ORDINANCE NO.            1-02                       

 

TITLE

 

 

AN ORDINANCE TO AMEND ORDINANCE NO. 2, TITLED “THE ZONING ORDINANCE OF THE CITY OF OAK RIDGE, TENNESSEE,” BY AMENDING SECTION 6-109, TITLED “DEFINITIONS PERTAINING TO BUILDING USE,” TO INCLUDE DEFINITIONS FOR COMMON OPEN SPACE, CULTURAL AND ENVIRONMENTAL OPEN SPACE, AND IMPROVED RECREATIONAL OPEN SPACE; BY DELETING SECTION 6-636, TITLED “PLANNED UNIT DEVELOPMENT,” IN ITS ENTIRETY; BY DELETING SECTION 6-637, TITLED “PLANNED SHOPPING CENTERS,” IN ITS ENTIRETY; AND BY ADDING A NEW SECTION 6-720, TITLED “PUD, PLANNED UNIT DEVELOPMENT DISTRICTS,” TO CREATE A MORE DESIRABLE ENVIRONMENT WITHIN RESIDENTIAL AND COMMERCIAL DISTRICTS THROUGH THE APPLICATION OF FLEXIBLE AND DIVERSIFIED LAND DEVELOPMENT TECHNIQUES UNDER A COMPREHENSIVE PLAN.

 

WHEREAS, the City of Oak Ridge desires to amend the Zoning Ordinance relating to planned unit developments in order to provide opportunities for more efficient utilization of land while maintaining a high standard of both residential and commercial development; and

 

WHEREAS, the following change has been submitted for approval or disapproval to the Oak Ridge Regional Planning Commission and the Commission has approved the same; and

 

WHEREAS, a public hearing thereon has been held as required by law.

 

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCILMEN OF THE CITY OF OAK RIDGE, TENNESSEE:

 

Section 1.  Ordinance No. 2, titled “The Zoning Ordinance of the City of Oak Ridge, Tennessee,“ Section 6-109, titled “Definitions Pertaining to Building Use,” is hereby amended by adding the following new Subsections 6-109(ll) – (pp), which new subsections shall read as follows:

 

               6-109               Definitions Pertaining to Building Use

 

(ll)             Common Open Space:

 

A parcel or parcels of land and/or an area of water within a development that are held in some form of common ownership and designated, designed and intended for benefit, use or enjoyment of the occupants of said development.  "Common Open Space" may contain such complementary structures and improvements as necessary and appropriate for the benefit and enjoyment of the occupants of such development.

 

                        (mm)             Cultural and Environmental Open Space:

 

A parcel or parcels of land and/or an area of water within a planned unit development that is held in some form of common ownership and restricted to use only as:  (1) vegetative buffers, or other forms of environmental protection including floodplains, steep slopes or other environmentally sensitive lands; or  (2) a site of historic or prehistoric human activity such as, but not restricted to, mounds, forts earthworks, burial grounds, structures, villages, mines, caves and all locations which are listed on the National Register of Historic Places.

                       


(nn)             Improved Recreational Open Space:

 

A parcel or parcels of land and/or an area of water within a planned unit development that is designated, designed and intended for benefit, active or passive recreational use or enjoyment of the occupants of said development.

                       

Section 2.  Ordinance No. 2, titled “The Zoning Ordinance of the City of Oak Ridge, Tennessee,“ Section 6-636, titled “Planned Unit Development,” is hereby deleted in its entirety.

 

Section 3.  Ordinance No. 2, titled “The Zoning Ordinance of the City of Oak Ridge, Tennessee,“ Section 6-637, titled “Planned Shopping Centers,” is hereby deleted in its entirety.

