City of Greenville, TX PLANNED UNIT DEVELOPMENT

A PD district may only be established in one of the following circumstances:

The land is located in close proximity to established residential neighborhoods where conventional zoning classifications may not adequately address neighborhood concerns regarding the quality or compatibility of the adjacent development, and where it may be desirable to the neighborhood, the developer or the City to develop and implement mutually-agreed, enforceable development standards;

The land, or adjacent property that would be impacted by the development of the land, has sensitive or unique environmental features requiring a more flexible approach to zoning and clustering of uses, or special design standards, in order to afford the best possible protection of the unique qualities of the site or the adjacent property;

The land is proposed for development as a mixed-use development or a traditional neighborhood development requiring more flexible and innovative design standards;

The land is located in Downtown Greenville or in proximity thereto and/or in other older sections of Greenville that are proposed for redevelopment or infill development, and special design considerations are deemed desirable;

(5)

The land serves as transition between different and seemingly incompatible land uses;

(6)

The land is proposed for development as a major office, retail, commercial or industrial employment center, and special design standards may be warranted;

(7)

The land is of such a character that it is in the community’s best interest to encourage high quality development through flexible development standards to further the goals and objectives of the City’s Comprehensive Plan; and

(8)

The land consists of unusually configured parcels that cannot be developed efficiently under the base district standards.

6-2.2

Nature of the District

Each PD District shall be established as an overlay zoning district that combines with one or more base zoning districts. Development in a PD district must be consistent with a Design Plan that is incorporated as part of the district by the adopting ordinance for the PD.

6-2.3

Size & Density.

No PD district shall be established for a gross contiguous area less than the following:

Single-family detached, attached and duplex uses: five (5) acres;

Multi-family uses: five (5) acres;

Nonresidential uses: three (3) acres;

Mixed residential and nonresidential uses: three (3) acres.

Maximum Density.

The maximum density for any residential use within a PD shall not exceed the maximum density allowed in the base zoning district by more than twenty percent (20%).

A PD District may be established for a gross contiguous area less than those outlined in Section 6-2.3(A)(1)–(4), subject to the following conditions:

All requirements for a Planned Development District listed herein are satisfied;

Recommendation of the Planning and Zoning Commission and approval of the City Council.

(Ordinance 08-059, ex. A, adopted 5/27/09; Ordinance 09-090 adopted 12/8/09)

§ 6-3 Authorized Uses.

6-3.1

Districts & Uses

Base Zoning District Uses.

Any use permitted outright or conditionally in the base district shall be permitted in the PD district, unless the use is prohibited or otherwise conditioned in the regulations adopted for the PD district. Uses designated as conditional uses in the Permitted Use Schedule in Section 4-1 of this Ordinance may be authorized in the PD district only if designated on the Design Plan adopted as part of the PD district, in which case the use does not require a separate Conditional Use Permit under Section 8-5 of this Ordinance.

Overlay Zoning District Uses.

The PD district may provide for uses not allowed in the base zoning district, provided that the uses are compatible with the stated purposes of the district and do not conflict with policies in the Comprehensive Plan, considering the arrangement, combination and design features of the uses within the PD district, as depicted on the Design Plan.

Location and Arrangement of Uses.

The location and arrangement of all authorized uses in the PD district shall be consistent with the Design Plan approved with the district.

Limitations on Residential Uses.

Proposed lot sizes for residential uses in the PD district shall be no smaller on average than the lot sizes allowed in the base zoning district for each type of housing (e.g., single-family, duplex, etc.). A maximum of ten percent (10%) deviation in the size of the lots is permitted in order to provide improved design, or to provide flexibility in the layout of the subdivision or diversity in lot size choices.

6-3.2

Design Plan Deviations

Refer to subsection 6-7.1(C) [6-8.1(C)] for regulations related to deviations from the Design Plan.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 6-4 Development Standards.

6-4.1

Base Zoning Districts - Uses & Standards

Base District and Supplemental Standards.

In a PD district, uses shall conform to the standards in the base zoning district governing area, building and height requirements in this ordinance, and any applicable supplemental standards, unless specifically excepted in the ordinance establishing the PD district.

Overlay Zoning District Standards.

