The Planned Unit Development (PUD) standards are a supplementary list of “overlay” zoning district standards which apply to properties simultaneously with one (1) or more of the other zoning districts established in this Ordinance, hereinafter referred to as the “underlying” zoning district(s).

The PUD standards are provided as a design option, intended to permit flexibility in the regulation of land development; to encourage innovation in land use, form of ownership, and variety in design, layout, and type of structures constructed; to achieve economy and efficiency in the use of land; to preserve significant natural, historical, and architectural features and open space; to promote efficient provision of public services and utilities; to minimize adverse traffic impacts; to provide better housing, employment, and shopping opportunities particularly suited to residents; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas.

In order to encourage PUD developments on specific properties, these standards may allow the Planning and Zoning Commission and City Council to relax or waive one (1) or more of the requirements of the underlying district through approval of a PUD ordinance. The PUD also allows the developer the opportunity to mix compatible uses or residential types on a single property, allows clustering to reduce construction costs, and may enhance marketability through the preservation of significant natural, historical, and architectural features.

The PUD shall provide two (2) or more of the following benefits in 5.02(a)(1)–(5) not possible under the requirements of another zoning district, as determined by the plan commission:

The proposed type and density of use(s) shall not result in an unreasonable increase in the use of public services, public facilities, and utility capacities.

The proposed PUD shall be compatible with the overall goals and recommendations as proposed in the City of Bells comprehensive plan.

The proposed PUD shall be consistent with the intent of this Article and spirit of this Ordinance.

The proposed PUD shall not impede the continued use or development of surrounding properties for uses that are permitted in this Ordinance.

All permitted uses and special uses of the underlying district(s) shall be permitted unless otherwise specified in the PUD ordinance[.]

In addition to those uses otherwise permitted, a mixture of single- and multiple-family dwellings on a planned basis, through the use of attached dwellings, apartment buildings, zero lot line configurations, and/or other similar building configurations; or any combination of these residential uses may be permitted within any PUD.

For a PUD in a residential district that has an area of at least 10 acres, up to 20% of the total site acreage may be developed with uses permitted in the C1 District. Such uses must front a public street and be developed in conjunction with, or following, development of the residential uses.

For a PUD in a C1, C2, MF district, residential uses, such as residential apartments on a second floor above retail or office uses, may be permitted in a mixed-use PUD, also in acres of at least 10 acres, up to 20% of total site acreage may be developed in conjunction with, or following, development of the commercial uses.

Unless modified by the Planning and Zoning Commission and City Council, according to the PUD standards, all Zoning Ordinance requirements for the zoning district shall remain in full force.

To encourage flexibility and creativity consistent with the PUD concept, the Planning and Zoning Commission may grant specific departures from the requirements of the zoning ordinance as a part of the approval process through the PUD ordinance. Development standards for lot area, lot width, building height, setbacks, off-street parking, general provisions, subdivision regulations or other zoning ordinance provisions may be modified, provided that such modifications result in enhanced buffering from adjacent land uses or public rights-of-way, preservation of natural features or creation of a walkable neighborhood. Minimum standards for improvements, such as road construction, sewage, water, and drainage may not be reduced as a part of the PUD ordinance.

Any regulatory modification shall be approved with the PUD overlay district and preliminary site plan through a finding by the Planning and Zoning Commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. This provision shall not preclude an individual lot owner from seeking a variance following final approval of the PUD, provided such variance does not involve alterations to open space areas, as shown on the approved PUD site plan or the requirements of the article [this article].

A table shall be provided on the preliminary PUD site plan that specifically details all deviations from the established zoning district’s development standards for lot area, lot width, building height, and setbacks, off-street parking regulations, general provisions, subdivision regulations or other zoning ordinance provisions which would otherwise be applicable to the uses and development proposed in the absence of this PUD article. This specification should include Ordinance provisions, from which deviations are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which deviations are sought.

All PUDs shall set aside a minimum of 15% of the total site area as common open space (including residential and nonresidential areas).

The dedicated open space shall be set aside in perpetuity by the developer through a conservation easement.

