to the revitalization and/or redevelopment of areas where decline of any type has occurred.
C.
Promote infill development that is compatible and harmonious with adjacent uses, both existing and planned.
D.
Maintain consistency with the City's comprehensive plan, this chapter, and other applicable plans, policies, standards and regulations.
E.
Provide development that contributes more to the general prosperity, health, safety and welfare of the community than would otherwise be provided through the standard development process.
14100.3. Appropriate Use of PUD and SPUD.
A.
The PUD and SPUD are appropriately used when flexibility is required that is not allowed under the zoning code in return for a coordinated development that provides greater public benefits, as outlined in the Purpose and Intent, that are not otherwise part of the development process.
B.
The PUD and SPUD are design and planning tools that are not to be used to circumvent policies or used in lieu of seeking variances to regulations.
C.
Rezoning to a PUD or SPUD within a special design district or design overlay district may be appropriate in cases where a use or a mix of uses within the design district is prohibited, but may be appropriate to a specific site. Where rezoning is proposed within a special design district or design overlay district, the PUD or SPUD should:
(1)
incorporate the development regulations and guidelines of the design district; and
(2)
be subject to the design review process for the design district.
14100.4. Preliminary Review. Applicants are encouraged to request preliminary review by staff prior to formal submittal for rezoning to a SPUD or PUD. Preliminary review is most effective at the conceptual design phase, so that traffic, circulation, drainage, infrastructure, and other contextual impacts of the proposal may be considered for conformance with the comprehensive plan, and applicable policies, guidelines, and regulations.
A PUD or SPUD may be authorized by an amendment to the Official Zoning Districts Map after public hearings by the Planning Commission and City Council, provided it complies with the following requirements.
A.
Location and Uses. A PUD or SPUD shall be considered a special zoning district, and may be authorized for any use, or combination of uses, permitted in this Chapter.
B.
PUD/SPUD Requirements. The basis for review and approval of a PUD or SPUD application shall be the Design Statement, Master Development Plan Map, and related exhibits, which shall be adopted as a part of the rezoning ordinance, in conformance with the requirements described in these regulations.
(1)
Design Statement.
(a)
PUD Design Statement. The PUD Design Statement shall be a written report containing a minimum of the following elements:
1.
Title of the PUD.
2.
List of the owners and/or developers (including contact information, and e-mail address(es)).
3.
Statements on the PUD's general location and its relationship to adjoining land uses (both existing and proposed), and how the PUD complies with the policies of the comprehensive plan.
4.
The existing PUD districts in the development area and the surrounding area.
5.
A description of the proposed development, including a legal description of the property, and the approximate phases and sequence in which the development is proposed to be built, if any.
6.
Definitions of the land-use designations, including density ranges and product types for residential development shown on the Master Development Plan Map required by this section, including proposed restrictions, and typical site layouts.
7.
A table setting the minimum and maximum total dwelling units and non-residential square footage, and the minimum acreage for common open space, natural resource areas, public uses, and any other planned uses.
8.
A description of residential and mixed-use neighborhoods; commercial, office, and research development uses; common open space, natural resource areas, public buildings, schools, and other public uses, and any other proposed uses.
9.
A list of all development regulations that will be applied, including conventional zoning district regulations, requested variations to the subdivision regulations, and any other special development regulations.
10.
A statement on the existing and proposed streets, including right-of-way standards and street design concepts.
11.
A description of the following physical characteristics of the existing site: elevation, slope analysis, soil characteristics and tree cover.
12.
Drainage information describing the basic stormwater management method(s), and referencing any F.E.M.A. 100-year floodplains, floodways, or other areas where a Letter of Map Revision is requested.
13.
A statement of utility lines and services to be installed, including which lines will be dedicated to the City and which will remain private.
14.
A statement specifying the number, type, height and display area of signs.
15.
A description of lighting for the development.
16.
A description of trash collection facilities for the development.
17.
A description of sidewalks, pedestrian paths and bikeways within the development.
18.
A description of screening and landscaping for the development, including any required buffering as referenced by Article XI, Landscaping and Screening Regulations, of this chapter. (Screening and landscaping shall be subject to the current landscape ordinance in effect at time of development.)
19.
A statement describing the guarantees and assurances to be provided for the perpetual maintenance of common open space, drainage areas, recreation areas, sidewalks, parking, private streets, and other privately owned but common facilities serving the project.
