(1) Purpose. See
§ 760-7C(1)
(2) Application and review process, generally. A complete application for a PD District shall be processed in accordance with this section. All information required by the City shall be on the application form. The appropriate fee is identified on the City's Fee Schedule. Incomplete applications will not be processed for review.
(3) The establishment of the PD must be made by approval of the City Council following public hearings and a recommendation of the Planning and Zoning Commission as to the proposal. The Planning and Zoning Commission's recommendation may include modifications to the PD conditions. The City Council may approve or modify the PD conditions or deny the establishment or amendment of a PD at its sole discretion based on the merits of the proposal.
(4) The City may also create a PD on its own initiative subject to all of the same procedures as for an application submitted by a private owner or developer, including notification requirements and public hearings before the Planning and Zoning Commission and City Council.
(5) Mandatory preapplication conference. Prior to submitting a PD application, the applicant shall meet with the Director of Planning ("Director") or designee to receive information regarding application procedures and requirements. The applicant shall submit preliminary development concept(s) or other relevant materials to the meeting to facilitate the discussion. This meeting must occur in accordance with City deadlines for application submittals. The applicant shall be required to sign a waiver acknowledging that this preapplication conference shall not initiate a vested right for the project under Chapter 245 of the Texas Local Government Code. A preapplication conference shall not commence or be held unless the property owner, or applicant as an authorized agent of the property owner, signs a vested rights waiver stating that no vested rights shall accrue from any discussion that occurs at the preapplication conference. If the property owner does not sign a vested rights waiver, no such conference shall be held, and the property owner or his/her representatives may proceed with his/her application submittal as he/she so chooses. A copy of the vested rights waiver form shall be available in the office of the Planning Director.
(6) Base zoning district. Uses and standards within the PD District shall generally conform to one or more base zoning districts in this chapter unless specifically stated otherwise in the PD ordinance. Applications for PD zoning shall identify all requested deviations from the standard requirements of this chapter in each applicable district and may be more or less restrictive than those of the base zoning district. All other standards of the applicable base zoning district(s) and all other sections of this chapter shall be enforced unless specifically stated or modified in the ordinance establishing the PD District.
(7) Uses. The uses established for a planned development shall be those listed in the application and approved in the ordinance governing the property. The uses allowed in the PD District shall generally be compatible with those of the zoning district upon which the PD regulations are based. The request shall specify the base zoning district upon which the PD is based, and any deviations, whether additions or deletions, from the standard list. The uses should be chosen to achieve a unique development that would enhance the community and conform to the goals of the Comprehensive Plan. Residential and nonresidential uses may be combined on a single property or in a single development within a PD District. Uses allowed by specific use permit (SUP) in the chosen base zoning district may be allowed as a permitted use or by SUP in the PD District. Any use that is not specifically listed as permitted or eligible for SUP consideration under the PD regulations shall be prohibited unless the PD is subsequently amended.
(8) Area and height regulations. An application for PD zoning should refer to the area and height regulations of the chosen base zoning district or may propose area and height regulations that are not the same as those under the base district. The application shall include the proposed area and height requirements for each tract of land within the PD, if there are multiple tracts.
(9) Parking. Parking for all uses in the PD District shall comply with the requirements of this chapter unless otherwise stated in the PD application and in the ordinance establishing the PD. Reduced parking requirements may be requested if the applicant can demonstrate that some portion of the parking typically demanded by a development can be reduced based on the mixing of uses within a single integrated project. Shared parking may be considered for uses not normally open, used, or operated during the same hours as adjacent uses, or when other special circumstances exist. Owner(s) authorization and agreement to use the shared spaces must accompany the PD application.
(10) Application. An application for PD zoning shall be accompanied by the following information, and no application shall be deemed complete until all of the following plans and information have been submitted:
(a) Applicant's statement. Each application for PD zoning shall include a statement from the applicant describing the vision, general intent, and characteristics of the proposed development, including information such as a summary of uses, building types and sizes, plans for landscaping and open space, screening, the buffering of/transition to adjacent properties, the provision of utility services and other key features of the proposed development, other information the applicant may wish to provide to clarify the request and any other details the Director deems necessary to consider the planned development request and its potential impacts. The statement will generally demonstrate how the proposed planned development will be a benefit to the City.
