The planned unit development, herein referred to as PUD, is a special zoning overlay category that provides an alternate approach to conventional land use controls. As a type of development and as a regulatory process, the planned unit development is subject to special review procedures, and once approved it becomes a supplemental zoning classification for the property it represents. It is not intended to serve as a separate zoning classification and cannot be used to introduce a use into an area that is zoned in a manner that the proposed use is not permitted as a matter of right. The PUD designation may be applied to any one or more conventional districts, except the A, P, and U districts, which shall delineate segments of the PUD for the purpose of establishing the permitted uses and density. All Stillwater City Code land use requirements shall apply unless modified by approval of a PUD plan. The PUD is not to be utilized only for the purpose of obtaining a variance to the bulk standards or other City Code requirements.

(Ord. No. 3023, § 1(art. 11, div. 1), 3-3-2008; Ord. No. 3180, § 9, 5-21-2012)

The regulations for the planned unit development zoning district are designed to:

(1)

Encourage diversified living environments, and accommodate a mixture of land uses that otherwise would not be allowed together on the same site;

(2)

Permit flexibility within the development with respect to area and bulk standards to best utilize the physical features of a particular tract of land that would not be allowed under other circumstances;

(3)

Provide and preserve meaningful open space, particularly where it is necessary or desirable for such common areas to be shared by more than one owner;

(4)

Encourage a more efficient use of land, public services, and natural resources than is generally achieved through conventional development;

(5)

Provide a smooth transition from surrounding densities, intensities, and uses with those proposed in the PUD;

(6)

Encourage the provision of amenities beyond the minimum requirements of conventional development;

(7)

Encourage accessible and affordable housing.

(Ord. No. 3023, § 1(23.295), 3-3-2008; Ord. No. 3180, § 10, 5-21-2012)

Each PUD proposal shall incorporate the stated goals to the extent possible. Whenever any proposal, or portion thereof, is in conflict with the stated goals, the PUD may be denied or tabled until such conflicting item(s) is/are addressed.

(a)

Urban infill. Development is encouraged on sites which can be conveniently served by existing public services and community facilities and which make accommodations for at least one bus stop. Unless mitigated by the development plan, a PUD shall not: 1) over burden any local, collector or arterial street in the immediate area nor create the need for major off-site public improvements; 2) require the upsizing of existing sewer lines to serve the proposed development; 3) require the upsizing of existing water mains to serve the development.

(b)

Alternative open space. Higher intensity developments may benefit from the provision of one or more of the following alternative forms of open space:

(1)

The proposed PUD, if containing residential uses, will have common open space developed as recreation and/or leisure oriented improvements such as a swimming pool, tennis courts, children's playground, etc.

(2)

Common open space provided as a buffer at least 100 feet wide between existing development and the PUD.

(3)

The PUD provides recreation areas for use by the surrounding neighborhood and the PUD.

(c)

Developments may provide for a mixture of uses or individual uses and designs not otherwise allowed.

(Ord. No. 3023, § 1(23.296), 3-3-2008; Ord. No. 3180, § 11, 5-21-2012)

The following table illustrates the process:

(Ord. No. 3023, § 1(23.297), 3-3-2008)

The planned unit development (PUD) provides the opportunity for varying densities, greater design flexibility, mixed land uses, and improved marketability. The applicant may be required to provide amenities above and beyond those required in a conventional development. Review and approval of a PUD is a process to achieve the intent and purpose of these regulations and the comprehensive plan. In all cases, PUDs are to be reviewed as to the type and location of a proposed use and whether the overall design of the development is compatible with its surroundings. Standards and criteria established herein shall be used in any such determination.

(Ord. No. 3023, § 1(23.305), 3-3-2008)

(a)

Permitted uses. A planned unit development (PUD) may be considered for any single use or combination of uses allowed in the underlying zoning district.

(b)

Area and bulk standards. The design of the PUD may necessitate modification of conventional zoning requirements such as lot size, yards, lot coverage, parking, landscaping/screening, and building height on individual lots. The minimum lot size for any proposed PUD development shall be one acre unless the proposed PUD is located within an area designated as a special purpose overlay district.

(c)

Screening. The PUD application shall show graphically the transitional treatment between residential and commercial zoning districts and uses that will be employed to separate the PUD from abutting properties, including commitments to fencing, vegetation, earth berms, landscape screening, or similar buffering techniques.

