The purpose of a Planned Unit Development Overlay District (PUD) is to accommodate unified designs of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof, in accordance with an approved development plan.

A PUD Overlay District is intended to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns and parking facilities in order to best utilize special site features of topography, size or shape. The PUD concept is not intended to be solely or merely a method of avoiding area restrictions required in other straight zoned districts.

A PUD Overlay District is designed as an overlay zone to an existing and compatible zoning district, which in itself will support such planned development. No such PUD shall be granted unless such development will meet the use limitations of the zoning district in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this code (refer to Conditional Use Permit regulations for land uses). Compliance with the regulations of this article in no way excuses the developer from the applicable requirements of a subdivision ordinance, except as modifications thereof are specifically authorized in the approval of the application for the PUD.

The owner of any tract of land may apply for and request a PUD. A proposed site plan shall be submitted indicating density of residential, commercial and/or industrial areas, along with the location of all proposed streets, alleys, protective screening and open spaces. It is the intent of this section that site and building plans for a PUD shall be prepared by a designer or team of designers having professional competence in urban planning as proposed in the application.

After determining that the application is complete, the administrative official shall contact the chairman of the Planning and Zoning Commission. The chairman shall then schedule a joint public hearing with both the Planning and Zoning Commission and City Council in accordance with Article 26 of the Rockport Zoning Code [section 118-26 of this chapter].

After appropriate notice is given, a joint public hearing with the Planning and Zoning Commission and City Council on each request for a PUD shall be heard. During the joint public hearing pertinent comments by the applicant(s), city staff and public testimony given shall be considered. After the close of the joint public hearing, the Planning and Zoning Commission shall deliberate the PUD application at its own scheduled meeting.

At a scheduled meeting, the Planning and Zoning Commission shall consider the application, any pertinent comments by the applicant(s), city staff, other relevant support materials and after reviewing the site plan in accordance with the criteria listed in this section and reviewing all pertinent information, the Commission shall recommend that the City Council rezone to PUD, subject to approval of the submitted site plan; recommend that the City Council rezone to PUD, subject to modifications to the submitted site plan; or recommend that the City Council deny the request.

At a scheduled meeting, the City Council shall consider the recommendations from the Planning and Zoning Commission regarding each PUD application. The City Council shall further discuss any pertinent comments by the applicant(s), city staff, and after reviewing the site plan in accordance with the criteria listed in this section and reviewing all pertinent information, shall rezone to PUD, subject to the submitted site plan; rezone to PUD, subject to modifications to the submitted site plan; or deny the request. In granting such PUD, the City Council may impose or amend all conditions recommended by the Planning and Zoning Commission. The Council may attach such conditions to a PUD approval as are necessary to prevent or minimize adverse effects on other property in the neighborhood, including, but not limited to: limitations on size, bulk and location, provision of adequate ingress and egress, duration of use approval, and hours of operation of the planned unit development.

A planned unit development granted under these provisions shall be considered as an amendment to this Ordinance as applicable to such property.

After approval of a PUD by the City Council, the Planning and Zoning Commission is hereby authorized to accept a PUD site plan as a concept plan required by the City’s Platting and Subdivision Regulations, if required. A final PUD plat will be handled as would any final plat. At time of submittal of a final plat, the developer shall also submit a Home Owners Association Declaration, or a Condominium Regime Declaration, or both, as the case may be, to city staff for review. Only after staff is satisfied with subject documents will the final plat be submitted to the Planning and Zoning Commission for final action.

A PUD Overlay District zoning designation and its required development site plan shall expire one (1) year after such PUD zoning is approved by City Council unless a final plat for at least one section or phase of the PUD is approved by the Planning and Zoning Commission. Upon such expiration, the zoning of the entire PUD-zoned tract shall revert to the original zoning that preceded the approval of the PUD.

In no case shall an approved PUD site plan be amended nor is the area of the total PUD changed or modified once a portion has been constructed without first resubmitting the changes as a new application for site plan approval, as appropriate.

A PUD concept plan shall be approved only if all the following general criteria are met.

In addition to the above specific density and design criteria, a residential PUD shall comply with all of the following:

The legislative body, as part of the approval of a PUD, shall be permitted to require an applicant to make reasonable contributions to include, but not limited to, the following or to any combination of the following:

Upon approval of a PUD, construction shall proceed only in accordance with the plans and specifications so approved and in conformity with any conditions attached by the jurisdiction.

The code official shall not issue any permit for any proposed building, structure or use within the project unless such building, structure or use is in accordance with the approved development plan and with any conditions imposed in conjunction with its approval.