A.

Minimum size: A PUD must have at least three acres of land.

B.

Ownership: A PUD must be under the control of a single landowner or otherwise subject to legal controls that ensure its unified planning and development.

C.

Site Conditions:

1.

The property shall not be subject to hazards such as objectionable smoke, noxious odors, unusual noise, the possibility of subsidence or the probability of flood or erosion.

2.

The condition of soil, ground water level, drainage, rock formation, and topography shall be such as not to create hazards to the property or to the health and safety of occupants.

3.

Essential community facilities and services, such as employment centers, shopping center, schools, recreation areas, and police and fire protection shall be reasonably accessible.

D.

Lot Requirements:

1.

Yard, setback, lot size, and frontage requirements, may be waived for all residential property for the Planned Unit Development provided that the spirit and intent of this Ordinance are complied with in the total development plan, as determined by the Planning and Zoning Commission.

2.

Every dwelling unit either shall have access to a street, walkway or other area dedicated to common use.

3.

The location of structures shall be so arranged as not to be detrimental to existing or other proposed structures or to the development of the neighborhood and in no event shall the exterior walls of adjacent buildings be less than eight (8) feet apart.

4.

Buildings shall not exceed the height limits established in the Zoning Ordinance.

5.

The minimum area, width, front, rear and side yards and maximum building coverage with respect to lots intended for structures accommodating any allowable nonresidential uses shall conform to the most restrictive requirements set forth for these uses by the provisions of the Zoning Ordinance.

E.

Density: The overall density shall substantially comply with the density described below:

Maximum Density in Overall PUD: The maximum allowable density shall be six (6) dwelling units per gross residential acre, and may be increased to eight (8) dwelling units per gross residential acre with approval from City Council. This acreage shall be determined by subtracting from the total gross area of the development the actual amount of nonresidential land uses including dedicated streets, commercial and public uses such as stores, schools, city owned parks, churches, etc., and parking areas associated therewith but not including any common open space, outdoor recreation area, greenbelt or similar area to be developed by the subdivider as an integral part of the development.

F.

Common Open Space: At least twenty (20%) of the PUD site shall be dedicated to common open space and outdoor site amenities.

1.

Requirement for Acceptance: No open area may be accepted as common open space under the provisions of this Ordinance unless it meets the following standards:

(a)

The location, shape, size and character of the common open space must be suitable for the planned development.

(b)

Common open space shall be used for amenity or recreational purposes. The uses authorized for the common open space shall be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.

(c)

Common open space shall be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space shall be appropriated to the uses which are authorized for the common open space and shall be designed and constructed to enhance the amenities of the common open space.

(d)

The development schedule which is part of the development plan shall coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the development of residential land in the planned unit development.

(e)

The developer shall create an automatic membership non-profit homes association;

(f)

The developer shall place title to the common property in the home owners association prior to conveyance of the first lot to a home owner;

(g)

The developer shall appropriately limit the uses of the common property;

(h)

Each lot owner shall have the right to use and enjoyment of the common property;

(i)

The developer shall place responsibility for operation and maintenance of the common property in the homes association;

(j)

An association charge shall be placed on each lot in a manner which will (1) assure sufficient association funds, and (2) provide adequate safeguards for the lot owners against undesirably high charges; and

(k)

Each lot owner shall have voting rights in the association.

Conveyance and Maintenance of Common Open Space: Fee simple title to all common open space, shown on the final development plan shall be conveyed to a corporation, association or other legal entity comprising the home owners association. The terms of such instrument of conveyance shall include provisions suitable to the City of Bellmead for guaranteeing:

(a)

The development of the open space as planned;

(b)

The continued use of such land for the intended purposes;

(c)

Continuity of proper maintenance for those portions of the open space land requiring maintenance;

(d)

When appropriate, the availability of funds required for such maintenance;

(e)

Adequate insurance protection; and

(f)

Recovery for loss sustained by casualty, condemnation, or otherwise.

In any event, the developer shall file with the City Secretary, at the time the approved Final Subdivision Plat is filed, documents which will produce the aforesaid guarantees and which will provide a method for restricting the use of Common Open Spaces for the designated purposes.

G.

Improvements.

Circulation facilities: The arrangement of public and common ways for pedestrian and vehicular circulation in relation to other existing planned streets in the area and to the City of Bellmead Master Plan, together with provisions for street improvements, shall be in compliance with standards set forth in this Ordinance, and in the Subdivision Ordinance except upon application by the developer and for good cause shown, the Planning and Zoning Commission may permit deviation from such standards which are consistent with the spirit and intent of the planned unit development regulations.

Utilities: Whenever reasonably possible, all Planned Unit Developments shall provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof and provide appropriate easements.

Fire Protection: Fire hydrants shall be placed every 500 feet or less as determined by lay out of the developed area.

H.

Privacy: The development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views, or uses and reduction of noise. Any multi-story building shall be located within a Planned Unit Development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such adjoining buildings.

I.

Off-Street Parking: In a PUD Off-Street Parking shall be the same as Section V-2 of the Zoning Ordinance.

J.

Streets: All streets in a PUD shall be constructed in accordance with specified city standards which shall be inspected prior to Certificate of Occupancy, and warranty for one year. After one year, the city will re-inspect and accept the streets if they meet city standards.

K.

Street Lights: The developer shall install street lights and the City will accept after inspection of the lights and at the acceptance of other right-of- way. The developer can install either standard or decorative street lights. Responsibility for maintenance of decorative street light will revert to the homeowner or property owner (if a rental property).

(Ord. No. 2020-02, § 2(Att.), 3-10-20)