Nolanville City Zoning Code
ARTICLE X
PDD: PLANNED DEVELOPMENT DISTRICT
§ 1011.1 Popular Name.
This Section shall be commonly cited as the “Planned Development District Ordinance.”
(Ordinance 2013-18-07 adopted 7/18/13)
§ 1011.2 Scope.
This Section applies to all property within the incorporated municipal boundaries (i.e., “city limits”), and may also extend to the extraterritorial jurisdiction (“ETJ”) to the extent property owners are willing to be voluntarily annexed into the City concurrently with the adoption of the Planned Development District.
(Ordinance 2013-18-07 adopted 7/18/13)
§ 1011.3 Definitions.
(a)
General:
Words and phrases used in this Section shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in the City of Nolanville’s Ordinances, shall be given the meanings set forth in the Code. Words and phrases not defined in the City of Nolanville’s Ordinances shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
(b) City: PDD Master Plan: Planned Development District: Site Plan:
Specific
The City of Nolanville, an incorporated municipality located in Bell County, Texas.
A development plan that serves as the basis for the enactment of a Planned Development District. The plan may be for one or more lots. The plan depicts the existing and proposed conditions of the lot, including: water features; landscaping and open spaces; walkways, means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; screening devices; and any other information required by this Section. A PDD Master Plan is not required to have an engineer’s seal.
Planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners.
An engineered development plan that serves as the basis for the issuance of a Site Development Permit, in accordance with the City’s Zoning Ordinance.
(Ordinance 2013-18-07 adopted 7/18/13)
§ 1011.4 Intent.
(a)
Purpose:
This Section provides standards and procedures for the legislative creation of specialized zoning districts that are crafted specifically for certain land endeavors. Planned Development (PD) Districts are intended to allow flexibility and encourage creative land use and site development while providing natural resource preservation and protecting adjoining properties. Through PD Districts the City is better able to give developers the flexibility they need for complicated projects, while protecting the public interest by providing walkable opportunities for commerce and outdoor recreation and mitigating externalities related to vehicles, pavement, traffic, noise, aesthetics, lighting and drainage.
Planned Development Districts are established by ordinance and, thus, are not agreements, although often they are developed through negotiations between the City and property owners.
The development project must comply with all applicable City regulations unless clearly stated in the ordinance creating the PD district. PD districts are intended to surpass the minimum standards of development while allowing some flexibility to deviate from the traditional standards for a superior development. PD districts are intended to implement the goals and objectives of the City’s Comprehensive Plan. PD districts are also intended 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 of lots and buildings;
(2)
To provide for increased recreation and/or open space opportunities for public use;
(3)
To provide a safe and connected walkable neighborhood with opportunities for education, employment, and commerce.
(4)
To provide amenities or features that would be of special benefit to the property users or community;
(5)
To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes, hills, viewscapes, and wildlife habitats;
(6)
To protect or preserve existing historical buildings, structures, features or places;
(7)
To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services; and,
(8)
To meet or exceed the present standards of this ordinance.
(b)
Nature of District:
Each PD district shall 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.
(Ordinance 2013-18-07 adopted 7/18/13)
§ 1011.6 Minimum Standards.
(a)
Standards by Ordinance:
Minimum standards proposed for the PD district must be incorporated within an ordinance adopted by the City Council. In the adopting ordinance, the City Council may incorporate minimum standards by making reference to a standard zoning district and districts. Standards for exterior building materials and landscaping may not be less than the standard City of Nolanville requirements.
(b)
Land Use:
(1)
Uses:
An application for a PD district shall specify the base zoning district(s) upon which the PD is based. The application shall specify the use or the combination of uses proposed, particularly if any of the proposed uses are not allowed by right in the base zoning district. Special use permits allowed in a base zoning district may be allowed in a PD only if specifically identified at the time of PD approval, and if specifically cited as an “additional use” in the ordinance establishing the PD. Additional uses included in the PD ordinance shall then be allowed by right in the PD district.
(2)
Base District:
In the PD District, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The particular zoning district must be stated in the granting ordinance.
(3)
Variances:
All applications to the City shall list all requested variances from the standard requirements set forth throughout this Ordinance (applications without this list will be considered incomplete).
(4)
Special Uses:
Special use permits allowed in a base zoning district may be allowed in a PD only if specifically identified at the time of PD approval, and if specifically cited as an additional use in the ordinance establishing the PD. Additional uses included in the PD ordinance shall then be allowed by right in the PD district.
(5)
Location:
The location of all authorized uses shall be consistent with the PD Master plan and the PD site plan.
