(a)
The
Planned Unit Development (PUD) standards are a supplementary list
of “overlay” zoning district standards which apply to
properties simultaneously with one (1) or more of the other zoning
districts established in this Ordinance, hereinafter referred to as
the “underlying” zoning district(s).
(b)
The
PUD standards are provided as a design option, intended to permit
flexibility in the regulation of land development; to encourage innovation
in land use, form of ownership, and variety in design, layout, and
type of structures constructed; to achieve economy and efficiency
in the use of land; to preserve significant natural, historical, and
architectural features and open space; to promote efficient provision
of public services and utilities; to minimize adverse traffic impacts;
to provide better housing, employment, and shopping opportunities
particularly suited to residents; to encourage development of convenient
recreational facilities; and to encourage the use and improvement
of existing sites when the uniform regulations contained in other
zoning districts alone do not provide adequate protection and safeguards
for the site or its surrounding areas.
(c)
In order
to encourage PUD developments on specific properties, these standards
may allow the Planning and Zoning Commission and City Council to relax
or waive one (1) or more of the requirements of the underlying district
through approval of a PUD ordinance. The PUD also allows the developer
the opportunity to mix compatible uses or residential types on a single
property, allows clustering to reduce construction costs, and may
enhance marketability through the preservation of significant natural,
historical, and architectural features.
(Ordinance 99-0928-A adopted 10/12/21)
(a)
Demonstrated
Benefit.
The PUD shall provide two (2) or more of the
following benefits in 5.02(a)(1)–(5) not possible under the
requirements of another zoning district, as determined by the plan
commission:
(1)
Preservation
of significant natural land feature or sensitive ecological areas.
(2)
A
complementary mixture of uses or a variety of housing types that provides
a benefit to the community over conventional development.
(3)
Common
open space for passive or active recreational use.
(4)
Off-site
mitigation to community impacts resulting from the development, such
as public roadway improvements to maintain or improve roadway level
of service.
(5)
Redevelopment
of an outdated urban site or brownfield site where creative design
can address unique site constraints.
(b)
Availability
and Capacity of Public Services.
The proposed type and
density of use(s) shall not result in an unreasonable increase in
the use of public services, public facilities, and utility capacities.
(c)
Compatibility
with the Comprehensive plan.
The proposed PUD shall be
compatible with the overall goals and recommendations as proposed
in the City of Bells comprehensive plan.
(d)
Compatibility
with the PUD Purpose.
The proposed PUD shall be consistent
with the intent of this Article and spirit of this Ordinance.
(e)
Development
Impact.
The proposed PUD shall not impede the continued
use or development of surrounding properties for uses that are permitted
in this Ordinance.
(Ordinance 99-0928-A adopted 10/12/21)
Principal uses permitted under the PUD standards are based on
the underlying zoning district(s).
(a)
All
permitted uses and special uses of the underlying district(s) shall
be permitted unless otherwise specified in the PUD ordinance[.]
(b)
In addition
to those uses otherwise permitted, a mixture of single- and multiple-family
dwellings on a planned basis, through the use of attached dwellings,
apartment buildings, zero lot line configurations, and/or other similar
building configurations; or any combination of these residential uses
may be permitted within any PUD.
(1)
Residential
density shall be determined by a conventional development plan that
illustrates how the site could be developed as a conventional subdivision,
meeting all applicable zoning and subdivision requirements. The plan
commission shall review the design and determine the number of buildable
lots that could be feasibly constructed, taking into consideration
any wetlands or other non-buildable land. This number shall be the
maximum number of dwelling units allowable for the PUD. Where the
underlying zoning is multiple-family, density shall be determined
based upon the underlying zoning district density limits. Portions
of the site that are currently zoned for a nonresidential use or are
proposed to be developed with only nonresidential uses shall not be
included in the plan used to determine density.
(2)
Once
the density has been determined, residential units may be clustered
on smaller lots on a portion of the site, with the remaining land
area being preserved as open space.