(d)

Access and circulation. The traffic circulation system within the PUD shall provide for the safe, convenient, and efficient movement of goods and people with a minimum of conflict between various modes of movement. Sidewalks or pedestrian trails shall be provided for pedestrian movement within the development and shall connect with existing pedestrian systems or allow for future extensions to activity centers such as schools and shopping areas outside the development. Shared parking facilities shall be encouraged with common access driveways within the development and abutting arterial streets. Consideration shall be given to designs with reduced conventional local street widths engineered with limited length and with two or fewer access points.

(e)

Open space. Open space shall be provided for the common use of the residents or users of the PUD. Such open space and other common use facilities shall be located so as to be convenient and visually attractive to all of the intended users, as well as to protect flood hazard areas and natural wild life habitats. Open space areas shall be left in their natural state or landscaped and maintained in accordance with the approved plans for environmental amenity, recreational, or park use.

(f)

Signs. Signs shall be regulated for all uses as follows:

(1)

All signs shall be accessory to the identified uses within the PUD.

(2)

Monument signs, wall signs, and marquee signs are permitted by right.

(3)

Pole signs are permitted as based on the underlying zoning district requirements of article VII, division 2, of this chapter, signs.

(4)

Signs shall identify only the uses within the PUD.

(5)

Monument signs shall not exceed four feet in height if placed between the right-of-way line and the front setback and shall not exceed ten feet in height when meeting the front setback.

(g)

Common facilities. Privately owned common areas may be established where certain facilities are shared by several adjacent property owners within the PUD, or are available to the general public for use in connection with visiting individual properties in the PUD. Such common facilities may include private streets, off-street parking and access drives, service areas, recreational facilities, plazas and other open space, provided, however, at least 15 percent of the area of any common open space shall be used for landscaping and/or pedestrian amenities. Common areas are to be shown on the plat/plan.

(h)

Improvements. The areas requiring improvements are as follows:

(1)

Public. All structures and subdivision improvements within a PUD shall be constructed to city standards. The standards and requirements for paving of public streets shall be observed for all publicly dedicated streets within or adjacent to a PUD. A hard-surfaced pedestrian system, constructed to city standards and meeting ADA compliance, which may, but not necessarily, be conventional curbline or property-line sidewalks shall be provided connecting all building areas, parking areas, and common facilities on the site, and that of the city as existing or planned. If it is not to be located in the public right-of-way, such pedestrian system shall be designated on the final PUD plan and the PUD plat as a pedestrian easement.

(2)

Private. Private local streets may be permitted in a PUD but shall be constructed and inspected to city standards with the following exceptions:

a.

Private streets may be reduced in width to 22 feet back of curb to back of curb with no on-street parking or another design as approved by development services; and

b.

Private streets may provide an alternate design to curb and gutter. Private streets shall be contained within the PUD and within private roadway easements unless utilities are installed in combination with the development of streets. All utilities shall be placed in publicly dedicated easements.

All easements for private local street use shall be identified and labeled as an outlot. Sidewalks or pedestrian trails not located in the public right-of-way shall be designated on the final PUD plan and the PUD final plat as a pedestrian easement.

(3)

Maintenance of private streets. It is the developer's responsibility to provide for continued maintenance of all improvements and open space not dedicated to and accepted by the city.

(i)

Bicycle paths. The PUD shall designate hard-surfaced routes for bicycles within the PUD and shall connect to the existing city bike route system where applicable.

(j)

Transition setback. Where a PUD in any zoning district, except the High Rise district, abuts an existing residential development or residential zoning district, the density transition area shall be established for a depth of 100 feet along the common property line of the subject PUD property and the abutting zoning district.

(k)

PUD residential density limits. The following table indicates the densities for each underlying zoning district.

(l)

Mitigation factors. The PUD proposal shall demonstrate the ability to mitigate impacts caused by the requested development. Such mitigation factors include, but are not limited to, the following: screening, setbacks, walls and fences, safety, traffic, access, existing infrastructure, lighting, noise, trails, park or playground areas, open space or common areas, low impact development practices, off-site improvements, and other amenities proposed by the developer.

(Ord. No. 3023, § 1(23.306), 3-3-2008; Ord. No. 3180, § 12, 5-21-2012)

(a)

Application. Requests for planned unit developments shall be initiated by submitting the following documentation to the development services department:

(1)

Completed application and checklist on the appropriate form furnished by development services department;

(2)

A typewritten and electronic/digital copy of the legal description of the subject property;

(3)

A nonrefundable filing fee;

(4)

Certified property owner mailing labels and a mailing list (in excel spreadsheet) of owners within 300 feet of the perimeter of the property and prepared by the Payne County Assessor, licensed abstractor, attorney, engineer or architect, of all property owners within 300 feet of the subject property. The ownership list shall have been prepared no more than 30 days prior to submission.

