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Navasota City Zoning Code

ARTICLE XVII

PLANNED UNIT DEVELOPMENT PUD

§ 17.1 PERMITTED USES.

A. 
The Planned Unit Development (PUD) is intended to provide for combining and mixing uses into an integral land development. Further, this careful combining and mixing of uses is to provide for increased compatibility, mitigate adverse impacts of conventional district regulations, improve site design, encourage greater architectural creativity of building design and improve compatibility with the adjoining land uses and developments. The size of the tract of land shall be a minimum of five (5) acres except within the B-1 General Business District the minimum tract area shall be two (2) acres.
B. 
The uses permitted in a PUD shall be enumerated in a concept plan and the ordinance which creates such district. The concept plan and the proposed PUD ordinance shall be processed as a zoning amendment to be submitted and processed in accordance with the City of Navasota Zoning Ordinance.
(Ordinance 736-14, sec. 3, adopted 5/13/14)

§ 17.2 PROCEDURES.

A. 
Procedures.
1) 
Application for approval of a concept plan is required to be submitted to the Planning and Community Development Office.
2) 
A calendar of official processing dates for applications requiring Planning and Zoning Commission approval will be published by the Planning and Community Development Office.
3) 
All applications filed on a date other than an official processing date shall be processed and presented to the Planning and Zoning Commission according to the schedule established by the first official processing date appearing on the calendar after the filing date and after the date of receipt of the application.
4) 
The City Council shall establish a schedule of fees relating to the PUD Concept Plan approval process.
5) 
No PUD concept plan shall be approved for properties with delinquent City taxes.
6) 
The Director of the Planning and Community Development Office shall establish procedures, forms and standards with regard to the processing of the application for PUD and its concept plan[.]
B. 
Concept Plan Approval Process.
The steps necessary to request creation of a PUD include the voluntary pre-application meeting, completion of the application, review and recommendation of the concept plan by the Development Director and the Planning and Zoning Commission, and then the necessary zoning amendment public hearings and decisions by the Planning and Zoning Commission and City Council.
1) 
Pre-Application Submittals.
It is recommended to request a pre-application meeting and to submit the following items to the Planning and Community Development Office prior to the meeting:
a) 
Completed, original signed by owner and project representative and assigned project representative, as applicable;
b) 
City Tax statement indicating City taxes are current;
c) 
List of all contacts and contact information affiliated with the project (owner, representative, surveyor, engineer, architect, landscape architect, etc.); and
d) 
Concept plan and checklist, completed and signed.
2) 
Concept Plan and its Checklist.
A concept plan and its checklist shall not be considered a site plan and the concept plan will include but not be limited to:
a) 
A general plan showing the location and relationship of the land uses to be permitted for the PUD;
b) 
Building general locations as well as general automobile access and parking lots, pedestrian access and sidewalks, trails, bicycle access and bikeways and parking;
c) 
Range of building heights, dimensional and density variations to standard requirements;
d) 
Proposed buffer areas and include the statement as to why said buffers are proposed;
e) 
Proposed conservation areas, open space, parklands, recreational areas, and greenways;
f) 
General written statement regarding plan for stormwater drainage and plan general location of retention/detention facilities, and other structural methods of stormwater drainage control;
g) 
Proposed public facilities and access to public safety;
h) 
Amenities and innovative design concepts to be employed;
i) 
List of community benefits to justify the request;
j) 
Plans for an owners association to own, operate and maintain proposed common and/or public facilities, areas and recreation sites;
k) 
Other development and protective requirements considered necessary to create a reasonable transition and protection of adjacent properties including construction method, construction finishes and architectural design; and
l) 
Proposed ordinance elements to implement the proposed plan variations from standards and regulations of the City of Navasota Subdivision and Zoning Ordinances.
3) 
Concept Plan Standards of Approval.
The Development Director and Planning and Zoning Commission may recommend approval, conditionally approve, table or deny a Concept Plan and proposed ordinance elements for a PUD based on the following requirements:
a) 
