Murphy City Zoning Code
ARTICLE 30
04 OVERLAY AND SPECIAL DISTRICTS
§ 30.04.001 Use of overlay districts.
Overlay districts shall be used in conjunction with base zoning districts where it is appropriate to do so. In the use of the following overlay zoning classifications, the base district shall remain in effect as it is already in existence unless changed by zoning amendment and in accordance with the provisions of article 30.02, division 5 of this chapter. New base districts or changes in existing base districts may be requested at the same time overlay or special prefix districts are requested.
(2006 Code, sec. 86-581; Ordinance 04-05-610, sec. 34.1, adopted 5/17/04)
§ 30.04.031 General purpose and description.
(a)
The city council, after public hearing and proper notice to all parties affected and after recommendation from the planning and zoning commission, may authorize the creation of a planned development (PD) overlay district.
(b)
The planned development (PD) district is an overlay zoning district which accommodates planned associations of uses developed as integral land use units such as office parks, retail/commercial or service centers, shopping centers, residential developments having a mixture of housing options, or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. A planned development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this chapter, 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:
(1)
To provide for a superior design on lot/tracts or buildings;
(2)
To provide for increased recreation and open space opportunities for public use and enjoyment;
(3)
To provide amenities or features that would be of special benefit to the property users or to the overall community;
(4)
To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, viewscapes or wildlife habitats;
(5)
To protect or preserve existing historical buildings, structures, features or places;
(6)
To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and
(7)
To meet or exceed the standards of this chapter.
(c)
While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, procedures are established herein to ensure against misuse of increased flexibility.
(2006 Code, sec. 86-601; Ordinance 04-05-610, sec. 35.1, adopted 5/17/04)
§ 30.04.032 Permitted uses.
(a)
An application for a PD district shall specify the base zoning district upon which the planned development is based, and the use or the combination of uses proposed, including any of the proposed uses which are not allowed by right in the base zoning district. Planned development designations shall not be attached to special use permit requirements. Specific use permits allowed in a base zoning district are allowed in a planned development only if specifically identified as allowable by special use permit at the time of planned development approval, and if specifically cited as an “additional use” in the ordinance establishing the planned development. Any use that is not specifically cited as permitted, by right or by special use permit, in the applicable base zoning district or the planned development ordinance shall be prohibited unless the planned development ordinance is amended using the procedures set forth in this division and in article 30.02, division 5 of this chapter.
(b)
In the case of residential PD districts, the proposed lot/tract sizes shall be no smaller than the lot/tract sizes allowed in the base zoning district for each type of housing except for minor changes in a small percentage of the lot/tracts in order to provide improved design, or to provide flexibility in the layout of the subdivision or diversity in lot/tract size choices.
(2006 Code, sec. 86-602; Ordinance 04-05-610, sec. 35.2, adopted 5/17/04)
§ 30.04.033 Planned development requirements.
(a)
Any development requirements for a particular PD district that deviate from those of the base zoning district shall be set forth in the amending ordinance granting the PD district. These shall include, but may not be limited to: allowed or additional uses, density, lot/tract area, lot/tract width, lot/tract depth, yard depths and widths, building height and size, building exterior construction, lot/tract coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, property management associations, and other requirements as the city council and planning and zoning commission may deem appropriate.
(b)
In the PD district, uses and development standards shall conform to the standards and regulations of the base zoning district unless specifically stated otherwise in the planned development ordinance. The base zoning district shall be stated in the planned development granting ordinance. All applications to the city shall list all requested deviations from the standard requirements set forth throughout this chapter as applicable to each base zoning district; applications without this list will be considered incomplete. The PD district shall conform to all other regulations of the applicable base zoning district, as well as all other sections of this chapter, unless specifically changed or excluded in the ordinance establishing the planned development. A planned development that is based upon more than one base zoning district shall also include a legal (metes and bounds) description and graphic exhibit describing/showing the proposed boundaries of each respective area and its base zoning district (e.g., shown as “Proposed PD-SF-9,” “Proposed PD-NS,” etc.).
