The Planned Unit Development (PUD) Overlay District is a special overlay zone that allows flexibility in development standards that are approved for specific uses on a specific site. Any deviations for the standards established in these regulations must be incorporated into a PUD plan and an ordinance amending the zoning. The PUD plan shall be reviewed by the Planning Commission and approved by the City Council.

(Ord. No. 18-037, § 2, 6-21-18)

This Section establishes procedures and requirements of a PUD District. PUDs may be established in any location having a minimum land area of 10,000 square feet, and may include more than one base zoning district.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Compatibility with Base Zoning District. A PUD is designed to be used in conjunction with a designated base zoning district. Use standards and requirements of the specified base district shall apply unless specifically superseded by the standards and requirements of the PUD Development Plan.

B.

Compliance with Applicable City Codes. The granting of a PUD zoning district shall not relieve the developer from complying with all other applicable sections of this Code and other Codes and Ordinances of the City unless such relief is specified in the approved PUD plan and PUD ordinance.

C.

Plan Required. An application for the establishment of a PUD zoning district shall be accompanied by a PUD plan that meets the requirements of this Section. The PUD plan shall become a part of the PUD ordinance if approved by the City Council.

D.

Development Plan

1.

Development requirements for the PUD ordinance shall be set forth in the PUD Plan and the PUD ordinance and shall include:

a.

The purpose and intent of the PUD;

b.

PUD land uses;

c.

Density;

d.

Building height;

e.

Building setbacks;

f.

Limits of construction;

g.

Building elevations;

h.

Vehicular parking;

i.

Pedestrian access;

j.

Streets and circulation;

k.

Screening and landscaping;

l.

Environmental protection;

m.

Signage;

n.

Lighting;

o.

Phasing or scheduling; and

p.

Any other requirements of these regulations or as the City Council may deem appropriate.

2.

The application shall specify the extent to which deviation from otherwise applicable Code requirements is justified by unique characteristics of the site or other exceptional circumstances.

3.

The following information shall be shown on the PUD Plan in a legible schematic form with a reduced, reproducible print of the approved drawing suitable for duplication as an exhibit to the PUD ordinance:

a.

Proposed land uses including uses to be prohibited per base district;

b.

Existing natural features such as drainage ways, one-hundred year floodplain (if applicable), and existing topography at two-foot contour intervals;

c.

Location of proposed buildings, building envelopes or building setbacks;

d.

A tabulation of proposed dwelling unit density in residential areas;

e.

A tabulation of proposed floor area ratios and maximum heights of proposed buildings;

f.

Proposed circulation systems, including preliminary street cross-sections;

g.

Proposed public parks, greenbelts, and other open space;

h.

Proposed public facilities, i.e. school sites, fire station, etc.;

i.

Location and type of proposed landscaping including existing landscaping;

j.

Public Access;

k.

Proposed easements;

l.

Proposed trail networks;

m.

Identification of environmentally sensitive areas; and

n.

Transit network and/or stops.

4.

Revisions to the adopted PUD Plan shall require an amendment to the PUD ordinance.

a.

Minor amendment to PUD plan: Minor additions and modifications to the approved PUD plans, meeting the criteria below, may be approved by the Development Services Department:

i.

Minor additions to structures, with a floor area no larger than 10 percent of the existing floor area of the main floor, not to exceed 5,000 square feet, and provided that overall density of the project does not increase.

ii.

Minor new accessory structures if the location does not interfere with existing site layout (e.g., circulation, parking, loading, storm water management facilities, open space, landscaping, or buffering).

iii.

Minor additions to parking lots comprising no more than 10 percent of the original number of parking spaces required, not to exceed 25 spaces.

iv.

Clearing or grading that does not exceed 5,000 square feet in area or 10 percent of the site.

v.

The development plan is a subdivision concept plan. Approval of a development plan shall also constitute approval of a concept plan for subdivision purposes.

b.

All other changes shall require approval in the same process first used for adoption. All changes of use from those approved in the original PUD plan shall require City Council approval.

(Ord. No. 18-037, § 2, 6-21-18)

A.

Streets and Sidewalks. Streets within a PUD may be public or private. Private driveways may provide internal circulation. Private driveways shall meet the 2009 Fire Code standards. The Planning Commission may require dedication and construction of private streets through a PUD.

B.

Utilities. Water and sanitary sewer systems within a PUD may be publicly or privately owned. For privately owned systems, maintenance and operation is the responsibility of the PUD homeowners' association.

C.

Easements. Publicly owned or maintained utilities shall be placed in public streets or easements are a minimum of 16 feet in width unless a narrower width is approved by the utility.

D.

PUD Garbage Collection. The city manager shall have the right to refuse service because of the impossibility or impracticability for any premise within the city. If the city manager refuses service, the customer shall be exempt from the garbage and trash fee established by section 15-21 of the City Code.

E.

PUD Common Area and Facilities. Provisions shall be made for a property owners' association that is designated as the representative of the owners of property in a residential subdivision. The owners' association shall have the direct responsibility to provide for the maintenance and operation of the subdivision. The applicant shall submit the dedicatory instrument(s) covering the establishment, maintenance, and operation of a residential subdivision. The dedicatory instrument(s) shall establish a plan for the use and permanent maintenance of the common areas/facilities and demonstrate that the property owners' association is self-perpetuating and adequately funded by regular assessment and/or special assessment to accomplish its purposes. The dedicatory instrument(s) shall include provisions that provide the city with permission for access at any time without liability when on official business and further, to permit the city to remove obstructions if necessary for emergency vehicle access and assess the cost of removal to the owner of the obstruction. The dedicatory instrument(s) must be approved by the city attorney as to legal form prior to any plat recordation and shall be recorded at the same time as the plat.

(Ord. No. 18-037, § 2, 6-21-18)

A.

It shall be unlawful for any person to begin, continue, or complete any development on any land within the territorial jurisdiction of the City to which the provisions of this Article applies, except in accordance with and upon compliance with the provisions of this Article.

B.

The City shall not issue a Building Permit or Certificate of Occupancy required by these regulations for any land located within the corporate limits to which this Article applies until and unless there is compliance with this Article.

C.

The City may refuse to authorize or make utility connections on the grounds set forth in Tex. Loc. Gov't. Code § 212.012, as amended.

D.

No improvements shall be initiated until the approval of the City has been given. Disapproval of a final plat by the City shall be deemed a refusal by the City to accept offered dedications shown thereon. Approval of a final plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until written acceptance of the improvements has been given and the proposed dedications or improvements have actually been appropriated by entry, use, or improvements.

(Ord. No. 18-037, § 2, 6-21-18)