20.
A statement describing any platting requirements for the PUD.
(b)
SPUD Design Statement. The SPUD Design Statement shall be a written report containing a minimum of the following elements:
1.
Identify the base zoning district(s) governing the SPUD, not to exceed two development tracts and two base zoning districts.
2.
List the permitted Use Unit Classifications in the SPUD (Chapter 59, Article VIII, Section 8100.4).
3.
A statement establishing the maximum height of all buildings.
4.
A statement establishing maximum size of all buildings.
5.
A statement limiting the number of all buildings.
6.
A statement specifying the front, side and rear yard requirements.
7.
A description of the sight-proof screening requirements.
8.
A description of the site landscaping. (Screening and landscaping shall be subject to the current landscape ordinance in effect at time of development.)
9.
A statement specifying the number, type, height and display area of signs.
10.
A statement providing the number and location of all access drives.
11.
A description and location of all public and private sidewalks.
12.
A description of the proposed architecture of all buildings including building materials.
13.
A statement indicating the percent of open space on the site.
14.
A description of all street improvements proposed within or adjacent to the site.
15.
A description of the proposed site lighting.
16.
The number, location and screening requirements of all trash receptacles.
17.
A description of the parking facilities to be provided.
18.
A statement describing the guarantees and assurances to be provided for the perpetual maintenance of common open space, drainage areas, recreation areas, sidewalks, parking, private streets, and other privately owned but common facilities serving the project.
(c)
PUDs/SPUDs and Special Design Districts. If the PUD or SPUD is proposing to rezone from within a special design district or design overlay district, in addition to the requirements listed for the Design Statement in this chapter, the following shall be provided:
1.
Statement describing the incorporation of any development regulations and guidelines of the design district into the PUD or SPUD and whether the PUD or SPUD will be subject to the design review process.
2.
Description of how the PUD or SPUD integrates into the context of surrounding neighborhoods by describing the architectural style and uses of existing and proposed structures within the same block and immediate neighborhood.
3.
Description of how the PUD or SPUD will be compatible with the placement and amenities of adjacent structures in regard to setbacks, orientation, height, and landscaping/screening.
(2)
Master Development Plan Map.
(a)
PUD Master Development Plan Map. The PUD Master Development Plan Map shall be a graphic representation of the development plan for the area, drawn at an appropriate scale, at a maximum of one inch equals 100 feet, on one or more by 24-inch by 36-inch sheet(s). The purpose of the map is to conceptually portray the development commitments described in the PUD Design Statement. The complexity of the map information will depend upon the number and extent of varied land uses in the PUD. The PUD Master Development Plan Map shall be submitted in accordance with the following:
1.
Existing Conditions.
i.
General location and acreage in the PUD.
ii.
Sufficient information, including density of the surrounding area, to demonstrate the relationship of the PUD to adjoining land uses, existing or proposed.
iii.
Topography on five foot contours.
iv.
Common open space and natural resource areas on the site and connected to adjacent sites, such as native rock outcroppings, steep slopes, environmentally sensitive lands, wildlife habitats, stream corridors, and significant vegetation, including tree canopy and healthy mature trees.
v.
Specific location of right-of-way widths of adjacent arterial streets, and connectivity points with adjacent sites.
vi.
Areas where access to streets will be limited, and the number where appropriate.
vii.
Delineation of F.E.M.A. 100-year floodplain and floodway, if applicable.
2.
Proposed PUD Elements.
i.
Land use designations for each distinct use in the PUD, including the identification of any public buildings, schools, and other public uses.
ii.
Public circulation system, including the general location of collector and local streets, pedestrian paths and bikeways.
iii.
General location of proposed pedestrian and bicycle linkages between adjacent properties, showing points of connectivity with the circulation system and to public transportation stops.
iv.
General location of parking areas.
v.
General location of proposed open space, common areas, drainage and recreation areas.
vi.
General location of landscaping in common areas, parking areas, and landscape buffering as required by Article XI, Landscaping and Screening Regulations, of this Chapter.
(b)
SPUD Master Development Plan Map. The SPUD Master Development Plan Map shall be drawn to a standard engineering scale and shall contain the following information:
1.
North arrow.
2.
All property lines.
3.
All adjacent street and alley rights-of-way, showing the centerline of each, and any street names.
4.
The location of driveway approaches.
5.
The off-street parking and maneuvering arrangement.