(c)
The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD district granted therein, as well as a general statement citing the reason for the planned development request.
(d)
No minimum land area is required for a PD district.
(2006 Code, sec. 86-603; Ordinance 04-05-610, sec. 35.3, adopted 5/17/04; Ordinance 18-02-1080 adopted 2/20/18)
§ 30.04.034 Submission of concept plan.
In establishing a planned development district in accordance with this division, the city council shall approve and file as part of the amending ordinance appropriate plans and standards for each PD district. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a concept plan shall be required along with the planned development zoning application. A construction plat may be submitted in lieu of the concept plan for a single-family or two-family planned development, as required by chapter 28 regarding subdivisions, if the applicant prefers to do so, and if the applicant wishes to expend the resources and funds necessary to prepare a complete construction plat submission.
(1)
Concept plan.
This plan shall be submitted by the applicant at the time of the planned development request. The concept plan is part of the zoning submission process and it is not to be considered a “permit” as that term is envisioned in V.T.C.A., Local Government Code ch. 245. The plan shall show the applicant’s intent for the use of the land within the proposed PD district in a graphic manner and, as may be required, supported by written documentation of proposals and standards for development. The city may prepare application forms that further describe and explain the following requirements:
(A)
Residential PD concept plan.
A concept plan shall be submitted with any residential planned development zoning request for a development comprised of single-family or two-family (duplex) dwellings on individually platted lot/tracts, and shall show general uses, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot/tract arrangements, proposed densities, proposed screening, landscaped or private amenity areas, project scheduling, and other pertinent development data. See chapter 28 regarding subdivisions for additional information on concept plan submission as it relates to the platting of land. For a single-family or two-family planned development (or portion of a planned development): A construction plat, as required by chapter 28 regarding subdivisions, shall be submitted for approval within one year from the approval date of the concept plan for all or some portion of the planned development covered by the overall planned development concept plan. If a construction plat is not submitted within one year, then the planned development concept plan may be subject to review by the planning and zoning commission and the city council to determine its continued validity. If the city determines that the planned development concept plan is no longer valid or that the proposed development is no longer viable, then a new planned development concept plan, including a zoning application to amend the planned development ordinance and its accompanying concept plan, must be submitted for review and approval prior to construction plat review/approval, and any subsequent issuance of a building permit, for any single-family or two-family portion of the PD district.
(B)
Nonresidential or multifamily planned development concept plan.
A concept plan shall be submitted with any nonresidential, multifamily, single-family attached, or manufactured housing planned development zoning request, and shall clearly show all pertinent aspects of the type and nature of the proposed development. The concept plan shall show the types of uses proposed; access, topography and boundaries of the planned development area; existing physical features of the site; existing and proposed streets, alleys, easements and lot/tract lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening and landscaped areas; project phasing and scheduling; and other pertinent development data to adequately describe the proposed development (see article 30.02, division 7 of this chapter for concept plan requirements and procedures). For a nonresidential, multifamily, single-family attached, or manufactured housing planned development (or portion of a planned development): A detailed site plan shall be submitted for approval (in accordance with subsection (2) of this section, and with article 30.02, division 7 of this chapter) within one year from the approval date of the concept plan for all or some portion of the planned development covered by the overall planned development concept plan. If a detailed site plan is not submitted within one year, then the planned development concept plan may be subject to review by the planning and zoning commission and the city council to determine its continued validity. If the city determines that the planned development concept plan is no longer valid or that the proposed development is no longer viable, then a new planned development concept plan, including a zoning application to amend the planned development ordinance and its accompanying concept plan, must be submitted for review and approval prior to detailed site plan review/approval, and any subsequent issuance of a building permit, for any nonresidential, multifamily, single-family attached, or manufactured housing portion of the planned development district.
