PLANNED
UNIT DEVELOPMENT
1100. Description
1101.
Purposes
1102.
General Provisions
1103. Uses
Permitted in Planned Unit Developments
1104. Bulk
and Area Requirements
1105. Perimeter
Requirements
1106. Off-Street
Parking and Loading
1107. Administration
of Planned Unit Development
SECTION 1100. DESCRIPTION
Planned Unit Development (PUD) is an
alternative to conventional development where the particular tract is under
common ownership or control, and a development plan for the development of the
tract as a unit is proposed and submitted for public review. The supplemental
zoning district PUD must be approved by the City Council as a prerequisite to
the Planned Unit Development.
SECTION 1101. PURPOSES
The purposes of the Planned Unit Development
are to:
A. Permit and encourage innovative land
development while maintaining appropriate limitation on the character and
intensity of use and assuring compatibility with adjoining and proximate
properties;
B. Permit greater flexibility within the
development to best utilize the unique physical features of the particular
site;
C. Permit creative land use design;
D. Provide and preserve meaningful open space;
E. Achieve a continuity of function and design
within the development;
SECTION 1102. GENERAL PROVISIONS
Planned Unit Development is permitted on
tracts having the supplemental zoning district designation PUD. In every
instance, the PUD is to 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. The
City Council in approving or amending a PUD and the Planning Commission in
approving a minor amendment, may impose restrictions as conditions of approval
in addition to those imposed by the underlying zoning and the PUD chapter. No
modification of use or bulk and area requirements of the applicable general use
district or districts shall be permitted unless a subdivision plat
incorporating the provisions and requirements of this chapter is submitted to
and approved by the Planning Commission and the City Council and filed of
record in the office of the County Clerk of the county in which the property is
located. The TMAPC may waive the platting requirements if the property is
already platted and if the PUD conditions for approval are included in the form
of restrictive covenants and filed of record with the
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SECTION 1103. USES PERMITTED IN A PLANNED
UNIT DEVELOPMENT
A. Principal Uses
The development may consist of one (1) or
more of the uses permitted by right or exception within the general zoning
district or districts within which the Planned Unit Development is located,
provided:
1. That if any part of the Planned Unit Development is
located within a residential district, the permitted uses may additionally
include one (1) or more of the dwelling types contained in Use Unit 6,
Single-Family Dwelling, Use Unit 7, Duplex Dwelling, Use Unit 7a, Townhouse
Dwelling, Use Unit 8, Multifamily Dwelling;
2. That Use Unit 9, Manufactured Home Dwelling, shall be
a permitted use only within Planned Unit Developments which are located in
whole or in part in an RMH District;
3. That the permitted uses, whether principal or
accessory uses, may be reallocated within the development irrespective of the
general zoning district boundaries;
4. Outdoor advertising signs shall meet the use
conditions set forth in paragraph 1221.F.
B. Accessory Uses
Accessory uses customarily incidental to the
principal uses within the PUD shall be permitted.
1. Accessory
Commercial.
In addition to
accessory uses customarily incidental to a permitted principal residential use,
accessory commercial uses may be permitted within a multifamily development
area, subject to the conditions enumerated in paragraph 402.B.2. Accessory
commercial uses may be permitted within an office development area,
irrespective of the specific office zoning classification, subject to the
conditions enumerated in paragraphs 602.B.2 and 602.B.3.
2. Signs:
a. Signs accessory to residential uses or uses permitted
by exception in residential districts shall comply with the provisions of the
residential district.
Signs accessory to
principal office and/or scientific research uses shall comply with the
restrictions in the OL or SR zoning districts, respectively. Provided signs
accessory to principal office and/or scientific research uses if located in
areas with C or I underlying zoning may be permitted signage based on the
standards set out in the paragraph immediately below.
Business signs,
except wall signs, which are accessory to principal commercial or industrial
uses shall comply with the regulations for signs in a CS District as set forth
in paragraphs 1221.D.1, 1221.D.3 and 1221.D.4 and, in addition, shall comply
with the provisions of paragraph 1103.B.2.b, herein. Wall signs shall not
exceed an aggregate display surface area of two (2) square feet per each lineal
foot of the building wall to which the sign or signs are affixed.
