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HomeMy WebLinkAbout1020_Amending Chapter 8 Planned Unit Developement Owasso Zoning CodeTulsa County Clerk - PAT KEY 3R€~- Doc # 2013005122 Page(s): 16 Recorded 01 /1412013 at 03:41 PM *O~LgHpMP Receipt # 380974 Fee $43.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1020 AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SUB-CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): AMENDED LANGUAGE The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12, Chapter 2, Sub-Chapter 8, Planned Unit Developments and Overlay Districts, Sections 810- 850 shall be amended to read as follows: CHAPTER 8 Planned Unit Developments and Overlay Districts 8.10 INTRODUCTION AND PURPOSE A Planned Unit Development (PUD) is a special zoning overlay that provides alternatives to conventional land development. Upon approval, it becomes a supplement to the existing zoning of the subject property. A PUD is also a means of encouraging creative development of land and promotes project design that is often unseen in conventional development. A PUD shall not be seen as a tool to circumvent the zoning and subdivisions regulations of the City of Owasso, but rather as a tool for intelligent, well- planned, and quality developments that fit within Owasso's existing neighborhoods and context of the surrounding area. A PUD provides flexibility to allow for the development on properties with unique physical characteristics by promoting innovative design and providing guidelines which ensure that development is beneficial to the City of Owasso's future growth. While great flexibility is given to provide special restrictions which will allow development not otherwise permitted, procedures are established herein to ensure against misuse of the increased flexibility. 8. 10.1 GOALS Because PUD's allow greater flexibly than otherwise would be allowed with the base zoning, there are specific goals that need to be accomplished with each application. All PUD's shall be evaluated on their ability to accomplish the following: 1. Maintain and Enhance the Quality of Life in Owasso 2. Provide Opportunities for Urban Infill 3. Maintain and Promote a Sense of Community 4. Encourage Development That Otherwise Could Not Occur on the Site 5. Preserve and Provide Meaningful Open Space 6. Promote Connectivity and Compatibility with Surrounding Development 7. Inspire Unique and Thoughtful Development 8. Support the Development of Strong Neighborhoods 9. Provide Amenities Beyond Conventional Development 10. Preserve the Physical Characteristics of the Land 8. 10.2 APPLICABILITY A PUD may be submitted for any parcel of land located within any general zoning district or combination of general zoning districts within the Owasso City Limits. In all cases, the PUD will be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this chapter. 2. Approval of a Conceptual Development Plan is required prior to development of a PUD district. Conceptual Development Plans are subject to recommendation by the Planning Commission and approval by the City Council. 3. This PUD chapter shall complement the other sections of the Owasso Zoning Code. In instances where the requirements are conflicting, the Community Development Administrator shall determine the correct action. 4. The Conceptual Development Plan shall be submitted concurrently with a request for rezoning. 8.20 MINIMUM STANDARDS A. DENSITY By their very nature, PUD's are designed to develop parcels of land with unique or unusual, natural or man-made conditions. In order to promote development that makes use of and preserves such unique features, it may be necessary to cluster density within developments. If clustering of density is proposed, additional amenities shall be provided; the design shall promote and maintain useable open space; and a layout shall be provided that complements the existing conditions of the site. All PUD's shall calculate density based upon the gross area of the tract, which may include flood plains, rights of way, or easements to provide an overall gross density for the project that shall be expressed in units per acre. The gross density calculations shall be provided within the PUD Design and Intent Statement. 1. Single-Family Residential Densities - A residential PUD shall not exceed a gross density above five (5) dwelling units per acre for single-family residential developments. Should a development propose a density higher than five (5) units per acre, written justification shall be provided explaining the rationale of the 2 decision and additional amenities shall be provided to mitigate the increased densities. 