The applicant shall meet with the Planning and Zoning Commission to review the PUD requirements and ensure that application materials are complete. A pre-application workshop with the Planning and Zoning Commission may be requested by the applicant to discuss the appropriateness of the PUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. An applicant desiring such a workshop shall request placement on the Planning and Zoning Commission agenda.

The applicant shall submit the preliminary PUD site plan, meeting the requirements of Section 15.06 [15.07], at least 15 days prior to the meeting at which the Planning and Zoning Commission shall first review the request.

The following agencies shall review the application prior to the Planning and Zoning Commission hearing and recommend changes or sign off that they do not have concerns with the application.

The Planning and Zoning Commission shall review the preliminary PUD site plan and shall conduct a public hearing. Legal notice shall be provided to the public by the petitioner consistent with the requirements of the State of Texas. Public notice setting forth the time and place shall be given at least 10 days before the date of the hearing in a newspaper of general circulation by the community. Notification shall also be provided by certified letter at least 10 days before the date of the hearing to all abutting properties in all directions from the subject property and properties across the street. At the public hearing, the petitioner shall provide proof that he has conformed to the above by proof of publication and return-receipt mail or personal sign-off on delivery of notices. The cost of such notices shall be borne by the petitioner.

During this review, the Planning and Zoning Commission may request additional materials supporting the PUD proposal, or recommend modifications or conditions based on the standards of Section 15.08 and comments from the Governmental Department Agencies. Once the Planning and Zoning Commission is satisfied that all of the required information has been provided, the Planning and Zoning Commission shall forward the PUD overlay district and preliminary site plan to the City Council with a favorable recommendation, [or] an unfavorable recommendation based upon the standards of this article.

The City Council may vote on the proposed PUD overlay district within 90 days of its certification by the Planning and Zoning Commission. The City Council may either approve or deny the PUD overlay district. The City Council may also seek modifications or additions to any written commitments.

Any commitments attached to the approval of the preliminary PUD site plan shall be made part of the approval and shall be reflected in the final PUD site plan. The City of Bells attorney, as applicable, shall prepare the written commitments based on the City Council action. The applicant shall reimburse the City of Bells attorney, as applicable, for all costs related to the preparation of the written commitments. The shall be signed by the City Council and the applicant and recorded in the County Recorder’s office. The commitments must be recorded prior to submitting an application for final site plan approval.

Approval of the PUD overlay district and preliminary site plan shall be effective for a period of one (1) year. If a final PUD site plan for at least the first phase of the project is not submitted within one (1) year of the preliminary approval, or an extension applied for, the preliminary PUD site plan shall expire, and a new application must then be filed and processed. The one (1) year period for preliminary PUD approval may be extended for one (1) year, if applied for by the petitioner prior to expiration and granted by the Planning and Zoning Commission. If a preliminary PUD is allowed to expire, the Planning and Zoning Commission and City Council shall take action to remove the overlay district from the zoning for the site.

If the approved preliminary PUD site plan indicated that the proposed development was to occur in phases, final PUD site plan approval may be granted on each phase of the development, provided that each phase contains all the necessary components to insure protection of significant natural, historical, and architectural features, and the health, safety, and welfare of the users of the PUD and the residents of the surrounding area. Roads, utilities and other infrastructure for each phase shall be designed to fully operate in accordance with the City of Bells, as applicable, engineering standards and not be dependent upon the completion of subsequent phases. Subsequent phases shall also follow the process for final PUD site plan outlined in this Article.

The applicant shall submit the final PUD site plan for any or all phases of, the approved preliminary PUD site plan at least 30 days prior to the Planning and Zoning Commission meeting at which the Planning and Zoning Commission shall first review the request. If the PUD is being developed as a subdivision, then all requirements of the subdivision regulations shall be met, and the final PUD application shall also include a primary plat. The primary plat shall be reviewed concurrently with the requirements of this article.

The agencies in Section 15.06(c) shall review the final site plan for compliance with applicable federal, state, and local ordinances and standards prior to the Planning and Zoning Commission review. The agency official shall state any items that need to be address[ed] prior to approval or sign-off that the final site plan is acceptable.

