This ordinance [Article 16.7] amends the comprehensive zoning ordinance of the City of Nassau Bay, Texas, by adding the new land use district of Planned Unit Development (PUD) to those listed in article 4 of the zoning ordinance, and may require the procedures of a zoning change, and requiring a PUD master plan review and approval by the planning commission and by city council in public hearings. Construction in a PUD must meet the standards contained in the effective City of Nassau Bay Building Code.

The city's land uses are typically identified by fixed zoning categories as described in appendix A of the City Code. Any project that meets the requirements of a specific zoning category does not need further zoning-related action by the planning commission or by city council before a permit may be issued. The exception to the fixed zoning category is a land use authorized by special use permits which modifies the requirements of a fixed zoning category.

The PUD zoning category is different. It exists as an overlay on the fixed categories and may legislatively suspend the requirements of the fixed categories without the need to amend the ordinance provisions for the fixed zones. The area limits of a PUD are described in the PUD master plan and may include one or several fixed categories. By its very nature, a PUD is not intended to be a category that one may seek as a matter of right. A PUD will exist only at the discretion of the city, once the land uses have been negotiated and determined by the developer, planning commission and city council. Elements of the negotiated terms will be documented in the PUD master plan. There may be additional accompanying requirements, such as, but not limited to, setbacks, density, height, or landscaping, if deemed desirable by the city and if it is in the public's best interest as determined by the city.

Refusal to consider a PUD for any tract or tracts shall not be a denial of a right of the applicant, for no one has a right to a PUD treatment. Such refusal means that the existing fixed zoning categories remain in full force and effect and must be met unless the ordinance is amended to permit the use or treatment sought.

(Ord. No. 2002-557, § II, 12-9-02)

Each PUD district is a unique and flexible land use district that may include multiple land uses horizontally and vertically. The controlling document for a PUD is the PUD master plan. Implementation of the PUD master plan may be phased. Any major change to the PUD master plan needs to be reviewed and approved by the planning commission and by city council in public hearings.

(Ord. No. 2002-557, § III, 12-9-02)

Proper private development and redevelopment of any part of the city require a flexible approach to be available both to the city and to the landowner. The PUD is intended to encourage mixed uses, allow a more flexible response to the market, encourage innovative subdivision or site plan design, and promote superior development which is compatible with adjacent land uses. The City of Nassau Bay may identify areas in the city's comprehensive planning document that could benefit by flexible development. The city encourages landowners to apply for a zoning change in these areas to a PUD.

(Ord. No. 2002-557, § IV, 12-9-02)

Editor's note— Ord. No. O2013-712, Exh. B, adopted Aug. 12, 2013, deleted § 16.7-310, which pertained to amendment to zoning ordinance required for approval of PUD and derived from Ord. No. 2002-557, § V, adopted Dec. 9, 2002.

(a)

The designation of a PUD district is an amendment to the zoning ordinance and shall meet all the requirements of an application for rezoning.

(b)

The PUD master plan, which is submitted by the developer and approved by the city council and supporting documents shall form part of the ordinances and be attached as exhibits thereto. Detailed requirements for a PUD master plan are defined in section B-700 of the Appendix B—Application submittal.

(c)

The city council may approve a PUD master plan as submitted, amend and approve the plan as amended, or disapprove the plan.

(d)

Prior to formal consideration of a plan for a PUD, the planning commission and city council shall hold public hearings at which parties or interested citizens shall have an opportunity to be heard in the same manner as required for a rezoning application.

(e)

Three (3) copies of the approved PUD master plan, together with supporting documents, shall be submitted to the building official for use prior to issuing building permits.

(Ord. No. O2016-751, § 1, 12-12-16)

Editor's note— Prior to the reenactment of section 16.7-320 by Ord. No. O2016-751, § 1, adopted December 12, 2016, Ord. No. O2013-712, Exh. B, adopted August 12, 2013, repealed the former section 16.7-320 in its entirety, which pertained to designation of a PUD district and derived from Ord. No. 2002-557, § VI, adopted December 9, 2002.

Before approving a PUD, the city council shall determine that it meets the following goals and objectives:

(a)

The development in the proposed PUD is equal to or superior to development that would occur under the standard ordinance requirements. The overall quality of development within a PUD, compared to the quality of development under the standard ordinance requirements, together with its integration of the PUD with adjacent land uses, shall be the prime determinants of whether or not a PUD is approved.

(b)

A PUD shall be in harmony with the general purposes, goals, objectives, and standards of the city's comprehensive planning document.

(c)

A PUD shall not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities, or any other matters affecting the public health, safety, and general welfare.