2. Multi-Family Residential Densities - Multi-family densities shall be consistent with Chapter 4 of the Owasso Zoning Code and shall not exceed a maximum of twenty-five (25) units per acre gross density. Any proposed development that contains over 25 units/acre shall provide an explanation of why the higher density would be appropriate and how the additional density would be mitigated. All multi-family residential developments shall be accomplished through a PUD. B. LAND USE PERCENTAGES In any residential PUD, at least 20% of the gross area of the tract should be devoted to open space, common areas or amenities. Rights-of-way and utility easements on individual lots shall not apply to open space calculations. If at least 20% open space cannot be achieved, the project may be required to provide additional amenities to those required in section 8.20 L. in order to mitigate the reduction in open space. Because all PUD projects are unique, the administrator shall determine if additional amenities are required in relation to the amount of open space provided. C. PRESERVATION OF TREES AND OTHER NATURAL FEATURES PUD's shall be designed to preserve and enhance the existing physical characteristics of the land and the natural vegetation that exists on the land. Projects that require clear cutting or denuding of large tracts of land for development are discouraged. Trees in excess of eight (8) inches in caliper shall be preserved and worked into the overall design of the project, unless the applicant can provide substantial justification to remove said trees. Tree preservation credits shall be applied to all landscaping plans and additional landscaping shall be required for projects that remove excessive healthy vegetation. D. SCREENING AND BUFFERING Screening is an important part of any PUD proposal, especially when incompatible uses are proposed within the PUD, or exist in adjoining developments. Screening may be employed in the form of. 1. Fencing -Wood fencing shall have metal posts placed on the inside. 2. Walls - Stone, brick, split-faced block, or similar decorative materials shall be used. 3. Berms - Berms may be used in combination with vegetation or fencing to achieve the desired result. 4. Vegetation - Vegetation provides a screening mechanism that can be efficient and aesthetically pleasing. In many cases, leaving the natural vegetation as a means of screening achieves the desired results. 5. New vegetation may be planted that also achieves the intent of this section. Materials and sizes of vegetation shall be provided with the required Conceptual Development Plan and conform to Chapter 20 of the Zoning Code. Buffer yards shall be provided at all boundaries of the PUD where higher intensity or higher density uses adjoin existing tracts that are of a lower intensity or density. An example of this may be 5000 SF lots adjoining an existing single family development containing 20,000 SF lots. Buffers shall vary in size depending on the use or the density of the development, but in shall be a minimum of 20 feet in width. Vegetation and 3 screening is required in buffer yards. All residential PUD's shall contain decorative fencing along adjacent arterial roadways and shall also contain language covering the long-term maintenance of the fencing. If wood fencing is to be used, decorative columns of rock, brick, split face block, or similar permanent material shall be used at regular intervals. E. TRANSITION OF USES Great care shall be given as to the location of the more intense uses or densities within the PUD. Transition shall be achieved when possible by placing less intense uses along the perimeter of the PUD area with more intense uses near the center of the PUD. For example, if a PUD is proposed in an area that abuts mostly acreage lots, the PUD should place larger lots meeting RE or RS-I standards along the perimeter and move towards smaller lots within the core of the PUD area or along arterial streets. If transition cannot be achieved, a large and well-vegetated buffer should be provided. F. CONCEPTUAL LANDSCAPE PLAN Each PUD shall require a landscape concept plan at the time of submittal. The landscape plan shall depict general locations for landscaping, but shall not be required to go into great detail on the conceptual plan. Trees, however, shall be shown on the conceptual landscape plan. More detailed landscape plans may be required in the later stages of the development process in conformance with the City's adopted landscape requirements, or if the Administrator or Planning Commission deems it necessary. G. ADHERENCE TO CITY LANDSCAPE REQUIREMENTS All adopted landscape requirements shall be met by any PUD. A PUD shall provide landscaping that exceeds the City's minimum requirements in order to meet the goals, purpose, and criteria outlined in the PUD ordinance. H. SITE DEVELOPMENT 1. Low-Impact Design (LID) Criteria All PUD proposals are encouraged to incorporate LID techniques. Utilizing LID techniques can greatly reduce infrastructure costs and can be incorporated into common areas and open space. Some LID design possibilities are: Bio-retention areas (rain gardens), Green roofs, Permeable paving or driveways, Cisterns, Vegetated swales, and Impervious surface reduction. All PUD's are encouraged to define how LID principles shall be applied. 2. Grading and Site Disturbance PUD sites shall not be denuded of all vegetation. Great care should be given to developing drainage and grading plans that incorporate natural areas and preserve the topography and vegetation of the PUD area. All creeks or perennial streams shall have a minimum of a 20 foot undisturbed buffer measured from the top of the stream or creek bank and shall be included into the design of the PUD whenever possible. 