(6)
Residential Uses:
Unless otherwise provided by the PD ordinance, the following standards shall apply to all residential uses within a PD district:
i.
Density - Except on the basis of exceptional design that 1) mitigates vehicular use and views; 2) provides enhanced walkable open spaces; 3) provides walkable commercial land uses, and 4) provides mixed commercial and residential opportunities on the same lot, residential density shall be no greater than the density permitted in the base zoning district for each type of housing.
ii.
Drainage - Drainage features shall be integrated into the design of the development and shall be contained within ponds and streams with a natural appearance wherever possible.
(c)
Open Space Standards
(1)
Public or Private:
Unless otherwise provided by the PD ordinance, a site-appropriate area or areas within the entire PD District shall be devoted to open space. Open space for PD districts may be satisfied by space that can be classified as public, such as a central gathering space, or by a combination of public and private open space. Open space requirements specified in this Subsection are in addition to the City’s general requirements for landscaping and buffering. Public open space shall be dedicated to the City.
(2)
Preservation of Natural Features:
Unless otherwise provided by the PD ordinance or PD Master plan:
(3)
Open Space Allocation and Preservation:
Open space requirements shall be satisfied for each phase of a multi-phased 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 PD District must be provided prior to completion of development within the PD District.
(d)
Height Regulations:
Unless otherwise provided by the PD ordinance, height regulations for uses shall be those established within the City’s zoning regulations for the base zoning district.
(e)
Area Regulations:
Unless otherwise provided by the PD ordinance, area regulations for uses shall be those established within the City’s zoning regulations for the base zoning district. The minimum allowable size for a PD shall be one acre.
(Ordinance 2013-18-07 adopted 7/18/13)
§ 1012.1 Master Plan.
(a)
Mandatory:
The PD Master Plan is mandatory step in the creation of a PD district. It establishes general guidelines for the PD district by identifying the proposed land uses and intensities, building locations, parking, building footprints, thoroughfare locations, and open space boundaries, including pedestrian connectivity. The PD Master Plan, as incorporated in the PD ordinance and together with the text of the ordinance, establishes the development standards for the PD district.
(b)
Compliance with Approved Plans:
Except as otherwise provided by the City’s Subdivision Regulations, 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 substantially consistent with the PD Master Plan has been approved. Each PD District shall be developed, used, and maintained in compliance with the approved PD Master Plan, and subsequently conforming site plans, for the PD District.
(c)
Establishment of District
1.
Zoning Amendment:
The procedures for establishing a PD district shall be as for any other type of zoning request, except that more information is typically needed along with the request, and a Master plan shall be submitted along with the request.
2.
Application:
An application for the establishment of a PD District shall be submitted in accordance with this Section. The application shall include:
(i)
A PD Master plan;
(ii)
A list of proposed PD District development standards;
(iii)
Identification of a zoning district, if any, which shall apply to the extent not otherwise provided by the PD Master plan or by the proposed PD district development standards;
(iv)
A Master plan informational statement, and
(v)
A traffic impact analysis, unless waived by the City Council.
(vi)
A traditional subdivision layout to determine a density baseline as permitted under the base zoning district, unless waived by the City Council.
(d)
Governing Regulations:
Except to the extent provided by the PD Master 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 zoning district identified in the application.
(e)
Conflict:
In the event of any conflict between the PD Master plan, the PD ordinance, and/or the ordinances, rules, and regulations of the City in effect at the time of the establishment of the PD, the terms, provisions, and intent of the PD Master Plan and PD ordinance shall control.
(f)
PD Master Plan Requirements:
(1)
A Master plan shall be submitted along with a PD zoning request, and shall be processed simultaneously with the PD zoning request. The Master plan shall be reviewed by the City’s development review team. If the PD zoning application is approved, the PD Master Plan shall be incorporated and made a part of the PD ordinance.
(2)
Development Standards:
Proposed PD district development standards shall be processed simultaneously with the PD zoning application, and if the PD zoning 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; building size; lot dimensions; setbacks; coverage; height; landscaping; lighting; screening; fencing; parking and loading; signage; open space; drainage; utility and street standards and development and construction timelines. Any graphic depictions used to illustrate such standards, unless otherwise provided in the PD ordinance, shall be considered as regulatory standards. In the event of any conflict, the more stringent standards shall apply. At the City Manager’s discretion, the City Manager may waive any of items listed in this subsection. The City Council may require submission of the above information or any other item deemed necessary by the Council for creation of a PD district.