Upon submission of all required materials and fees, the Planning and Zoning Commission shall review the final PUD site plan and shall take final action on the final PUD site plan, in accordance with the standards and regulations of this ordinance.

If the final PUD site plan was approved with conditions, the applicant shall submit a revised final PUD site plan to the Planning and Zoning Commission for approval prior to submitting construction plans.

Approval of the final PUD site plan shall be effective for a period of two (2) years. If construction has not begun on the first phase of the project within two (2) years of the final PUD approval, the right to develop under the PUD site plan shall terminate and a new application must then be filed and processed. If a final PUD is allowed to expire, the Planning and Zoning Commission and City Council shall take action to remove the overlay district from the zoning for the site.

Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire the land, such as an option or purchase agreement with written authorization from the owner.

Written documentation that the preliminary PUD site plan meets the standards of Section 14.08 [15.08].

A completed application form, supplied by the Planning and Zoning Commission, and an application/review fee; a separate escrow deposit shall be required for administrative charges to review the PUD submittal per the approved City fee schedule.

Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer’s scale of one (1) inch equals 20 feet for sites of 10 acres or less; and up to one (1) inch equals 100 feet or less for sites over 10 acres.

A draft written PUD Ordinance specifying all the terms and understandings of the PUD. The content of the ordinance shall be based on the extent of the proposed development, but shall, at a minimum, provide the following:

If a multi-phase PUD is proposed, the areas included in each phase shall be identified. For residential uses identify the number, type, and density of proposed housing units within each phase.

Any additional graphics or written materials requested by the Planning and Zoning Commission to assist in determining the appropriateness of the PUD such as, but not limited to: aerial photography; market studies; impact on public primary and secondary schools and utilities; traffic impact study; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; description of how property could be developed under the regulations of the underlying district; preliminary architectural sketches; and estimated construction cost.

The PUD shall meet the qualifying conditions of section 15.02.

The PUD must be consistent with the comprehensive plan.

The uses must have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed must not adversely affect the public utility and circulation system, surrounding properties, or the environment.

Any modifications to the dimensional standards of this Ordinance, such as lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards shall be reviewed and approved by the Planning and Zoning Commission.

Any increase in the density requirements of the underlying zoning district must be approved by the Planning and Zoning Commission and be included under review of the preliminary PUD site plan and in the PUD ordinance.

The number and dimensions of off-street parking shall be sufficient to meet the minimum required by Article 10 [Article 11]. However, where warranted by overlapping or shared parking arrangements, the Planning and Zoning Commission may reduce the required number of parking spaces in the PUD ordinance.

All roads and parking areas within the PUD shall meet the minimum design standards, unless modified by the Planning and Zoning Commission and City Council in the PUD ordinance.

Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided.

Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Plantings and other landscape features shall meet or exceed the standards of Article 10, Development Provisions.

Judicious effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land.

Adequate water and sewer facilities shall be available or shall be provided by the developer as part of the site development.

All information required for site plan submittal in accordance with section 15.03 [15.07].

Any additional graphics or written materials requested by the Planning and Zoning Commission to assist in determining the impacts of the proposed PUD site plan, including, but not limited to, economic or market studies; impact on public utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost[.]

A written version of the approved of [sic] PUD ordinance specific to the PUD. Such document shall include provisions for site layout, access, vehicular and pedestrian circulation, parking, screening, building design and architecture, landscaping, open space, lighting, and signage. The PUD ordinance shall also include any variations to the dimensional standards of this Ordinance, such as density, lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards.

Minor deviations and amendments from the approved final PUD site plan and associated PUD ordinance shall be reviewed and approved by the Planning and Zoning Commission. The following minor modifications can be approved by the Planning and Zoning Commission without the need for a new preliminary PUD site plan:

If the Planning and Zoning Commission determines that the modifications to the final PUD site plan significantly alter the intent of the preliminary PUD site plan, a new submittal illustrating the modification shall be required and must be approved by the City Council as a new preliminary PUD site plan.

Any deviation from the approved final PUD site plan that is not approved shall be considered a violation of this Article and shall invalidate this PUD article. The Planning and Zoning Commission and City Council shall take action to remove the overlay district in the event that the PUD is invalidated.