(d)

A PUD shall be adequately served by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities.

(e)

The developer shall participate in the negotiated cost of upgrading any part of any infrastructure if existing conditions are inadequate.

(f)

A PUD shall be constructed, arranged, and maintained so as not to dominate, by architecture, scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district.

(Ord. No. 2002-557, § VII, 12-9-02)

A PUD may be utilized for any type of land use, provided all uses are designed to be compatible with adjacent uses and the city's comprehensive planning document.

(Ord. No. 2002-557, § VIII, 12-9-02)

When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from certain city codes and ordinances. The adoption of an ordinance approving a PUD shall constitute authority for such flexible planning to the extent that the PUD, as approved, departs from city codes and ordinances.

(Ord. No. 2002-557, § IX, 12-9-02)

If a developer considers the construction of a PUD in phases, the PUD master plan shall present the totality of the project as envisioned for all phases. Each phase shall be properly identified as to location and scope. A phased PUD master plan shall be approved "in concept only" by the planning commission and by city council at the time of the original submittal. If the concept of any subsequent phase should change, the revised PUD master plan shall be resubmitted for review and approval by the planning commission and by city council.

(a)

If development of the PUD is to occur in phases, then a schedule shall be submitted as part of the PUD master plan. The schedule shall indicate the timing, land uses, and density of each phase.

(b)

All lands to be dedicated for public park land, public use, or school site purposes shall be dedicated in the first phase of development, or a schedule outlining when such dedications are to be made, shall form part of the PUD master plan.

(c)

Fiscal assurances for all park, roadway, and utility construction shall be provided, to the satisfaction of the city manager, prior to the approval of the PUD master plan.

(Ord. No. 2002-557, § X 12-9-02)

(a)

Development within a PUD must comply with all other applicable ordinances not specifically waived by the PUD.

(b)

Where a PUD creates any common property, a property owners' association and maintenance fund shall be established for the PUD to assure the continued maintenance of common property within the development. The association shall be legally incorporated prior to the approval of the first plat within the PUD or the issuance of the first building permit, whichever first occurs.

(c)

A PUD shall not waive any basic health or safety standards.

(d)

Where parking is waived for a PUD due to a specific targeted market (i.e., senior citizens housing), an overlay to the PUD master plan shall be provided to show how full parking could be accommodated if conditions change in the future, and a method established to accommodate such changes. Parking shall be sufficient for each approved phase of the PUD master plan and shall consider the needs of each land use category included in the project.

(e)

All utility lines and drainage facilities shall meet all city standards, and a maintenance fund shall be established to assure the continued maintenance of all private utility lines and drainage facilities.

(Ord. No. 2002-557, § XI, 12-9-02)

(a)

Size. There is no minimum or maximum size for a PUD; however, a PUD must consist of a parcel or group of parcels which form a single contiguous land unit. For this purpose, an ownership separated solely by the width of public or utility rights-of-way will be considered contiguous.

(b)

Height. The height limitation for structures within a PUD shall be designated to assure compatibility with adjacent developments and other portions of the PUD. If the height of a structure is intended to increase the density in the PUD, adequate considerations need to be given to solve for infrastructure problems such as sufficient water and sewer capacity, traffic congestion, and parking.

(c)

Area. An individual lot for each structure is not required; however, individual lots may be provided at the developer's option. There is no minimum area requirement for lots, and lot boundaries may coincide with structure boundaries, provided that all utilities can be provided, and proper buffering between different land use categories are incorporated in the PUD master plan. Buffering may be required both horizontally and vertically.

(d)

Access.

(1)

Streets within a PUD may be public and/or private. The city may require dedication of rights-of-way and construction of public streets through or into the PUD.

(2)

While street width design criteria may be waived, private roads shall be built to the same construction standards as public streets.

(3)

Where access to individual lots within a PUD is via a common parking lot, a maintenance agreement and a maintenance fund shall be provided to assure the continued maintenance of access drives and parking.

(4)

All pavement widths and curve radii, for both public and private streets, shall be designed to assure adequate access by fire and emergency vehicles.

(5)

Separation of local traffic from PUD generated traffic is encouraged as much as possible to promote traffic flow. Retail and service land uses in a PUD shall be readily accessible from existing residential areas of the city.

(e)

Minimum lot sizes.

(1)

Minimum lot sizes as required by the subdivision and zoning ordinances may be waived provided:

The overall base density of the PUD shall be consistent with the capabilities of the city's infrastructure, the comprehensive planning document, available parking, and acceptable vehicular traffic;

(2)

The PUD provides for adequate buffers, architecture and the restriction of building massing to assure compatibility with adjacent development and other buildings within the PUD; and

(3)

The PUD preserves significant natural features on the site.