(3)
Informational Statement:
A PD Master plan shall be accompanied by an informational statement containing the information set forth below. If the PD zoning application is approved, the informational statement shall be binding on the applicant or the land owner, but shall not be considered part of the PD Master plan or the PD ordinance. If the PD Master Plan and the PD Ordinance conflict in any way, the PD Ordinance shall be considered the controlling document. Informational statements shall be updated concurrently with any amendment to the PD Master plan. Each statement shall include the following:
(i)
A general statement setting forth how the proposed PD district will relate to the City’s Comprehensive Plan;
(ii)
The total acreage within the proposed PD district;
(iii)
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
(iv)
An aerial photograph with the boundaries of the PD Master plan clearly delineated.
(g)
Master Plan Amendments:
(1)
PD Master Plans:
PD Master Plans, excluding informational statements, are considered part of the PD ordinance. Any substantive amendment to a PD Master Plan, as determined by the City Manager, shall be considered a zoning change. Nonsubstantive modifications may be approved by the City Manager.
(2)
PD Site Plans:
PD site plans are not considered part of a PD ordinance. Except as otherwise provided within this Subsection, any amendment/revision to an approved site plan shall be in accordance with the City’s Ordinances.
(h)
Lapse of Master Plan:
A PD Master plan shall be effective for a period of one year (365 calendar days).
(i)
Extension & Reinstatement:
Extension of a PD Master plan or site plan shall be in accordance with the following:
(1)
Prior to the lapse of approval for a PD Master Plan, the applicant may request that the City, in writing, to extend the plan approval. Such request shall be considered at a public meeting before the P&Z and the City Council, and an extension may be granted by City Council at such meeting. Two (2) extensions of six (6) months each in length may be granted, unless otherwise specified by ordinance. If no petition for extension of PD Master Plan approval is submitted, then the plan shall be deemed to have automatically expired by operation of law and shall become null and void.
(2)
Determination of Extension:
In determining whether to grant a request for extension, the City Council shall take into account the reasons for the lapse, the ability of the applicant to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the concept plan or site plan at that point in time. The P&Z and City Council shall either extend the PD Master Plan or deny the request, in which instance the originally approved plan shall be deemed null and void. However, the two (2) aforementioned extensions shall not be unreasonably withheld without due cause.
(j)
Contents for Master Plans:
(1)
Objective:
A PD application and the Master Plan must include enough information to allow the City to plan for infrastructure and to demonstrate that the plan will be an enhancement to the City, while allowing for flexible and creative planning.
(2)
Scale:
The Master Plan shall be prepared at a scale no smaller than one inch equals two hundred feet (1" = 200') and on sheets twenty-four inches by thirty-six inches (24" x 36")
(3)
Contents:
The Master Plan shall show the following:
(i)
A title block within the lower right-hand corner of the concept plan with the proposed name of the project or subdivision, the name and address of the owner and the land planner, engineer[,] architect or surveyor responsible for the design or survey, the scale of the drawing, both written and graphic scale, the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Bell County, Texas;
(ii)
A vicinity or location map that shows the location of the proposed development within the City or its extraterritorial jurisdiction and in relationship to existing roadways;
(iii)
The boundary survey limits of the tract and scale distances with north clearly indicated;
(iv)
The names of adjacent additions or subdivisions, or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads and creeks. The concept plan shall include a depiction of all contiguous holdings of the property owners, the existing and proposed uses of the subject property, a general arrangement of future land uses, including the approximate number of lots and any residential uses anticipated, and a generalized circulation plan for the subject property;
(v)
The existing zoning and existing and proposed uses on adjacent land; the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract; any existing easements with recording information; existing buildings; railroad rights-of-way; topography, including contours at two-foot intervals with existing drainage channels or creeks, including the 100-year floodplain, if applicable; any other important natural features (such as rock outcroppings, wildlife habitats, etc.); all substantial natural vegetation; and adjacent political subdivisions, corporate limits, and/or school district boundaries;
(vi)
Proposed strategies for tree preservation, which may include showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction;
(vii)
The layout and width, including right-of-way lines and curb lines, of existing and proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets, lots and blocks, including proposed median openings and left turn lanes on future divided roadways. Existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings;
(viii)
A general arrangement of land uses and buildings, including but not limited to proposed nonresidential and residential densities; building heights, square footages, massing, orientation, loading and service areas, recycling containers, compactors and dumpster enclosures, pedestrian walkways, and parking areas; any proposed sites for parks, schools, public facilities, public or private open space; floodplains and drainageways; and other pertinent development-related features; and
(ix)
The phasing scheduled for the development.
(Ordinance 2013-18-07 adopted 7/18/13)
§ 1012.2 Submission & Review Process.
