Lancaster City Zoning Code
ARTICLE 10
00 PLANNED DEVELOPMENT REGULATIONS
§ 10.01 Planned Development–General.
(a)
Purpose.
The purpose of this Article is to provide for the creation of planned development zoning districts ("PD Districts"). PD Districts are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a PD Concept Plan that may include uses, regulations and other requirements that vary from the City's Zoning Ordinance or from other ordinances, rules or regulations of the City. PD Districts are intended to implement the goals and objectives of the City's Comprehensive Plan, but may be accompanied by specific amendments to provisions of the Comprehensive Plan, the Parks and Open Space Plan or the Thoroughfare Plan. PD Districts are also intended to encourage flexible and creative planning, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community by meeting one or more of the following purposes:
* | to provide for a superior design of lots or buildings; |
* | to achieve a mixture of uses and/or residential unit types; |
* | to provide for increased recreation and/or open space opportunities for public use; |
* | to provide amenities or features that would be of special benefit to the property users or community; |
* | to protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and view corridors; |
* | to protect or preserve existing historical buildings, structures, features or places; or |
* | to provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. |
(b)
Nature of PD Districts and Minimum Standards.
Each PD District is intended to be a freestanding zoning district in which land uses and intensities of land use may be tailored to fit the physical features of the site and to achieve compatibility with existing and planned adjacent uses. In order to ensure that a PD District implements the policies of the Comprehensive Plan, and to further ensure that the PD District is in accordance with a comprehensive plan of zoning regulation, it is necessary to establish minimum standards for residential and nonresidential uses proposed for the PD District that must be incorporated within an ordinance adopted by the Council (the "PD Ordinance").
(2)
Open Space Standards.
A.
Public and Private Open Space.
Unless otherwise provided by the PD Ordinance, a minimum of twenty percent (20%) of the gross land area within the entire PD District shall be devoted to open space, consistent with the open space requirements of the City's Parks and Open Space Plan. At least 80% of all homes should be within 800 feet of a publicly accessible park of at least 15,000 s.f. Open space for PD Districts may be satisfied by either public or by a combination of public open space and open space held in common, unless otherwise provided by development regulations established by the City Council. Open space requirements specified in this subsection are in addition to requirements for site landscaping and buffering. Public open space shall be dedicated to the City or contain an easement on title as being open to public use.
B.
Preservation of Natural Features.
Unless otherwise provided by the PD Ordinance or PD Concept Plan:
C.
Floodplain areas shall be preserved and maintained as open space; and
D.
Significant stands of native trees and shrubs shall be preserved and protected from destruction or alteration.
E.
Open Space Allocation.
Open space requirements shall be satisfied for each phase of a multi-phased residential development. If open space is not to be provided proportionally among phases of development, the applicant must execute a reservation of open space in a form that will assure the City that such open space will be provided. The City may require that all open space within the district must be provided prior to completion of development within the district.
(3)
Other Minimum Development Standards.
Dimensional and Area Standards. Unless otherwise provided by the PD Ordinance, dimensional and area standards for uses shall be the most restrictive standards authorized by the City's Zoning Ordinance for the same or similar uses.
(c)
PD Plans Required.
There are three types of plans that may be required as part of the development process within a PD District. Each successive plan may modify the previous plan provided that it does not substantially change the general intent of the original PD district. Each successive plan becomes part of the Zoning Ordinance governing the property and replaces the previously approved plan.
(1)
PD Concept Plan.
The PD Concept Plan is mandatory and is intended to be used as the first step in the PD development process. It establishes the most general guidelines for the PD District by identifying the land uses and intensities, thoroughfare locations, and open space boundaries (including public trail systems). It may include images of intended style and type of development. The Concept Plan illustrates the integration of these elements into a master plan for the whole PD District. The PD Concept Plan establishes the development standards for the PD district.
(2)
PD Development Plan.