(b) PD standards. The standards for the proposed planned development shall be specified in the application as follows and shall apply to each tract, if more than one tract is planned:
[1] Title of the planned development;
[2] List of owner(s) and/or developer(s) for the property;
[3] The boundaries (including bearing and distances) of the subject property, the adjacent roadways, and the zoning of bordering properties;
[4] Total land area for the PD District;
[5] Land area per tract, if applicable;
[6] Legal descriptions (metes and bounds) for the total land area as well as individual tracts;
[7] Proposed uses; for multiple tracts within the area of the PD District, the uses for each tract shall be specified;
[8] Minimum lot size (minimum width, depth, and lot area) by land use type;
[9] Maximum overall density and overall number of lots/units per gross and net acre for single-family and multifamily development;
[10] Maximum number of residential units by type;
[11] Minimum unit size/dwelling area of residential units by type;
[12] Maximum building area and floor area ratio for nonresidential buildings, including the maximum building area and floor area ratio for each tract, if applicable;
[13] Minimum front setback for each tract;
[14] Minimum side setback for each tract;
[15] Minimum rear setback for each tract;
[16] Maximum lot coverage for each tract;
[17] Areas reserved for landscaping and/or open space (including square footage for each tract, if applicable) or private amenity areas and concept plan for the development of these areas;
[18] Brief description of provisions for the maintenance of any common areas by an association of homeowners or property owners, if applicable, not including the legal documents establishing the association. All open space, common areas, screening and landscaping as a screening device shall located in a lot(s) to be owned and maintained by an association;
[19] Minimum building height for each tract;
[20] Maximum building height for each tract;
[21] Proposed parking standards for each use and number of parking spaces;
[22] Proposed conceptual landscaping and screening (required) between residential and nonresidential/multifamily zoning boundaries;
[23] Proposed conceptual landscaping including spacing for trees, shrubs, and ground cover for nonresidential development;
[24] Proposed screening of loading, utility, and service areas;
[25] Proposed screening for roofs and roof-mounted equipment;
[26] Provisions for special lighting in nonresidential and mixed-use areas for each tract;
[27] Provisions for signage in nonresidential and mixed-use areas for each tract;
[28] Exterior building materials, including minimum/maximum percentages for each type of material if applicable;
[29] Restrictions pertaining to accessory buildings, if any;
[30] Right-of-way or other areas to be dedicated to the City, if any;
[31] A traffic impact analysis (TIA) may be required identifying current traffic counts for surrounding streets, existing street capacity, traffic projections from the proposed PD, level of service (LOS) analysis, recommendations for mitigation, if needed. A TIA is recommended to be submitted voluntarily with the initial application to address concerns of increased traffic and inadequacy of facilities. The TIA shall be prepared by a professional engineer licensed in Texas and qualified to perform a TIA;
[32] Departures or variances desired from this chapter, the Subdivision Ordinance,(See Ch.
670, Subdivision.) or Technical Construction Standards and Specifications may be included for consideration;
[33] All standards and regulations that are not identified in the PD standards will be in compliance with this chapter as exists, or may be amended; and
[34] Other conditions or materials as appropriate to support the request or deemed required by the Planning Director for the application.
An application for PD zoning shall include a concept plan drawing to facilitate understanding of the request. The concept plan shall indicate existing major physical features, property boundaries, existing tree canopy, topography, floodplain, the preliminary layout of proposed uses, proposed number of lots and preliminary lot areas, proposed structures and building groupings, parking and loading areas, proposed points of access to adjacent roadways, driveways and dimensions to adjacent existing access points, internal streets and alleys, landscape areas, utilities, and, if applicable, project phasing and other pertinent development data. The concept plan shall include adjacent property owner information, platted subdivisions, and driveways for a distance of 200 feet from the property boundaries. The concept plan shall be construed as an illustration of the development concepts and not an exact representation of all specific details. The request for Planned Development zoning shall not be reviewed or approved without the accompanying concept plan, which shall be attached to, and become a part of, the PD ordinance for the property upon approval.
(12) Building elevations. Proposed building elevations for nonresidential and multifamily uses identifying materials, colors and general percentages of materials shall be submitted with the PD application. Residential elevations illustrating the general product may be submitted to support the development proposal.
(13) Phasing schedule. If the proposed development will not be constructed as a single project, a schedule, including timing, sequencing, and phasing for the development of the property, shall be included in the application and shall be attached to, and become a part of, the PD ordinance for the property upon approval.
