The purpose of this article is to provide for the creation of planned development zoning districts. These districts are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts. The planned development (PD) district is intended to implement the goals and objectives of the city's comprehensive plan. It is also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes:

(1)

Provides for a superior design of lots or buildings.

(2)

Provides for increased recreation and/or open space opportunities for public use.

(3)

Provides amenities or features that would be of special benefit to the property users or community.

(4)

Protects or preserves natural amenities and environmental assets such as trees, creeks, ponds, floodplains, and slopes or hills.

(5)

Protects or preserves existing historical buildings, structures, features or places.

(6)

Provides an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services.

(7)

Implements the goals and objectives of the comprehensive plan better than would standard zoning districts.

(Ord. No. 1130, art. VIII, § 3.1.A, 11-3-1998)

There are three types of plans that may be used in the planned development process. The general purpose and use of each plan is described as follows:

(1)

Concept plan. This plan is intended to be used as the first step in the planned development process. It establishes the most general guidelines for the district by identifying the land uses and intensities, thoroughfare locations, open space and project boundaries and illustrates the integration of these elements into a master plan for the whole district.

(2)

Development plan. This plan is intended to be used most often as the second step of the planned development process. The development plan contains all the information of a concept plan, but includes more detailed information as to the specific land uses and their boundaries. The purposes of a development plan are to ensure that the development project proceeds in orderly fashion consistent with the approved concept plan and to ensure that the standards applicable within the district are met for each phase of the project. A development plan may also be used to establish the district.

(3)

Planned development site plan. The planned development site plan is the final step of the planned development process. The purposes of a planned development site plan are to ensure that the development of individual building lots, parcels or tracts within a project are consistent with the approved development plans and to ensure that the standards applicable within the district are met for each individual building site.

(Ord. No. 1130, art. VIII, § 3.1.B, 11-3-1998)

Approval of concept plans and development plans are considered amendments to this chapter. The provisions of V.T.C.A., Local Government Code ch. 211 relating to notices, public hearings, and written protests for changes in zoning districts or regulations shall apply to requests for approval or amendment of concept plans and development plans.

(Ord. No. 1130, art. VIII, § 3.1.C, 11-3-1998)

No development shall begin and no building permit shall be issued for any land within a planned development district until a planned development site plan that is consistent with the concept plan and the development plan for the tract has been approved. All districts shall be developed, used and maintained in compliance with the approved planned development site plan for the district. Compliance with standards and conditions set forth in the ordinance establishing the district, the ordinance approving the development plan and attached to the planned development site plan shall be construed as conditions precedent to granting of a certificate of occupancy.

(Ord. No. 1130, art. VIII, § 3.1.D, 11-3-1998)

Any use or combination of uses approved by the city council may be permitted within a planned development district. However, no land use may be authorized which is not generally consistent with the land use element of the city's comprehensive plan. The uses to be permitted in any specific planned development district shall be enumerated in the ordinance that establishes the district.

(Ord. No. 1130, art. VIII, § 3.1.E, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

Amendment of planned development district standards and plans shall be in accordance with subsection 118-392(d). The board of adjustment may not grant a variance or special exception within a planned development district.

(Ord. No. 1130, art. VIII, § 3.1.F, 11-3-1998)

(a)

Establishment of district. Procedures for establishment of a planned development district are as follows:

(1)

Zoning amendment. An application for establishment of a planned development district shall be made to the planning and zoning commission and shall be considered an application for a zoning amendment pursuant to subdivision II of division 4 of article II of this chapter.

(2)

Concept plan. An application for establishment of a planned development district shall be accompanied by a concept plan or, at the applicant's option, a development plan, which shall be processed simultaneously with the zoning amendment application. If the zoning amendment application is approved, the concept plan or development plan shall be incorporated within such amendment. Where establishment of the district is to be based on a development plan, in addition to the considerations for establishment of the district in this subsection, the development plan must meet the criteria specified in subsection (a)(5) of this section and must include the elements set forth in subsection (b) of this section.

a.

Concept plan graphics. The concept plan shall graphically depict the following elements at a scale of 1″=100′:

1.

The configuration of proposed and existing land uses by category for each tract or subarea to be developed.

2.

Proposed density by type of residential uses, including maximum numbers of dwelling units for the project.

