Lamesa City Zoning Code
Division 6
Planned Development Districts
§ 14.03.301 Purpose.
(a)
Purpose.
A planned development district (PD district) is a specialized zoning district designed specifically for certain land developments. PD district are intended to implement generally the goals and objectives of the city’s comprehensive plan but allows for the incorporation of regulations, uses and requirements that may vary from a single use zoning district. PD districts are intended to be utilized by the city on specific projects to give developers the flexibility they need for complicated projects while still protecting and encouraging the most appropriate use of land throughout the city that best promotes the health, safety, morals and general welfare of its by meeting one or more of the following purposes:
(1)
To provide for a superior design of lots or buildings;
(2)
To protect or preserve existing historical buildings, structures, features or places;
(3)
To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services;
(4)
To provide amenities or features that would be of special benefit to the property users or community;
(5)
To provide for increased recreation and open space opportunities for public use and preserve natural amenities and environmental assets; and
(6)
To meet or exceed the goals and standards of the city’s comprehensive zoning ordinance.
(b)
PD districts are established by ordinance and not through agreements with individual property owners.
(c)
Each PD district shall be a freestanding zoning district in which the land uses, regulations, and requirements are outlined in an ordinance adopted by the city council and are tailored to fit the physical features of the site and to achieve compatibility with existing and planned adjacent uses. In the adopting ordinance, the city council may incorporate minimum standards by making reference to a standard zoning district as provided for elsewhere in this chapter.
(Ordinance O-1-18, sec. 2, adopted 2/20/17)
§ 14.03.302 Scope.
This division applies to all property within the incorporated municipal boundaries of the city.
(Ordinance O-1-18, sec. 2, adopted 2/20/17)
§ 14.03.303 Minimum standards for all PD districts.
(a)
Ordinance required.
Minimum standards proposed for the PD district must be incorporated within an ordinance adopted by the city council. In the adopting ordinance, the city council may incorporate minimum standards by making reference to a standard zoning district.
(b)
Approval process.
The following steps, at a minimum, shall be utilized in reviewing and approving a request for a PD district:
(c)
Base district.
A base zoning district will be established for each PD district and, unless otherwise specified in the ordinance approving the PD district, the PD district shall conform to the standards and regulations of the base zoning district.
(d)
Minimum development size.
The minimum allowable size to be eligible for a PD district is five (5) acres.
(e)
Height regulations.
Unless otherwise provided by the PD ordinance, height regulations for uses shall be those established within the city’s zoning regulations for the base zoning district.
(f)
Concept plan.
All PD districts shall have a concept plan that serves as the basis for the PD district. The plan shall depict the existing and proposed conditions of the lot, including, without limitation:
(g)
Site plan.
PD district ordinances shall require an engineered development plan that shows all improvements on each individual site, parcel, or lot within the PD district. The purpose of a site plan is to assure that the development of the sites, parcels and lots within the PD district are consistent with the approved concept plan. The site plan may be in addition to or in conjunction with any subdivision, platting or improvement plan requirements that may apply to the PD district as determined by the city manager or their designee. No development shall begin and no building permit shall be issued for any land within a PD district until a site plan that is substantially consistent with the concept plan has been approved.
(Ordinance O-1-18, sec. 2, adopted 2/20/17)
§ 14.03.304 Preapplication conference.
(a)
Meeting.
Unless the PD district designation is initiated internally by city staff, all parties interested in applying for a PD district designation shall first contact the city manager and schedule a pre-application conference. The city manager may include any additional city staff or consultants the city manager deems necessary in order to evaluate the PD district designation request. The city manager may require additional meetings with interested parties as part of the application process.
(b)
Requirements for meeting.
Parties interested in applying for a PD district designation should bring as much information as necessary to clearly convey the intended use of the property and to reasonably inform the city manager of the intended use of the property.
(c)
City manager designee.
While not required, the city manager may designate a primary contact for interested parties to communicate directly with during the PD district designation approval process. This person may be someone on city staff or a consultant for the city. Regardless of whether the city manager designates a primary contact, the city manager shall be copied on all written communication and documents during the PD district designation approval process.
(d)
Additional information.