A PD Development Plan is optional and is intended to be used where appropriate as the second step of the PD development process. It may be required by the PD ordinance, or it may be submitted voluntarily by the property owner. A PD Development Plan constitutes an amendment to the approved PD Concept Plan and PD Ordinance and may be used where the developer requests, or the Council requires, certain standards for the PD District to be specified after initial establishment of the PD District. A PD Development Plan includes more detailed information as to the specific development standards and land uses, including their boundaries. The purposes of a PD Development Plan are to allow flexibility in the development process by deferring specification of all development standards at the time of PD District creation and to enable developers to satisfy conditions imposed on creation of the District prior to submittal of a PD Site Plan.
(3)
PD Site Plan.
A PD Site Plan is mandatory and is the final step of the PD development process. The purposes of a PD Site Plan are to assure that the development of individual building lots, parcels, or tracts within the PD District are consistent with the approved Concept Plan and Development Plan, if any, and to assure that the standards applicable within the PD District are met for each such lot, parcel or tract. A PD Site Plan shall continue to be valid for a period of two years after it is approved by the Commission; however, such period may be extended by the Council upon recommendation of the Planning and Zoning Commission. The period of time approved for any such extension shall be indicated in any approval, but in no case, shall the period for extension exceed two (2) years.
(d)
PD Compliance with Approved Plans.
(1)
Plan Consistency.
Except as otherwise provided by the subdivision provisions of the City's Zoning Ordinance, no development shall begin and no building permit shall be issued for any land within a PD District until a PD Site Plan that is consistent with the PD Concept Plan and applicable PD Development Plan has been approved. Each PD District shall be developed, used, and maintained in compliance with the approved PD Site Plans for the district. Compliance with the PD Ordinance shall be construed as a condition precedent to granting of Certificates of Occupancy.
(2)
Historic Districts.
Site Plans for PDs located in a Historic District shall be reviewed and a recommendation made by the Historic Landmark and Preservation Committee.
(Ordinance 2006-04-13, sec. 14.1001, adopted 4/24/06)
§ 10.02 Planned Development Procedures.
(a)
Establishment of a PD District.
(1)
Zoning Amendment.
An application for the establishment of a PD District shall be made to the Commission. The application shall:
A.
Be accompanied by a PD Concept Plan;
B.
Be accompanied by a list of proposed PD District development standards;
C.
Identify the City's then-current zoning district which shall apply to the extent not otherwise provided by the PD Concept Plan or by the proposed PD District development standards;
D.
Be accompanied by a Concept Plan informational statement, and traffic impact analysis in accordance with the City's published standards or application forms.
Except to the extent provided by the PD Concept Plan and the PD Ordinance, 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 City's zoning district so identified in the application). In the event of any conflict between (i) the PD Concept Plan and the PD Ordinance and (ii) the then-current ordinances, rules, and regulations of the City, the terms, provisions, and intent of the PD Concept Plan and PD Ordinance shall control. In addition, prior to action by the Commission on the establishment of the PD District, the applicant shall submit a traffic impact analysis. |
(2)
PD Concept Plan.
A PD Concept Plan (or, at the applicant's option, a PD Development Plan) shall be processed simultaneously with the zoning amendment application, and if the zoning amendment application is approved, the PD Concept Plan (or PD Development Plan) shall be incorporated as part of the PD Ordinance. The graphic depictions contained on a PD Concept Plan shall be considered as regulatory standards. Each PD Concept Plan shall be prepared as required by the City. Unless waived by the Council on recommendation of the Director, each PD Concept Plan shall graphically depict the following:
A.
A diagram or drawing of the boundaries of the proposed PD District;
B.
Proposed and existing land uses organized by category (including, if applicable, proposed and existing land uses by category for any sub-areas to be developed within the PD District);
C.
Proposed density by type of residential uses, including the maximum numbers of dwelling units for residential uses other than single-family detached, and lot sizes for single-family detached;
D.
Proposed estimated total floor area and floor area ratios by category of nonresidential uses, if any;
E.