(3)
A
density bonus of up to 25% may be granted where the development will
provide for infill development/redevelopment, create a walkable neighborhood
and be in accordance with the City of Bells comprehensive plan.
(c)
For
a PUD in a residential district that has an area of at least 10 acres,
up to 20% of the total site acreage may be developed with uses permitted
in the C1 District. Such uses must front a public street and be developed
in conjunction with, or following, development of the residential
uses.
(d)
For
a PUD in a C1, C2, MF district, residential uses, such as residential
apartments on a second floor above retail or office uses, may be permitted
in a mixed-use PUD, also in acres of at least 10 acres, up to 20%
of total site acreage may be developed in conjunction with, or following,
development of the commercial uses.
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(Ordinance 99-0928-A adopted 10/12/21)
(a)
Base
Zoning Regulations.
Unless modified by the Planning and
Zoning Commission and City Council, according to the PUD standards,
all Zoning Ordinance requirements for the zoning district shall remain
in full force.
(b)
Regulatory
Flexibility.
To encourage flexibility and creativity
consistent with the PUD concept, the Planning and Zoning Commission
may grant specific departures from the requirements of the zoning
ordinance as a part of the approval process through the PUD ordinance.
Development standards for lot area, lot width, building height, setbacks,
off-street parking, general provisions, subdivision regulations or
other zoning ordinance provisions may be modified, provided that such
modifications result in enhanced buffering from adjacent land uses
or public rights-of-way, preservation of natural features or creation
of a walkable neighborhood. Minimum standards for improvements, such
as road construction, sewage, water, and drainage may not be reduced
as a part of the PUD ordinance.
(c)
Approval
of Modifications.
Any regulatory modification shall be
approved with the PUD overlay district and preliminary site plan through
a finding by the Planning and Zoning Commission that the deviation
shall result in a higher quality of development than would be possible
using conventional zoning standards. This provision shall not preclude
an individual lot owner from seeking a variance following final approval
of the PUD, provided such variance does not involve alterations to
open space areas, as shown on the approved PUD site plan or the requirements
of the article [this article].
(d)
Table
of Modifications.
A table shall be provided on the preliminary
PUD site plan that specifically details all deviations from the established
zoning district’s development standards for lot area, lot width,
building height, and setbacks, off-street parking regulations, general
provisions, subdivision regulations or other zoning ordinance provisions
which would otherwise be applicable to the uses and development proposed
in the absence of this PUD article. This specification should include
Ordinance provisions, from which deviations are sought, and the reasons
and mechanisms to be utilized for the protection of the public health,
safety, and welfare in lieu of the regulations from which deviations
are sought.
(Ordinance 99-0928-A adopted 10/12/21)
(a)
Open
Space Requirement.
All PUDs shall set aside a minimum
of 15% of the total site area as common open space (including residential
and nonresidential areas).
(1)
Common
open space shall be planned in locations visible and accessible to
all in the PUD. The common open space may either be centrally located,
along the road frontage of the development, [or] located to preserve
natural features. Open space shall be situated to maximize the preservation
of existing high-quality natural areas.
(2)
Land
area use[d] to meet the minimum 15% open space requirement shall be
usable and not include stormwater detention/retention basins, wetlands,
open water or other unbuildable areas. These areas may be preserved
as common open space but must be in addition to the 15% usable land
area.
(3)
On
urban infill sites within the City of Bells, open space may be in
the form of parks, gardens and other green space, pedestrian plazas
or walkways.
(b)
Open
Space Protection.
The dedicated open space shall be set
aside in perpetuity by the developer through a conservation easement.
(1)
The
conservation easement shall assure that the open space will be protected
from all forms of development, except as shown on an approved site
plan, and shall never be changed to another use.
(2)
The
dedicated open space shall be maintained by parties who have an ownership
interest in the open space. A maintenance agreement shall be recorded
with approval of the final site plan.
