This development type allows for more of a mixed use and an alternative to conventional zoning by permitting flexibility and innovation in land use, design, placement of buildings, use of open spaces, circulation facilities, and off-street parking areas to encourage a more creative approach in the utilization of land. This district permits a more efficient, aesthetically pleasing, and desirable development characterized by special features of the geography, topography, size, or shape of a particular piece of property while simultaneously providing a compatible and stable environment in harmony with and at substantially the same population density and area coverage of the surrounding area.

Planned unit developments may be established in districts zoned to permit residential, commercial, or industrial uses as an essential or primary use and only in accordance with the provisions of this article.

Residential uses as allowed in the underlying zone are permitted within a planned unit developments; provided, that for purposes of this planned unit development article, a dwelling, one-family, as defined in may be constructed to include dwellings attached by common walls; and provided further, that accessory incidental limited retail uses or commercial uses incidental to a residential neighborhood may be permitted where such uses enhance the character of the planned unit development. Building permits or occupancy permits for such commercial or retail uses shall not be issued until all streets and utilities are completed and one-half of the total project residential units are completed.

The approval of a planned unit development may include modifications in the requirements and standards of the underlying zoning classifications of the property upon which the project is located, subject to the limitations provided by the standards set forth in this article. If the land within the proposed planned unit development is also to be subdivided, it shall be subject to the City of Roswell Subdivision Ordinance.

The following standards and requirements shall apply to all planned unit developments:

A.

The maximum number of developable units or the dwelling unit density allowed is determined by dividing the minimum lot area allowed in the underlying zone into the net land area of the project. Development occurring in a residential district may exceed by ten % the average dwelling unit density permitted by the underlying zone district;

B.

The perimeter of the project shall be aesthetically compatible with the land use of adjoining properties. Perimeter lots adjoining or abutting property outside the project shall comply with the requirements of the underlying zone, or shall be screened in an aesthetic manner from adjoining properties so as to protect such adjacent lots from visual and audible impacts from the project which are inconsistent with the underlying zoning district;

C.

Building setback requirements for all proposed structures shall be disclosed in the preliminary plat. Structure setbacks from all property lines which form the perimeter of the project shall comply with the required setbacks set forth in the underlying zoning district;

D.

1 or more major egress circulation points must be functionally connected to a public arterial or collector street or streets;

E.

Open space shall be arranged so as to be an integrated part of the project, not isolated and apart therefrom;

F.

A minimum of ten % of the land area of every planned unit development project shall be comprised of open space of which drainage control areas may be included;

G.

Water and sewer systems shall be designed and constructed to city standards per city public works specification ordinance;

H.

Streets may be private or public. Public streets shall be designed and constructed to city standards per city public works specification and subdivision ordinance.

The process to be followed in the application for a planned unit development shall consist of four procedures:

A.

Conceptual review by the city staff (see section 8).

B.

Review of the preliminary development plan by the planning and zoning commission and recommendation to the city council (see sections 9 and 10).

C.

Approval of the preliminary development plan by the city council.

D.

Approval of the utility and street plans by the city engineer and approval of the final development plan by the city council.

E.

Application and review of the planned unit development preliminary development plan and application and review for final approval of the planned unit development final development plan may be combined and reviewed together.

F.

If any property within the proposed planned unit development is also to be subdivided, then final plat approval of the subdivision shall not be granted until such time as the final development plan of the planned unit development is approved by the city council.

Construction of a planned unit development project may be phased. If construction of the planned unit development is to be phased, the application for the planned unit development shall include all property to be included in the completed planned unit development and shall include a description of each phase of the project and a proposed time schedule for each phase.

Prior to making application for preliminary development plan review the applicant shall meet with the city staff to study and review the proposed planned unit development. Prior to said meeting, the applicant shall submit to the planning and zoning department such plans and information as staff may require.

The applicant shall submit to the planning and zoning department copies of the preliminary plan material, including the following:

A.

Legal description of the project and site location map of the property;

B.

A proposed site plan and/or drawings showing the principal topographic contours and designated placement, location and principal dimensions of buildings, streets, parking areas, recreational areas, other open space and landscaping areas;

C.

Preliminary elevation and perspective drawings of project structures and improvements;

D.

Description of the special features of the development;

E.

A text describing conditions or features which cannot be adequately displayed on maps or drawings;

F.

A description of plans for covenants, restrictions, uses, and continuous maintenance provisions for the project;

G.

The following plans and diagrams:

1.