3.

Proposed total floor area or floor area ratios by category of nonresidential land uses.

4.

Proposed open space.

5.

Proposed and existing thoroughfares, boulevards and large streets.

6.

Land uses by zoning district, together with existing and planned thoroughfare extensions, for adjoining land.

b.

Informational statement. The concept plan shall be accompanied by an informational statement containing the following:

1.

A general statement setting forth how the proposed district will relate to the adopted comprehensive plan elements and the degree to which it is or is not consistent with that plan.

2.

The total acreage within the proposed district.

3.

If the project is to be developed in phases, a proposed phasing plan that identifies the general sequence of development and a time schedule including the general sequence for installation of major capital improvements to serve the development.

4.

A metes and bounds description shown on the boundaries of the plan map.

The informational statement shall not be considered part of the concept plan or the ordinance establishing the district. The property owner shall update the phasing plan from time to time, but in any event concurrent with any change to the concept plan and with each development plan submitted.

c.

Complete application. No application for establishment of a planned development district shall be deemed to be filed with the city until the concept plan or development plan has been determined to be complete by the city planner.

(3)

Planning and zoning commission recommendation. The planning and zoning commission, after the required notice and public hearing procedures, shall formulate its recommendation with respect to establishment of the district, including any conditions to be applied. The recommendation of the commission shall be forwarded to the city council for decision.

(4)

City council decision. Following receipt of the planning and zoning commission's recommendation, the city council shall conduct a public hearing and shall approve, approve with conditions, or deny the application for establishment of the planned development district.

(5)

Approval criteria for planned development district. Based upon the concept plan or development plan, the planning and zoning commission in making its recommendations to the city council, and the city council, in determining whether the planned development district should be established, shall consider whether the following criteria have been met:

a.

The plan of development is generally consistent with the future land use policies and map in the adopted comprehensive plan.

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 adopted thoroughfare plan.

d.

Proposed uses and development densities and intensities are consistent with the purposes and standards of the planned development district regulations.

e.

The proposed plan for development furthers the public health, safety and general welfare of the community.

(6)

Conditions. The planning and zoning commission may recommend and the city council may require such conditions and modifications of the concept plan or development plan, where applicable, such as are reasonably necessary to ensure that the approval criteria are met, including but not limited to conditions related to the extent of the property for which the concept plan is proposed, the size of the project, and the timing of development within the district.

(7)

Adopting ordinance. The ordinance establishing a planned development district shall incorporate a concept plan or development plan, which shall be attached as an exhibit to the ordinance, and shall set forth the following:

a.

A statement as to the purpose and intent of the district.

b.

The uses authorized for each tract or subarea in the district, by use category, the location of such uses, and the residential densities and nonresidential intensities associated with phases of the project, in conformance with the approved concept plan or development plan.

c.

The conditions applicable to development within the district, as established by the city council.

The graphic depiction of these features on the incorporated concept plan or development plan shall be considered as regulatory standards applicable within the district. Change or modification to such features shall be in accordance with the procedures in subsection (d) of this section.

(b)

Development plans. Procedures for development plans are as follows:

(1)

Following establishment of a planned development district. If a district is established based upon a concept plan, the city council may thereafter approve by ordinance a development plan for all or part of the district, a copy of which shall also be attached to the ordinance creating the district. Approval of the development plan shall be in accordance with procedures for amending this chapter and shall be considered as an amendment to the planned development district that supplies additional standards and conditions which must be met prior to approval of a detailed planned development site plan and prior to approval of any building permit or certificate of occupancy within that part of the district subject to the development plan.

(2)

Substitution for concept plan. The developer may submit a development plan in substitution for a concept plan in conjunction with an application for establishment of the planned development district. In such a case, approval of the development plan shall be in accordance with the criteria set forth in subsection (a)(5) of this section for establishment of the planned development district, subject to the additional standards in this article. A development plan may be prepared and submitted for the entire development at one time or for individual phases of development.

(3)

Submittal requirements for development plan. Submittal requirements for the development plan shall be as follows:

a.

Graphic elements. The development plan shall include the following information:

1.

Site boundaries and dimensions, lot lines, site acreage and square footage, and approximate distance to the nearest cross streets.

2.

