CHAPTER 8
PLANNED UNIT DEVELOPMENTS
810 General Description.
820 Standards of Development.
830 Procedures for Obtaining PUD Zoning.
840 Amendments.
850 Administration and
Enforcement.
860 Overlay District.
SECTION 810 GENERAL DESCRIPTION
It is the intent of this Section to encourage developments
with superior living environments brought about through unified development and
to provide for the application of design ingenuity in such developments while
protecting existing and future surrounding areas in achieving the goals of the
Owasso Land Use Master Plan. The PUD
Planned Unit Development District herein established is intended to provide for
greater flexibility in the design of buildings, yards, courts, circulation and
open space than would otherwise be possible through the strict application of
other district regulations, and to produce:
1.
A maximum choice in the types of environment and living units
available to the public;
2.
Open
space and recreation areas;
3.
A
pattern of development that preserves natural features and prevents soil
erosion;
4.
A
creative approach to the use of land and related physical development;
5.
An
efficient use of land resulting in smaller networks of utilities and streets
and thereby lowering costs; and
6.
An
environment of stable character in harmony with the surrounding development.
7.
A
reduction in the potential impact of new development on the surrounding
environment.
The PUD Planned Unit Development Regulations are designed
to provide for small- and large-scale development incorporating a single type
or a variety of residential, commercial, and related uses that are planned and
developed as a unit. Such development
may consist of individual lots, or it may have common building sites. Private or public common land and open space
must be an essential and major element of the Plan, because these areas are
related to and affects the long-term value of the homes and other
development. A planned unit shall be a
separate entity with a distinct character, but shall also be harmonious with
surrounding development.
SECTION 820 STANDARDS OF DEVELOPMENT
1. Ownership Control
The land in a Planned Unit
Development District shall be owned, leased, or otherwise controlled by a
person, firm, group of individuals, partnership, corporation, or trust,
provided assurances are given through the procedures contained herein that the
project can be successfully completed.
A Property Owners’ Association
shall be required for each PUD within Owasso.
The Property Owners’ Association shall be formed and operational by the
time that seventy percent (70%) of the lots within the PUD have been permitted
for development. Lots owned by the
developer may not be assessed differently by the Property Owners’ Association
than lots that are not owned by the developer.
The Property Owners’ Association
shall be responsible for the maintenance of all common areas, reserve areas,
and adjacent rights of way for the development.
2.
Minimum District Area
The
minimum area for a PUD shall be three (3) acres, unless the development is
solely multi-family residential in use.
In calculating the minimum area for a PUD, the measurements shall
include the area of all dedicated streets entirely within the boundary of the
proposed PUD and one-half of all boundary or perimeter streets.
3.
Uses Permitted
In order to increase creativity and flexibility in the development of areas suitable for a PUD, there are no specifically prescribed uses that are permitted within the boundaries of a PUD. The developer shall be responsible for preparation of a list of permitted uses within the specific PUD requested. The development of the list shall take into account the nature and purpose of the PUD area, and such uses and locations shall be appropriate in order to protect and be in harmony with surrounding development. At the time of the Pre-Application plan and conference, the applicant shall generally describe the nature and types of land uses to be located within the boundaries of the PUD. At the time of zoning application and consideration of the preliminary plat, a specific written list of uses to be “permitted by right” shall be submitted for review by the Planning Commission. Following approval by the Planning Commission and City Council, the list of specific uses permitted by right shall serve as the control list in issuance of building permits and certificates of occupancy.
4.
Parking and Off-Street Loading
All uses established within a PUD shall comply with the off-street parking and loading requirements as established in the Owasso Zoning Code. However, the requirements for individual structures or lots may be met through either provision of adequate parking on the lot on which such structure is located or upon adjacent property that is under the control of a Property Owners’ Association to which said lot is an automatic participant. In no case, however, shall the cumulative requirements for all parking and off-street loading requirements be less than if said uses were individually established and located in any other zoning district within the City.
5.
Perimeter Requirements
In
order to assure compatibility with surrounding development, the developer shall
submit specific information as to the setbacks, building height, coverage
factors and other elements necessary for all perimeter lots that are adjacent
to the boundary of the PUD or adjacent to any boundary or perimeter street
right-of-way. While no specific setback
requirements are herein established, the Planning Commission and City Council shall
consider the nature, extent and character of the adjacent development and shall
take into consideration the types of area regulations applicable to adjacent
properties.
6.
Garage Requirements
For
all portions of detached single-family residential uses with PUDs, each
dwelling shall include a garage with a minimum capacity of two vehicles.
7.