Proposed configuration of public and private open space serving the development, showing the relationship to the City's Parks and Open Space Plan, including trail system and access points to the trail system, estimated dimensions and approximate area, and areas to be dedicated to the public or to a private maintenance organization, if known;
F.
Proposed and existing thoroughfares, boulevards and roadways;
G.
To the extent known for adjoining land, existing land uses (by zoning district), existing thoroughfares; and existing open space for such adjoining land;
H.
A general plan for circulation of traffic and pedestrians within and external to the development, including designated points of access; and
I.
Other information as may be required by the Director
(3)
Concept Plan Informational Statement.
A PD Concept Plan shall be accompanied by an informational statement containing the information set forth below. If the zoning amendment application is approved, the informational statement shall not be binding on the applicant or the land owner and shall not be considered part of the PD Concept Plan or the PD Ordinance. Informational statements shall be updated concurrently with any amendment to the PD Concept Plan and with each PD Development Plan. Each statement shall include the following:
A.
A general statement setting forth how the proposed PD District will relate to the City's Comprehensive Plan;
B.
The total acreage within the proposed PD District;
C.
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
D.
An aerial photograph with the boundaries of the PD Concept Plan clearly delineated.
(4)
Proposed PD Development Standards.
Proposed PD District development standards shall be processed simultaneously with the zoning amendment application, and if the zoning amendment application is approved, such standards shall be incorporated as part of the PD Ordinance. Such proposed development standards may include (but shall not be limited to) uses; density; lot size; lot dimensions; setbacks; coverage; height; landscaping; lighting, fencing, parking and loading; signage; open space; drainage; and utility and street standards. Any graphic depictions used to illustrate such standards, unless otherwise provided in the PD Ordinance, shall be considered as regulatory standards.
(5)
Traffic Impact Analysis.
Prior to or simultaneous with submission of an application for the establishment of a PD District, the applicant shall submit to the Director, a traffic impact analysis for the proposed PD District for any project which may generate 1,000 trips or less per day or 400 or less per hour based on ITE standards, unless waived by the Director or City Council.
The analysis must be approved by the Council prior to or concurrently with the approval by the Council of the PD District. The traffic analysis shall not be considered part of the PD Concept Plan or the PD Ordinance but may be used to condition the density or intensity of uses, the location and configuration of access, or the timing of development within the District based upon the existence of a supporting roadway network adequate to accommodate the traffic expected to be generated. In multi-phased developments, the traffic impact analysis shall be updated with each PD Site Plan.
(6)
Complete Application.
No application for the establishment of a PD District shall be deemed to be filed with the City until the Director or designee has determined that the PD Concept Plan is complete, that the proposed PD District development standards have been identified, a traffic impact analysis has been submitted, and that the informational statement is complete.
(7)
Commission Recommendation.
The Commission, after notice and public hearing in accordance with the City's Zoning Ordinance procedures and State law, shall formulate its recommendation with respect to establishment of a PD District. The recommendation of the Commission shall be forwarded to the Council for decision.
(8)
Council Decision.
Following receipt of the Commission's recommendation, the Council, after notice and public hearing in accordance with this Code, shall approve, approve with conditions, or deny the application for establishment of the PD District.
(9)
Approval Criteria.
Based upon the PD Concept Plan, the Commission, in making its recommendations to the Council, and the Council, in determining whether the PD District should be established, shall consider whether the following criteria have been met:
A.
The plan of development is generally consistent with the City's Comprehensive Plan (as such plan may be amended prior to or concurrently with approval of the PD District);
B.
Proposed uses and the configuration of uses are compatible with existing and planned adjoining uses;
C.
The general arrangement of streets conforms to the City's Thoroughfare Plan (as such plan may be amended prior to or concurrently with approval of the PD District);
D.
Proposed uses, development densities and intensities, and development regulations are generally consistent with this Article;
E.
The configuration of the proposed open space serving the development is consistent with the City's Parks and Open Space Plan (as such plan may be amended prior to or concurrently with approval of the PD District)
F.
