Pre-application review:

Prior to making an application for a PUD, a landowner may consult the Building Official to obtain information and guidance before entering into binding contractual commitments or incurring substantial expense in the preparation of plans, surveys and other data.

At the pre-application conference, the applicant shall provide a preliminary drawing that includes, but is not limited to the following:

a.

Delineation of site boundaries;

b.

General site layout and conditions indicating relationship of proposed land uses, parking, and street layout(s);

c.

Project renderings, project description and/or narrative demonstrating compliance with the design guide; and

d.

A traffic study as requested by the city.

Based on the information provided by the applicant, the city manager or his or her designee shall provide initial comments to the applicant concerning the merits of the proposed development and provided any other information necessary to process the application.

Application submission. Any person, group of persons, or corporation having a legal or equitable interest in any property may file an application for a PUD. Such application shall be submitted and processed in accordance with the procedures of this section and shall include as a minimum:

a.

An application fee as set forth in the city's master fee schedule;

b.

Proof of ownership. If all land to be included with the PUD is not under common ownership, applicant must provide an agreement executed by all owners consenting to the creation of the PUD and agreeing to abide by the terms of creation;

c.

A legal description of the PUD prepared by a Texas licensed surveyor including a map of the PUD area suitable for reproduction and a digital file of same;

d.

A site plan showing the layout of proposed building, lighting, parking, streets, walkways, site amenities, green space and landscaping;

e.

Utility information detailing the projected utility needs of the PUD and the anticipated source for such utilities;

f.

A drainage plan showing the anticipated drainage needs of the PUD and the proposed mitigation for such drainage;

g.

A parking plan for the PUD;

i.

A development schedule for completion of all construction.

j.

A list of variances requested from current city zoning ordinances and the design guide.

A.

General: Subject to the regulations, standards and conditions set forth herein, Planned Unit Developments shall be permitted only after an application for rezoning has been approved. Construction and building permits for a Planned Unit Development or part thereof may be issued only after:

1.

Final subdivision approval thereof by the Planning and Zoning Commission, and;

2.

Final subdivision approval thereof by the City Council and;

3.

Filing the approved Plan in the office of the County Clerk.

B.

Planning and Zoning Commission Rules and Procedures: The preparation of all PUD plans, plats, other drawings and narrative materials shall conform to the requirements set forth by the Planning and Zoning Commission Rules and Regulations and all City adopted building codes which may be amended from time to time.

C.

Public Hearing:

1.

The application for change in zoning shall be accompanied by a schematic PUD plan or a preliminary PUD plan in sufficient detail to inform neighboring property owners of the type of development being considered.

2.

Within a reasonable period following the receipt of the application, the Commission shall hold a public hearing on said application and plans. Notice of the hearing shall comply with state law.

3.

The Commission shall within 10 days after rendering a decision following the closing of the public hearing provided herein, make a report and recommendation on the following:

(a)

Whether or not the plan complies with the regulations of this Ordinance and all amendments thereto.

(b)

Whether or not the plan is in the best interest of the city.

(c)

Whether or not adjacent property values will be adversely affected by such plan.

(d)

Whether or not the plan is consistent with the public interest and purposes of this Ordinance.

4.

The report of the Planning and Zoning Commission may recommend approval in whole or in part, with or without modifications and conditions, or recommend that said application and plans be not approved. In making a decision hereunder the Commission may consider any one or more, or all or none of the following factors:

(a)

In what respects the plan is or is not appropriate to the characteristics of the site and its location in the community pattern;

(b)

The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are not deemed to be in the public interest;

(c)

the nature and extent of the Common Open Space in the Planned Unit Development, the reliability of the proposals for maintenance and conservation of the Common Open Space, and the adequacy or inadequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan;

(d)

The manner in which the proposal does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;

(e)

The relationship, beneficial or adverse, of the proposed Planned Unit Development upon the neighborhood in which it is proposed to be established; and

(f)

In the case of a plan which proposes development over a period of years, the reasonability of the proposed phasing program in terms of street and utility systems extensions, orderly development of drainage facilities and the degree to which the overall density of development at the completion of each phase conforms to the maximum allowable density for the entire Planned Unit Development, and the reasonability of the amount and location of open space in each phase.

5.

The City Council, after receipt of the recommendations of the Commission, shall process the application for change in zoning in accordance with the zoning ordinance. After the hearing, the Council shall disapprove or approve the application or may approve the said application and plans with modifications.

6.

If the application and plans are approved with modifications; the Council shall cause the applicant to be notified of such modifications and only upon receipt of his written consent to such modifications shall the change in zoning become effective.

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