Residential Density Standards
The maximum number of dwelling units permitted within a PUD is dependent upon both the type and number of each type of residential unit intended to be included in the PUD. Densities within certain areas of the PUD may be beyond the overall limits through a transfer of density. However, overall project densities shall not be exceeded in accordance with the following schedule:
a. Four (4) dwelling units per acre for single-family detached houses
b. Eight (8) dwelling units per acre for two-family dwellings
c. Twelve (12) dwelling units per acre for single-family attached houses (town homes)
d. Fifteen (15) dwelling units per acre for triplexes and fourplexes
e. Twenty-one (21) dwelling units per acre for low-rise (three (3) stories or less) apartments
When calculating acreages, the developer shall include the PUD site plus all public rights-of-way, all parcels within the PUD devoted to other types of uses, and all common open space.
The
maximum number of single-family dwelling units permitted within a PUD may be
increased to 5 dwelling units per acre if the following conditions are met:
·
the dwelling units within the PUD have at least
a 70% masonry exterior,
·
at least four of the following amenities are
provided: a) a trails system, other than required sidewalks, b) a neighborhood
swimming pool, c) a neighborhood park, d) masonry screening around the
perimeter, e) irrigated landscaping at the development entrance, f) decorative,
pedestrian-oriented streetlights, or g) other amenities as may be determined by
the Community Development Department and Planning Commission to significantly
improve the quality of life in the development.
SECTION 830 PROCEDURES FOR OBTAINING PUD ZONING
A three-step review procedure is required for obtaining PUD
zoning and final approval of the final plan and plat. The first step involves a Pre-Application
Plan and Conference that is designed to provide information to the local
government of the developer’s intention with respect to the nature and scope of
the proposed PUD and to allow the developer to be informed of the City’s
regulations and policies concerning development alternatives for the area. The second step involves submission of a
formal application for rezoning of the area to a PUD District and simultaneous
submission of a preliminary plat in accordance with the Owasso Subdivision
Regulations. The last step involves
submission of the final development plan and plat for approval and recording
prior to commencing building construction.
These steps are outlined as follows with respect to the procedure
followed and submission requirements at each step.
830.1 Pre-Application
Plan and Conference
A. Procedure
1) A Pre-Application Plan shall be
submitted to the Owasso Community Development Department for review of the area
and proposed uses relative to the compatibility of a PUD project with existing
development in the surrounding area and the Master Land Use Plan.
2) Each applicant shall confer with the
Community Development Department and other interested departments in connection
with the preparation of the PUD application.
It shall be the responsibility of the Community Development Department
to contact and invite interested departments and other parties to a joint meeting. The general outlines of the proposal,
evidenced schematically by the Pre-Application Plan and such other information
as may be desired, are to be considered before submission of the PUD
application.
3) Upon review of the site plan and
general area, and following completion of the Pre-Application Conference, the
Community Development Department shall furnish the applicant with written
comments regarding the conference, including appropriate recommendations to
inform and assist the applicant prior to preparing the components of the PUD
application.
B. Submission Requirements
At the time of requesting a
Pre-Application Conference, the applicant shall submit a scaled site plan and
such other narrative or graphic information the applicant deems pertinent to
the City’s initial review and evaluation of the potential of the PUD District
proposed. The Pre-Application Plan shall
include the following:
1)
Boundaries of the property involved;
2)
Existing zoning of the area and zoning of adjoining properties;
3)
Existing roadways, easements, and waterways;
4)
Indication of availability of all utilities;
5)
General plan of development at a level of detail sufficient to
indicate to the City the nature and scope of the project as to its magnitude in
terms of approximate number and types of dwelling units, location and extent of
nonresidential elements, proposed locations of major open space areas,
circulation and access.
830.2 Zoning Application and
Preliminary Plat
After receiving written comments
following the Pre-Application Conference, the applicant may proceed in
preparing a formal application for a PUD to the Owasso Planning
Commission. The application shall
consist of a simultaneous submission of a preliminary plat and a rezoning
application. The preliminary plat shall
conform to all requirements contained in the Owasso Subdivision Regulations
with the exception of certain design requirements regarding lot, setbacks, etc.
that are specifically exempted or modified by provisions of this
Ordinance. The application shall be
processed as a re-zoning application.
Submission Requirements
The applicant shall
simultaneously submit both a preliminary plat and a rezoning application. The preliminary plat shall be prepared in a
manner as prescribed in the Owasso Subdivision Regulations. To form the basis for the rezoning
application, a preliminary plat shall be submitted that includes at least the
following information:
1) Proposed title of the project and
name of any engineer, architect, land planner, surveyor, or company responsible
for various elements of the plat.
2) North arrow, graphic scale, and
date.
3) Certified boundaries of the
properties involved, all existing easements, section
lines and property lines, existing streets, existing buildings, water courses,
waterways and lakes, and other existing physical features in and adjoining the
project.