 

Section 4.  Ordinance No. 2, titled “The Zoning Ordinance of the City of Oak Ridge, Tennessee,“ is hereby amended by adding a new Section 6-720, titled “PUD, Planned Unit Development Districts,” which new section shall read as follows:

 

               6-720               PUD, Planned Unit Development Districts

 

                              (a)               General Provisions     

 

1.            Intent and Purpose

 

The purpose of the planned unit development (PUD) district is to allow the creation of a more desirable environment within residential and commercial districts through the application of flexible and diversified land development techniques under a comprehensive plan and program that is professionally prepared.  This procedure is intended to provide opportunities for more efficient utilization of land than would otherwise be the case under the conventional provisions of the Zoning Ordinance.  In return, the PUD districts require a high standard for the protection and preservation of environmentally sensitive lands, well planned living, working and shopping environments and the timely provision of essential utilities and streets.

 

PUDs are intended to be the vehicle for the application of new techniques and technology to community development.  The PUD is not intended as a mechanism for blanket reduction of setbacks below that allowed by the base zoning district of the PUD.

 

The objective of PUDs is to achieve excellence in physical, social and economic planning by including:

 

a.                   An orderly and creative arrangement of all land uses with respect to each other and to the entire community;

 

b.                   A planned integrated comprehensive transportation system providing for separation of pedestrian and vehicular traffic;

 

c.                   The provision of recreational facilities;

 

d.                   Efficient use of land resources and conservation of environmentally sensitive areas;

 

e.                   The provision of adequate and well-designed open space; and

f.                     The staging of development in a manner that can be accommodated by the timely provision of public utilities, facilities and services.

 

The Planning Commission shall evaluate applications for PUDs in accordance with these purposes and intents.

 

An important feature of the PUD concept is to give the developer reasonable assurance of ultimate approval before expending complete design monies while providing City officials with assurance that the project shall retain the character envisioned at the time of preliminary approval.

                                     

2.            Consistency with the Comprehensive Plan and Area Master Plans

 

            No PUD shall be approved unless all plans for development are found to be consistent with the then current version of the Comprehensive Plan for the City and any adopted special Master Plan for the area in which the development is proposed.  The Planning Commission shall make a finding regarding the consistency of any proposed PUD, said report to include findings that the development:

 

a.            Will be consistent with the currently effective Comprehensive Plan as well as any special Master Plan for the area;

 

b.            Is likely to be compatible with development permitted under the general development provisions of the Zoning Ordinance; and

 

c.            Will not significantly interfere with the use and enjoyment of other land in the vicinity.

 

                                    3.            Application of the District

 

A PUD overlay district may be applied over any residential, office or commercial zoning district established in Chapter 7 of the Zoning Ordinance.

 

4.            Relation of Planned Unit Development Regulations to General Zoning, Subdivision or Other Regulations; Variations on Equal Satisfaction of Public Purposes

 

The PUD regulations that follow shall apply generally to the initiation and regulation of all PUD districts.  Where there are conflicts between the special PUD regulations herein and general zoning, subdivision or other regulations or requirements, these regulations shall apply in PUD districts.

 

Where actions, designs or solutions proposed by the applicant are not literally in accordance with applicable PUD or general regulations, but the Planning Commission makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Planning Commission may make specific modification of the regulations in the particular case.

 

Except as indicated above, notwithstanding procedures and requirements generally in effect, procedures and requirements set forth herein and in guides and standards officially adopted as part of regulations for particular classes of PUD districts shall apply in PUD districts, to any amendments creating such districts and to issuance of all permits required therein.

 

5.            Jurisdiction of Planning Commission and Board of Zoning Appeals

 

            Activities which require special exception permits under various provisions of this ordinance may be allowed within PUDs during the initial build-out of said developments provided that the locations, nature and extent of such activities are approved initially by the Planning Commission and by City Council as part of the Master Plan or any subsequent amendment thereto.  Upon seventy five percent (75%) completion of the residential units within said development, the Board of Zoning Appeals may approve special exceptions or variances in the manner specified in Chapter 10 of the Zoning Ordinance within all residential PUDs.  Within nonresidential PUD districts, the Planning Commission shall act on all special exceptions and variances.

 

6.            Ownership and Division of Land

 

No tract of land may receive approval as a PUD unless such tract is under the unified control of a landholder.  Unless otherwise provided as a condition of approval of a PUD, the landholder of an approved PUD may divide and transfer parts of such development.  The transferee shall complete each such unit and shall use and maintain it in strict conformance with the adopted Master Plan.