The city manager or the city manager’s designee may require information and data for specific concept plans. This information data may include but is not limited to: geologic information, water yields, flood data and hydrological studies, environmental information, traffic impact analysis, road capacities, market information, historic structure(s) and/or land, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information.
(Ordinance O-1-18, sec. 2, adopted 2/20/17)
§ 14.03.305 Application requirements for PD district.
(a)
No application requesting a PD district designation shall be accepted by the city until the following items have been submitted to the city by the applicant:
(1)
A completed city application form as developed by the city manager that shall include, at a minimum, the following:
(A)
The name, resident address, business address, e-mail address, telephone number and other necessary contact information of the applicant;
(B)
The name, resident address, business address, e-mail address, telephone number and other necessary contact information of the property owner if different than the applicant; and
(C)
The name business address, e-mail address, telephone number and other necessary contact information of any architect, engineer, surveyor and/or developer the applicant is using to assist the development of the property.
(2)
Sufficient information establishing the applicant as the lawful owner of the property subject to the PD district designation or if the applicant is not the owner of record, a statement from the property owner giving authorization to the applicant to file the request to amend the zoning to a PD district;
(3)
A legal description of the property under consideration that includes a survey, which also shows that such property includes the minimum acreage required for a PD district.
(5)
A designation of the base zoning district for the proposed PD district;
(6)
A description of any development standards or requirements that are different from those in the base zoning district;
(7)
A description of any variances from the requirements of this division being requested and basis for such variance;
(8)
A description of how the proposed PD district will continue to meet the listed goals of the city’s comprehensive plan;
(9)
A development schedule outlining a timetable for completion of the entire project.
(10)
A copy of all proposed deed restrictions, provisions, or covenants which govern the use, maintenance, and continued protection of the PD district and any of its common areas, if applicable.
(11)
The required application fee.
(b)
Applications submitted to city’s building official.
All applications shall be submitted to the city’s building official or their designee. Any applications that clearly fail to contain any of the items listed above may be rejected by the city’s building official. Any such rejection by the city’s building official shall state in writing the basis for the rejection.
(c)
Administrative review of applications.
Upon official submission of a complete application for PD district approval, the city manager and any other member of the city staff or any consultant retained by the city, as determined by the city manager, shall commence a technical review of the application. The city shall review the application and shall ascertain its compliance with these and other applicable city regulations. Once approved, the application shall be forwarded to the planning and zoning commission. At the city manager’s discretion, the city manager may forward an application to the planning and zoning commission and council with or without a recommendation.
(d)
Official submission date/incomplete applications.
For the purpose of this division, the “official submission date” shall be the date upon which a complete application for approval of a PD district, that contains all elements and information required by this division, is first submitted to the city manager. No application shall be deemed officially submitted until the city manager determines that the application is administratively complete and a fee receipt is issued by the city. Applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a planning and zoning commission agenda until the proper information is provided to city staff.
(Ordinance O-1-18, sec. 2, adopted 2/20/17)
§ 14.03.306 Concept plan.
(a)
Required.
No PD district may be established without approval of a concept plan. It establishes general guidelines for the PD district by identifying the proposed land uses and intensities, building locations, building footprints, and other items listed in section 14.03.303(f). The concept plan, as incorporated in the PD ordinance and together with the text of the ordinance, establishes the development standards for the PD district. The concept plan must include enough information to allow the city to plan for infrastructure and to demonstrate that the plan will be an enhancement to the city, while allowing for flexible and creative planning.
(b)
Concept plan components.
In addition to any other requirements of this division, the concept plan shall include, at a minimum, the following:
(1)
Detailed description of the PD district.
A written detailed description identifying the proposed land uses and intensities, building locations, building footprints, and other items listed in section 14.03.303(f). This detailed description shall contain the following:
(A)
The names of adjacent additions or subdivisions, or the name of the owners of record and recording information for adjacent parcels of platted or unplatted land, including parcels on the other sides of roads or rights-of-way;
(B)
The existing and proposed uses of the subject property;
(C)
A general arrangement of future land uses, including the approximate number of lots and any residential uses anticipated, and a generalized circulation plan for the subject property;
(D)
The existing zoning and existing and proposed uses on adjacent land;
(E)
The location, width and names of all existing or platted streets or other public ways within or adjacent to the tract;
(F)
Any existing easements with recording information;
(G)
Existing buildings; railroad rights-of-way;
(H)
Topography, including contours at two-foot intervals with existing drainage channels or creeks, including the 100-year floodplain, if applicable; any other important natural features (such as rock outcroppings, wildlife habitats, etc.);
(I)
All substantial natural vegetation; and adjacent political subdivisions, corporate limits, and/or school district boundaries;
(J)
The layout and width, including right-of-way lines and curblines, of existing and proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets, lots and blocks;
(2)
Base zoning designation.