(5)

Proof of ownership of the subject lot or tract of land in the form of a copy of the recorded deed of ownership. In the absence of legal ownership, the applicant shall provide notarized consent from the legal property owner that grants the applicant the right to submit the PUD application to the city.

(b)

Preliminary PUD plan. This plan is a graphic representation of the proposed development. The following items shall be included in the plan, which may be shown on one or more sheets depending on the size and complexity of the proposal, provided that subsections (b)(1), (2) and (3) of this section are shown on each sheet. The plan shall be approved prior to the issuance of any building permits, the division of any land, or the construction of any improvements within the PUD. Of the plan, six bluelines, a digital submittal, in established format for use in GIS system during hearings for identification and information, and an 8.5-inch by 11-inch paper copy shall be submitted showing the following:

(1)

Name of the planned unit development;

(2)

Name and address of property owner of record and developer, if different;

(3)

Graphic scale drawn at a scale no smaller than 1:100, north point, date and legend;

(4)

A typewritten and electronic/digital copy of the legal description of the subject property, which shall also indicate the size of the property in acres;

(5)

Length of boundaries of the tract measured to the nearest foot;

(6)

Location and identification of abutting subdivisions, and relationship with airport approach zone, flood hazard area or city limits, if applicable;

(7)

Existing physiographical characteristics including contour lines at two-foot intervals and identification of natural watercourses, floodplains and wooded areas;

(8)

Location and size of existing and proposed easements, utilities and public rights-of-way;

(9)

Classification of every public street in accordance with the intended use and proposed design;

(10)

Location of all public/private streets;

(11)

Proposed grading, where different from existing contours;

(12)

Location, orientation, area, and height of existing and proposed buildings and other structures to include typical elevation drawings;

(13)

Location and dimensions of proposed lot lines;

(14)

A preliminary drainage study;

(15)

Approximate density of residential uses, if any, expressed by number of dwelling units allocated to each identifiable segment of the PUD;

(16)

General location, identification, and amount of all land uses shall be established in the PUD and identification of land use types, including common areas and facilities that are to be owned and maintained by an association of individual property owners in the PUD;

(17)

Table indicating the comparison between the requirements of the underlying zoning district and the proposed PUD;

(18)

Location, arrangement, and dimensions of off-street parking and loading spaces, and access drives;

(19)

Location, dimensions, and materials of fences and pedestrian walkways;

(20)

Landscape plan as required for common areas and as required based on the underlying zoning;

(21)

Location, area, height, and orientation of any signs not attached to buildings;

(22)

Typical elevation drawings and construction materials, not applicable for single- or two-family residential applications;

(23)

Identification of phase area boundaries, if development is to occur in phases;

(24)

Certification by any owner, planning commission and city council; and

(25)

A separate written request, as applicable, for any of the foregoing items to be waived or amended, with necessary explanation to justify such request.

(c)

Statement of intent. The statement of intent is a written narrative report that shall accompany the preliminary PUD plan and shall contain the following elements:

(1)

Proposed name of the planned unit development;

(2)

Name, address, and telephone number of the property owners of record, and developer, if different;

(3)

Statement of the general concept of the proposed PUD, the special considerations which require the PUD zoning classification rather than a conventional district designation, and why, in the applicant's opinion, the proposed district would be in the public interest and is consistent with the stated objectives of the city with regard to the Planned Unit Development District classification;

(4)

A statement of the substance of existing or proposed covenants, future ownership within the development; property owner's association contract, or other restrictions imposed upon the use of the land, buildings, and structures; and any other provisions which set forth mechanisms for ownership and maintenance of property within the PUD;

(5)

The anticipated development time schedule for completion of proposed phases or stages of construction;

(6)

A statement regarding the compatibility of the proposed development with the surrounding neighborhood to include such things as use of buffer or transition zones, projected range of value of structures, type of materials to be used, square footage of structures, hours of operation, etc.; and

(7)

Typical building elevations for determination of compatibility.

(d)

Review and notice requirement. The review and notice requirement is as provided in section 23-58(c).

(e)

Neighborhood meeting. The applicant shall schedule a neighborhood meeting and shall provide notice to all property owners within 300 feet of the perimeter of the proposed planned unit development and to city staff. The neighborhood meeting shall be held not less than seven days prior to the planning commission meeting where the PUD will be considered. Notification shall be in the form of a letter mailed at least ten days prior to the planning commission meeting at which the request will be considered, and shall include the place of general assemblage, date, time, and advocates of the proposed development. In addition, the neighborhood meeting shall be held no less than five business days after the application has been filed with the City of Stillwater. A summary of comments and concerns expressed at such meeting shall be presented to the planning commission for consideration.