The provision of publicly accessible open space where there are residential units, the number of units which face on the open space, and the distance of residential units to the open space;
G.
The amenities proposed justify proposed densities or intensities;
H.
The proposed plan of development furthers the public health, safety and general welfare of the community; and
I.
The traffic impact analysis demonstrates that the capacity of the proposed roadways shown on the proposed PD Concept Plan, together with any roadways within related PD Districts and the supporting roadway network, are adequate to accommodate the traffic expected to be generated by the uses, densities and intensities of use shown on the PD Concept Plan in and authorized in the PD Ordinance in a timely and efficient manner with all appropriate standards which will ensure the protection of the health, safety and welfare of the community.
(10)
Conditions.
The Commission may recommend, and the Council may require, such conditions to the establishment of a PD District and to the approval of a PD Concept Plan as are reasonably necessary to assure that the purposes of the District and the approval criteria for the PD Concept Plan are met. Such conditions may include the requirement of a PD Development Plan.
(11)
Adopting Ordinance.
The PD Ordinance shall include the PD Concept Plan as an exhibit to the ordinance and shall include the following:
A.
A statement of the purpose and intent of the PD District;
B.
A metes and bounds description of the land within the PD District;
C.
A list of the specific land uses permitted within the PD District, together with a description of the sub-areas, if any, in which such uses are allowed;
D.
The maximum density or intensity of each permitted land use;
E.
A list of all the PD District development standards, together with necessary graphic illustrations;
F.
Identification of the City's then-current zoning district standards that shall apply to the extent not otherwise provided by the PD Concept Plan or PD Ordinance;
G.
Identification of the development standards, if any (whether in the PD Ordinance or in the then-existing ordinances, rules, or regulations of the City), that may be deferred for specification until approval of a PD Development Plan or that may be varied by the Council as part of the approval process for a PD Site Plan
H.
Unless otherwise identified on the PD Concept Plan, the general location and size of open space serving the development; including any proposed dedication of open space to the public or to a maintenance organization.
I.
Provisions governing amenities, if any, to justify densities or intensities.
J.
Such additional conditions as are established by the Council to assure that the PD District and PD Concept Plan are consistent with the purposes of the District and the approval criteria for the Concept Plan.
(b)
PD Development Plans.
If the Council requires as a condition of establishing the PD District and approving a PD Concept Plan that PD Development Plans be submitted prior to submittal of a PD Site Plan, a PD Development Plan may be prepared and submitted for the entire development at one time or for individual phases of development. Each required copy of the PD Development Plan shall be accompanied by (i) a development plan informational statement and (ii) a preliminary drainage study for the area covered by the proposed plan. If deemed necessary by the City's Transportation Engineer or Director, the applicant for a PD Development Plan shall also submit an updated traffic impact analysis prior to Commission action.
(1)
Submittal Requirements for PD Development Plans.
A.
Approximations of the following: site boundaries and dimensions, lot lines, site acreage and square footage, and distances to the nearest cross streets;
B.
Location map, north arrow, title block and site data summary table;
C.
Existing land uses and zoning classifications on adjacent properties;
D.
Preliminary tree survey.
E.
Any features omitted from the PD Concept Plan upon Council authorization;
F.
Such additional features as are necessary to assure compliance with conditions established by the Council to be satisfied by the Development Plan; and
G.
Other information as may be required by the Director or Designee.
(2)
PD Development Standards.
Development standards that were not specified in the PD Ordinance, as authorized by the Council, shall be submitted and approved as an amendment to the PD Ordinance and incorporated therein, in conjunction with approval of the PD Development Plan.
(3)
Development Plan Informational Statement.
Each PD Development Plan shall be accompanied by an informational statement containing the information set forth below. Informational statements shall be updated concurrently with any amendment to a PD Development Plan and with each PD Site Plan. Each informational statement shall include the following:
A.
Name and address of landowner and date of preparation of the PD Development Plan;
B.