6.
The location of existing and proposed buildings.
(3)
Related exhibits. Any other pertinent information/exhibits necessary for review, approval and administration of the PUD or SPUD.
C.
Application Process.
(1)
Upon receipt of a completed application and application fee for the PUD or SPUD, staff shall transmit the application and all supporting material to the various City departments involved with the review process, and to appropriate officials or agencies of the City, County, adjoining counties or municipalities, school and special districts, and other official bodies as deemed necessary or mandated by law, including any review required by regional or State bodies under applicable State or Federal law.
Each department, official, agency, or other official body shall consider all pertinent information and shall provide staff with a report of their findings, comments and recommendations in sufficient time for said findings, comments and recommendations to be incorporated into the Planning Commission Staff Report.
(2)
Upon final approval by the City Council of the PUD/SPUD Design Statement, Master Development Plan Map and the subsequent ordinance of rezoning, the PUD/SPUD shall become a part of the Official Zoning Districts Map. The ordinance of rezoning shall adopt the PUD/SPUD Design Statement and Master Development Plan Map by reference, and it shall be attached to said ordinance and become a part of the official records of the City.
(3)
The PUD/SPUD Design Statement and Master Development Plan Map shall control the use and development of the property, and all building permits and development requests shall be in accord with said Design Statement and Master Development Plan Map until it is otherwise amended by Section 59-14250 (Modifications to PUD or SPUD) of the Code or by the City Council.
(4)
Approval of the PUD/SPUD zoning district and related Design Statement and Master Development Plan Map shall establish the basic uses, locations, densities, and intensities for the PUD/SPUD. However, for all Planned Unit Developments, site plans and building and occupancy permits for specific uses and buildings shall not be authorized until a Specific Plan has been approved for all or part of the land area covered by the PUD.
D.
Application for PUD Specific Plan. A Specific Plan shall be submitted for review and approval by the Planning Commission at a regularly scheduled public hearing for the entire area or a phased portion of the property included in the PUD prior to approval of site plans and building permits for any structure or building. The Specific Plan shall be drawn at an appropriate scale, at a maximum of one inch equals 100 feet, on one or more 24-inch by 36-inch sheet(s). specific plans shall include the following information:
(1)
A summary showing how the Specific Plan conforms to the Design Statement and Master Development Plan Map, the total dwelling units in the Specific Plan by type, the square footage of non-residential uses, and a parking calculation of the required and provided spaces by use.
(2)
All elements of the Master Development Plan Map shall be incorporated into the Specific Plan, with additional detail as follows:
(a)
A preliminary site plan for each building site in the Specific Plan.
1.
Lot layouts for residential uses and for single-family dwellings, a typical site plan can be included.
2.
Preliminary site plans shall show areas to be developed, landscaped and paved, and existing and proposed buildings indicating:
i.
The maximum and minimum distances between buildings, between building and property or building site boundaries.
ii.
Percentage of building coverage.
(b)
Preliminary elevations for all proposed structures. They shall indicate building heights, materials, colors, and the general appearance of proposed structures.
(c)
A parking and loading plan.
(d)
Preliminary landscape plan.
(e)
Fencing, trash disposal, and related storage areas.
(f)
Sign program and sign design and dimensions.
(3)
If the PUD is within a special design district or design overlay district and is subject to design review, additional information shall be submitted to the level of detail required for design review within the respective district(s).
(4)
Submittal of a Specific Plan may be waived if any of the following conditions are met:
(a)
The site is to be utilized as currently developed. The PUD proposes no new buildings or parking; or
(b)
The proposed use is agricultural or recreational in nature, where no structures or few incidental structures totaling no more than 2,000 square feet are proposed; or
(c)
All items listed in Section 59-14150.C are included in the PUD application.
14200.1 Purpose. Because the PUD and SPUD provide the opportunity for greater design flexibility, mixed land uses and improved marketability, the applicant should be prepared to provide amenities and services that might not be required or possible in a conventional development. Review and approval is, therefore, a process of negotiation between the City and the applicant to achieve the intent and purpose of these regulations and the City's Comprehensive Plan.
The factors within this section should be specifically included as review criteria for the evaluation of a PUD or SPUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.
14200.2 Design Standards.
A.
The proposed PUD or SPUD shall be designed to provide for the unified development of the area in accordance with the directions, spirit and purpose of the City's Comprehensive Plan, and the land uses and zoning districts adjacent to it.
