The purpose of a Planned Unit Development District (PUD) is to promote diversity and creativity in site design. The PUD process is provided as an option to encourage unique developments which may combine a mixture of land uses and building uses. The PUD allows flexibility in the application of development standards by permitting departures from the conventional sites, setback, and density requirements of a particular zoning district in the interest of achieving site development not otherwise possible. A PUD may not be used for the purpose of avoiding the zoning regulations applicable to the primary zoning districts. All PUD applications shall be developed in compliance with the standards of the city's master plan.

(Ord. No. 09-1907, § 1, 7-6-2009)

This article shall not apply to any PUD application approved by city council prior to the city's adoption of this article. In the event that a previously approved PUD is modified or requires a series of approvals, the application or modification will be evaluated under the rules and state laws in effect of the time the original PUD was approved.

(Ord. No. 09-1907, § 1, 7-6-2009)

a.

PUDs are created as an overlay district through an ordinance and the underlying zoning classification shall remain in place. The establishment of a PUD overlay district will supersede the underlying zoning classification unless the PUD expires or is terminated; in which case the underlying zoning classification and related regulations will be enforced. PUDs may be located in any zoning district, pursuant to the terms and provisions of this article.

b.

The applicant shall follow the city's subdivision ordinance, sign ordinance, comprehensive development manual, and the PUD development manual. Any request for deviation from these ordinances or manuals shall be specifically detailed in the PUD application at the time of submission. All building and sign permits must be acquired and all permit fees must be paid during development.

(Ord. No. 09-1907, § 1, 7-6-2009)

A small PUD shall be from 5 to 50 acres; a medium size PUD shall be from 50 to 150 acres; and a large PUD shall contain at least 150 acres. All land within a PUD shall be contiguous unless divided by an existing railroad, publicly owned property, a right-of-way, or a waterway.

(Ord. No. 09-1907, § 1, 7-6-2009)

PUD applications may only be initiated by a property owner. If the ownership of the land is not under a single ownership, then all owners shall either join in the application or provide a letter of consent to submit with the PUD application.

(Ord. No. 09-1907, § 1, 7-6-2009)

1)

Pre-application Conference. Prior to the submittal of a PUD application, the applicant shall attend a pre-application meeting with the city manager or his designated representative. The purpose of the meeting is to discuss the development with respect to compatibility with existing and anticipated land uses in the vicinity and to guide the applicant in the preparation of a development plan.

2)

Application and Plan. An application and fee for the establishment of a PUD must be accompanied by two hard copies of the development plan and one electronic copy. If the PUD will be developed in phases, such phases shall be shown on the development plan.

a.

The development plan must contain the following information:

(1)

Delineation of site boundaries;

(2)

General site layout showing the approximate location of buildings, parking lots, land uses, maximum and projected building height, and setbacks;

(3)

Major thoroughfares and collector streets and other streets necessary to demonstrate the circulation system;

(4)

Proposed residential development densities and acreages;

(5)

Proposed areas for schools and municipal buildings, such as fire and police substations;

(6)

Significant environmental features, including flood plains, water courses, and the impact on these features;

(7)

General topographic conditions;

(8)

All recorded and proposed easements;

(9)

A list of proposed land uses and the approximate acreage devoted to each type of use;

(10)

An open space plan;

(11)

A parks and recreation plan and a hike and bike plan;

(12)

Illustrations indicating the general form and character of development, including representative examples of residential and non-residential buildings;

(13)

A description of the different phases of the development and schedule for commencement and completion of each phase; and

(14)

A development schedule indicating the rate of anticipated development from the date on which construction begins to completion, along with clearly defined benchmarks. As part of the PUD plan, the development schedule shall be adhered to by the owner, applicant, and any successor in interest.

b.

The city reserves the right to waive one or more of the required items of a PUD application as deemed necessary due to the size of the PUD, proposed use, or availability of existing infrastructure in the immediate area; and retains the authority to request additional information deemed necessary to provide a thorough review of the application.

3)

City Engineer. The city engineer shall present a written report on the development plan that summarizes the anticipated impacts of the proposed development on planning goals, utilities, emergency services, traffic, and taxes and give this report to the planning commission and the council.

4)

Planning Commission. The planning commission will conduct a public hearing on all completed PUD applications in accordance with public notification procedures contained in this chapter. The planning commission will provide its final recommendation to city council for action.

5)

Final Approval. Following the receipt of the final report from the planning commission, city council shall hold a public hearing in accordance with this chapter. A PUD may be created by ordinance upon approval of the development plan.