The approving
authority may impose such additional restrictions as are necessary to maximize
compatibility with other neighboring uses.
b. General
Use Conditions for Business Signs:
(1) No
roof signs shall be permitted. Projecting signs, signs with movement or
flashing illumination, revolving or rotating signs, signs with animation or
changeable copy signs may be permitted as limited by paragraph 1221.C.2.
(2) Signs,
if visible from an R district other than street, highway or freeway
right-of-way, or if visible from a designated residential development area,
shall not be located within fifty (50) feet of said district or area. However,
signs larger than three hundred (300) square feet visible from an R district
other than street, highway or freeway right-of-way, or if visible from a
designated residential development area, shall not be located within two
hundred (200) feet of said district or area.
(3) Any
ground sign shall maintain a minimum separation of one hundred (100) feet from
any other ground sign.
(4) Ground
signs and promotional business signs shall not exceed twenty-five (25) feet in
height measured from the mean curb level of the lot upon which it is erected,
unless, in addition to the minimum setback prescribed in paragraph 1221.C.5,
the sign is set back one (1) foot for each foot of height exceeding twenty-five
(25) feet. In no event shall the sign
exceed a height of forty (40) feet unless the abutting street is a designated
freeway on the Major Street and Highway Plan. In those cases where the abutting
street is a designated freeway, the maximum permitted sign height shall be
fifty (50) feet. No portion of the ground sign shall be within ten (10) feet of
the freeway right-of-way.
(5) Only
one (1) side of a double-faced sign shall be included in the computation of
display surface area.
(6) Promotional
business signs may be utilized in accordance with paragraph 1221.C.7.
c. General
Use Conditions for Outdoor Advertising Signs
Outdoor
advertising signs shall comply with paragraph 1221.F, provided that the
approving authority may impose such additional restrictions as are necessary to
maximize compatibility with neighboring uses.
TOP OF CHAPTER
TABLE OF CONTENTS
SECTION 1104. BULK AND AREA REQUIREMENTS
A. Intensity of Use
Within the development, the intensity may be
reallocated irrespective of the general zoning district boundaries.
1. Residential
Intensity: The residential intensity
shall not exceed a maximum number of dwelling units computed as follows:
Maximum number of
Permitted Dwelling Units =
Gross area* of property located within a residential district divided by
Minimum land area per dwelling unit permitted in the applicable use district.
The minimum land
area per dwelling unit, for the purpose of the above-described computation,
shall be the least restrictive minimum land area per dwelling unit permitted in
the applicable district as set forth in Subsections 403.A, 403.B, and 404.C.
Each 600 square feet of a quasi-dwelling, such as a care home, shall constitute
a dwelling unit. If the PUD is within two or more residential districts, the
permitted density shall be the sum of the permitted dwelling units computed
separately for the gross area within each district. For a PUD located totally
within a residential district or districts, the gross area for the purposes of
the above-described computation shall be reduced by the area or areas
designated for any principal use other than dwelling, quasi-dwellings,
residential open space and recreation areas.
2. Nonresidential
Intensity: The nonresidential
intensity shall not exceed a maximum permitted floor area computed as follows:
Maximum Permitted
Floor Area =
Gross area* of property located within a nonresidential district
multiplied (X) by the floor area ratio permitted either by right or
exception within the bulk and area requirements of the applicable use district,
except where a floor area ratio is not specified, a floor area ratio of .75
shall apply.
The intensity of
use of a PUD located within two or more zoning districts of the following
differing general classifications:
Residential,
Office, Commercial, and Industrial
shall be separately
calculated and allocated within the Planned Unit Development by said general
classification.
*For the purpose of intensity computations, gross area shall mean the lot
area plus 1/2 of the right-of-way of any abutting street to which the lot has
access.
B.
Within a PUD, minimum requirements for lot
width, frontage and area shall be prescribed.
C. Livability Space
Within a PUD, livability space for a
residential development area shall be provided in an aggregate amount of not
less than the amount of livability space required by the applicable zoning
district (Subsection 403.A) for conventional development of a comparable number
of dwelling units. Required livability space shall be provided on the lot
containing the dwelling unit or units on which computed, or in common areas.