B.
Design of the PUD or SPUD may provide for modification of conventional chapter requirements for elements such as yard area, density, setback and height on individual lots, in accordance with the PUD or SPUD Design Statement and Master Development Plan Map.
C.
Density, land use and intensity of use requirements shall be based on the PUD or SPUD Design Statement and Master Development Plan Map and shall be reviewed carefully for conformance with the comprehensive plan.
D.
Building, Plumbing, Mechanical or Electrical Code requirements shall not be amended in the design of a PUD or SPUD.
E.
The maximum number of dwelling units within a PUD or SPUD shall be based on calculation of gross density, which shall be established in the PUD or SPUD Design Statement and Master Development Plan Map. Gross density shall be calculated by dividing the total land area of a residential tract, exclusive of arterial streets, by the number of dwelling units.
F.
Location and type of housing shall be established in a general pattern and shown on the Master Development Plan Map (where applicable).
14200.3 Minimum Design and Construction Standards for Streets and Alleys. Streets and alleys for both urban and non-urban PUDs and SPUDs shall be designed and constructed in accordance with City standards and specifications for right-of-way width and paving cross-sections. If modifications are proposed they shall be consistent with the following criteria and must be companion with the appropriate subdivision plat.
A.
Public Streets and Alleys. Proposed public street and alley modifications shall satisfy the following criteria:
(1)
Street right-of-way and paving widths shall be adequate to provide a traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street and the land uses served.
(2)
Paving cross-sections shall be designed to be adequate to provide acceptable drainage in conformity with the drainage plan for the PUD or SPUD, to receive loading commensurate with anticipated traffic, based on the design of the overall street system, and to have a maintenance level commensurate with that of facilities constructed to regular standards.
B.
Private Streets and Alleys. Proposed private street and alley modifications shall satisfy the criteria for public facility modifications listed above, and the owner/applicant shall provide any ongoing and long-term maintenance of private street and alley facilities that will not be provided by the City.
14200.4 General Design and Development Guidelines.
A.
Density. Proposed residential densities should conform with the City's Comprehensive Plan and should be allocated in a manner, and at a scale, that will be compatible with adjacent developed neighborhoods.
B.
Amenities. Amenities should be considered an important justification for development and City approval of a PUD or SPUD. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, usable open space should be furnished, along with provisions for its permanent retention and continued maintenance. Sidewalks and pedestrian ways should be planned where necessary to provide for both an amenity and public safety.
C.
Relationship to Abutting Uses.
(1)
The Master Development Plan Map shall show the relationship of the PUD to abutting properties such as commitments to landscaping, screening, earthen berms or similar techniques to:
(a)
Create a visual transition of landscaping to adjoining lots and developments.
(b)
Screen incompatible uses.
(c)
Minimize any negative impact of the development on adjacent sites and roadways.
(2)
It is appropriate to specifically establish areas with height limitations where a transition to more intense uses, or where a higher intensity development abuts a lower intensity area, is proposed.
(3)
Where a PUD or SPUD proposes a mix of uses which would generally be incompatible with a conventional development, the PUD or SPUD Design Statement should specifically establish appropriate guidelines to assure harmonious development.
D.
Site Design.
(1)
Arrange structures and buildings on the site to:
(a)
Complement existing development on adjacent properties by similar placement and proportion of building form(s).
(b)
Screen undesirable views, such as service areas and trash receptacles, from pedestrian views and public streets.
(2)
Demonstrate that the arrangement of open space or natural features on the site will create desirable and functional environments for patrons, pedestrians and occupants by:
(a)
Preserving unique natural resources such as significant vegetation, watercourses, or native rock outcroppings, where possible.
(b)
Providing protection to preserve existing healthy, mature trees where they exist.
(c)
Respecting desirable natural resources on adjacent sites.
(d)
Promoting the use and preservation of existing natural watercourses and patterns of stormwater disposal in the design of drainage facilities, where allowable.
E.
Safety.
(1)
Conform to Crime Prevention Through Environmental Design principles by:
(a)
Providing convenient, safe, well marked and direct routes for pedestrian connections from the public street to building entrances;
(b)
Providing pedestrian scaled lighting for pedestrian circulation and visibility;
(c)
Providing effective lighting for vehicular traffic that does not overwhelm the quality of pedestrian lighting;
(d)
Framing open space with buildings that visually contain and provide for natural surveillance;
(e)
Providing for visibility around structures, screens, fences or enclosures to avoid the creation of areas of concealment.