Name and address of architect, landscape architect, planner, engineer, surveyor, or other persons involved in the preparation of the PD Development Plan;
C.
A table listing the specific permitted uses proposed for the property, and, if appropriate, the boundaries of the different land uses and the boundary dimensions;
E.
A list of the development standards, if any (whether in the PD Ordinance or in the then-existing ordinances, rules, or regulations of the City that apply to development within the PD District), for which the applicant is seeking amendment by the Council as part of the PD Development Plan approval process.
F.
If Council approval of any height increase is being requested, a view analysis of the impact of such requested Exception on adjacent residential areas of the City.
G.
Preliminary and approximate building locations and building footprints;
H.
Preliminary elevations and perspectives to show the relationship of building heights to surrounding topography;
I.
Location of parking areas and structures for multi-family and nonresidential uses, including areas for off-street parking;
J.
A detailed description of how open space serving the development will be satisfied for the phase of development represented by the PD Development Plan, including any proposed dedications of open space to the public or to a private maintenance organization;
K.
If the PD Development Plan is a phase of the project (as described in the applicant's original informational statement submitted with the PD Concept Plan), depiction of the area subject to the development in relation to the then-current phasing plan, together with any updates of the then-current phasing plan that was submitted as part of the applicant's original informational statement; and
L.
A list identifying each proposed addition or amendment to the PD ordinance.
(4)
Preliminary Drainage Study.
Each PD Development Plan shall be accompanied by a preliminary drainage study for the area covered by the district unless waived by the City Engineer or City Council. The study shall be prepared and sealed by a professional engineer licensed in the State of Texas and experienced in the study of drainage issues.
A.
Purpose.
The purposes of the drainage design policies are to prevent flooding of adjacent properties, owned by third parties and to regulate water surface elevations and peak discharges. Development within the PD District shall not produce any increase in the water surface elevation (either upstream or downstream) due to a 5-year, 10-year, 50-year, or 100-year storm. If the discharge from the area proposed for development would increase the water surface elevation above pre-development conditions on any property owned by third parties due to any of such storms, then such peak discharge must be regulated to the extent necessary to eliminate the increased water surface elevation. The regulation of discharges to eliminate such increases may be achieved using either on-site or off-site stormwater management facilities (such as detention areas, retention areas, and infiltration and sedimentation ponds).
B.
Content.
The preliminary drainage study shall
1.
Contain a topographical map of the area proposed for development to a scale not smaller than 1 inch = 200 feet;
2.
Generally describe how the proposed development will comply with the drainage design policies set forth below;
3.
Include all information deemed necessary by the preparing engineer to support his or her determination that the proposed development will comply with the drainage design policies; and
4.
Include all information reasonably requested by the City Engineer to support his or her review of the preliminary drainage study.
(5)
Updated Traffic Impact Analysis.
If deemed necessary by the Director or if required by the PD Ordinance, the applicant for a proposed PD Development Plan shall submit an updated traffic impact analysis prior to action by the Commission. The purpose of the updated analysis is to determine whether the traffic estimated to be generated by the development shown on the proposed PD Development Plan will necessitate specific on-site or adjacent traffic improvements (e.g., turn lanes, stacking lanes, signalization, etc.) and to determine whether conditions attached to the Concept Plan based on the original traffic impact analysis have been met.
(6)
Commission Recommendation.
The Commission, after notice and public hearing in accordance with the City's Zoning Ordinance procedures, shall recommend to the Council whether to approve, approve with conditions, or disapprove each PD Development Plan, together with each proposed amendments to the PD Ordinance.
(7)
Council Decision.
Upon receipt of the Commission's recommendation, the Council, after notice and public hearing in accordance with the City's Zoning Ordinance procedures, shall approve, approve with conditions, or disapprove each PD Development Plan and each proposed addition or amendment to the PD Ordinance.
(8)
Approval Criteria.