 

A report identifying all property owners within the area of the proposed PUD district and giving evidence of unified control of the entire land area within the confines of the proposed district shall be submitted along with any application for approval of a Master Plan.  The report shall state agreement of all present property owners and/or their successors in title:

 

a.            To proceed with the proposed development according to the regulations in effect when the map amendment creating the PUD district becomes effective and with such modifications as are set by City Council in the course of such action;

 

b.            To provide bonds, dedications, guarantees, agreements, contracts and deed restrictions acceptable to City Council in the course of such action; and

 

c.            To bind further successors in title to any commitments made under Section 6-720(a)(6)(a) or Section 6-720(a)(6)(b).

 

7.            Staging of Development

 

            The Planning Commission may elect to permit staging of the land development process within a PUD, in which case the following provisions shall apply:

 

a.            Each stage shall be so planned and so related to existing surroundings and available facilities and services that failure to proceed with subsequent stages will have no adverse impact on the PUD or surrounding properties; and

 

b.            Each stage of the development shall, at the time of approval of any site plan for any portion of that stage, be assured adequate public services to serve all development proposed for that stage.

 

(b)            Administrative Procedure Governing Planned Unit Developments

 

            1.            Purpose and Intent

 

The purpose of these provisions is to prescribe a procedure for the review, approval and continued administration of all PUDs provided for by this section.

 

                        2.            Pre-application Conference

 

Prior to filing an application for approval of a PUD, the applicant shall confer with the City Manager or the City Manager’s designee concerning policy and procedure relative to the application.  The Community Development Director shall arrange a formal meeting at which the applicant or their representative shall meet with other staff persons who will be involved in reviewing and recommending action on the proposed plan of development.

 

                        (c)            Application for Preliminary Approval

 

Application for preliminary approval shall be made by the landholder of the affected property or the landholder’s authorized agent to the Community Development Department in accordance with such written general rules regarding general procedure, the form of application and the required information as the Planning Commission may determine, provided they are consistent with the requirements set forth in Section 6-720(d).

 

                        (d)            Preliminary Master Plan of a Planned Unit Development

 

The Preliminary Master Plan for the proposed PUD shall be a general concept plan, which shall include the following:

 

                                    1.            Sufficient information to disclose:

 

a.            The location and size of the area involved.

 

                                                b.            The existing topography of the area involved.

 

c.            Location of transportation routes including streets, driveways, sidewalks and pedestrian ways, and off-street parking and loading areas.

 

d.            Location and approximate dimensions of structures, other than one- and two-family detached dwellings, including approximate height, bulk and the utilization of structures including activities and the number of living units.

 

e.            Estimated population density and extent of activities to be allocated to parts of the project.

 

f.            Reservations for public uses including schools, parks and other open spaces.

 

g.            Other major landscaping features.

 

h.            The general means of the disposition of sanitary wastes and storm water.

 

i.            The type and proposed use for any common open space included within the proposed development.  Such information shall be sufficient to meet the requirements of Section               6-720(s)(1).

 

j.            The ownership of all property proposed for incorporation within the PUD district.  A copy of all deeds along with written documents signed by all property owners indicating willingness to abide by the approved Master Plan.

 

k.            The base zone district(s) proposed for inclusion within the PUD. 

 

l.            A listing of land uses proposed for the development.

 

                                                (Note: In an effort to increase the marketability of nonresidential sites located within PUD districts, the applicant may submit a list of alternative land uses, other than the uses shown on the plan, for such sites.  Any such listing may contain only land uses permitted within the base zoning district(s) which the planned development district overlays and may be further limited.) 

 

2.            A tabulation of the land area to be devoted to various uses and activities and overall densities.

 

3.            The nature of the landholder's interest in the land proposed to be developed and a written statement of concurrence from all parties having a beneficial interest in the affected property. 

 

4.            The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures including proposed easements for public utilities, drainage ways and common open space.