In a PD district, standards otherwise applicable to authorized uses in the base zoning district or pursuant to this ordinance may be varied, and thereafter shall be applied to the uses established in the PD district, only if approved in the ordinance establishing the PD district.

Standards that may be varied include residential density (subject to subsection 6-2.3(B) above), lot area, lot width, lot depth, yard depths and widths, building height and size, building exterior construction, lot coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signage, sidewalks, and lighting.

Varied standards may increase or decrease the requirements otherwise applicable to particular uses.

Any graphic depictions used to illustrate such standards, unless otherwise provided in the PD district regulations, shall be considered standards that apply to subsequent development applications.

6-4.2

Public Facilities Standards & Studies

Public Facilities Standards.

In order to implement the plan of development depicted in the Design Plan and to assure that the purposes of the district are realized, public facilities standards in subdivision regulations may be varied, provided that such exceptions are expressly identified in the PD district regulations and illustrated where necessary on the Design Plan incorporated as part of the district regulations. Thereafter, standards applicable to plat applications and applications for site plans shall conform to the variations approved in the ordinance establishing the PD district.

Public Facilities Studies.

In order to justify variations from public facilities standards pertaining to provision of roadway and drainage facilities and to demonstrate compliance with the adequate public facilities policies in this ordinance, a traffic impact study or drainage study may be required as a pre-requisite for approving a petition for a PD district.

6-4.3

Underground Utilities Required

All utilities within planned unit developments, including telephone, television cable, and electrical systems shall be installed underground. Primary facilities providing service to the site may be exempted from this requirement. Large transformers shall be placed on the ground and contained with pad mounts, enclosures or vaults.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 6-5 Common Open Space Requirements.

6-5.1

Amount Required.

In residential or mixed-use PD districts of twenty (20) acres or more in size, unless otherwise expressly provided by the PD regulations or designated in the PD Design Plan, the following standards governing usable open space shall apply.

Planned unit developments shall maintain a total open space requirement equal to twenty-five percent (25%) of the gross area of the PUD. Open space requirements specified in this subsection are in addition to requirements for site landscaping and buffering.

Significant stands of native trees and shrubs shall be preserved and protected from destruction or alteration.

Open space requirements shall be satisfied for each phase of a multi-phased residential 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 district must be provided prior to completion of development within the district.

Detention/retention facilities may be counted as open space when they are incorporated into the PD as an amenity, such as a lake or pond. Determination of whether such facilities are deemed an amenity shall be made at the time of the Design Plan approval.

6-5.2

Completion of Common Open Space & Facilities

All common open space as well as public recreation facilities shall be specifically included in the PD Design Plan and be constructed by the developer.

Common open space and improvements including public or private parks, pools, recreation centers, or other facilities shall be constructed in conjunction with residential dwellings. Such facilities shall be completed at a rate equal to that which is capable of serving the number of completed residential units in the PUD.

The PD Design Plan shall specify the location and scope of common area improvements.

All improvements related to common open space and recreation facilities must be backed by performance bonds issued to the City in a form and quality acceptable to the City Attorney and the Community Development Director, before the issuance of the first residential building permits.

6-5.3

Maintenance

All privately owned common open space shall conform to its intended purpose and remain as shown in the PD Design Plan in perpetuity.

Deed restrictions and/or covenants shall govern the maintenance of privately owned common open space. Such restrictions and covenants shall provide for privately owned common open space to be maintained by private property owners with an interest in such open space. Required maintenance standards and/or maintenance activities shall be included in the covenants or restrictions. The deed restrictions and/or covenants shall provide for the city to assess private property owners with an interest in the open space for the cost of maintenance if inadequate private maintenance results in a public nuisance. Deed restrictions and covenants shall run with the land and be for the benefit of present as well as future property owners.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 6-6 Application Requirements.

6-6.1

Requirements

Specific Items Required.

No application for a PD shall be accepted by the City until the following items have been submitted to the City by the applicant.

A completed application form, including all requirements as stated on the application form;

A deed or contract on the property or similar document indicating ownership;

A Design Plan, prepared in accordance with Section 6-7 of this Ordinance;

A description of any development standards or requirements that are different from those in the base zoning district;

(5)

A description of how the proposed Planned Development fulfills the ideals, goals, objectives, and/or concepts of the City’s adopted Comprehensive Plan or any other formally adopted City planning document.