(3)
The
dedicated open space shall forever remain open space, subject only
to uses on the approved site plan. Any change in use of the open space
from what is shown on the approved site plan shall require plan commission
approval and shall not diminish compliance with the requirements of
this ordinance.
(4)
The
open space or a conservation easement for the open space may be conveyed
to a conservation organization or to a public agency for recreational
or conservation use; however, any conveyance to a public agency shall
be at the owner’s discretion and expense.
(Ordinance 99-0928-A adopted 10/12/21)
The application process for a PUD involves two (2) steps for
review of a preliminary and final PUD. The procedures are described
below.
(a)
Pre-application
Meeting.
The applicant shall meet with the Planning and
Zoning Commission to review the PUD requirements and ensure that application
materials are complete. A pre-application workshop with the Planning
and Zoning Commission may be requested by the applicant to discuss
the appropriateness of the PUD concept, solicit feedback, and receive
requests for additional materials supporting the proposal. An applicant
desiring such a workshop shall request placement on the Planning and
Zoning Commission agenda.
(b)
Application.
The applicant shall submit the preliminary PUD site plan, meeting the requirements of Section 15.06 [15.07], at least 15 days prior to the meeting at which the Planning and Zoning Commission shall first review the request.
(c)
Governmental
Department Review.
The following agencies shall review
the application prior to the Planning and Zoning Commission hearing
and recommend changes or sign off that they do not have concerns with
the application.
(d)
Public
Hearing.
The Planning and Zoning Commission shall review
the preliminary PUD site plan and shall conduct a public hearing.
Legal notice shall be provided to the public by the petitioner consistent
with the requirements of the State of Texas. Public notice setting
forth the time and place shall be given at least 10 days before the
date of the hearing in a newspaper of general circulation by the community.
Notification shall also be provided by certified letter at least 10
days before the date of the hearing to all abutting properties in
all directions from the subject property and properties across the
street. At the public hearing, the petitioner shall provide proof
that he has conformed to the above by proof of publication and return-receipt
mail or personal sign-off on delivery of notices. The cost of such
notices shall be borne by the petitioner.
(e)
Planning
and Zoning Commission.
During this review, the Planning and Zoning Commission may request additional materials supporting the PUD proposal, or recommend modifications or conditions based on the standards of Section 15.08 and comments from the Governmental Department Agencies. Once the Planning and Zoning Commission is satisfied that all of the required information has been provided, the Planning and Zoning Commission shall forward the PUD overlay district and preliminary site plan to the City Council with a favorable recommendation, [or] an unfavorable recommendation based upon the standards of this article.
(f)
City
Council.
The City Council may vote on the proposed PUD
overlay district within 90 days of its certification by the Planning
and Zoning Commission. The City Council may either approve or deny
the PUD overlay district. The City Council may also seek modifications
or additions to any written commitments.
(g)
Commitments.
Any commitments attached to the approval of the preliminary
PUD site plan shall be made part of the approval and shall be reflected
in the final PUD site plan. The City of Bells attorney, as applicable,
shall prepare the written commitments based on the City Council action.
The applicant shall reimburse the City of Bells attorney, as applicable,
for all costs related to the preparation of the written commitments.
The shall be signed by the City Council and the applicant and recorded
in the County Recorder’s office. The commitments must be recorded
prior to submitting an application for final site plan approval.
(h)
Effect
of Approval.
Approval of the PUD overlay district and
preliminary site plan shall be effective for a period of one (1) year.
If a final PUD site plan for at least the first phase of the project
is not submitted within one (1) year of the preliminary approval,
or an extension applied for, the preliminary PUD site plan shall expire,
and a new application must then be filed and processed. The one (1)
year period for preliminary PUD approval may be extended for one (1)
year, if applied for by the petitioner prior to expiration and granted
by the Planning and Zoning Commission. If a preliminary PUD is allowed
to expire, the Planning and Zoning Commission and City Council shall
take action to remove the overlay district from the zoning for the
site.
(i)
Phased
PUD.