(a)
Submission of Complete Application:
(1)
For the purpose of this Section, the “official submission date” shall be the date upon which a complete application for approval of a PD, that contains all elements and information required by this Section, is first submitted to the City Manager. No application shall be deemed officially submitted until the City Manager determines that the application is administratively complete and a fee receipt is issued by the City.
(2)
PD Master Plan applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a P&Z agenda until the proper information is provided to City staff.
(b)
Additional Information:
The City’s staff may require information and data other than that set out in this Section for specific PD Master Plans. This information [and] data may include but is not limited to: geologic information, water yields, flood data and hydrological studies, environmental information, traffic impact analysis, road capacities, market information, historic structure(s) and/or land, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a PD may establish conditions for construction based upon such information.
(c)
Principles & Standards for Review:
(1)
The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the City of Nolanville, and to ensure that all developments are, to the best extent possible, constructed according to the City’s codes and ordinances.
(2)
The City Manager shall review the PD for compliance with all applicable City ordinances and with the Comprehensive Plan; for harmony with surrounding uses and with long-range plans for the future development of Nolanville; for the promotion of the health, safety, order, efficiency, and economy of the City; and for the maintenance of property values and the general welfare.
(3)
PD review and evaluation by the City Manager shall be performed with respect to the following:
(i)
The plan’s compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Nolanville.
(ii)
The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.
(iii)
The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.
(iv)
The provision of a safe and efficient vehicular and pedestrian circulation system.
(v)
The general design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
(vi)
The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
(vii)
The coordination of streets so as to arrange a convenient system consistent with the Transportation Plan of the City of Nolanville and Metropolitan Planning Organization.
(viii)
The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design.
(ix)
Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.
(x)
The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
(xi)
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
(xii)
Protection and conservation of watercourses and areas subject to flooding.
(xiii)
The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.
(xiv)
Consistency with the Comprehensive Plan.
(d)
Approval Process:
(1)
Pre-application Conference:
The applicant(s) shall consult with the City Manager and/or other designated administrative officers before preparing a concept plan in order to save time, money and to avoid potential unnecessary delays.
(2)
Prior to formal application for approval of any PD, the applicant(s) shall request and attend a pre-application conference with the City Manager and any other pertinent City official(s) in order to become familiar with the City’s development regulations and the development process.
(e)
City Staff Review:
Upon official submission of a complete application for PD approval, the City shall commence technical review of the development proposal by forwarding a copy of the application to development review team members, such as the City Manager, and any other pertinent City official(s). Development review team members shall review the application and shall ascertain its compliance with these and other applicable City regulations.
(f)
Supplementation & Corrections:
Following City staff review of the plan and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected or supplemented plan to the City Manager within sixty (60) calendar days following the date on which the applicant received official notification of the completion of the review by the City Manager.
(g)
Review by Administration:
Prior to consideration by the P&Z or City Council, all PD proposals must be reviewed by the City Manager. At the City Manager’s discretion, the City Manager may forward a PD Proposal to the P&Z and Council with or without a recommendation.
(h)
Action by P&Z/City Council
(1)
The P&Z shall review the PD application and shall recommend approval, approval subject to certain conditions, or disapproval of the PD. If the P&Z recommends approval, with or without conditions, of the plan, then it will be forwarded to the City Council for consideration.
(2)
The City Council shall consider the PD application at a public meeting following receipt of a determination by the P&Z. The City Council may also, where appropriate, remand the PD application back to the P&Z for reconsideration if it believes that there is a compelling reason to do so, such as the introduction of significant new facts or testimony.
(i)
Public Hearing & Notice
(1)
The P&Z shall hold at least one public hearing on the proposed PD ordinance.
(2)
Notice of the P&Z hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City before the 15th day before the date of the hearing date of the public hearing.
(3)
Written notice of the public hearing to occur before the P&Z shall also be sent to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the 10th day before the hearing date. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, with first class postage paid, in the United States mail.
(j)
Administrative Fees:
The City shall impose its standard fees for the negotiation, preparation and implementation of PDs. These fees shall be established by the City Council in accordance with the City’s fee schedule. The City may also recoup from applicants any out-of-pocket expenses related to professional services the City requires in order to design the PD.
(k)
Grandfathering:
PD districts are an option available to developers and the City. PD districts do not constitute a permit required by law. For purposes of Texas Local Government Code Section 245, the “project” shall be the endeavor described in an approved PD Master Plan for an approved PD district.
(Ordinance 6051-12 adopted 5/17/12; Ordinance 2013-18-07 adopted 7/18/13; Ordinance Z19-08 #2 adopted 8/18/19)