The Commission, in making its recommendation to the Council, and the Council, in acting upon each PD Development Plan and proposed addition or amendment to the PD Ordinance, shall determine whether the proposed PD Development Plan and ordinance addition or amendment meets the following criteria:
A.
The plan generally is consistent with the approved PD Concept Plan (including open space, trails, and thoroughfares);
B.
The plan generally is consistent with the development standards set forth in the PD Ordinance;
C.
The plan satisfies any conditions established by the Council in the PD Ordinance relating to Development Plan approval;
D.
The plan is generally consistent with the standards and conditions of the Zoning Ordinance and of other ordinances, rules and regulations of the City (to the extent that such standards and conditions are applicable to development within the PD District);
E.
The traffic estimated to be generated by the plan is generally consistent with the original, Council approved traffic impact analysis and any conditions to be satisfied at the time of the Development Plan approval have been met;
F.
The plan includes the necessary on-site or adjacent traffic improvements to accommodate traffic generated by the plan (e.g., turn lanes, stacking lanes, signalization, etc.); and
G.
The preliminary drainage study for the plan indicates that the proposed development can be achieved without increasing the upstream or downstream water surface elevation on property owned by third parties and that detention and drainage areas can be improved in a natural manner.
(9)
Conditions.
The Commission may recommend, and the Council may require, such conditions to the approval of a PD Development Plan as are reasonably necessary to assure that the approval criteria are met.
(10)
Approving Ordinance.
The Development Plan shall be incorporated within an ordinance amending the PD Ordinance and the Concept Plan. The amending ordinance shall set forth all standards necessary for development of the land subject to the Development Plan that were not included in the PD Ordinance. The amending ordinance also shall repeal or amend any conditions that were attached to the PD Ordinance that have been satisfied as a result of approving the Development Plan and associated amendments.
(c)
PD Site Plans.
(1)
Delegation to Commission.
The Commission hereby is delegated the authority to approve, conditionally approve, or deny PD Site Plans submitted that complies with PD regulations adopted in the PD ordinance and all amendments thereto, subject to appeal to the Council. Any Site Plan subject to a request for Exceptions or other modifications that are reserved for the Council by these PD regulations shall be decided by the Council upon recommendation of the Commission.
(2)
Submittal Requirements.
The following requirements apply to each application for PD Site Plan approval unless otherwise required or approved by the Director:
A.
Size.
PD Site Plans shall be prepared on sheets and at a scale as required by the Director. PD Site Plans shall be prepared by a registered engineer, architect, landscape architect, or a certified city planner.
B.
General Information.
1.
North Arrow;
2.
Total site acreage;
3.
Submission date;
4.
Scale (written and graphic);
5.
Vicinity map;
6.
Names, addresses, and telephone numbers of designer, engineer, developer, and owner;
7.
A boundary survey of the site with the location of proposed land uses;
8.
Adjacent subdivision names and property lines; and
9.
Adjacent land uses and structures.
C.
Structures.
1.
Location, dimensions, and use of all existing facilities and proposed building sites;
2.
Setback and separation distances between building sites;
3.
Proposed construction type and facade materials for all multi-family and nonresidential buildings (the Commission may require elevations and perspective drawings);
4.
Proposed density of each use;
5.
Proposed location of screening along public roadways shown on the PD Concept Plan;
6.
Location and types of signs, including lighting and heights;
7.
Elevation drawings citing proposed exterior finish materials; and
8.
Location of solid waste collection facilities.
D.
Streets and Sidewalks.
1.
Location and width of all rights-of-way and easements;
2.
Location and dimensions of all pavement and curbing;
3.
Location and width of all sidewalks;
4.
Location and width of all ingress/egress points;
5.
Location and width of all medians and median breaks;
6.
Location of any special traffic regulation facilities;
7.
Location of Fire Lanes; and
8.
Street names on proposed streets.
E.
Off-Street Parking and Loading Areas.
1.
Number, location, and dimension of spaces;
2.
Type of surface material of parking facility;
3.
Dimension of aisles, driveways, maneuvering areas, and curb return radii;
4.