4) Location and sizes of sanitary
and storm sewers, water mains, culverts and other underground structures in and
adjacent to the project.
5) Topography of the project area
with appropriate contour intervals as prescribed in the Owasso Subdivision
Regulations or the Owasso Engineering Design Criteria.
6) General Land Use Development Plan
of the area indicating the location of different land uses, dwellings by types
and numbers, areas designated for commercial uses and other nonresidential
uses, and areas proposed for open space and recreational use. For all residential areas, the site plan
shall clearly indicate the type and number of dwellings to be located per
parcel, lot, or block in accordance with the preliminary plat. For all commercial or other nonresidential
uses, the areas shall clearly be indicated in accordance with lots, parcels, or
blocks and each such parcel shall indicate the type of building proposed,
number of stories, and gross square footage to be included on each parcel. The boundaries of all open space areas shall
be clearly indicated along with the form of proposed ownership, that is by
Property Owners’ Association or public park or other legal entity, and in such
case where more than one Property Owners’ Association is being created,
documentation shall be clearly submitted as to which areas will have automatic
membership into said associations. This
requirement, however, shall not be interpreted as requiring a detailed site
development plan that includes the exact boundaries and locations of all
structures proposed for construction.
7) All building setback lines for
all properties shall be shown
8) If the project is to be developed
in more than one phase, the boundaries of each proposed phase shall be clearly
indicated on the site plan map.
9) Calculations shall be submitted
of the total number of gross acres in the project, and the acres and
percentages thereof, proposed to be devoted to the several dwelling types,
commercial uses, other nonresidential uses, streets, parks, schools, and other
reservations.
10) Tabulation of the total number of
dwelling units by various types in the project and the total number of net
residential acres within the project, or if the project is to be developed in
phases, by each phase within the project.
The tabulations shall so indicate conformance of the proposed project or
each phase within the project to the residential density standards for the PUD
District.
830.3 Final Plan and Plat
Upon the approval of the rezoning
request by the City Council, the applicant may proceed with the preparation of
the final plan and plat. The final plat
shall meet all applicable requirements of the Owasso Subdivision Regulations
and shall be processed in accordance with those Regulations. The applicant shall submit a written and
graphic description of any modifications made to the final plat from the
approved preliminary plat.
If it is determined that no
changes have been made from the preliminary plat, or if only minor plan changes
have been made in accordance with the definition provided below, then the
review by the Owasso Planning Commission may proceed and the plat may be
submitted to the Planning Commission and City Council for approval. If approved, the plat shall be filed in the
SECTION 840 AMENDMENTS
Amendments may be required either to the preliminary plat or the final development plan. The procedure governing the disposition of amendments shall be as follows:
840.1 Amendments to the Preliminary PUD Plan
At the time a final PUD plan is submitted for review, it
shall be determined whether or not any amendments have been made to the
approved preliminary PUD plan. If
amendments have been made, then a determination shall be required as to whether
or not said amendments constitute a major or minor plan change. Modifications from the previously approved
preliminary PUD plan shall be deemed by the staff to be minor plan changes if
any and all modifications by the applicant:
A. Do not vary the total number of dwelling
units by more than thirty percent (30%);
B. Do not involve a reduction of the area
set aside for common open space such that the resulting common open space area
is less that 20% of the PUD development area;
C. Do not increase by more than thirty
percent (30%); and
D. Do not substantially change the location
of any nonresidential areas as shown on the preliminary PUD plan.
Additionally, modifications in the location or design of
minor streets, cul-de-sacs, alleys, or facilities for water and for disposal of
stormwater and wastewater shall not be considered as major modifications.
All other changes in the PUD, including changes in the site
plan and development schedule, must be made under the procedures that are applicable
to the initial approval of a PUD project.
840.2 Amendments to Final PUD Plan
The final PUD plan, as approved by the Planning Commission
and City Council, may be amended in accordance with the following
procedure. Minor changes may be
authorized by the City Planner in such cases where changes are required by
engineering or other circumstances not foreseen at the time the final PUD was
approved. No change authorized by the
City Planner under this section, however, may either increase the total area
devoted to any and all nonresidential uses, or decrease the amount of area
devoted to common open space or increase the total number of dwelling units
located on any lot, block, or parcel as approved in the final PUD plan. Notwithstanding any of these conditions, the
City Planner may not permit changes beyond the minimum or maximum requirements
set forth in this Ordinance. All other
changes in the PUD, including changes in the site plan or the development
schedule, must be made under the procedures that are applicable to the initial
approval of a PUD.
SECTION 850 ADMINISTRATION
850.1
Review Standards
The Planning Commission shall investigate and ascertain
that the plans for a PUD meet the following conditions:
A. That the tract of land for the
entire project comprises not less than three (3) acres.