(6)

A description of how any development standards or requirements that are different from those in the base district fulfill the items listed in (1) through (8) of subsection 6-2.1(A).

(7)

The required application fee.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 6-7 General Application Process.

The approval of a PD District shall include a series of applications. A Design Plan shall be required for all applications. The application following the Design Plan shall be a Site Development Plan, if required by the City Council (refer to Section 6-11). If no Site Development Plan is required, a Site Plan meeting all requirements of Section 8-3 shall be required.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 6-8 PD Design Plan.

6-8.1

No PD district may be established without approval of a Design Plan that illustrates the proposed location and arrangement of uses, the relationship of such uses to base zoning districts, development phasing, planned public improvements, open space, proposed amenities and the overall design of the development.

The Design Plan shall be incorporated as a component part of the PD district regulations, and shall be construed in conjunction with the authorized uses and development standards set forth in such regulations.

Residential PD Design Plan:

A Design Plan for a development comprised of single-family or two-family (duplex) dwellings on individually platted lots shall show general uses, the topography and boundaries of the PD areas, existing physical features of the site, location of existing or proposed public facilities, phasing of the development, access, thoroughfares, alleys (if proposed), preliminary lot arrangements, proposed densities, proposed screening/fencing, landscaped or private amenity areas, project scheduling, and other pertinent development data.

Nonresidential, Mixed Use, or Multi-family PD Design Plan:

A Design Plan for any nonresidential, mixed use, multi-family, single-family attached, or manufactured (mobile) home development shall clearly show all pertinent aspects of the type and nature of the proposed development. The Design Plan shall show the types of use(s) proposed; access, topography and boundaries of the PD area; existing physical features of the site; existing and proposed streets, alleys, easements and lot lines; location of existing or proposed public facilities; building heights and locations; parking areas and ratios; fire lanes; screening/fencing and landscaped areas; conceptual project phasing and scheduling; and other pertinent development data to adequately describe the proposed development.

Detailed requirements for the contents of a Design Plan may be prescribed on an application form available from the Community Development Department.

Consistency Required.

All development applications within the PD district shall be consistent with the incorporated Design Plan. Failure of a subsequent development application to conform to the approved Design Plan for the PD district shall result in denial of the application, unless the PD district regulations first are amended through incorporation of a Design Plan with which the development application is consistent. The degree of conformity required between the Design Plan and subsequent development applications shall be set forth in the adopting ordinance.

Minor Deviations from Approved Design Plan.

In determining whether development applications are consistent with the Design Plan, minor deviations from the Design Plan may be approved by the Community Development Director. Unless otherwise specified in the adopting ordinance, minor deviations are limited to the following:

Corrections in spelling, distances, and other labeling that does not affect the overall development concept.

Changes in building position or layout that are less than ten feet (10') or ten percent (10%) in size.

Changes in the proposed property lines as long as the original stated project acreage is not exceeded.

Changes in parking layouts as long as the number of required spaces and general original design is maintained.

Major Deviations from Approved Design Plan.

All major deviations from the Design Plan shall be submitted to the Planning and Zoning Commission and City Council for approval as an amendment of the PD district.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 6-9 Approval Criteria for a Planned Development District.

6-9.1

Better Design

The principle purpose of a PD District is to provide a mechanism for better development than would otherwise occur within the City’s straight zoning districts. This purpose shall be used as a primary criterion for approval of any PD District.

6-9.2

General Criteria

The following criteria will be used by the City in deciding whether to approve, approve with modifications, or deny a petition for a PD district:[;]

The extent to which the land covered by the proposed PD district fits one or more of the special circumstances in Section 6-2.1(A) warranting a PD district classification.[;]

The extent to which the proposed PD district furthers the policies of the City’s adopted Comprehensive Plan (as amended) and other formally adopted City planning documents, such as the Parks Plan.[;]

The extent to which the proposed PD district will result in a superior development than could not be achieved through conventional zoning classifications.[;]

The extent to which the proposed PD district will resolve or mitigate any compatibility issues with surrounding development.[;]

The extent to which proposed uses and the configuration of uses depicted in the Design Plan are compatible with existing and planned adjoining uses;

The extent to which the proposed development is consistent with adopted public facilities plans, including those related to water, wastewater, transportation, drainage and other public facilities; and

(G)

The extent to which the proposed open space and recreational amenities within the development provide a superior living environment and enhanced recreational opportunities for residents of the district and for the public generally.