(2)
Provide site illumination that is designed, located, and installed to achieve specific average footcandles in order to provide safe pedestrian and vehicle circulation as well as minimize adverse impacts on adjacent properties. This standard shall apply to light poles and/or wall mounted luminaries for all areas within the site to achieve the following standards:
(a)
Provide site illumination to achieve a maintained average of three footcandles (not less than .75 footcandles) throughout all parking areas;
(b)
Provide site illumination to achieve a maintained average of six footcandles (not less than 1.5 footcandles):
1.
Along pedestrian walkways and common areas;
2.
Within areas of concealment in need of visual access;
3.
At all building entries and exits.
(c)
Provide site illumination that is designed, located, and installed in a manner to minimize light trespass on adjacent properties by utilizing cutoff luminaries, house-side shields, and/or light-limiting accessories where needed.
F.
Circulation Systems.
(1)
Organize circulation systems within the site to:
(a)
Provide adequate and safe pedestrian and vehicular circulation by defining walkways and distinguishing areas of foot traffic from vehicular movement using methods such as crosswalks and pathway striping, landscaping, and sidewalks.
(b)
Provide continuous pedestrian and vehicular connections to adjacent sites using sidewalks, streets, and open-space linkages where physically possible.
(c)
Provide pedestrian pathways that connect parking areas and points of destination.
(d)
Provide pedestrian access to public transportation stops.
G.
Common Access. In commercial or industrial developments, the PUD or SPUD should establish specific standards and locations for common access driveways, both within the development and abutting arterial streets. Approval of the bonus provisions in this chapter for shared parking facilities should only be authorized in a PUD or SPUD where this access commitment is provided for in the PUD or SPUD Design Statement.
14250.1 Administrative approval of minor amendments.
A.
The Director shall be permitted to approve minor amendments and adjustments to the PUD or SPUD Design Statement or Master Development Plan Map, provided the following conditions are satisfied:
(1)
The project boundaries are not altered.
(2)
Uses other than those specifically approved in the PUD or SPUD are not added. Percentage of area devoted to specific uses may not be increased or decreased by more than 20 percent of the area devoted to the specific use. Uses may be deleted, but not to the extent that the character of the project is substantially altered.
(3)
The allocation of land to particular uses, or the relationship of uses within the project, is not substantially altered.
(4)
The density of housing is not increased by more than 20 percent or decreased by more than 30 percent.
(5)
The land area allocated to non-residential uses is not increased or decreased by more than 20 percent.
(6)
Floor area, if prescribed, is not increased or decreased by more than 20 percent.
(7)
Floor area ratios, if prescribed, are not increased.
(8)
Open space areas or ratios, if prescribed, are not decreased.
(9)
Screening and fencing requirements, provided amendments shall not substantially alter the PUD or SPUD.
(10)
Height restrictions, yard requirements, lot coverage restrictions, and other area, height and bulk requirements prescribed in the PUD Design Statement are not altered by more than 20 percent.
(11)
The circulation system is not substantially altered in design, configuration or location, and has the approval of the Traffic Management Division.
(12)
The design and location of access points to the project are not substantially altered, either in design or capacity and have the approval of the Traffic Management Division.
(13)
Administrative amendments sought for any PUD or SPUD subject to design review in a special design district, as outlined in § 59-14100.3.C., shall be subject to the design review process of the appropriate district.
B.
The Director shall determine if proposed amendments to an approved PUD or SPUD satisfy the above criteria. If the Director finds that these criteria are not satisfied, an amended PUD or SPUD shall be submitted for full review and approval according to the procedures set forth in this article.
14250.2 Change or Amendment to PUD/SPUD Application Filed After May 1, 2001 Except as provided above for Administrative Approval of Minor Amendments (Section 59-14250.1), for any PUD or SPUD application filed after May 1, 2001, specific conditions imposed with respect to the approval of the PUD or SPUD, as specified in the PUD Design Statement, shall not be changed or amended in any way except by action of the City Council after review and recommendation by the Planning Commission and upon such notice as provided by 11 O.S.§ 43-105 and 43-106, and Article IV, Administrative Procedures, of this chapter. This section is enacted pursuant to the authority specified in Subsection C of 11 Oklahoma Statutes § 43-111.