If the approved preliminary PUD site plan indicated
that the proposed development was to occur in phases, final PUD site
plan approval may be granted on each phase of the development, provided
that each phase contains all the necessary components to insure protection
of significant natural, historical, and architectural features, and
the health, safety, and welfare of the users of the PUD and the residents
of the surrounding area. Roads, utilities and other infrastructure
for each phase shall be designed to fully operate in accordance with
the City of Bells, as applicable, engineering standards and not be
dependent upon the completion of subsequent phases. Subsequent phases
shall also follow the process for final PUD site plan outlined in
this Article.
(j)
Final
Site Plan.
The applicant shall submit the final PUD site
plan for any or all phases of, the approved preliminary PUD site plan
at least 30 days prior to the Planning and Zoning Commission meeting
at which the Planning and Zoning Commission shall first review the
request. If the PUD is being developed as a subdivision, then all
requirements of the subdivision regulations shall be met, and the
final PUD application shall also include a primary plat. The primary
plat shall be reviewed concurrently with the requirements of this
article.
(k)
Checkpoint
Agency Review.
The agencies in Section 15.06(c) shall review the final site plan for compliance with applicable federal, state, and local ordinances and standards prior to the Planning and Zoning Commission review. The agency official shall state any items that need to be address[ed] prior to approval or sign-off that the final site plan is acceptable.
(l)
Planning
and Zoning Commission Review.
Upon submission of all
required materials and fees, the Planning and Zoning Commission shall
review the final PUD site plan and shall take final action on the
final PUD site plan, in accordance with the standards and regulations
of this ordinance.
(m)
Conditions.
If the final PUD site plan was approved with conditions, the
applicant shall submit a revised final PUD site plan to the Planning
and Zoning Commission for approval prior to submitting construction
plans.
(n)
Final
Approval.
Approval of the final PUD site plan shall be
effective for a period of two (2) years. If construction has not begun
on the first phase of the project within two (2) years of the final
PUD approval, the right to develop under the PUD site plan shall terminate
and a new application must then be filed and processed. If a final
PUD is allowed to expire, the Planning and Zoning Commission and City
Council shall take action to remove the overlay district from the
zoning for the site.
(Ordinance 99-0928-A adopted 10/12/21)
The preliminary PUD site plan shall set forth the proposed uses
to be developed in the PUD. The following specific information shall
be provided in the preliminary PUD site plan submittal:
(a)
Proof
of Ownership.
Current proof of ownership of the land
to be utilized or evidence of a contractual ability to acquire the
land, such as an option or purchase agreement with written authorization
from the owner.
(b)
Written
Documentation.
Written documentation that the preliminary PUD site plan meets the standards of Section 14.08 [15.08].
(c)
Application
Form and Fees.
A completed application form, supplied
by the Planning and Zoning Commission, and an application/review fee;
a separate escrow deposit shall be required for administrative charges
to review the PUD submittal per the approved City fee schedule.
(d)
Preliminary
PUD Site Plan.
Sheet size of submitted drawings shall
be at least 24 inches by 36 inches, with graphics at an engineer’s
scale of one (1) inch equals 20 feet for sites of 10 acres or less;
and up to one (1) inch equals 100 feet or less for sites over 10 acres.
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Cover Sheet
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Applicant’s name.
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Name of the development.
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Preparer’s name and professional seal of architect, engineer
or surveyor, licensed in the State of Texas.
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Date of preparation and any revisions.
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North arrow and legend.
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Property lines and dimensions.
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Complete and current legal description and size of property
in acres.
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Small location sketch of the subject site and area within one-half
(1/2) mile, and scale.
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Zoning and current land use of applicant’s property and
all abutting properties and of properties across any public or private
street from the PUD site.
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Lot lines and all structures on the property and within 100
feet of the PUD property lines.
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Location of any vehicle access points on both sides of the street
within 100 feet of the PUD site along roads where vehicle access to
the PUD is proposed.