Location map, north arrow, title block and site data summary table.

3.

The boundaries of the different land uses and the boundary dimensions.

4.

Preliminary building locations and footprints.

5.

Preliminary elevations and perspectives to show the relationship of building heights to surrounding topography.

6.

Drainageways, creeks, and limits of the 100-year floodplain and floodway as shown on current Federal Emergency Management Agency mapping or the city's adopted master drainage plan, including location and acreage, together with a general plan for accommodating floodwaters and drainage.

7.

Proposed and existing land uses and zoning classifications on adjacent properties.

8.

Proposed parking areas and structures for multifamily and nonresidential uses, including areas for off-site parking.

9.

Proposed buffers from existing uses.

10.

A general plan for circulation of traffic and pedestrians within and external to the development, including designated points of access.

11.

Any amenities proposed for purposes of achieving density or intensity bonuses.

b.

Informational statement. The development plan shall be accompanied by an informational statement containing the following:

1.

Name and address of the landowner and date of preparation of the plan.

2.

Name and address of architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan.

3.

A table listing the specific permitted uses proposed for the property, or specific areas of the property, as appropriate.

4.

Development standards for each proposed land use, as follows:

i.

Minimum lot area.

ii.

Minimum lot width and depth.

iii.

Minimum front, side, and rear yard areas.

iv.

Maximum height of buildings.

v.

Minimum parking standards for each general multifamily and nonresidential land use if they vary from the provisions of division 2 of article VI of this chapter.

5.

A detailed description of how open space requirements will be satisfied for the phase of development represented by the development plan, including any proposed dedications of open space to the public or a private maintenance organization.

6.

If the development plan is a phase of the project authorized by the concept plan, depiction of the area subject to the development in relation to subsequent phases of the development the current phasing plan, together with any proposed changes to updates of the current phasing plan that was submitted with the concept plan as part of the applicant's original informational statement.

(4)

Planning and zoning commission recommendation. Upon determination by the city planner that the application for the development plan is complete, the planning and zoning commission shall determine whether the development plan is in accordance with the approved concept plan, the standards set forth in the ordinance establishing the planned development district, and with the standards generally applicable to development plans. The commission, following notice and a public hearing, shall make its recommendations to the city council for approval, approval with modifications, or disapproval of the development plan.

(5)

City council decision. Upon receipt of the planning and zoning commission's recommendation, and following a public hearing thereon, the city council shall approve, approve with modifications or disapprove the development plan.

(6)

Approval standards. The planning and zoning commission, in making its recommendations to the city council, and the city council, in acting upon the development plan, shall determine whether the plan meets the following general standards for the phase of the project to which the development plan is applicable:

a.

The development plan generally is consistent with the approved concept plan and the standards and conditions set forth in the adopting ordinance.

b.

The plan provides for a compatible arrangement of buildings and land uses within the project.

c.

The general plan for traffic circulation and pedestrians provides for adequate and safe circulation inside and external to the development, consistent with the adopted thoroughfare plan.

d.

The general plan for accommodation of floodwaters and drainage is adequate.

e.

The plan does not adversely affect adjoining neighborhoods or properties outside the plan, taking into consideration proposed buffers.

f.

The amenities proposed in the development plan application, if any, are sufficient to justify increased densities or intensities on the site.

g.

The sequence of development and timing of the phases are consistent with the overall phasing of capital facilities intended to serve the site and with the city's overall growth.

(7)

Conditions. The planning and zoning commission may recommend and the city council may require such conditions and modifications of the development plan as are reasonably necessary to ensure that the approval criteria are met.

(8)

Approving ordinance. The ordinance approving the development plan shall set forth the following standards. The concept plan or development plan shall be incorporated as an exhibit to the ordinance:

a.

A table of the specific land uses permitted in the area subject to the development plan, together with a description of the tracts or subareas to which such uses are restricted;

b.

The residential densities and nonresidential intensities of each permitted land use;

c.

A table showing the dimensions of each permitted land use, including the following information:

1.

Minimum lot area;

2.

Minimum lot width and depth;

3.

Minimum front, side, and rear yard areas;

4.

Maximum height of buildings;

5.

Minimum parking standards for each general multifamily and nonresidential land use;

d.