Distance between spaces and adjacent rights-of-way;
5.
Location of all existing and proposed fire lanes and hydrants; and
6.
Proposed lighting diagram.
F.
Landscaping.
1.
Location and size of major tree groupings and existing hardwood trees of 6" caliper or greater, noting whether they are to be removed or retained;
2.
Location and size of proposed plant materials, including paving, together with type and species of plants;
3.
Number and type of each landscape element;
4.
Height and type of all fencing or buffering;
5.
Height of all planters, sculptures, and decorative screens;
6.
Location and type of trash receptacle screening;
7.
Location and type of lighting for streets, signage, and parking areas; and
8.
Location of visibility triangles where required.
G.
Drainage.
1.
Direction of water flow;
2.
Quantity of on- and off-site water generation;
3.
Topographic contours at a minimum of 5-foot intervals;
4.
Points of concentrated water discharge;
5.
Areas where special design and construction may be necessary due to slope or soil conditions;
6.
Location and design of all water detention and drainage areas; and
7.
Drainage ways, creeks, and limits of the 100-year floodplain and floodway as shown on current FEMA mapping or the City's master drainage plan, including location and acreage, together with a general plan for accommodating floodwaters and drainage.
H.
Preliminary Service Plan.
1.
A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area. If no Development Plan has been required and approved by the Council, the drainage plan shall incorporate the requirements of the preliminary drainage study;
2.
The proposed method of providing water and sewer service; and
3.
If no Development Plan has been required and approved by the Council, an updated traffic impact analysis.
I.
Exceptions.
A list of the development standards, if any (whether in the PD Ordinance or in the then-existing ordinances, rules, or regulations of the City that apply to development within the PD District), for which the applicant is seeking an Exception by the Commission as part of the PD Site Plan approval process.
J.
Other information.
Other information as may be required by the Director or designee.
(3)
Commission Decision.
The Commission, after notice and public hearing in accordance with the City's Zoning Ordinance procedures, shall approve, approve subject to conditions, or deny each PD Site Plan.
(4)
Approval Criteria.
The Commission, in approving, conditionally approving, or denying a PD Site Plan, shall consider the following criteria:
A.
The plan complies with the applicable PD Concept Plan or Development Plan, if any, and with the PD Ordinance, expressly including conditions attached to the Concept Plan, Development Plan or PD Ordinance.
B.
The plan complies with the standards and conditions of the Zoning Ordinance and of other ordinances, as well as other rules and regulations of the City (to the extent that such standards and conditions are applicable to development within the PD District);
C.
If no Development Plan was required and approved by the Council, the traffic estimated to be generated by the plan is generally consistent with the original Council-approved traffic impact analysis;
D.
If no Development Plan was required and approved by the Council, the plan includes the necessary on-site or adjacent traffic improvements to accommodate traffic generated by the plan (e.g., turn lanes, stacking lanes, signalization, etc.);
E.
If no Development Plan was required and approved by the Council, the preliminary drainage study for the plan indicates that the proposed development can be achieved without increasing the upstream or downstream water surface elevation on property owned by third parties and that detention and drainage areas can be improved in a manner approved by the Council; and
F.
Landscaping promotes continuity and unity consistent with the landscape plan for the development and encourages views to public open space and public landmarks.
(5)
Conditions.
The Commission, or the Council on appeal, may establish such conditions to the approval of a PD Site Plan as are reasonably necessary to assure that the approval criteria are met.
(6)
Appeal from Commission Action.
If the Commission approves a PD Site Plan with conditions or if it disapproves a PD Site Plan, the applicant may appeal the decision to the Council by filing a written request with the City Secretary within ten (10) days after the Commission's decision.
(7)
Exceptions.
The granting of Exceptions for Planned Development District regulations shall be the purview of Planning and Zoning Commission and City Council.
(d)
Amendment of PD Plans.
(1)
PD Concept Plans.