A survey of the property, showing existing features, including contours, buildings, structures, streets, utility easements, rights-of-way, and existing land use;

2.

An off-street parking plan;

3.

A circulation diagram indicating the proposed movement of vehicles and pedestrians within the planned unit development and to and from existing and planned thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown;

4.

Preliminary landscape plans;

5.

Preliminary drainage plan;

6.

Proposed source of water supply, and sewage disposal;

7.

Preliminary layout of water and sewer system;

8.

Lighting plan, if necessary;

9.

Plot plan showing minimum lot area, lot dimensions, lot coverage and structure/yard setback requirements and the building heights;

H.

Filing fee;

I.

A report from the Chaves County Assessor's office showing ownership of the property involved and a list of names and addresses of all property owners within 100 feet of the proposed planned unit development;

J.

A proposed development schedule.

The planning and zoning commission shall review the application and the preliminary development plan, preliminary plat drawings, and preliminary plan materials at a regular meeting and may, after public hearing, on the vote of a majority of the total members of the planning and zoning commission, disapprove the application or recommend to the city council that preliminary approval be granted, subject to such changes therein or impose such conditions of approval, if any, as are in its judgment necessary to ensure conformity to all pertinent standards and regulations. A recommendation shall be based on the planning and zoning commission's written findings of fact as to:

A.

Whether the proposed project will be detrimental to present and potential surrounding land use or will have a beneficial effect;

B.

Whether land surrounding the proposed development can be planned in coordination with the proposed development and can be developed so as to be mutually compatible;

C.

Whether streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project;

D.

Whether utility services and other improvements, existing and proposed, are adequate for development;

E.

Whether each phase of the proposed development, as it is planned to be completed, contains the required setbacks, parking spaces, open spaces, drainage area, landscape and utility areas necessary for creating and sustaining a desirable and stable environment;

F.

Whether the proposed development will implement the goals and objectives of the comprehensive plan;

G.

The determination of the planning and zoning commission to approve the application or to approve the application with modifications shall be forwarded to the city council.

Upon receipt of an application for a planned unit development from the planning and zoning commission other than an appeal of the planning and zoning commission's disapproval of an application, the city council shall approve the planning and zoning commission's decision with or without modifications, or remand the application to the planning and zoning commission for reconsideration, or disapprove the application. The public hearing before the planning and zoning commission shall constitute the public hearing by the city council and no further public hearing before the city council shall be required.

Disapproval of an application for a planned unit development by the planning and zoning commission shall be final unless appealed in writing to city council within two days of the date of the decision. If the decision of disapproval is appealed to the city council, the council shall schedule a public hearing, notice of which shall be given as set forth in, and review the planning and zoning commission's findings of fact and either affirm the decision of the planning and zoning commission and deny the application, remand the application for further consideration by the planning and zoning commission or, based upon the council's own findings of fact, approve the application with or without modifications.

The decision of the city council, either approving the application or denying the application of the planned unit development, shall be final unless appealed to district court of the state of New Mexico within the time and manner required by state law.

Within 12 months following approval of the preliminary development plan, the applicant shall file with the planning and zoning department a final development plan conforming to the approved preliminary development plan. Failure of the applicant to file a final development plan within 12 months following the approval of the preliminary development plan shall automatically revoke the city council's approval of the application for the planned unit development and shall be deemed a denial and disapproval of the application and terminate all of the applicant's rights under the application.

In addition to the information required under for the preliminary development plan, the final development plan shall include the following:

A.

Perspective drawings of project structures and improvements, including architectural features and landscape areas;

B.

Agreements, covenants, restrictions, or other provisions which will govern the use and maintenance and assure continued protection of the planned unit development in a form sufficient to be recorded with the Chaves County Clerk's office;

C.

A preliminary plat or a final plat of the area if subdivision of the planned unit development is intended or required;

D.

Development schedule of construction;

E.

Originals of the final utility improvements plans, street plans, etc.;

F.

Plan review and inspection fee;

G.

Any other information necessary to demonstrate compliance with the approval of the preliminary development plan;

H.

Properly executed deeds or easements for roads, utilities, drainage areas or other property to be transferred to the city;

I.

No final development plan shall be deemed acceptable for filing unless all of the above information is submitted in accurate and complete form as required by the planning and zoning department.

The final development plan shall be considered at a public meeting before the city council.

No final development plan shall be implemented until the applicant files an assurance agreement, approved by the city, with the Chaves County Clerk office. The applicant shall also provide that no change, extension of time, alteration or addition to the project shall in any way affect the obligation of the assurance agreement.