A description of the elements of the general circulation plan to serve the development;

e.

Provisions governing amenities, if any, to serve the area subject to the development plan; and

f.

Such additional conditions as are applicable to development within the area subject to the development plan, as established by the city council.

(c)

Planned development site plans. Procedures for planned development site plans are as follows:

(1)

Delegation to planning and zoning commission and city planner. The planning and zoning commission is delegated the authority to approve or deny a planned development site plan or the amendment of a planned development site plan for property for which a development plan has been approved by the city council, except for landscaping matters under subsection (c)(2)f of this section which are delegated to the city planner.

(2)

Submittal requirements. The following information shall be submitted with the application for planned development site plan approval:

a.

Size. Required site plans shall be prepared on a standard sheet size of 30″ x 42″ or 24″ x 36″, and at an engineering scale of 1″ = 50′ or larger. Required site plans shall be prepared by registered engineer, architect or landscape architect. The required site plan may be submitted on one or more sheets.

b.

General information required.

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.

Accurate survey of the boundaries 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 nonresidential buildings. The commission may require elevations and perspective drawings.

4.

Proposed density of each use.

5.

Proposed location of screening along the collector roadways shown on the thoroughfare plan.

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; and

6.

Location of any special traffic regulation facilities.

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;

6.

Proposed lighting diagram is required if not in accordance with division 2 of article VI pertaining to parking and loading standards; and

7.

Location and type of trash receptacle screening.

f.

Landscaping.

1.

Location and size of proposed plant materials to be used for street tree planting or screening against adjacent single-family residential property.

2.

Number and type of each landscape element.

3.

Height and type of all fencing or buffering.

4.

Location of visibility triangles where required.

g.

All items submitted as part of the development plan approval, but in final form and meeting all applicable city ordinances.

h.

The acreage in the plan and metes and bounds description shown on the plan, as certified by a registered surveyor.

i.

Accurate outlines of proposed dedications and reservations of land for public or common use, including but not limited to rights-of-way, easements, parkland, open space, drainageways, floodplains, and facility sites.

j.

Any other features necessary to satisfy conditions stated in the ordinance approving the development plan.

k.

All proposed signage within the development including ground, wall, temporary and directional signage.

(3)

Decision by planning and zoning commission. The city planner shall review the planned development site plan application for completeness. Thereafter, the planning and zoning commission shall approve, approve subject to modification or deny the planned development site plan.

(4)

Approval criteria. The planning and zoning commission in approving, conditionally approving or denying a planned development site plan shall consider the following criteria:

a.

The plan complies with the development plan approved for that portion of the planned development district;

b.

The plan complies with all standards and conditions set forth in the ordinance approving the development plan;

c.

Unless modified by the ordinance approving the development plan, the plan complies with the following additional standards generally applicable to development within the city, as set forth in this chapter:

1.

Performance standards as set forth in article VII of this chapter pertaining to performance standards; and

2.

Setback, landscaping and off-street parking and loading standards;

d.

The plan provides for appropriate ingress and egress points for access, parking and loading, including existing and proposed ingress/egress/access easements, queuing and internal circulation;

e.

The plan provides for fire safety and adequate measures for fire control and dealing with fire or explosive hazard; and

f.

The plan provides for adequate utilities, roads, drainage, and other infrastructure, as required by the city's subdivision regulations.

(5)

Conditions. The planning and zoning commission, or the city council on appeal, may establish such conditions and may require such modifications to ensure that the planned development site plan is consistent with the approved development plan and the approval criteria set forth in this section.

(6)

Appeal from planning and zoning commission action. If the planning and zoning commission disapproves a planned development site plan, or imposes conditions, the applicant may appeal the decision to the city council by filing a written request with the city secretary within ten days of the decision.

(7)

Appeal from planning director. If the city planner disapproves landscaping in a PD site plan, or imposes conditions, the applicant may appeal the decision to the zoning board of adjustment by filing a written request with the city secretary within ten days of the decision.

(d)

Amendment of plans. Procedures for amendment of plans shall be as follows:

(1)

Concept and development plans. Any changes to the standards or conditions in the ordinance establishing the planned development district or the regulatory standards depicted on the concept plan, and any changes to the standards or conditions in the ordinance approving the development plan or the regulatory standards depicted on the development plan, require enactment of an amendatory ordinance pursuant to the procedure for changing zoning districts.