A designation of the base zoning district for the proposed PD district;
(3)
Development standards.
A description of any development standards or requirements that are different from those in the base zoning district;
(4)
Variances.
A description of any variances from the requirements of this division being requested and basis for such variance;
(5)
Map.
Fully dimensioned map(s) of the proposed PD district;
(6)
Informational statement.
A general statement setting forth how the proposed PD district will relate to the city’s comprehensive plan;
(7)
Total acreage.
The total acreage within the proposed PD district;
(8)
Development timetable.
A timetable for the development of the PD district. If the development is to occur in phases, a conceptual phasing plan that identifies the currently anticipated general sequence of development, including the currently anticipated general sequence for installation of major capital improvements to serve the development; and
(9)
Aerial photograph.
An aerial photograph with the boundaries of the PD district clearly delineated.
(10)
Other information.
Any other information as may be required by the city to allow the city to make an informed decision on the proposed PD district.
(c)
Consistency required.
Each PD district shall be developed, used, and maintained in compliance with the approved concept plan for the PD district. All permit applications and site plan filings within the PD district shall be consistent with the incorporated concept plan. Failure of a subsequent development application to conform to the approved concept plan for the PD district shall result in denial of the application.
(d)
Conflicts with ordinance.
If the concept plan and the ordinance establishing the PD district conflict in any way, the PD ordinance shall be considered the controlling document.
(Ordinance O-1-18, sec. 2, adopted 2/20/17)
§ 14.03.307 Ordinance establishing PD district.
(a)
Procedures.
The procedures for establishing a PD district shall be as for any other type of zoning change or amendment as outlined in section 14.03.151 of this chapter.
(b)
Concept plan part of ordinance.
The ordinance establishing a PD district shall incorporate the approved concept plan as part of the district regulations.
(c)
Governing regulations.
Except to the extent provided by the concept plan and the ordinance establishing the PD district, development within the PD district shall be governed by all of the ordinances, rules, and regulations of the city in effect at the time of such development, including the standards of the zoning district identified in the application.
(d)
Conflict.
In the event of any conflict between the ordinance establishing the PD district and the ordinances, rules, and regulations of the city in effect at the time of the establishment of the PD district, the terms, provisions, and intent of the ordinance establishing the PD district shall control.
(e)
Concept plan amendments.
Concept plans, excluding informational statements, are considered part of the ordinance establishing the PD district. Any substantive amendment to a concept plan, as determined by the city manager, shall be considered a zoning change. Nonsubstantive modifications may be approved by the city manager.
(f)
Site plans.
Site plans are not considered part of ordinance establishing the PD district.
(h)
Lapse of concept plan.
A concept plan shall be effective for a period of one year (365 calendar days).
(i)
Extension and reinstatement.
Extension of a concept plan shall be in accordance with the following:
(1)
Prior to the lapse of approval for a concept plan, the applicant may request that the city, in writing, extend the plan approval. Such request shall be considered at a public meeting before the planning and zoning commission and the city council, and an extension may be granted by city council at such meeting. Two (2) extensions of six (6) months each in length may be granted, unless otherwise specified by ordinance. If no petition for extension of concept plan approval is submitted, then the plan shall be deemed to have automatically expired by operation of law and shall become null and void.
(2)
Determination of extension. In determining whether to grant a request for extension, the city council shall take into account the reasons for the lapse, the ability of the applicant to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the concept plan or site plan at that point in time. The planning and zoning commission and city council shall either extend the concept plan or deny the request, in which instance the originally approved plan shall be deemed null and void. However, the two (2) aforementioned extensions shall not be unreasonably withheld without due cause.
(Ordinance O-1-18, sec. 2, adopted 2/20/17)