PD Concept Plans (excluding informational statements) are considered part of the PD Ordinance. Any amendment to a PD Concept Plan shall be considered a zoning change, and the provisions of this Code and Chapter 211 of the Texas Local Government Code, as amended, relating to notices, public hearings, and written protests for changes in zoning districts or regulations shall apply. If a PD District is established subject to approval of PD Development Plans, the provisions of this Subsection shall apply to such PD Development Plan.
(2)
PD Site Plans.
PD Site Plans are not considered part of a PD Ordinance. Except as otherwise provided, any amendment to an approved PD Site Plan must be approved by the Commission. However, "minor modifications" to any PD Site Plan may be administratively approved by the Director. If the Director believes that a request for minor modification entails a significant change in the Site Plan, he may refer the request to the Commission for determination. A "minor modification" to a PD Site Plan is defined as any modification that does not:
A.
Alter the basic relationship of proposed development to adjacent property;
B.
Change the uses permitted;
C.
Increase the maximum density, floor area, or height;
D.
Decrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements; or
E.
Reduce the minimum yards or setbacks.
(e)
Periodic Review.
(1)
Applicability.
Each tract of land not yet fully developed, for which (PD) Planned Development District Zoning has been granted, shall be reviewed by the Planning and Zoning Commission in order to make inquiry and ascertain the following:
A.
Whether a Preliminary Plan and/or Development Plan can reasonably be expected to be filed;
B.
If a Preliminary Plan and/or Development Plan can be reasonably expected to be filed at any time within the two (2) year interval as set out herein;
C.
Whether the granted uses for the tract of land under consideration continues to have a desired relationship with the surrounding area; and
D.
If such density and other design standards originally granted are in accordance with the current community growth patterns and values.
(2)
Determination.
If, upon inquiry and review, the Planning and Zoning Commission finds that a particular tract of land zoned (PD) Planned Development is not reflective of current community growth patterns or community design policies, or is not in accordance with the Comprehensive Plan, it may request the City Council to initiate hearings on the particular tract of land to consider 1) reform or modification of the PD District on the particular tract; or 2) change the zoning to a more suitable land use classification.
(3)
Frequency.
The Planning and Zoning Commission shall review each tract of land for which Planned Development zoning has been granted beginning in January of each year, at least on two-year intervals. The Planning and Zoning Commission may review certain tracts (for which Planned Development zoning has been granted) more frequently if it determines such review is necessary.
(Ordinance 2006-04-13, sec. 14.1002, adopted 4/24/06)
§ 10.03 Effect on Existing PDs.
(a)
District Amendments.
If an amendment is proposed after the effective date of this Article to any Concept Plan, Development Plan, Site Plan or planned development ordinance approved prior to the effective date of this ordinance under prior development regulations, the provisions of this Article shall apply to those amendments.
(b)
Site Plans.
For any PD District established under prior planned development regulations for which at least one Site Plan has been approved pursuant to such prior regulations, the provisions of this Article shall not apply, except that procedures related to approval of PD Site Plans pursuant to this ordinance shall apply to any application for PD Site Plan approval submitted more than thirty (30) days after the effective date of this Article.
§ 10.04 Amendments to Approved PD Applications.
(a)
Processing Amendments.
(1)
Amendments to all applications and approvals shall be processed in the same manner as the original application. However, the applicant shall submit a summary of all elements that are proposed to be changed along with the revised plans and application.
(2)
Notwithstanding the above, the Director may approve minor modifications in an approved Site Plan or PD Site Plan administratively, provided that they do not:
A.
Alter the basic relationship of proposed development to adjacent property;
B.
Change the uses permitted;
C.
Increase the maximum density, floor area, or height;
D.
Decrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements;
E.
Reduce the minimum yards or setbacks; or
F.
Detrimentally change or alter the characteristics of the elevation drawings or Site Plan as approved, but rather allow for some flexibility in minor modification to same.
(Ordinance 2006-04-13, sec. 14.1003, adopted 4/24/06)