4 3. Adherence to City, State, and Federal Requirements All grading and drainage plans shall meet all City, State and Federal requirements. PARKING AND CIRCULATION The developer shall provide plans that depict the safe and efficient movement of vehicles throughout the PUD. For any PUD that proposes more than two-hundred (200) residential units, a traffic study shall be provided to the City of Owasso for review. All Federal, State, and City regulations shall be met by the PUD proposal. All parking areas, driveways or other means of vehicular access shall be designed in accordance with Chapter 9 of the Owasso Zoning Code. OPEN SPACE At least 25% of the provided open space shall be developed and maintained for active or passive recreational activities. The remainder should be kept as marshland, wildlife areas, woodlands, creeks, etc. At least 10% of the above reference area shall be out of the floodplain (100-Year) and floodway. K. COMMON AREAS Common areas promote social interaction and help to create a sense of community. Common areas shall be provided throughout the development for the use and enjoyment of the residents of the surrounding area. L. AMENITIES REQUIRED Any residential PUD development shall provide at least one (1) amenity from each of the categories from the Table 8-1. 1) For any residential development that proposes a gross density of more than four (4) units per acre, one an additional amenity from any category shall be required for each 0.5 units per acre over 4. 2) A developer may propose any amenity not provided on the list and an explanation of what category it should fall under. The Community Development Administrator, the Planning Commission, or the City Council shall determine if an amenity is acceptable. 3) Amenities may be combined into one or more park/recreation areas. (i.e. pool with a club house or a park area with a basketball court, playground, and walking trails). 4) Park and recreation areas shall be placed in a centralized location within the development so it is convenient and accessible. 5) Any standing water feature or pond shall be re-circulated through a fountain, waterfall, or other aeration device. This requirement applies to any storm retention pond that is maintains a pool elevation of water. 6) All amenities will have long-term maintenance requirements that should be considered by future Homeowners Associations. Appropriate language should be included that clearly states that maintenance shall be covered by the 5 developer until the turnover date as described in Section 3.14 of the Subdivision Regulations. The developer shall create such legal entities as appropriate to undertake and be responsible for the ownership, operation, construction and maintenance of private roads, parking areas, common usable open space, community facilities, recreation areas, buildings, lighting, security measures, and similar common elements in a Planned Unit Development. 7) Said responsibilities and ownership of these areas shall be clearly articulated in the covenants for the development. 8) Amenities approved as a part of any PUD should be installed prior to the completion of the entire project. At least one (1) amenity shall be installed by the time 25% of the lots are developed and all amenities should be installed or completed prior to 75% of the lots being developed. No building permit shall be issued if a development does not meet these amenity requirements. CATEGORY AMENITY FEATURE SPORTS FIELDS, TENNIS COURTS, BASKETBALL COURTS, ACTIVE RECREATION VOLLEYBALL COURT, DISC GOLF COURSE, SKATE FACILITIES, BIKE PATHS, HIKING TRAILS, GOLF FACILITIES STOCKED FISHING POND, NATURE PRESERVE AREAS OF AT LEAST 2 ACRES, HORSE SHOE PIT, WILDLIFE VIEWING AREA (IF ADJACENT PASSIVE RECREATION TO PRESERVED HABITAT), CAMP GROUNDS, EQUESTRIAN FACILITIES, MEDITATION AREA, WALKING PATHS OR TRAILS, PEDESTRIAN BOULEVARDS, GREENS AND COURTS DOG PARKS, PICNIC AREAS, PAVILLIONS, OUTDOOR PUBLIC GATHERING AREAS AMPHITHEATRE, CLUBHOUSE, GAZEBO, BBQ AREA, DOCK AREAS, COMMUNITY GARDEN, PARK AREA FAMILY RECREATIONAL AREAS TOT LOT, SPLASH PAD, SWIMMING POOL, PLAYGROUND TABLE 8-1, REQUIRED AMENITIES M. CONSISTENCY WITH LAND USE PLAN Any proposed PUD shall be developed in accordance with the adopted Owasso Land Use Master Plan. The PUD shall meet the Goals, Objectives and Action Strategies stated within the plan. N. COMPATIBILITY WITH SURROUNDING DEVELOPMENT Each PUD shall be designed in a manner that is compatible with the surrounding development in the area. If the proposed development is not in character with the surrounding area, the PUD shall show how the development can be screened or employs techniques that will mitigate the incompatibility. 6 8.30 PROCEDURE A. PRE-APPLICATION MEETING A pre-application meeting is required prior to submitting a formal application for the proposed PUD project. This step offers the developer a chance to meet with City staff to discuss ideas related to the development of a PUD on a piece of property. City staff from different departments shall be available to discuss the project, answer questions and provide information to the developer. B. SUBMITTAL OF DEVELOPMENT APPLICATION After submittal of a completed PUD application packet with all required information, the Administrator shall provide a professional review of the project and shall assist the developer in understanding the PUD process. 2. The Administrator shall require sufficient detail in the Conceptual Development Plan to provide an opportunity for the reviewing bodies to make informed decisions and evaluate compliance with the applicable approval criteria. 