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PUD Site Plan
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Existing locations of all natural, historical, and architectural
features, existing drainage patterns, surface water bodies, floodplain
areas, wetlands, meadows and woodlands.
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Existing and proposed topography at five (5) foot contour intervals,
and a general description of grades within 100 feet of the site.
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Dimensions of existing and proposed right-of-way lines, names
of abutting public roads, proposed access driveways and parking areas,
and existing and proposed pedestrian paths.
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Existing buildings, utility services, and any public or private
easements, noting those which will remain, and which are to be removed.
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Layout and typical dimensions of proposed lots, footprints,
and dimensions of proposed buildings and structures.
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Proposed uses with the acreage allotted to each use. For developments
with residential components: the number, type, and density of proposed
housing units.
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General engineering information for utilities and drainage.
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General location and type of landscaping proposed (evergreen,
deciduous, annuals, perennials, berm, etc.) noting existing trees
and landscaping to be retained.
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Size, type, and location of proposed identification signs.
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(e)
PUD
Development Ordinance.
A draft written PUD Ordinance
specifying all the terms and understandings of the PUD. The content
of the ordinance shall be based on the extent of the proposed development,
but shall, at a minimum, provide the following:
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A survey of the acreage comprising the proposed development.
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The manner of ownership of the developed land.
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The amount, manner of ownership, and proposed method of dedication
or mechanism to protect any areas designated as common areas or open
space.
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Land use description including list of proposed uses, residential
density, dwelling types, lot dimensions, setbacks and other dimensional
standards.
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Description of improvements to common areas, recreational facilities
and non-motorized pathways, including a plan for continued maintenance
responsibility.
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General description of any improvements to roads or utilities.
The cost of installing and maintaining all roads and the necessary
utilities shall be assured by a means satisfactory to the Planning
and Zoning Commission.
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Provision assuring that open space areas shown on the plan for
use by the public or residents of the development will be irrevocably
committed for that purpose. The Planning and Zoning Commission may
require conveyances or other documents to be placed in escrow to accomplish
this. The cost of installing and maintaining all open space amenities
shall be assured by a means satisfactory to the Planning and Zoning
Commission.
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Provisions for the future financing of any improvements shown
on the plan for site improvements, open space areas and common areas
which are to be included within the development and that maintenance
of such improvements.
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Provisions to ensure adequate protection of natural features.
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The preliminary PUD site plan shall be incorporated by reference
and attached as an exhibit.
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(f)
Multi-Phased
PUD.
If a multi-phase PUD is proposed, the areas included
in each phase shall be identified. For residential uses identify the
number, type, and density of proposed housing units within each phase.
(g)
Additional
Information.
Any additional graphics or written materials
requested by the Planning and Zoning Commission to assist in determining
the appropriateness of the PUD such as, but not limited to: aerial
photography; market studies; impact on public primary and secondary
schools and utilities; traffic impact study; impact on significant
natural, historical, and architectural features and drainage; impact
on the general area and adjacent property; description of how property
could be developed under the regulations of the underlying district;
preliminary architectural sketches; and estimated construction cost.
(Ordinance 99-0928-A adopted 10/12/21)
Based upon the following standards, the Planning and Zoning
Commission may deny, approve, or approve with conditions the proposed
preliminary PUD site plan, subject to approval of the PUD ordinance
by the City Council.
(b)
The
PUD must be consistent with the comprehensive plan.
(c)
The
uses must have a beneficial effect, in terms of public health, safety,
welfare, or convenience, on present and future potential surrounding
land uses. The uses proposed must not adversely affect the public
utility and circulation system, surrounding properties, or the environment.
(d)
Any
modifications to the dimensional standards of this Ordinance, such
as lot sizes, setbacks, height limits, required facilities, buffers,
open space, permitted sign area, and other similar dimensional standards
shall be reviewed and approved by the Planning and Zoning Commission.