B. That the project is in conformity
with the requirements and standards of development of the PUD District and is
consistent is the intent and purpose of this section.
C. That the proposed project
constitutes an environment of sustained desirability and stability, and that it
is in harmony with the character of the surrounding neighborhood.
D. That the property adjacent to the
proposed development will not be adversely affected.
The City Council shall review the recommendations sent forward by
the Planning Commission and take one of the following actions:
A.
Approve the PUD as recommended by the Planning Commission and
approve the rezoning request.
B. Approve the PUD as amended by the
City Council and approve the rezoning request.
C. Deny the rezoning request.
The City Council shall apply the review standards stipulated in
this section in reviewing the PUD.
850.2
Recorded Plat and Plot Plan Required
The proposed development shall
follow all applicable procedures, standards, regulations, and laws governing
the subdivision of land. No building
permit for any structure shall be issued until a final plat of the proposed
development or part thereof is approved and recorded and an approved plat plan
has been submitted in accordance with this Article.
850.3 Phasing and Development Schedule
The applicant is permitted to
construct the PUD in more than one phase or stage of construction. In such cases, the applicant shall clearly
indicate on the site plan map the boundaries of each proposed phase. If the sequence of construction of various
portions of the development is to occur in phases or stages, then the open
space and/or recreational facilities should be developed or committed thereto
in proportion to the number of dwelling units intended to be developed during
any given stage of construction.
Additionally, the applicant shall
submit a schedule of construction for the project or for each phase within the
project indicating the sequence of development according to residential type
and other nonresidential construction within the project. Upon adoption of the schedule of
construction, the Community Development Department shall be responsible for
enforcing this schedule. If the
Community Development Department determines that the rate of construction of
residential units or nonresidential structures differs from the construction
schedule, the department shall so notify the developer in writing. Thereafter, the Community Development
Department may issue such orders to a developer as necessary to correct said
schedule, and upon continued violation of this subsection may suspend the
developer from further construction of dwelling units or nonresidential
structures until compliance is achieved.
850.4 Guarantee of Completion
Before approval of the final development plan, the Planning Commission shall require a contract with safeguards satisfactory to the Commission guaranteeing completion of the development plan for any single phase in a period to be specified by the Commission, but that period shall not exceed five (5) years unless extended by the Commission.
850.5 Causes for Revocation
The Planning Commission may recommend to the City Council that any previous PUD approval be revoked and all building permits be voided under the following circumstances:
A. If the applicant has not submitted a final development plan to the City within two (2) years of preliminary plan approval. Where an optional staged development plan is utilized, the affected portion of the approved preliminary plan may be revoked in its entirety or to the extent of that portion on which a final development plan/plat has not been submitted and approved.
B. If no building permit has been issued within three (3) years from the recording date of the final development plan/plat, or initial plan of a staged final development plan/plat and the applicant has not been granted an extension.
C. If the applicant does not adhere to the phased development schedule as stated in the approved preliminary development plan.
D. If the construction and provision of all common open spaces and public and recreational facilities that are shown on the final development plan/plat are proceeding at a substantially slower rate than other project components.
From time to time, the Planning Commission may compare the actual development accomplished with the approved development schedule. If the Commission finds that the rate of construction of dwelling units or other structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final development plans/plats if preceding phases have not been finalized. The City may also issue a stop work order or discontinue issuance of building permits, or revoke those previously issued. If project is revoked, it would revert to previously determined zoning district.
SECTION 860 OVERLAY DISTRICT
860.1 General Description
It is the purpose and intent of the Overlay District to
provide enhanced standards to protect and enhance the unique characteristics of
specific areas and/or corridors while providing for development
opportunities. These characteristics may
include natural scenic beauty, manmade features or other features. Overlay Districts may also be used to protect
or facilitate a particular design theme established through specific
architectural styles or periods, or to protect or facilitate site plan
conventions such as setbacks that are both minimums and maximums. The purposes of any Overlay District may
include:
1.
Promoting the safe and efficient use of specific roadways by
controlling access and other traffic measures.
2.
Encouraging
the redevelopment of an area consistent with a particular design theme.
3.
Minimizing
the detrimental impact on hillsides, watercourses and other significant natural
features.
4.
Giving
special attention to landscaping, buffering, signage, lighting and building
setbacks in those districts identified as needing special attention.
5.
Giving
special attention to the existing architectural style or to the style that is
planned, so as to create an easily identifiable area in those areas identified
as architecturally significant.
860.2 Establishment of Overlay
Districts
The City Council of the City of
860.3 Development Criteria
The development criteria for each Overlay District shall be those standards as set out in each Overlay District.