3. The Administrator shall provide recommendations regarding changes or additions to the PUD that would make the project more consistent with the goals, purpose and standards of the PUD outlined in this chapter. Upon completion of a successful application, the PUD shall be placed on the next available Planning Commission Agenda. C. TECHNICAL ADVISORY COMMITTEE (TAC) 1. Prior to the Planning Commission, the City of Owasso's Technical Advisory Committee (TAC) shall review the PUD proposal and all supporting documentation. 2. The TAC shall provide comments to the developer regarding utilities, engineering, planning, and project design. 3. All TAC comments shall be addressed by the developer prior to the PUD being reviewed by the Planning Commission or City Council. D. NEIGHBORHOOD MEETING A neighborhood meeting between the applicant and adjoining property owners is strongly encouraged to introduce the project and listen to any concerns of the citizens. If such a meeting is held, City Staff will be present to answer procedural and City-related questions, but will otherwise observe and report on the discussions held at the meeting. Neighborhood meetings should be held at least 14 calendar days prior to the project being heard by the Planning Commission. It is also suggested that developers provide the Homeowners Associations of surrounding neighborhoods with a copy of the proposed development plans. 7 E. PLANNING COMMISSION The function of the Planning Commission is to listen to public concerns, afford the applicant or his or her designee an opportunity to make a formal presentation regarding the project review the project for conformity with the requirements of this ordinance, and to offer suggestions regarding the project design as it relates to impacts to adjoining properties. It shall be the duty of the Planning Commission to review each PUD prior to consideration of the City Council. At the Planning Commission meeting, the applicant or his or her designee shall be present and shall present a conceptual development plan and such other narrative or other graphic information pertinent to the City's initial review and evaluation of the potential of the Planned Unit Development proposed. At the Planning Commission meeting, the applicant or his or her designee and interested citizens will have the opportunity to discuss the merits of the Planned Unit Development proposal. The Planning Commission will assess the proposal in light of ordinance guidelines and will take action after weighing the recommendations of the Staff, the applicant's presentation, and the community's response. The Planning Commission shall review each application using the following process. 1. Planning Commission Action a) The Planning Commission shall review each PUD application for conformity to this ordinance. The Planning Commission action shall follow the process identified in section 1330.3 of the Zoning Code. b) The Planning Commission shall study the proposed PUD application, taking into account the recommendations of the staff, the review criteria and other applicable standards in this Ordinance. If the Planning Commission determines that the ordinance is not being met in certain areas, then they may make suggestions to the applicant and transmit the suggestions to the City Council as part of their report. The Planning Commission shall hear from the general public, and engage the developer in discussion of the project. c) The Planning Commission shall discuss any potential issues that they feel the project has and offer suggestions that may help the project meet the goals, purpose, and criteria identified in this chapter and this information shall be transmitted to the City Council. d) The Planning Commission shall have 90 days to act on a PUD application from the time of the submittal to the Community Development Department. If after 90 days the Planning Commission cannot render a decision with all requested documents and information provided by the applicant, the applicant may proceed to the City Council for consideration. Delays by the applicant in providing materials or documents to City staff shall not be counted towards the 90 days. Requests for changes and/or additional materials by the Planning Commission shall not be counted towards the 90 days. The 90 day review period shall only consist of time when an application is complete, the item placed on the agenda, and all requested materials or information have been provided. 8 F. CITY COUNCIL The City Council shall make the final decision on any PUD application. A final PUD plan shall be approved along with an Ordinance. The approved ordinance and PUD development plan shall dictate any future development on the subject property, unless the PUD is amended or expires. The City Council shall use the information provided by City staff, the recommendation from the Planning Commission, input from the public and the applicant to make a decision as approve or deny and proposed PUD. 1. The City Council may add conditions to the project that they feel are necessary to meet the intent of the PUD Ordinance. 2. Should the City Council require more information; the item can be tabled to a future meeting. If any major changes are made to the plans or new information is brought forward after review by the Planning Commission, the City Council may ask that the project return to the Planning Commission for review. 3. All conditions imposed by the Council shall become binding and shall be met before the project may proceed. 