Common livability space shall be designed and located so as to be accessible to
the dwelling units it is intended to serve. Provisions for the ownership and
maintenance of common livability space as will insure its continuity and
conservation shall be incorporated in the subdivision plat, in compliance with
the provisions of Subsection 1107.F.
D. Building Height,
Setbacks and Yards
Within a PUD, the building height limitations,
building setback requirements and minimum yards shall be prescribed and
incorporated within the subdivision plat in compliance with the provisions of
Subsection 1107.F. Every structure shall be set back from the centerline of an
abutting public street designated on the Major Street and Highway Plan a
horizontal distance of not less than 1/2 of the right-of-way designated on the
Major Street and Highway Plan.
E. Landscape Area
Within a PUD, minimum landscaped open space
is required for each type of non-residential development area as follows:
|
1. |
Office Use |
15% of lot area |
|
2. |
Commercial use |
10% of lot area |
|
3. |
Industrial Use |
5% of lot area |
TOP OF CHAPTER TABLE OF CONTENTS
SECTION 1105. PERIMETER REQUIREMENTS
Within a PUD, perimeter requirements for
screening, landscaping, and setbacks, as are necessary to assure compatibility
with adjoining and proximate properties, shall be prescribed and shall be incorporated
within the subdivision plat in compliance with the provisions of Subsection
1107.F.
SECTION 1106. OFF-STREET PARKING AND LOADING
Within a PUD, off-street parking and loading
spaces shall be provided as specified in the applicable use units and in
conformance with the requirements of Chapter 13, Off-Street Parking and
Loading; provided, however, that Subsection 1301.B and Subsection 1302 shall
not apply. Required spaces may be provided on the lot containing the uses for
which it is intended to serve or in common areas. Common parking area shall be
designed and located so as to be accessible to the uses it is intended to
serve. Provisions for the ownership and maintenance of common parking space as
will insure its continuity and conservation shall be incorporated in the
subdivision plat, in compliance with the provisions of Subsection 1107.F.
SECTION 1107. ADMINISTRATION OF PLANNED UNIT
DEVELOPMENT
A. General
Any person, corporation, partnership,
association, or combination thereof, owning or possessing a property right or
interest in or to a tract of land may make application for the supplemental
district designation PUD. Such application shall be accompanied by a
development plan processed in the manner set forth in Subsections 1107.B,
1107.C, 1107.D and 1107.E.
An application for the supplemental district
designation PUD may be processed simultaneously with an application for an
amendment to the general zoning district and made contingent upon approval of
said application.
B. Application and
Development Plan
An application for a Planned Unit
Development shall be filed with the Planning Commission. The applicant shall
pay an application fee in accordance with the established fee schedule, and
additionally shall pay the newspaper publishing cost and the cost of posting
appropriate signs on the subject property which fee and costs shall accompany
the application. The application shall be in such form and content as the
Planning Commission may establish. Three (3) copies of the development plan
shall accompany the filing of the application.
The development plan shall consist of maps
and text which contain:
1. Proposed development areas and requested land uses;
2. Proposed number of off-street parking and loading
spaces, amount of open space and number and size of business signs;
3. Proposed maximum building heights and minimum
building setbacks;
4. Proposed public and private vehicular and pedestrian
circulation systems;
5. Proposed landscaping areas and screening;
6. Proposed intensity of residential uses expressed in
number of dwelling units and proposed intensity of nonresidential uses
expressed in floor area, allocated to proposed development areas of the Planned
Unit Development;
7. Sufficient surrounding area to demonstrate the
relationship of the PUD to adjoining uses, both existing and proposed;
8. Existing topographic character of the land including
identification of any floodplain areas and treed areas. In instances of
probable development constraints due to slope and/or soil conditions, the TMAPC
staff may require the submittal of slope and/or soil analysis;
9. An explanation of the character of the PUD; and
10. The expected schedule of development.
C. Detail Plans.
The City Council, as a condition of approval
of a Development Plan, may require the following detail plans to be submitted
to the City Council and/or the Planning Commission for approval.