(f)

Review. Review of the preliminary PUD application shall include:

(1)

Whether the proposed PUD is consistent with the comprehensive plan;

(2)

Whether the proposed PUD is compatible with the existing and expected development of surrounding areas; and

(3)

Whether the proposed PUD is consistent with the stated purposes and standards of this article.

(g)

Hearing procedure. Upon satisfaction that the required notice has been given, the city council shall hold a public hearing to review the proposed specific use permit application, receive comments from interested parties, and receive the recommendation of the planning commission. Each public hearing shall be preceded by a report from city staff concerning the general nature of the application and specific information as necessary to explain relevant conditions, requirements, findings or historical background.

(h)

Council action. The city council shall approve or deny the request for a preliminary PUD map amendment. The ordinance rezoning the subject tract to Planned Unit Development District shall specifically incorporate into the ordinance by reference the statement of intent which will become a part of the official records of the city. Upon the effective date of such ordinance, the designation PUD, preceded by the symbol of a corresponding conventional district, shall be recorded for each identifiable segment of the subject tract on the official zoning map.

(i)

Submittal of Mylars. Upon approval of the preliminary PUD by the city council, two Mylars that reflect any revisions based upon said approval shall be submitted to the city. Each Mylar shall contain a signed certification by the owner and the unsigned certification by the planning commission and by the city council.

(Ord. No. 3023, § 1(23.307), 3-3-2008; Ord. No. 3180, § 13, 5-21-2012; Ord. No. 3221, § 19, 2-21-2013)

The approved preliminary PUD may serve as the commercial minor subdivision or as the PUD preliminary plat. Any improvement plans, final drainage study, and/or drainage plan associated with a final PUD must be accepted by the development services director or designee, prior to consideration of the final PUD plan or of a plat by the city council. The following shall be required for review and consideration of approval of the final PUD plan:

(1)

Six blueline drawings of the approved preliminary PUD plan reflecting compliance with all conditions of approval;

(2)

Procedural checklist and application;

(3)

Final signage plan indicating locations, elevations, dimensions, materials, colors and lighting of all proposed signage;

(4)

Final grading, drainage and improvement plans. Final grading and drainage plans shall utilize the same contour interval as the preliminary PUD plan and shall include statements about the specific methods of erosion control during and after construction. Drainage plans shall include all final calculations and design drawings of all drainage structures;

(5)

Final landscape plan.

Upon approval and acceptance, two Mylars of the final PUD plan shall be provided to the development services director or designee.

(Ord. No. 3023, § 1(23.308), 3-3-2008; Ord. No. 3051, § 44, 12-15-2008)

Upon completion of the final PUD, a digital rendering of the PUD shall be submitted to the development services director or designee. An approved final PUD plan shall be submitted on reproducible material, such as Mylar or vellum, once all site work and the final inspection are completed.

(Ord. No. 3023, § 1(23.309), 3-3-2008; Ord. No. 3051, § 45, 12-15-2008)

(a)

Amendments to an approved preliminary PUD shall require public notice and a public hearing in the same manner as required for a new PUD application.

(b)

Amendments to final PUD.

(1)

Minor amendments to an approved final PUD plan which do not affect the character or impact of the development may be administratively approved by the development services director or designee. Any changes shall be consistent with the approved preliminary PUD.

(2)

If a minor amendment is not approved, such denial may be appealed to the board of adjustment.

(Ord. No. 3023, § 1(23.310), 3-3-2008; Ord. No. 3051, § 46, 12-15-2008)

A concept sketch plan may be submitted to the planning commission for comment prior to the filing of any application for a planned unit development (PUD). The sketch plan shall outline the general concept, layout, uses and density of the proposed project and describe how the project presently is, or can be made, compatible with the surrounding area. The applicant shall submit the following to commence the sketch plan review process:

(1)

A site plan;

(2)

A comparison chart describing underlying zoning restrictions and any proposed deviation therefrom; and

(3)

A statement of intent.

The applicant shall, prior to the scheduled review, notify in writing via U.S. mail, all neighboring property owners within a 300-foot radius of the boundaries of the property subject to the sketch plan review that the planning commission shall take up such review and the date, time, and location of such proceeding.

(Ord. No. 3119, § 1, 12-20-2010)