4. All planned development districts approved in accordance with provisions of this ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the zoning districts map, and a list of such planned development districts, together with the category of uses permitted therein, shall be maintained in the Community Development Department. 9 PUD Process Pre-application meeting with Planning Staff Submittal of application packet with fees Application reviewed and public hearing scheduled Staff review Notification prepared for newspaper and property posted with a sign Pre-Application Meeting with Planning Technical Advisory Committee Planning Commission Hearing City Council Hearing Final action and ordinance prepared 8.40 TIMELINE, EXPIRATION AND AMENDMENTS A. VALIDATION A PUD shall be validated once any portion of the property has been platted and recorded or a building permit is approved. B. ZONING ORDINANCE Because a PUD is a zoning action approved through City Council by Ordinance, the City shall file the ordinance approving the designation of a PUD on a tract of land, with the County Clerk's Office upon platting and recording any portion of the PUD. C. EXPIRATION For any PUD in which there has been no building permit issued nor any portion of the property platted after five (5) years since approval by the City Council, the PUD shall be considered null and void and shall be brought back before the Planning Commission and City Council for consideration prior to any development on the property. Upon approval of the PUD by the City Council, the Administrator shall transmit in writing the date by which the PUD will expire. PUD's are approved with underlying zoning. The underlining zoning of the site shall not expire, only the PUD overlay shall expire. D. CONFORMANCE WITH CURRENT REGULATIONS Expired PUD's shall be required to meet the most recently adopted regulations, ordinances, and development standards. E. EXTENSIONS An extension may be granted by the Administrator for PUD's that are nearing the 5 year expiration date. PUD's may be extended one (1) time for a maximum of two (2) additional years, provided a letter is submitted to the Administrator asking for the extension no less than two (2) months prior to the five (5) year expiration date. Said letter must indicate the following: 1. Reason for the extension 2. That there are no changes to the original PUD approved by the City Council. 3. Expected date by which a portion of the PUD will be platted It shall be the developing party or an individual who has legal authority to sign documents on their behalf responsibly to ask for and sign the letter of extension. If no extension has been sought and granted, said PUD shall be considered expired. If no portion of the property has been platted nor any building permit received by the Community Development Department, within the two (2) year extension period, said PUD shall expire and a new PUD application must be submitted. 8.40.1 AMENDMENTS There may be instances when a change or amendment to the original PUD is necessary or desired. In these situations, the magnitude of these amendments is considered. There are two types of amendments that can occur with a valid PUD, a major amendment and a minor amendment. 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. 11 A. MAJOR AMENDMENT A major amendment is described as a significant change that increases the density, intensifies the use, redistributes uses, or creates inconsistencies with the character of the PUD that was initially approved. A major amendment shall proceed through the entire PUD process as outlined in this chapter. The Administrator shall determine if the changes to the PUD meet the criteria for a major amendment, is an appropriate change, and will maintain the spirit of what was approved in the original PUD. Modifications from the previously approved PUD plan shall be deemed by the administrator to be a major amendment if said modifications cause one of the following to occur: 1. Increase the total number of dwelling units by more than ten percent (I 07o); 2. Reduce the amount of common open space by ten percent (10%) from what was originally approved; 3. Substantially change the location of any multi-family or non-residential areas as shown on the approved PUD Example: An approved 100 acre PUD shows 20 acres for office, 10 acres for commercial, and 70 acres for residential single family. If the amendment proposes to move the commercial area to another location within the PUD, then it would be deemed to be a major amendment. 4. Eliminate a proposed use that was approved with the original PUD that substantially changes the character of the project, 5. Change the location of the access points into the PUD or connections to adjoining residential development. Modifications in the location or design of minor streets, cul-de-sacs, alleys, or facilities for water and for disposal of stormwater and wastewater internal to the development shall not be considered as a major amendment, 6. Complete elimination of a recreational feature that was identified in the approved PUD, without replacing it with an in-kind feature. B. APPEAL An appeal from the Administrators decision that the changes to the PUD construe a major amendment shall be made in writing by filing a notice of appeal to the Planning Commission within ten (10) days of the Administrators decision. Said appeal shall be heard a regular meeting of the Planning Commission, at which time the applicant may defend his proposal. Appeals shall not require public notification. C. MINOR AMENDMENT Small changes that still meet the intent of the ordinance, do not increase the density in excess of 10%, are consistent with surrounding development, and do not pose a threat to the health, safety, or welfare of the City of Owasso can be administratively approved as a Minor Amendment. Minor amendments may also include relocation of landscape areas, parking areas, drive aisles, or other similar changes that are minor in scope. 