 

5.            A staging schedule is required when it is proposed that the Final Master Plan will be submitted in stages.

 

If the application is deemed incomplete by City staff, a written request shall be made for further information.  In such case the application shall be held in abeyance until deemed complete.  No plan shall be formally presented for Planning Commission action until such plan is found complete and ready for review.

 

(e)            Planning Commission Action on Preliminary Master Plan Application for Planned Unit Development

 

            The Planning Commission, shall take action on the Preliminary Master Plan application by any one of the following:

 

            1.            Approval;

 

2.            Conditional approval, in which the Planning Commission expressly denotes modifications which must be a part of the Master Plan approval; or

 

3.            Disapproval.

 

(f)            Conditional Approval – Applicant’s Response

 

When the Planning Commission's action is conditional approval, the Planning Commission shall specifically note in its’ minutes the conditions or modifications which must be complied with in order that the proposed PUD Master Plan receive approval.  The applicant may make a written response concurring with the required modifications, in which case the master PUD is deemed to have Planning Commission approval, at the date of receipt of said written concurrence.  When the applicant makes a negative reply or does not reply within forty-five (45) days of the date of conditional approval, the PUD shall be deemed as disapproved unless such time limit is extended by a specific action of the Planning Commission upon a written request of the applicant.  In the event of a recommendation for disapproval, the applicant may, at the applicant’s option, proceed to City Council with the request.

 

(g)            Action by City Council

 

Upon completion of review of a Preliminary Master Plan, the Planning Commission shall forward its report and recommendations to City Council for action.  Upon receipt of the Planning Commission's report, City Council shall consider such report and recommendations, the Master Plan and such other information as City Council may require.  City Council shall hold such required hearings and otherwise proceed in the manner prescribed for consideration of an amendment to the Zoning Ordinance.

 

In any instance where City Council may act to approve a proposed development, which the Planning Commission has recommended for disapproval or conditionally approved, City Council shall provide specific guidance as to:

 

1.            Overall design of the plan;

 

2.            Any modifications required; and

 

3.            Any additional information related to a condition of City Council, which may be required by the Planning Commission in order for it to determine substantial compliance between the preliminary and Final Master Plan.

 

(h)            Planned Unit Development and the Official Zoning Map

 

Upon approval by City Council, the Community Development Department staff shall place the extent of the PUD district on the official zoning map identified by the ordinance number providing approval.  Similarly in the instance of action by City Council, after receiving a recommendation from the Planning Commission abolishing or canceling the PUD, the Community Development Department staff shall remove the PUD district from the official zoning map.

 

(i)            Addition of Land Uses Not Included Within An Approved Preliminary Master Plan or Listing of Alternative Uses Allowable Within the Base Zoning District

 

The proposed addition of any use not authorized within an approved preliminary plan and accompanying listing of alternative nonresidential land uses that is allowable within the base zoning district wherein such use is proposed may be added to the plan only when approved as provided herein.  The Planning Commission shall hear all such proposed amendments.  The Planning Commission’s action on the request for change shall be in the form of a submission of a recommendation to City Council for amendment to the approved Master Plan.  A report detailing the action recommended by the Planning Commission shall accompany the submission to City Council.  City Council shall hold a public hearing for all residents and other interested parties prior to any final action on any amendment proposed hereunder. 

 

(j)            Approval of the Final Master Plan of the Planned Unit Development

 

The approval by City Council of the Preliminary Master Plan of the PUD shall authorize and form the basis for the Planning Commission's final approval of said development.  Final approval by the Planning Commission of the PUD shall be subject to the procedures and requirements of this subsection.

 

1.            Application for Final Approval

 

            Following approval of a Preliminary Master Plan by City Council, the landholder shall make application to the Planning Commission for approval of Final Master Plans for all or a portion, provided the portion is consistent with the staging schedule approved with the Preliminary Master Plan of the proposed PUD.  In the event the entire PUD is less than thirty (30) acres, the Planning Commission has the option of waiving the requirement for a Final Master Plan.  No action shall be taken on any Final Master Plan for any portion of a PUD until the landholder demonstrates that all land included within the portion of the plan covered by the Final Master Plan is owned by the landholder and that any options have been closed.