(f)

Maximum density. The maximum density of a PUD shall be determined by the comprehensive plan, physical limits of the city's infrastructure, acceptable increase in vehicular traffic, percentage of open space, and/or compatibility with adjoining developments and community standards.

(Ord. No. 2002-557, § XII, 12-9-02)

(a)

Applications shall be submitted in accordance with article 6 of the zoning ordinance.

(b)

Pre-application conferences. Prior to filing an application for PUD approval, the prospective applicant shall request a pre-application conference with the city manager. At the conference, the general outline of the PUD proposal, evidenced schematically by sketch plans, shall be presented by the applicant.

The applicant may also request pre-application reviews or workshops with the planning commission to allow the applicant and city to iterate on the parameters contained within the proposed PUD, prior to the formal application. Such reviews and workshops with the planning commission shall be open to the public in accordance with section 7-300 of this appendix and notice of the meetings shall be given in accordance with subsection 7-200(c). There is no limit to the number of pre-application reviews or workshops with the planning commission prior to the formal application.

In addition to these standard notices of these meetings, the city shall endeavor to place notices of these meetings in any one or all of the following: (1) the city website, (2) public service television channel, (3) city newsletter, (4) city marquee sign. These notices shall provide a description of the proposed PUD and its planned location.

(c)

Application for PUD approval by the planning commission shall be in accordance with section 7-200 of this appendix and by the city council in accordance with article 8 of this appendix.

(d)

Fee payment for PUD applications. Fee payment shall be as scheduled by the effective city ordinance or resolution.

(Ord. No. O2016-751, § 2, 12-12-16)

Editor's note— Prior to the reenactment of section 16.7-800 by Ord. No. O2016-751, § 2, adopted December 12, 2016, Ord. No. O2013-712, Exh. B, adopted August 12, 2013, repealed the former section 16.7-800 in its entirety, which pertained to procedures and derived from Ord. No. 2002-557, § XIII, adopted December 9, 2002.

Editor's note— Ord. No. O2013-712, Exh. B, adopted Aug. 12, 2013, deleted § 16.7-810, which pertained to PUD master plan and derived from Ord. No. 2002-557, § XIV, adopted Dec. 9, 2002.

(a)

Minor changes. After an approval by city council, minor alterations (as determined by the city staff) to the development PUD master plan required by engineering or other circumstances that do not substantially change the concept of the PUD, may be approved by the city manager.

(b)

Major changes. Major changes (as determined by the city staff) in fact or in concept shall be resubmitted following the same procedure required as in the original PUD application. Such changes include modifications prior to, during construction, or after construction.

(c)

Notification of determination. The city staff will inform the mayor and chairman of the planning commission within two (2) business days of its determination of the category of the proposed changes. The mayor and chairman of the planning commission (or their designees) will respond if they disagree with the categorization within three (3) business days.

(Ord. No. O2016-751, § 3, 12-12-16)

Editor's note— Prior to the reenactment of section 16.7-820 by Ord. No. O2016-751, § 3, adopted December 12, 2016, Ord. No. O2013-712, Exh. B, adopted August 12, 2013, deleted the former section 16.7-820 in its entirety, which pertained to changes to a PUD master plan and derived from Ord. No. 2002-557, § XV, adopted December 9, 2002.

Platting will be determined by the proposed PUD master plan. The PUD master plan must be approved prior to or simultaneously with the approval of any plat. All land in a PUD must be platted in accordance with the subdivision ordinance of the city.

(Ord. No. O2016-751, § 4, 12-12-16)

Editor's note— Prior to the reenactment of section 16.7-830 by Ord. No. O2016-751, § 4, adopted December 12, 2016, Ord. No. O2013-712, Exh. B, adopted August 12, 2013, deleted the former section 16.7-830 in its entirety, which pertained to platting and derived from Ord. No. 2002-557, § XVI, adopted December 9, 2002.

The PUD agreement and PUD master plan shall be recorded in the official deed records of the county. The recording costs shall be paid by the applicant.

(Ord. No. O2016-751, § 5, 12-12-16)

Editor's note— Prior to the reenactment of section 16.7-840 by Ord. No. O2016-751, § 5, adopted December 12, 2016, Ord. No. O2013-712, Exh. B, adopted August 12, 2013, deleted the former section 16.7-840 in its entirety, which pertained to recording a PUD and derived from Ord. No. 2002-557, § XVII, adopted December 9, 2002.