(e)
Any
increase in the density requirements of the underlying zoning district
must be approved by the Planning and Zoning Commission and be included
under review of the preliminary PUD site plan and in the PUD ordinance.
(f)
The number and dimensions of off-street parking shall be sufficient to meet the minimum required by Article 10 [Article 11]. However, where warranted by overlapping or shared parking arrangements, the Planning and Zoning Commission may reduce the required number of parking spaces in the PUD ordinance.
(g)
All
roads and parking areas within the PUD shall meet the minimum design
standards, unless modified by the Planning and Zoning Commission and
City Council in the PUD ordinance.
(h)
Safe,
convenient, uncongested, and well-defined vehicular and pedestrian
circulation within and to the site shall be provided.
(i)
Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Plantings and other landscape features shall meet or exceed the standards of Article 10, Development Provisions.
(j)
Judicious
effort shall be used to preserve significant natural, historical,
and architectural features and the integrity of the land.
(k)
Adequate
water and sewer facilities shall be available or shall be provided
by the developer as part of the site development.
(Ordinance 99-0928-A adopted 10/12/21)
The final PUD site plan shall include all the following information,
unless the Planning and Zoning Commission determines that some of
the required information is not reasonably necessary for the consideration
of the PUD:
(b)
Any
additional graphics or written materials requested by the Planning
and Zoning Commission to assist in determining the impacts of the
proposed PUD site plan, including, but not limited to, economic or
market studies; impact on public utilities; traffic impacts; impact
on significant natural, historical, and architectural features and
drainage; impact on the general area and adjacent property; and estimated
construction cost[.]
(c)
A written
version of the approved of [sic] PUD ordinance specific to the PUD.
Such document shall include provisions for site layout, access, vehicular
and pedestrian circulation, parking, screening, building design and
architecture, landscaping, open space, lighting, and signage. The
PUD ordinance shall also include any variations to the dimensional
standards of this Ordinance, such as density, lot sizes, setbacks,
height limits, required facilities, buffers, open space, permitted
sign area, and other similar dimensional standards.
(Ordinance 99-0928-A adopted 10/12/21)
The Planning and Zoning Commission shall use the standards for approval in Section 15.08 and any design requirements developed specifically for the PUD, in reviewing the final PUD site plan.
(Ordinance 99-0928-A adopted 10/12/21)
(a)
Minor
deviations and amendments from the approved final PUD site plan and
associated PUD ordinance shall be reviewed and approved by the Planning
and Zoning Commission. The following minor modifications can be approved
by the Planning and Zoning Commission without the need for a new preliminary
PUD site plan:
(1)
For
residential buildings, the size of structures may be reduced; or increased
by five percent (5%), provided the overall density of units does not
increase and the minimum square footage requirements are met.
(2)
Gross
floor area of nonresidential buildings may be decreased; or increased
by up to five percent (5%).
(3)
Floor
plans may be changed if consistent with the character of the use.
(4)
Horizontal
and/or vertical elevations may be altered by up to five percent (5%).
(5)
Relocation
of a building by up to five (5) feet, if consistent with required
setbacks and other standards.
(6)
Designated
“Areas not to be disturbed” may be increased.
(7)
Improvements
or slight relocation of site access or circulation, such as inclusion
of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths,
etc.
(8)
Changes
of building materials to another of higher quality.
(9)
Internal
rearrangement of parking lot which does not affect the number of parking
spaces or alter access locations or design or reduce stormwater management
capacity.
(b)
If the
Planning and Zoning Commission determines that the modifications to
the final PUD site plan significantly alter the intent of the preliminary
PUD site plan, a new submittal illustrating the modification shall
be required and must be approved by the City Council as a new preliminary
PUD site plan.
(c)
Any
deviation from the approved final PUD site plan that is not approved
shall be considered a violation of this Article and shall invalidate
this PUD article. The Planning and Zoning Commission and City Council
shall take action to remove the overlay district in the event that
the PUD is invalidated.
(Ordinance 99-0928-A adopted 10/12/21)