1. Detail site plans for specific development areas
within the PUD that comply with all approved development standards and which
include:
a. uses of land;
b. location, size, height and setbacks for all
buildings;
c. location and number of off-street parking spaces; and
d. private and public vehicular and pedestrian
circulation.
If a detail site plan is required, approval
shall be secured prior to the issuance of a building permit.
2. Detail sign plans that comply with all approved
development standards and which include location, size, height and setbacks for
all signs. If a detail sign plan is required, approval shall be secured prior
to the issuance of a sign permit.
3. Detail landscape and/or fence plans that comply with
all approved development standards and which include location, type and size of
plant materials, and location and design of required screening fences or walls.
If a detail landscape and/or fence plan is required, approval shall be secured
and installation shall occur in accordance with approved plans prior to the
issuance of an occupancy permit.
4. Exterior building detail plans which may include
elevations and perspective drawings of the buildings to be constructed. This
requirement shall not apply to platted single-family lots. If an exterior
building detail plan is required, approval shall be secured prior to the
issuance of a building permit.
When the Planning
Commission is authorized by the City Council to approve detail plans, the
Commission may delegate to members of its Staff, review and approval of Detail
Sign and Landscape Plans and minor revisions to previously approved Detail Site
Plans to determine if said plans comply with approved development standards of
the PUD. Appeals to the Planning Commission from a decision of the Staff, with
regard to detail plan, may be taken by any person or persons aggrieved by the
filing of a notice of appeal with the Secretary of the Planning Commission
within ten (10 days from the date of such Staff decision.
D. Public Hearing and
Planning Commission Action
The Planning Commission, upon the filing of
an application for the supplemental district designation PUD shall set the
matter for public hearing and give 20 days notice thereof by publication in a
newspaper of general circulation, 20 days notice of a public hearing by mailing
written notice to all owners of property within a 300 foot radius of the
exterior of the boundary of the property and 20 days notice of public hearing
by posting of a sign or signs on the property sought to be rezoned. (See
Subsection 1703.C for contents of notice.) Within 60 days after the filing of
an application, the Planning Commission shall conduct the public hearing and
shall determine:
1. Whether the PUD is consistent with the Comprehensive
Plan;
2. Whether the PUD harmonizes with the existing and
expected development of surrounding areas;
3. Whether the PUD is a unified treatment of the
development possibilities of the project site; and
4. Whether the PUD is consistent with the stated
purposes and standards of this Chapter.
The Planning Commission shall forward its
recommendation, the application, and the development plan to the City Council
for further hearing as provided in Subsection 1107.E.
E. City Council Action
Upon receipt of the application, development
plan, and Planning Commission recommendation, the City Council shall hold a
hearing, review the development plan and approve, disapprove, modify, or return
the development plan to the Planning Commission for further consideration. Upon
approval, the Zoning Map shall be amended to reflect the supplemental
designation PUD, and the applicant shall be authorized to process a subdivision
plat incorporating the provisions of the development plan.
F. Planned Unit
Development Subdivision Plat
A Planned Unit Development subdivision plat
shall be filed with the Planning Commission and shall be processed in
accordance with the Subdivision Regulations, and, in addition to the
requirements of the Subdivision Regulations, shall include:
1. Details as to the location of uses and street
arrangement;
2. Provisions for the ownership and maintenance of the
common open space as will reasonably insure its continuity and conservation.
Open space may be dedicated to a private association or to the public, provided
that a dedication to the public shall not be accepted without the approval of
the City Council;
3. Such covenants as will reasonably insure the
continued compliance with the approved development plan. In order that the
public interest may be protected, the City of Tulsa shall be made beneficiary
of covenants pertaining to such matters as the requirement of approval of
detail plans prior to the issuance of any permits, location of uses, height of
structures, setbacks, screening, open space, signage and access. Such covenants
shall provide that the City of
G. Issuance of Building
Permits
After the filing of an approved PUD
subdivision plat and notice thereof to the Building Inspector, no building
permits shall be issued on lands within the PUD except in accordance with the
approved plat and restrictive covenants.