(2)

Planned development site plans. Upon request of the applicant, the city planner may authorize minor amendments, correct errors, or correct omissions to a planned development site plan so long as such minor amendments do not necessitate a change to the ordinance establishing the planned development district or the regulatory standards depicted on the concept plan, or a change to the standards or conditions in the ordinance approving the development plan or the regulatory standards depicted on the development plan.

(Ord. No. 1130, art. VIII, § 3.2, 11-3-1998; Ord. No. 1490-5-08, 5-6-2008; Ord. No. 1535-11-09, § 3, 11-17-2009)

(a)

Failure to submit development plan. A development plan shall be submitted for approval within three years from establishment of the planned development district for a portion or all of the area within the district, unless otherwise provided by the ordinance establishing the district. If a development plan for all or a portion of the project is not submitted within such period, the authority to submit such development plan shall lapse pending action by the city council, and the planning and zoning commission or the city council may institute proceedings to determine whether the land should be rezoned. In such event, the planning and zoning commission shall deliver its recommendation, with a copy to the owner of the affected land, to the city council, who shall conduct a public hearing on such recommendation and shall determine what action is to be taken with respect to the planned development district and whether to revoke or reinstate the developer's authorization to submit development plans.

(b)

Failure to submit planned development site plan. A planned development site plan shall be submitted for approval within four years from approval of the applicable development plan. If a planned development site plan is not submitted within such period, the authorization to submit such planned development site plan shall lapse pending action by the city council, and the planning and zoning commission or the city council may institute proceedings to determine whether the development plan for the property should be modified or the property subject to the development plan should be rezoned, and whether to revoke or reinstate the developer's authorization to submit a site plan.

(c)

Expiration of planned development site plan. For any planned development site plan approved in accordance with this article, if a building permit has not been obtained within two years following such approval for a use authorized thereunder, the site plan shall automatically expire and no longer be valid.

(d)

Extension of planned development site plan. The planning and zoning commission may, prior to expiration of a planned development site plan, for good cause shown and upon written application submitted prior to expiration of the planned development site plan, extend the time for which the planned development site plan is valid. The request for extension shall be considered by the planning and zoning commission in the same manner as for approval of the planned development site plan, and the planning and zoning commission may attach additional conditions to the extension of the plan. If no extension is granted, the planning and zoning commission or city council may institute proceedings in order to determine what actions should be taken with respect to the development plan in the manner provided in subsection (b) of this section.

(e)

Project review. If the city council finds that conditions imposed on development of the project have not been timely fulfilled, or for any other reasons related to reasonable exercise of the powers conferred by V.T.C.A., Local Government Code ch. 211 or successor statute that zoning for the planned development district should be reexamined, the city council may initiate review of the district in order to determine whether the authorized uses, standards and conditions applicable to development within the district should be changed for part or all of the undeveloped land within the district. If the city council makes such determination, it shall refer the matter to the planning and zoning commission for its recommendation and thereafter shall take appropriate action to modify the uses, standards or conditions applicable to development within the district in accordance with procedures applicable to zoning amendments.

(Ord. No. 1130, art. VIII, § 3.3, 11-3-1998; Ord. No. 1535-11-09, § 3, 11-17-2009)

(a)

Site plans. For any planned development district established under prior planned development regulations, for which at least one site plan has been approved pursuant to such regulations, the sections of this article and subdivision II of division 4 of article II of this chapter shall not apply, except that procedures related to approval of site plans pursuant to subsection 118-392(c)(4) and provisions relating to expiration and extension of site plans pursuant to subsections 118-393(c) and (d) shall apply to any complete application for site plan approval filed more than 30 days after the effective date of the amended planned development regulations in this article and subdivision II of division 4 of article II of this chapter.

(b)

District amendments. Any amendments to a concept or development plan, or to the ordinance establishing the planned development district, approved under prior planned development regulations which are proposed after the effective date of the amended planned development regulations in this article and subdivision II of division 4 of article II of this chapter shall be subject to the procedures for approval stated in this article and subdivision II of division 4 of article II of this chapter.

(Ord. No. 1130, art. VIII, § 3.4, 11-3-1998)