Approval by the city council of the final development plan for a planned unit development, filing of an approved final plat in the Chaves County Clerk's office and filing of an assurance agreement, as provided, shall authorize the owner or owners of the parcel or parcels encompassed within the planned unit development to proceed with the project, acting in concert, and shall bind such owner or owners to the implementation of such final development plan and to the construction, inspection and maintenance of the planned unit development in strict accordance with such approved plan and the provisions of this or other applicable ordinances and regulations.

The building inspector shall issue building permits for buildings and structures that conform to the final development plan of the planned unit development and with all other applicable city ordinances and regulations. The building inspector shall issue a certificate of occupancy for completed building or structure which conforms to the requirements of the approved final development plans and all other applicable city ordinances and regulations; provided, however, that the construction and development of all public improvements, utilities, landscaping, open spaces and public and recreation facilities of each project phase must be completed before any certificate of occupancy shall be issued.

No change shall be made in the approved final development plans during the construction of the project except upon application to the planning and zoning department, after public hearing held thereon with notice given in the manner provided in and approval by the city council; provided, however, that the city manager is authorized to allow adjustments in the development schedule, landscape plan, location, placement, height, or dimension of buildings and accessory structures or the adjustment of lot lines if such minor changes and alterations are necessary for proper engineering and other circumstances not foreseen at the time of approval of the final development plan; provided, that such adjustments shall not increase the total amount of structural floor space area authorized in the approved final development plan, or the number of dwelling units or density, or decrease the amount of parking or loading facilities, or permit buildings to locate closer to any boundary line, or change any points of ingress or egress to the site.

A.

If construction of the public improvements, streets, and utilities has not commenced within two years from the date of approval of a final development plan, or if the project is a phased construction project, within two years from the date that construction of the particular phase was scheduled to commence, or if construction of the public improvements, streets and utilities has commenced but work has been abandoned for a period of one year or more, and if no extension of time has been granted as in the authorization granted for the planned unit development project may terminate without further notice or proceedings and all permits and approvals issued pursuant to such authorization shall expire and be null and void.

B.

In the alternative and at the city's sole discretion, the city may elect to proceed against the assurance agreement provided by the applicant in accordance with or seek any other legal remedy.

Upon request from the applicant/developer for an extension of time or adjustment in the time schedule, a public hearing, with notice given as provided shall be held before city council. City council may either deny the request or approve the request; provided that approval of the request shall be based on good cause as shown by the applicant/developer, such as but not limited to:

A.

Unforeseen circumstances or conditions have caused the delay in development;

B.

Termination of the authority for the project would result in an unreasonable hardship to the developer or to the owners of the land involved;

C.

An extension of time will not cause substantial detriment to the neighboring property owners or to the community.

D.

The city council, at a public meeting, shall either grant the extension of time or deny the request.

E.

Any extension of time or adjustment in the time schedule shall not exceed a period of two years.

If the applicant/developer fails to follow the approved development plan and/or schedule, the city may initiate proceedings to repeal the authorization granted for the planned unit development. After public hearing, the city council may either repeal of the authorization granted for the planned unit development or, based upon good cause shown by the applicant/developer, that the city council grant an extension of time or adjustment of the time schedule for the development; provided, that a recommendation for an extension of time or adjustment in the time schedule shall be only after the planning and zoning staff makes the specific findings as set forth in. Any extension of time or adjustment in the time schedule may not exceed two years.

The city council, at a public meeting, may act on the recommendation of the planning and zoning staff to repeal the authorization for the planned unit development or to grant an extension of time or adjustment in the time schedule. The decision of the city council to repeal the authorization for the planned unit development shall be final unless appealed to district court of the state of New Mexico within the time and manner required by state law.

Nothing contained in this section or any other section of this article shall prohibit the city from proceeding against the assurance agreement posted by the developer.

The provisions of this article shall apply to all planned unit development projects for which applications are filed after the effective date of the passage of the ordinance codified in this article.

PUD zoning districts that have begun or completed construction shall be assigned an underlying zoning district by the planning and zoning commission that is compatible with the surrounding area with input from the existing land owners of or within the PUD and city staff at a scheduled public hearing.

PUD zoning districts and development plans that have not begun construction and have no assurance agreement with the city may be terminated and assigned a zoning district by the planning and zoning commission that is compatible with the surrounding area with input from the existing land owner(s) and city staff at a scheduled public hearing.