 

            The application for approval of Final Master Plans shall include all aspects of the Preliminary Master Plan application, the proposed Final Master Plan, other required drawings, specifications, covenants, easements and conditions and forms of bond as were set forth by the Planning Commission as part of the final development approval.  Copies of legal documents required by the Planning Commission for dedication or reservation of common open space and/or for the creation of a nonprofit association shall also be submitted.

 

                                    2.            Final Approval of Stages

 

The application for final approval and the final approval by the Planning Commission may be limited to each stage as appropriate in a large PUD, in compliance with the staging plan approved as part of the Preliminary Master Plan.

 

3.            Final Master Plan of a Planned Unit Development

 

            The application for final approval shall be sufficiently detailed to indicate the ultimate operation and appearance of the development, or portion thereof, and shall include, but not be limited to, the following:

 

a.            Final Master Plan drawings at a scale no smaller than one (1) inch to two hundred (200) feet indicating:

 

i.                     The anticipated finished topography of the area involved. This does not need to be based upon field survey data.

 

ii.            A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the PUD and to and from existing thoroughfares.  This plan shall specifically include: width of proposed streets; a plan of any sidewalks or proposed pedestrian ways; and any special engineering features and traffic regulation devices needed to facilitate or insure the safety of the circulation pattern.

 

iii.            An off-street parking and loading plan indicating ground coverage of parking areas.

 

iv.                  Areas proposed to be conveyed, dedicated or reserved for parks, parkways and other public or semi-public open space uses including any improvements, which are to be deeded as part of any common use area.  Such information shall include general designs indicating all intended uses, equipment and facilities as specified in Section 6-720(v)(6)(d)(i).

 

v.            Information regarding the physical characteristics of the surrounding area and developments within three hundred (300) feet of the proposed PUD.

 

vi.            Within nonresidential developments, a plan for each building site showing the approximate location of all buildings, structures and improvements and indicating the open spaces around buildings and structures.  Within residential developments, typical building envelopes shall be shown.

 

vii.            A plan for proposed utilities including sewers (both sanitary and storm), gas lines, water lines, fire hydrants and electric lines showing proposed connections to existing utility systems.

 

b.            A detailed land use map and a listing of land uses approved for the development. 

 

            (Note:  The listing of approved land uses shall include the list of alternative land uses, other than the uses shown on the plan, which were approved within the preliminary PUD plan for nonresidential sites located within the development.) 

 

c.            A tabulation of proposed densities to be allocated to various parts of the area to be developed.

           

d.            Final drafts of all proposed covenants and grants of easement, which are proposed for filing with final plats.  Such documents shall be in a form approved by the City’s Legal Department.

 

e.            Final drafts of all proposed documents creating a homeowner’s association or similar organization created for the purpose of owning and maintaining any common open space of facilities associated therewith.

 

f.            A detailed listing of all conditions of approval to which the particular development, or individual sites located therein, are subject.

 

If the application is deemed incomplete by City staff, a written request shall be made for further information.  In such case, the application shall be held in abeyance until deemed complete for final review.  No plan shall be formally presented for Planning Commission action until such plan is found complete and ready for review.

 

4.            Action on Final Plan

 

In reviewing a Final Master Plan, the function of the reviewing agencies is twofold.  First, the plan must be found to be in substantial compliance (see Section 6-720(k)) with the previously approved master plan.  Secondly, all new information must be reviewed to determine its quality and compliance with all substantive requirements of this ordinance.

 

a.            Review Procedure

 

i.            Application for final approval shall be made to the Planning Commission.

 

ii.            The completed final plan must be submitted to the Community Development Department.  Seven (7) copies of the plan and related documents shall initially be required for staff review.  Additional copies shall be required for distribution to the Planning Commission.

 

iii.            The Planning Commission may approve the final plan if it finds:

 

(a)            That the final plan meets the provisions for substantial compliance with the master plan set forth in Section 6-720(k); and

 

(b)            That the plan complies with all other standards for review which were not considered when the Preliminary Master Plan was approved.