(14) Development impact report. As part of the consideration of a planned development application, a written report shall be submitted with the PD application demonstrating the project's impact on any or all of the following:
(a) Planning, including the Comprehensive Plan and the Thoroughfare Plan (City and county);
(b) Engineering;
(c) Building inspections;
(d) Water;
(e) Sanitation;
(f) Public safety (police fire protection, emergency medical services);
(g) Traffic;
(h) Tax collections forecast (sales and ad valorem);
(i) School district(s) attendance forecast; and
(j) Private utility companies (gas, electric, telephone, etc.).
(15) Review process. Upon receipt of complete application as determined by the Director of Planning (or designee), the application for PD zoning shall be reviewed under the process governing the review of an application for rezoning as described in §
760-29, Amendments, in this chapter and V.T.C.A., Local Government Code Chapter 211, including notification, public hearings before the Planning and Zoning Commission and City Council, and testimony from the applicant, the Director of Planning (or designee), and others who have an interest in the matter, facts, and opinions concerning the proposed use and conditions to which such use would be subject.
(16) Zoning Map reference. A PD District established in accordance with the provisions of this section shall be numerically referenced in consecutive order on the City's Official Zoning Map. A list of approved planned developments, together with the category of uses permitted within them and the concept plan, shall be maintained in the Department.
(17) Amendment to a Planned Development District concept plan. Any changes in the ordinance adopting a PD District or the PD concept plan shall be in accordance with the same process used to establish the original PD, except that the following minor amendments to the concept plan may be approved administratively:
(a) Minor amendments. Minor amendments to the standards of a PD District or the accompanying concept plan shall be defined as a change which does not:
[1] Alter the boundaries of the PD tract;
[2] Change the list of permitted uses;
[3] Increase the total building square footage by more than 10% or decrease the total building square footage by 25%;
[4] Increase the number of residential units by more than 10%;
[5] Increase building height or floor area ratio;
[6] Decrease the setbacks or increase the maximum lot coverage;
[7] Alter the parking ratios specified so as to require fewer spaces;
[8] Substantially alter access to the site, on-site circulation, or access or circulation on adjacent properties;
[9] Reduce the amount, quality or effectiveness of open space areas, required screening, or landscape buffers;
[10] Substantially change the size or configuration of single-family residential lots;
[11] Change the relationship of the proposed development to surrounding properties; or
[12] Conflict with other regulations with the PD ordinance.
(b) Approval of minor amendments. The Planning Director (or designee) may, upon written application and explanation of the change by the owner of the property and review and recommendation by the Planning Department and other affected departments, approve minor amendments to a PD concept plan as described in Subsection
C(17)(a) above without a public hearing. If the Director determines that the criteria for are not met, the request for a minor amendment to a PD concept plan shall be denied.
(c) Major amendments. Any other change to a PD concept plan shall be considered a change in zoning and shall be considered using the same process as for the original application, including the payment of an application fee, notification and public hearings before the Planning and Zoning Commission and City Council in this chapter and the V.T.C.A., Local Government Code§ 211.006.
(d) Major amendments by tract. An existing PD may be amended by tract or tracts and will not require the entire acreage of the overall planned development to be reconsidered or noticed per state law.
(e) Reversion. The owner of the property zoned Planned Development may request to abandon the PD, including the concept plan, by making an application for the previous zoning or a new classification. Such an application shall be considered under the same process as for a rezoning request as required by §
760-29, Amendments, in this chapter and the V.T.C.A., Local Government Code § 211.006.
(f) Reapplication. If an application for the creation of a PD is denied by City Council, another application for reclassification of the same property or any portion thereof shall not be filed within a period of one year from the date of final denial, except upon written appeal of the applicant and approval by the City Council.
(18) Building permits. No building permit(s) shall be issued for development of the property in a planned development until the plat(s), site plan(s), engineering/construction plans and all other required documents have been reviewed and approved by the City. No building permit shall be issued based on an approved concept plan only, and no certificate(s) of occupancy shall be issued until development on the property conforms to said required plans.
(19) Neighborhood meeting. The applicant is encouraged to conduct a neighborhood meeting with the area homeowners/property owners in the vicinity of the rezoning/planned development request prior to appearing before the Planning and Zoning Commission. The applicant shall notify the Planning Director of any scheduled neighborhood meetings at least seven calendar days prior to the meeting, and the Director or his designee may attend the neighborhood meeting to observe and provide information related to the rezoning process.