(2)
Planned development site plan (detailed).
(A)
Submission and approval.
Submission and approval of the detailed planned development site plan shall be in accordance with article 30.02, division 7 of this chapter, and shall accompany an application for a nonresidential, multifamily, single-family attached, or manufactured housing planned development zoning if the applicant prefers to submit the detailed site plan in lieu of the required planned development concept plan. The detailed planned development site plan will establish the final plans for development of the planned development district (or any portion thereof), and it shall substantially conform to the site layout and development data approved on the planned development concept plan, which shall be adopted along with the planned development ordinance. If a planned development concept plan was previously approved for the overall PD district, then a detailed planned development site plan, along with the required engineering/architectural site construction plans and construction plat, may be submitted for only the sections or lot/tracts that are proposed for immediate development rather than for the entire planned development. If no concept plan was approved with the ordinance establishing the planned development, then a concept plan for the entire planned development must be submitted and approved prior to approval of a detailed site plan, along with the required engineering/architectural site construction plans and construction plat, for only the portion[s] of the planned development that are proposed for immediate development. For any single-family or two-family residential district (A [AG], SF-E, SF-20, SF-15, SF-11, SF-9 or SF-PH), a construction plat shall qualify as the site plan.
(2006 Code, sec. 86-604; Ordinance 04-05-610, sec. 35.4, adopted 5/17/04)
§ 30.04.035 Approval process and procedures.
(a)
The procedure for establishing a planned development zoning district shall follow the procedures for zoning amendments as set forth in article 30.02, division 5 of this chapter. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the concept plan that is submitted along with the planned development zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the planned development zoning request shall also include the accompanying concept plan, and if the planned development is approved then the concept plan shall become a part of the ordinance establishing the PD district.
(2006 Code, sec. 86-605; Ordinance 04-05-610, sec. 35.5, adopted 5/17/04)
§ 30.04.036 Report required for planned development district zoning request.
When a zoning request for a planned development district is being considered, a written report from the city manager, or his designee, discussing the project’s impact upon planning, engineering, water utilities, electric, sanitation, building inspection, tax, police, fire and traffic, as well as written comments from applicable public agencies, such as the applicable school district and/or utility companies, may be submitted to the planning and zoning commission prior to the commission making any recommendations to the city council. In the event written comments and advisement are not forthcoming in a reasonable amount of time, the planning and zoning commission may, at its discretion, make a recommendation to the city council without said comments or advisement.
(2006 Code, sec. 86-606; Ordinance 04-05-610, sec. 35.6, adopted 5/17/04)
§ 30.04.037 Prefix of planned development districts.
All planned development zoning districts approved in accordance with the provisions of this chapter, as may be amended, shall be prefixed by a “PD” designation and assigned a unique identification number (e.g., PD-1, PD-2, PD-3, and so on), and shall also be referenced on the zoning district map. A list of such planned development districts, showing the uses permitted and any other special stipulations of each PD district, shall be maintained as part of this chapter.
(2006 Code, sec. 86-607; Ordinance 04-05-610, sec. 35.7, adopted 5/17/04)
§ 30.04.038 Prior planned development ordinances remaining in effect.
Prior to adoption of this chapter, the city council previously established certain planned development districts, some of which are to be continued in full force and effect. The ordinances or parts of ordinances approved prior to this chapter, specified in appendix A-2 [not printed herein, but available for public inspection at the city offices], shall be carried forth in full force and effect and are the conditions, restrictions, regulations and requirements which apply to the respective planned development districts shown on the zoning district map as May 27, 2004.
Each prior planned development ordinance is hereby assigned a unique identification number (e.g., PD-1, PD-2, PD-3, and so on) as shown in appendix A-2, and subsequent planned development ordinances adopted after May 27, 2004, shall be similarly numbered for identification purposes.
(2006 Code, sec. 86-608; Ordinance 04-05-610, sec. 35.8, adopted 5/17/04)