6-9.3

City Council Conditions

The City Council may impose such conditions to the PD district regulations and Design Plan as are necessary to assure that the purpose of the PD district is implemented.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 6-10 Adopting Ordinance.

6-10.1

Items Specific to the Ordinance

The ordinance establishing a PD district shall incorporate the approved Design Plan as part of the district regulations and shall set forth the following:

The base zoning district(s) to be overlaid, together with the boundaries of the district(s);

A statement as to the purpose and intent of the PD district established therein;

The permitted, conditional and accessory uses authorized in the district, the location of such uses, the residential densities or other measurements of development intensity associated with base districts or phases of the development in conformance with the approved Design Plan;

The general standards applicable to development within the district, with or without reference to the base district, including but not limited to: density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and such other requirements as the City Council may deem necessary in order to implement the Comprehensive Plan, and the purposes of the PD District;

Provisions stating that all zoning standards not expressly set forth for the district in the adopting ordinance shall be as provided in the base zoning district(s), and that any standard in this ordinance that has not been expressly varied in the adopting ordinance shall be applicable to subsequent development permits for land within the PD district;

Design standards applicable to the development;

(G)

A specific list of deviations from standards in the base zoning district(s), together with any standards in the ordinance which are to be varied for development within the PD district;

(H)

Required dedications of land or public improvements;

(I)

A phasing schedule for the project, where applicable, setting forth the dates for submittal of site development plans and the timing of performance by the developer for dedications of land or public improvements and satisfaction of any conditions in relation to the phasing of development, where applicable;

(J)

Identification of the levels of the deviation allowed between the Design Plan and subsequent development applications, which may be approved by the Community Development Director;

(K)

Specification of whether a Site Development Plan(s) is required to implement the district regulations;

(L)

Such additional conditions as are established by the City Council to assure that the PD district and Design Plan are consistent with the stated purposes of the district.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 6-11 Site Development Plan.

6-11.1

Requirement & Contents

Where required by the adopting ordinance, a Site Development Plan shall be the final step of the development process within a PD district. The purposes of a Site Development Plan are to assure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved Design Plan and to assure that the standards applicable within the PD District are met for each such lot, parcel or tract.

Contents of Site Development Plan.

All applications and related contents shall be submitted consistent with a requirements checklist supplied by the Planning Department.

6-11.2

Approval Process

The City Council shall determine whether a Site Development Plan is required as part of the adopting ordinance for a PD. If a Site Development Plan is determined to be required, such requirement shall be incorporated into the PD ordinance.

Delegation to Community Development Director.

The Community Development Director hereby is delegated the authority to approve, conditionally approve, or deny a Site Development Plan and all amendments thereto, subject to appeal to the Planning & Zoning Commission and City Council.

Timing with Preliminary Plat

The Site Development Plan shall be submitted and approved along with a preliminary plat, or

The Site Development Plan shall be submitted and approved prior to a preliminary plat.

Community Development Director’s Decision.

The Community Development Director shall approve, approve subject to conditions, or deny each Site Development Plan.

Approval Criteria.

The Community Development Director, in approving, conditionally approving, or denying a Site Development Plan, shall determine whether:

The plan complies with the applicable PD Design Plan and with the PD ordinance, including expressly conditions attached to the Design Plan or PD ordinance, within the levels of deviation specified in the PD ordinance.[;]

The plan complies with the standards and conditions of the zoning regulations and of other ordinances, rules and regulations of the City (to the extent that such standards and conditions are applicable to development within the PD District);

The traffic estimated to be generated by the plan is generally consistent with any original, Council approved traffic impact analysis;

The plan includes the necessary on-site or adjacent traffic improvements to accommodate traffic generated by the plan (e.g., turn lanes, stacking lanes, signalization, etc.); and

(5)

The drainage study for the plan indicates that the proposed development can be achieved without increasing the upstream or downstream water surface elevation on property owned by third parties and that detention and drainage areas will be improved in a manner consistent with the authorized design.