12 Minor amendments shall be approved administratively. Depending upon the nature of the amendment, the Administrator may be require the PUD to go before the Technical Advisory Committee (TAC). 8.50 CONCEPTUAL DEVELOPMENT PLAN A. CONCEPTUAL SITE PLAN The required conceptual plan shall be a rendered plan that clearly articulates the overall concept of the PUD. Figure 8.2 illustrates an acceptable conceptual site plan rendering. The site plan shall include the entire PUD area, and may include site plans of smaller areas to provide more specificity if the development is large. 1. The site plan shall include, at a minimum, the following: a. Name of the proposed development b. Name and address of the property owner and developer c. Name of the preparer of the document d. Graphic scale drawn at a scale no smaller than 1:100, a north arrow, date of preparation, and a legend. Vicinity map outlining the location of the development in relation to major streets within 1000 feet, schools, and other landmarks. The County where the development lies shall be depicted e. Legal description of the property f. Total acreage of the tract, total acreage of the proposed area to be improved, and acreage of open space g. Location and name of abutting subdivisions and City Limit Lines h. Wooded areas, wetlands, waterways, floodplain and floodway, ponds and other natural features i. General location of all proposed streets j. Proposed density of the development depicted in gross density figures (gross units per acre of the entire development) k. Location and identification of all land uses within the PUD shall be depicted. Identification of all amenity locations, detention areas, open space areas, etc. 1. General location of parking areas for non single-family areas m. Depiction of any proposed walking trails, pathways, and buffer yards, including fences n. Notation on the plan of how wide the buffer yards will be and how they will be landscaped o. Location and type of amenities provided 13 Figure 8.2 Acceptable Conceptual Development Plan B. CONCEPTUAL DEVELOPMENT PLAN AS THE PRELIMINARY PLAT Should a conceptual development plan be provided that goes into sufficient detail necessary for submittal of a preliminary plat, the plan may be used as the preliminary plat for the PUD project. If the conceptual development plan is to be used as the preliminary plat, it must contain all of the required elements for preliminary plat approval outlined in the subdivision regulations of the City of Owasso. If the PUD is approved with a site plan that is sufficient to be used as a preliminary plat, the applicant may proceed to the final plat stage. It is not required that the entire development be platted, only the portion the applicant intends to develop initially. Additionally, the conceptual site plan can be used as the actual site plan for the development if it has TAC comments that have been addressed. If the site plan is unchanged, additional TAC review will not be required. 8.50.1 DESIGN AND INTENT STATMENT A. REQUIREMENTS The design and intent statement shall clearly articulate the vision for the proposed development and shall identify key elements of the project that justify using a PUD approach over conventional zoning. 1. At a minimum, the design and intent statement shall include some basic elements, listed below. p. Overall project statement of proposed use and intent. q. List of the proposed land uses including residential densities 14 r. List of all parties involved (applicant, owner, agent, plan preparer) s. Thorough narrative explaining why the development is appropriate, how it complies with the PUD ordinance. The applicant should explain how the PUD is consistent with the goals, purposes, and standards listed in this chapter. t. A statement regarding the compatibility of the proposed development with the surrounding area. The statement should address buffer zones, transition, screening, types of materials to be used, square footage of structures, . u. A table showing how the proposed PUD will differ from current bulk standards, with an outline of what sections of the zoning ordinance or subdivision regulations that the PUD seeks relief from. v. An outline of the covenants that will govern the property and information about the development of a Homeowners Association and how they will govern the common areas. w. An anticipated timeline for development, which may include a phasing plan. x. The PUD's consistency with the Owasso Land Use Master Plan. Sections 8.50.2-8.59 Reserved SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Zoning Code, Chapter 8, Planned Unit Developments, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, is hereby amended as set forth above. 