H. Amendments
Major amendments which would represent a
significant departure from the approved development plan shall require
compliance with the notice and procedural requirements of an original Planned
Unit Development. Minor amendments to the PUD, however, may be authorized by
the Planning Commission, which may direct the processing of an amended
subdivision plat, incorporating such changes, so long as a substantial
compliance is maintained with the approved Development Plan and the purposes
and standards of the PUD provisions hereof.
The following may be considered minor
amendments.
1. Adjustment of internal development area boundaries,
provided the allocation of land to particular uses and the relationship of uses
within the project are not substantially altered.
2. Limitation or elimination of previously approved
uses, provided the character of the development is not substantially altered.
3. Increases in dwelling units, provided the approved
number of dwelling units is permitted by the underlying zoning and the density
of a development area is not increased more than 15%.
4. Increases in permitted non-residential floor area,
provided the increased floor area is permitted by the underlying zoning and the
floor area of a development area is not increased more than 15%.
5. Modification of the internal circulation system,
provided the system is not substantially altered in design, configuration or
location.
6. Changes in points of access, provided the traffic
design and capacity are not substantially altered.
7. Addition of customary accessory buildings and uses
within the delineated common open space of a residential PUD, including but not
limited to swimming pools, cabanas, security buildings, club houses and tennis
courts.
8. Location of customary residential accessory buildings
and uses on an adjoining single-family residential lot within the PUD,
including but not limited to swimming pools, cabanas, garages, and tennis
courts, provided an agreement has been recorded by the owner prohibiting the
conveyance of the lot containing the accessory use separate from the conveyance
of the lot containing the principal use.
9. Changes in structure heights, building setbacks,
yards, open spaces, building coverage and lot widths or frontages, provided the
approved Development Plan, the approved PUD standards and the character of the
development are not substantially altered.
10.
11. Home occupations which meet the requirements of
Subsection 404.B Home Occupations, of the Zoning Code.
12. Modifications to approved signage, provided the size,
location, number and character (type) of the sign(s) is not substantially
altered.
13. Modification to approved screening and landscaping
plans, provided the modification is not a substantial deviation from the
original approved plan.
14. Changes reducing the number of permitted dwelling units.
15. Changes in an approved use to another use may be
permitted, provided the underlying zoning on the particular site within the PUD
would otherwise permit such use by right and the proposed use will not result
in any increase of incompatibility with the present and future use of the
proximate properties.
Ten (10) days notice of public hearing shall
be given for minor amendments by mailing written notice to all owners of
property within a three hundred foot (300') radius of the exterior boundary of the
subject property.
In instances where the municipal legislative
body has specifically imposed a PUD condition more restrictive than originally
recommended by the Planning Commission, any minor amendment of that specific
condition must be approved by the City Council.
If the Planning Commission determines that
the proposed amendment, if approved, will result in a significant departure
from the approved Development Plan or otherwise change the character of the PUD
significantly or that the cumulative effect of a number of minor amendments
substantially alters the approved Development Plan,then the amendment shall be
deemed a major amendment to the Development Plan. Major amendments shall comply
with the notice and procedural requirements of Section 1703, Zoning Map
Amendments.
An appeal from any minor amendment decision
by the TMAPC may be taken by any person or persons aggrieved, or any taxpayer
or any officer, department, board or bureau of the City, to the City Council by
filing notice of appeal with the City Clerk and with the Secretary of the TMAPC
within ten days from the date of such action. Such notice of appeal shall
specify the grounds of the appeal. No bond or deposit for costs shall be
required for such appeal. Upon filing of the notice of appeal, the TMAPC shall
forthwith transmit to the City Council, the original or certified copies of all
the papers constituting the record in the case, together with the decision of
the TMAPC. The City Council shall notify the applicant and all interested
parties, as recorded in the minutes of TMAPC, of the appeal hearing date.
J. Abandonment
Abandonment of a Planned Unit Development
shall require the City Council's approval, after recommendation by the Planning
Commission, of an application for amendment to the Zoning Map repealing the
supplemental designation of PUD. The City Council may amend the underlying
zoning upon abandonment of the PUD. Upon final action authorizing the
abandonment of the Planned Unit Development, no building permit shall be issued
except in accordance with the restrictions and limitations of the general
zoning district or districts.