Confirmation with intent, policies, goals and objectives of the City of Navasota Comprehensive Plan, including the justification of reasonable variations from the Comprehensive Plan;
b) 
Proposals for development in harmony with the adjacent development;
c) 
Compatibility of proposed uses with existing uses and permitted uses on abutting and nearby property;
d) 
Access to a public street for each dwelling unit directly or via a court, walkway or public area or area owned by a homeowners association;
e) 
Inclusion of adequate common and public improvements;
f) 
Development not detrimental to the public health, safety, welfare or not materially injurious to properties or improvements in the vicinity; and
g) 
The provision of safe and convenient vehicular, bicycle or pedestrian circulation in the vicinity and in anticipation of traffic generation provision of adequate access for the vicinity.
4) 
Public Hearing.
The Planning and Zoning Commission shall hold an advertised public hearing in accordance with the procedures for a change in zoning classification. The Planning and Zoning Commission shall make its recommendations to the City Council in accordance with the standard procedures for a change in zoning classification. The Planning and Zoning Commission may recommend and the City Council may approve the request for a PUD as submitted or may make any modifications thereto as may be appropriate. In approving an ordinance establishing the PUD, the City Council shall, after recommendation of the Planning and Zoning Commission, specify such height, floor area, density, site coverage, setback, landscaping, off-street parking and all other standards as are appropriate for the development which are considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to or nearby the PUD.
a) 
Development Schedule.
The Planning and Zoning Commission or the City Council may require a development schedule to be submitted by the applicant. The development schedule is to indicate the date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule shall become part of the ordinance creating the PUD and shall be adhered to by the owner, developer and successors of the PUD property. The Planning and Zoning Commission or the City Council, may, if in their opinion, the owner or owners of the property are failing to or have failed to meet the approved schedule, initiate proceeding to amend the ordinance of the PUD or remove all or part of the PUD from the Official Zoning Map and place the area involved in another appropriate zoning district. Such action shall occur in accordance with this ordinance. Upon recommendation of the Planning and Zoning Commission and for good cause shown by the owner or owners of the property or the developer, the City Council may extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case.
5) 
Required 45-Day Completion of Application and Concept Plan.
In accordance with Chapter 245 of the Texas Local Government Code, the City will treat an application or proposed concept plan as a formal permit application as that term is defined in Chapter 245, or successor statute. The applicant shall be given a total number of forty-five (45) days, from the initial date of application, to make all corrections or required revisions, to provide a complete and valid concept plan. Failure of a resubmittal to meet all checklist, ordinance and submission requirements upon the expiration of the forty-five (45) day period will result in the closure of the file; the application shall become null and void, and the permit shall be deemed to be expired. Any further submittal will be treated as a new application and subject to then existing requirements, together with required fees.
6) 
Amendment to the PUD.
Any amendment, supplement, deletion, or modification to the PUD ordinance or concept plan may be granted upon application by any applicant with proprietary interest in the PUD. Any application for such amendment shall contain the information specified in this Article and shall be processed in accordance with the procedures set forth in the City of Navasota Zoning Ordinance.
7) 
Coordination with the Subdivision Ordinance and Site Plan Requirements.
It is the intent of this section that the subdivision review and the site plan review under the subdivision and zoning regulations of the City of Navasota are carried out simultaneously or in concert with the review of a PUD under the provisions of this Ordinance and the other development ordinances and regulations of the City of Navasota.
(Ordinance 736-14, sec. 3, adopted 5/13/14)

§ 17.3 ADDITIONAL USE SPECIFICATIONS.

Hookah and Vapor Retail Stores, Hookah Lounges and Vape Lounges are not permitted in this District. Any legally operating Hookah and Vapor Retail Store, Hookah Lounge or Vape Lounge is deemed nonconforming as of September 9, 2024 and shall be allowed to continue to operate subject to and in compliance with the provisions of this Zoning Ordinance relating to nonconforming uses and all other applicable requirements.
(Ordinance 1051-24 adopted 9/9/2024)