15 PASSED AND APPROVED this day of L ~L,,u 11013. oug Bonebrak , Mayor ATTEST: Sherry BisWp, City Cl (SEAL) c~ OFFICIAL ` L APPROVED AS TO FORM::- Juli Lombardi, City Attorney 16 PUBLISHER'S AFFIDAVIT ORD NO. 1020 PUBLICATION DATE(S) 01/17/13 CASE NUMBER: ORD NO. 1020 AD NO: 00156387 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS 1, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Representativ ignature Subscribed to and sworn to me this 18th day of January, 2013. -r " i 67,u ll~ Notary Public L T NA Y CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 43.40 NANCY CAROL MOC"RE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011634 EXPIRES 12-8-2014 t 156387 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, January 17, 2013. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1020 AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SUB-CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): AMENDED LANGUAGE The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12, Chapter 2, Sub-Chapter 8, Planned Unit Developments and Overlay Districts, Sections 810-850 shall be amended to read as follows: CHAPTER 8 - Planned Unit Developments and Overlay Districts Due to the size of the Ordinance document, copies can be viewed on the city's website at www.cityofowasso.com or by contacting Julie Stevens, Deputy City Clerk, at (918) 376-1502. PASSED AND APPROVED this 8th day of January, 2013. /s/ Doug Bonebrake, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney 0 The CitMo - V y Wit out Limits. APPROVED BY COUNC I. JAN 0 8 2013 TO: The Honorable Mayor and City Council City of Owasso FROM: Karl A. Fritschen, RLA, AICP Community Development Director SUBJECT: Ordinance 1020 - Planned Unit Developments, Chapter 8 of the Owasso Zoning Code DATE: January 4, 2013 BACKGROUND: The PUD (Planned Unit Development) process is the preferred vehicle of choice for developers of single family subdivisions and multi-use commercial centers in Owasso. Many new subdivisions being platted use the PUD process. A PUD is essentially negotiated zoning and, as such, the developer is asking for relief to the underlying by-right zoning restrictions. What most cities, including Owasso, have done is allow this flexibility in exchange for additional amenities or open space as part of the development. While this has worked to some degree in Owasso, there have been some inconsistencies in terms of the amenities being provided and usable areas of open space. Additionally, staff has encountered several PUD's that were approved over five (5) years ago that were never activated, primarily due to the slowdown in the economy. The current ordinance is ambiguous with respect to what constitutes an amenity or useable open space; what happens to an expired PUD; and what determines if it is expired or not. Additionally, the ordinance is silent on what the minimum requirements are for a PUD submission and exactly how much density is allowed and how it is measured. Owasso has had great success through the use and implementation of PUD's and these proposed changes would only strengthen the PUD process and improve the quality of development. INPUT RECEIVED Since August, 2012, staff presented various drafts before the Owasso Economic Development Authority, City Council, and Planning Commission. Additionally, the document has been available on the City's web and Facebook page for review and comment. Throughout this process, the document received valuable input and was continuously refined and improved resulting in the final language in the attached ordinance. As with the other text amendments, the proposed PUD text amendment followed a transparent and open process, which promoted dialog and input from all interested stakeholders. REASON FOR THE PROPOSED CHANGE: In an ongoing effort to make improvements to the Owasso Zoning Code, this text amendment is being proposed to establish a level and predictable playing field for all applicants choosing to use the PUD method for development, while at the same time ensuring quality sustainable development that will result in higher property values. Furthermore, the PUD amendments provide a clearer, easier-to-use document that will benefit applicants, City staff, and decision making bodies when applications are reviewed. These changes are also consistent with the vision set forth by the Quality of Life Initiative document, which emphasized quality neighborhoods that would sustain their property values. PROPOSED AMENDMENT TO THE ZONING CODE: The proposed text amendment to the City of Owasso Zoning Code will replace sections 810-850, Chapter 8, Planned Unit Developments with the new attached language. PLANNING COMMISSION The Planning Commission at their regular meeting on December 10, 2012 voted to recommend approval of the text amendment. CITY COUNCIL City Council held a public hearing on December 18, 2012 for the purpose of receiving citizen comments and input relating to the new PUD Chapter of the Zoning Code. No comments were received from the public regarding this proposed new ordinance and no action was taken at the City Council meeting. An ordinance is now being brought before City Council for consideration and action regarding the final step in the zoning code text amendment process. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 1020, amending Chapter 8, Planned Unit Developments of the Owasso Zoning Code. ATTACHMENT: Ordinance 1020