Conditions.

The Community Development Director, or the Planning & Zoning Commission on appeal, may establish such conditions to the approval of a Site Development Plan as are reasonably necessary to assure that the approval criteria are met.

(G)

Appeal.

If the Community Development Director approves a Site Development Plan with conditions or denies a Site Development Plan, the applicant may appeal the decision to the Planning and Zoning Commission by filing a written request with the City Secretary within ten (10) days after the Community Development Director’s decision. The Commission, after notice and public hearing, may sustain, reverse or modify the decision of the Community Development Director on the Site Development Plan. The decision of the Commission shall be final.

(Ordinance 08-059, ex. A, adopted 5/27/08)

§ 6-12 Lapse of Development in PD Districts.

6-12.1

Expiration of Design Plan and Site Development Plan.

Submittal Within 2 Years Required.

An application for approval of a Site Development Plan, plat or Site Plan (if a Site Development Plan is not required), as may be required, shall be submitted for approval within two (2) years of the date of establishment of the PD District, unless otherwise provided in the adopting ordinance. If a Site Development Plan, subdivision plat or Site Plan (if a Site Development Plan is not required) consistent with the Design Plan is not submitted within such period, the Design Plan shall expire.

[Reserved.]

Expiration of an approved Design Plan shall result in suspension of the authority to submit a Site Development Plan, plat or Site Plan (if a Site Development Plan is not required) related to the original Design Plan. A new Design Plan must be submitted before the development process can continue.

An approved Site Development Plan shall expire if a preliminary plat application for single-family residential projects, or a Site Plan for any other type of project, is not approved within two (2) years of the date of approval of the Site Development Plan.

Expiration of the approved preliminary plat or Site Plan subsequently shall result in expiration of the associated Site Development Plan. If the preliminary plat or Site Plan is reinstated, the Site Development Plan shall be deemed to be reinstated as well.

Also see Section 8-1.4 of this Ordinance.

6-12.2

Ability to Submit a Site Development Plan.

Following expiration of the right to submit a Site Development Plan or other development application, the applicant shall retain the ability to submit a new Site Development Plan for a period of five (5) years following the original approval of the related Design Plan. Such new Site Development Plan may only be for the same approved PD project. However, any such new Site Development Plan shall adhere to any and all new standards and regulations that the City has adopted in relation to a Site Development Plan[.]

6-12.3

Ability to Retain the Rights to the PD Project.

Any PD project for which no Site Development Plan has been submitted for a period of five (5) years following the approval of the related Design Plan shall expire on the last day of that five-year period.

After such 5-year period has ended and the project expires, the Planning and Zoning Commission shall consider whether the undeveloped land within PD District should be changed to another zoning classification in accordance with the procedures for action upon a zoning map amendment pursuant to Section 8-2 of this Ordinance. The Commission thereafter shall recommend to the City Council whether the right to submit a Site Development Plan or other development application for the same PD project should be reinstated, or whether the property should be zoned to another classification.

Council Consideration & Factors.

The Commission’s recommendation (as outlined in (B) above) shall be considered by the City Council in accordance with procedures for action upon a zoning map amendment pursuant to Section 8-2 of this Ordinance. The Council shall determine whether the right to submit the Site Development Plan or other development application for the same PD project should be reinstated, or whether the property should be rezoned to another classification. In making such determination, the Council shall consider the following factors:

Whether the PD District remains consistent with the Comprehensive Plan;

Whether the uses authorized in the PD district are compatible with existing and planned land uses adjacent to the site;

Whether there are extenuating circumstances justifying the failure to submit a Site Development Plan or other development application during the applicable time period; and

Whether rezoning the property to another classification constitutes confiscation of a vested property right or deprives the owner of the economically viable use of the land.

Council Action.

Upon [subsections] (A), (B) and (C) above occurring, the City Council may take the following actions:

Reinstate the right to submit the Site Development Plan or other development application for the original PD project within a certain time, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of land within the PD district;

Modify the PD district regulations applicable to the property; or