River Oaks City Zoning Code
SECTION 18
PLANNED DEVELOPMENT DISTRICT.
A.
PURPOSE.
The purpose of a Planned Development District is:
1.
To protect and provide for public health, safety and general welfare of the city;
2.
To guide the future development of the city;
3.
To accommodate innovation by modifying regulations to better accomplish the city's development goals;
4.
To mitigate developmental impacts, especially those related to the environment, traffic, public services and facilities, and adjacent area land uses; and
5.
To protect and enhance the aesthetic and visual quality of development.
B.
APPLICABILITY.
Mixture of land uses to be planned and developed as a whole in a single development operation or a definitely programmed series of phases. A planned development also can encompass a single land use where the prescribed criteria of this Ordinance may substantially inhibit the successful completion of a particular development. A planned development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans that include not only streets, utilities, lots and building location, and the like, but also site plans for all buildings as are intended to be located, constructed, used, and related to each other, and plans for other uses and improvements on the land as related to the buildings.
C.
PD DISTRICT TYPES.
A planned development (PD) district may be created as an overlay district or as a freestanding district as described below:
1.
Overlay PD districts.
An overlay PD district superimposes regulations onto a standard zoning district. A PD overlay may be modified, supplement and/or delete the regulations of a standard zoning district (referred to as the base district). Except as specified by the terms of the Ordinance establishing a PD Overlay, the regulations of the base district shall apply, and any subsequent general amendment to the base district shall apply. A PD district established as an overlay district shall be designated by letters PD followed by a unique number and the initials of the base district(s) (i.e., PD-000-R).
2.
Freestanding PD districts.
The zoning regulations affecting development within a freestanding PD district are limited to those specifically defined within the Ordinance establishing the district (which may include by reference other regulations) and may only be changed by amending the district. A freestanding PD district may only be established where the use of the overlay method cannot reasonably achieve the purposes of this Ordinance. A PD district established as a freestanding district shall be designated by the letters PD followed by a unique number (i.e., PD-000).
D.
PROHIBITED AREAS OF REGULATION.
A PD district may not be used to:
1.
Require construction of public improvements or the dedication or reservation of land which are not of primary benefit to development within the district necessary to mitigate an adverse impact attributable to development within the district, unless compensation is provided as required by law;
2.
Assign responsibility to the city for enforcement of private deed restrictions or covenants; or
3.
Waive or modify the requirements of ordinances other than the Zoning Ordinance, except as specifically authorized by this Ordinance.
E.
INITIAL PLAN REVIEW.
A site plan shall be required as part of an application for establishing or amending a PD district. Additional information, studies and plans may be required by the planning and zoning commission or the city council to determine the merit of establishing a PD district and as required to develop regulations to be incorporated in the Ordinance establishing or amending a PD district. The city council, upon a recommendation from the planning and zoning commission, may waive the requirement for submitting a concept plan or land study if they determine sufficient information exists to evaluate the proposed establishment or amendment of a planned development district. Where this requirement is waived at the time of establishing a PD district, approval of a concept plan or land study shall be required prior to the approval of any plan, plat, or permit related to development of the property.
F.
PLAN APPROVAL.
Plans and land studies submitted in conjunction with establishing or amending a PD district may be approved by city council either by separate action, or by reference as part of the Ordinance establishing the planned development district. All subsequent plans prepared for the development of property within a planned development district must substantially conform to the approved plan.
G.
MINOR AMENDMENTS TO ADOPTED PLANS.
Except as permitted as a minor amendment, plans adopted by ordinance shall not expire and may only be revised through the rezoning process. The planning and zoning commission may approve minor amendments to plans adopted by ordinance provided the amendment does not:
1.
Increase the density or intensity of development;
2.
Substantially alter the arrangement of buildings, increase the number of buildings or change the use of building space designated on the original plan;
3.
Substantially alter the configuration of streets or lots;
4.
Increase the height of buildings;
5.
Substantially alter vehicular circulation or placement of parking areas;
6.
Reduce or lessen the effectiveness of open space, landscaped buffers and edges; or
7.
Conflict with other regulations specified within the ordinance establishing the district.
H.
PARTIAL REZONING.
Owners of property within a PD district may request rezoning of the portion of the district they own to separate it from the remaining property within the PD district. In considering the request, the planning and zoning commission and city council shall evaluate the effect of the rezoning on the remaining property and may require adjustments to terms and conditions of the original PD district resulting from a change in boundary.
I.
REVIEW OF ZONING.
The planning and zoning commission or the city council may at its discretion call a public hearing to evaluate any PD district to determine appropriate zoning for the area. The following are some of the reasons for initiating a review of zoning. The reasons listed are examples and shall not be construed as a limitation upon the planning and zoning commissions and city council's authority to review and evaluate a PD district at any time the commission or city council deems appropriate.
1.
Change of Conditions.
An unanticipated change in conditions, including adoption of new plans and development policies which affect the appropriateness of existing zoning.
2.
Error or Ambiguity.
A provision of the zoning is incorrectly recorded or sufficiently ambiguous to prevent reasonable administration of the district.
3.
Nonperformance.
A condition where ownership of the property is divided among multiple parties and the owners are unable to cooperate in implementing the terms of the district; or a period greater than five years following the approval of the PD district or the date of the last amendment or administrative approval, in which no action related to development of the property occurs.
J.
CROSS REFERENCE.
Sections 25 (site plans) and 29 (amendments to Zoning Ordinance) also apply.
(Ordinance 1394-2023 adopted 11/28/2023)