6)

PUD Review Criteria. A PUD application shall be evaluated based on the following criteria:

a.

The proposal is unique in design to warrant the use of a PUD overlay and the development is not possible using the existing underlying zoning of the property;

b.

The project depicts creative land development, providing a variety in the development patterns of the city which conform to the intended purpose of the city's master plan;

c.

All uses within the site shall be complimentary and pose minimal impact to adjacent uses; and

d.

Landscaping areas visually enhance the structures within the development and conform to the city's master plan.

(Ord. No. 09-1907, § 1, 7-6-2009)

A modification of an approved medium or large PUD may be approved by the city manager if the modification does not deviate more than

a.

10% in the amount of acreage of residential and multifamily land uses;

b.

15% in the amount of acreage of commercial land uses; or

c.

10% in the amount of acreage of open space.

The above-mentioned modifications are intended to give the development elasticity, not to allow the applicant to move a land use or open space to a different area of the PUD. Therefore, all modifications must retain their respective percentages of the original footprint in order for the modification to be approved by the city manager. For example, if the type of modification is allowed 10% flexibility, then 90% of the footprint shall be retained. If the modification is allowed 15% flexibility then 85% of the original footprint must be retained. Any other change shall require submittal of an amended plan to the planning commission and council. The public hearing and notice procedures of this chapter shall apply to such requested changes.

(Ord. No. 09-1907, § 1, 7-6-2009)

(a)

The applicant or applicant's designee shall submit an annual progress report to the city on the PUD anniversary date (the date of final approval of the PUD) and upon city council's or the planning commission's request. A formal review of the PUD shall be presented to council every three years or more frequently if requested by the planning commission and city council. The reporting requirements shall cease once 80% of the lot plan in all of the residential areas and 80% of all of the commercial areas are ready for building permits to be issued, which means that the area has been platted, the plats recorded, and 100% of the infrastructure in those areas have been accepted by the city. However, a final report shall be given to city council once the PUD is 100% complete.

(b)

The progress report shall provide the: percentage of project completed, expected completion date of uncompleted portion, and status of the development.

(c)

In the event the applicant or designee fails to provide the annual progress report or if the applicant fails to meet designated benchmarks, the planning commission may freeze all permits and plat recordation approval and not allow further permits to be issued or plats recorded. In addition, the planning commission may consider recommending to the city council that the PUD be terminated.

(Ord. No. 09-1907, § 1, 7-6-2009)

PUD approvals shall be valid from the date of council approval in the following manner: a small PUD shall be valid for five (5) years; medium PUD shall be valid for ten (10) years; and a large PUD shall be valid for fifteen (15) years.

(Ord. No. 09-1907, § 1, 7-6-2009)

If the planning commission recommends termination of the PUD, city council shall give the applicant an opportunity to show good cause why the PUD should not be terminated. If good cause is not shown, council shall terminate the PUD through an ordinance.

(Ord. No. 09-1907, § 1, 7-6-2009)

PUD extensions may be requested if the project is not completely constructed by the end of the original approval timeline. An extension cannot be granted unless at least 60% of the lot plan in all of the residential areas and 30% of all of the commercial areas are ready for building permits to be issued, which means that the area has been platted, the plats recorded, and 100% of the infrastructure in those areas have been accepted by the city. The applicant or designee may apply for multiple two (2) year extensions. The request must not only be made before the PUD expires, but in sufficient time that the ordinance extending the PUD can be approved before the PUD expires. Extensions shall be first presented to the planning commission. The planning commission shall then give its recommendation to city council.

(Ord. No. 09-1907, § 1, 7-6-2009)

All public dedications and improvements, including (but not limited to) rights-of-way, easements, streets and roads, alleys, pedestrian way, bikeways, sidewalks, storm drainage facilities, sewer systems, and water and electrical distribution systems, shall be provided in accordance with the requirements of the City of Lake Jackson Code of Ordinances at the time of the dedication or improvement.

(Ord. No. 09-1907, § 1, 7-6-2009)

The approval of a subdivision plat, or the issuance of building or other development permits for the development of an approved PUD may be delayed or issued contingent upon the applicant's providing adequate access, storm drainage facilities, water and sanitary sewer supply systems, and electrical power supply systems.

(Ord. No. 09-1907, § 1, 7-6-2009)

The applicant shall ensure that all prospective or future owners or assignees shall be informed in writing that the property is bound by the PUD documents.

(Ord. No. 09-1907, § 1, 7-6-2009)