 

5.            Approval with Modification

 

            Should the Planning Commission require any modification in the Final Master Plan or any portion thereof including covenants, etc., such modifications shall be agreed to by the applicant in writing prior to formal acceptance and filing of the Final Master Plan.

 

6.            Filing of an Approved Final Master Plan

 

            Upon formal action by the Planning Commission approving a Final Master Plan, or in the instance of conditional final approval, upon acceptance of the modifications as set forth in Section 6-720(j)(5), said plan and all maps, covenants, and other portions thereof, shall be filed with the Community Development Department and other City departments as needed.

 

7.            Disapproval

 

            If the Planning Commission finds that the Final Master Plan does not meet the test for substantial compliance set forth below, or does not comply with other standards of review, it shall disapprove the plan.  In the event of disapproval, a written report shall be prepared by the Planning Commission and sent to the applicant.  This report shall detail the grounds on which the plan was denied to specifically include ways in which the Final Master Plan violated the substantial compliance provisions or other standards of review.

 

(k)                        Determination of Substantial Compliance

 

The Final Master Plan shall be deemed in substantial compliance with the Preliminary Master Plan provided modifications by the applicant do not involve changes which in the aggregate:

 

1.            Violate any provisions of this section;

 

2.            Vary the lot area requirement as submitted in the master plan by more than ten percent (10%);

 

3.            Involve a reduction of more than five percent (5%) of the area shown on the master plan as reserved for common open space and/or usable open space;

 

4.            Increase the floor area proposed in the master plan for nonresidential use by more than five percent (5%);

 

5.            Increase the total ground area covered by buildings by more than two percent (2%); or

 

6.            Involve any land use not specified on the approved master plan or the alternative list of uses for nonresidential sites.

 

In any instance wherein a Final Master Plan, including minor changes authorized under the provision of Section 6-720(p) is found to not meet the test of substantial compliance as set forth herein, such plan may only be approved upon adoption of appropriate amendments to the adopted plan.

 

(l)            Failure to Begin Planned Unit Development

 

If no actual construction has begun in the PUD within three (3) years from the date of approval of the Final Master Plan, or section thereof, said approval shall lapse and be of no further effect; however, the PUD overlay district remains in effect unless rescinded by City Council.  No further developmental activity may take place until the existing master plan is reinstated to an active status or a revised master plan meeting all conditions of approval of the original plan is approved.

 

(m)            Maintaining a Current Master Plan

 

Construction may take place only within such portion(s) of a PUD for which a current Final Master Plan is in effect.  In spite of prior approvals, no action shall be taken in furtherance of any plan for a PUD for which a current Final Master Plan is not in effect.  In any instance where the approval of such plans may have lapsed due to noncommencement of actual construction (see Section 6-720(l)) the following actions may be taken: 

 

1.            Reinstatement of Previously Approved Master Plan

 

            In the event that actual construction may not have begun and/or the approval of the Final Master Plan shall have lapsed, such plan may be reinstated by action of the Planning Commission and development may proceed, provided that no change is proposed that would require amendment of the plan.  

 

2.            Amending a Lapsed Master Plan

 

            In the event that actual construction may not have begun, approval of the Master Plan shall have lapsed and revisions and/or alterations are proposed that exceed the minor site modifications authorized by Section 6-720(p) and thus would require amendment of the plan, such action may be accomplished only with the approval of a new master plan.

 

3.                   Rescinding of Previously Approved Master Plan

 

            The Final Master Plan may be rescinded by City Council upon receiving a recommendation by the Planning Commission.  If the Final Master Plan is rescinded, the zoning reverts back to the zoning designation in effect before the PUD was approved.

 

(n)            Enforcement of the Development Schedule

 

The construction and provision of all common open spaces and public and recreational facilities which are shown on the Final Master Plan must proceed at no slower a rate than the construction of dwelling units or other structures of a commercial nature.  From time to time, the Planning Commission shall compare the actual development accomplished with the approved development schedule.  If the Planning Commission finds that the rate of construction of dwelling units or other commercial structures is substantially greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, then either or both of the following actions may be taken: