(A) The purpose of Planned Development (PD) is to provide an alternative zoning district to ensure flexible, innovative developments under controlled conditions which preserve the natural features of individual tracts and encourage developers to provide for open space in all areas not otherwise attainable under conventional base zoning districts.
(B) Review procedure. The following procedure shall be used for PDs:
(1) Step one: pre-application activities.
(a) Pre-application conference. A pre-application conference is required to be held. In addition, the applicant shall include a concept/schematic plan for review by the Director to help determine whether or not a proposed PD is the appropriate procedure for the applicant and the city. The concept/schematic plan shall include at a minimum the following:
1. Proposed uses;
2. Number and type of units;
3. Floor area of all buildings;
4. Floor area of each use for mixed-use buildings (if applicable);
5. Proposed parking capacity and configuration;
6. General site planning layout and phasing; and
7. Summary of proposed deviations from the City's Code of Ordinance standards and a description of compensating public benefits achieved through the PD process.
(2) Step two: application submittal and processing.
(a) Generally.
1. The PD application shall be submitted and accepted, and may be revised or withdrawn.
2. An application for rezoning to a PD shall include a PD plan.
(b) PD plan.
1. Generally.
a. The PD Plan establishes the development regulations for a planned development and specifically identifies where there are deviations from the Code of Ordinances.
b. The PD Plan shall include a development plan map.
c. Unless specifically modified by the PD Plan, the PD shall comply with all standards in the Code of Ordinances, as amended.
d. Where the applicant is proposing deviations from the zoning provisions of the Code of Ordinances, the applicant shall specify both the existing regulations and the wording of each corresponding substitution, as proposed. The proposed PD district shall represent a quality development when weighed overall against the standards in the Code or the alternative regulations proposed by the applicant.
e. The PD plan shall be reviewed by the Director of Public Works and the Planning and Zoning Commission, whose recommendations are forwarded to the City Council for review and approval.
f. Approval of the PD plan is required prior to approval of a development permit in a PD zoning district.
2. Public benefits to be provided. When an applicant is proposing deviations from the zoning provisions of this code to establish a PD zoning district, the applicant shall demonstrate how the proposed PD zoning district will generally provide public benefits to justify the increased flexibility offered by the city through the PD procedure.
(c) Concurrent comprehensive plan amendment review. A comprehensive plan amendment application may be reviewed concurrently with a PD application.
(d) Concurrent subdivision review. A subdivision application submitted under Chapter 155 may be reviewed concurrently with a PD application. A preliminary plat for a PD shall only be approved following approval of the rezoning to PD.
(3) Step three: staff review and action. The Director of Public Works shall review the PD application and prepare a staff report and recommendation in accordance with the approval criteria below.
(4) Step four: scheduling and notice of public meetings/hearings. The PD application shall be scheduled for public hearings before the Planning and Zoning Commission and City Council, and noticed in accordance with applicable law.
(5) Step five: review and decision.
(a) Planning and Zoning Commission review and recommendation. The Planning and Zoning Commission shall review the PD application in accordance with the approval criteria below, and shall forward its recommendation to the City Council.
(b) City Council review and decision.
1. The City Council may review and approve, approve with conditions, or deny the PD application in accordance with the approval criteria below.
2. If the Planning and Zoning Commission recommends denial of the PD application, the rezoning shall become effective only by a 3/4 vote of all members of the City Council.
3. The City Council may also remand the PD application back to the Director of Public Works or the Planning and Zoning Commission for further consideration.
4. If the City Council remands the PD application back to the Director of Public Works or Planning and Zoning Commission, additional public hearings will be required before final adoption.
(c) Protest procedure.
1. The rules governing amendment over protest are contained in Tex. Local Gov’t Code, Chapter 211. The Director of Public Works may prescribe forms for protest petitions.
2. Property owners within 200 feet of a proposed rezoning, as indicated on the most recently approved city tax roll, may file a written protest against the rezoning. If written protests are received by owners of 20% or more of the area within 200 feet of the proposed rezoning, approval shall require three-fourths vote of the City Council for a rezoning to become effective. In such case, a supermajority vote shall not be required by the Planning and Zoning Commission.
(6) Step six: post-decision actions and limitations.
(a) Adoption of a planned development district. At the time a PD zoning document is approved by the City Council, it becomes an integral part of this code for that PD district established by the city on the property. All future development within the adopted PD district shall thereafter be in conformity with the PD zoning document for that property.
(b) Future development. Upon adoption of the PD district, the applicant may proceed with the development of the property in accordance with the PD zoning document and the PD development standards document by applying for preliminary and final plat(s) approval in accordance with the phasing plan in the PD district.
(c) Administration and enforcement.
1. While ownership of a project may subsequently be transferred (in whole or in part), PD zoning will continue to be implemented and maintained on the total acreage of the PD district. It is the responsibility of the owner to notify all prospective purchasers of the existence of the PD district and the PD development plan.
2. In the event that the applicant has failed to comply with the conditions adopted by the City Council in conjunction with the approved PD zoning document, the city may enforce the conditions of the PD under applicable law.
(d) Amendments to a planned development.
1. Generally.
a. The applicant or its successors may request amendments to the PD zoning document and or PD development standards document.
b. Amendments to the approved PD documents shall be delineated as major or minor amendments, according to the criteria set forth in this division.
c. Amendments to the approved PD documents will not affect development units not included in the proposed amendment.
d. Upon receipt of a PD amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment subject to the criteria in divisions 2. and 3. below.
2. Major amendments.
a. An amendment will be deemed major if it involves any one of the following:
i. A change in the overall PD district boundary;
ii. A significant change to the approximate boundary of one or more development unit(s) from that approved in the PD district, as determined by the Director of Public Works. A change to an individual development unit generally shall be deemed to be significant if it represents a 10% increase to the approximate gross area of the development unit as approved in the PD district;
iii. An increase of 10% or more of the approved number of projected dwelling units or gross leasable area (GLA) for an individual development unit;
iv. Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the Director of Public Works;
v. Any change in land use or density that is likely to negatively impact or burden mobility adjacent to the PD district or to the overall major street system; or
vi. Any other proposed change to the development plan, which substantively alters one or more components of the PD district.
b. If the Director of Public Works determines the amendment to be major, the amendment request shall be processed under the rezoning procedure described in division (B) of this section.
3. Minor amendments.
a. Amendments not meeting one or more of the criteria listed above for major amendments shall be considered minor. If the Director of Public Works determines the amendment to be minor, the Director may administratively act on the amendment and attach stipulations or conditions of approval thereto, to protect the public health, safety, and welfare.
b. At least 15 days prior to consideration of a requested minor amendment by the Director of Public Works, notice of the proposed minor amendment shall be mailed to each owner of property wholly or partly within 200 feet of the affected development unit(s) to which the amendment relates.
c. If written protest to any minor amendment is received from any notified property owner within ten days of the notification mailing date and such protest cannot be resolved, then the minor amendment shall be reclassified as a major amendment. No additional application shall be required; however, all provisions governing major amendments shall then apply.
d. If written protest is not received as described above, the Director of Public Works shall render a decision on the minor amendment request.
e. The Director's decision shall be final unless appealed to the Planning and Zoning Commission in division 4. below.
4. Administrative decision appeals.
a. The applicant or a property owner within 200 feet may appeal an action or decision by the Director of Public Works on minor amendments to the Planning and Zoning Commission within ten days from the date of the Director's decision.
b. Appeals shall be in writing on a form provided by the Director of Public Works and shall include only the specific items being appealed.
(7) Rezoning to PD approval criteria. In reviewing a proposed rezoning to a PD district, the Planning and Zoning Commission and City Council shall consider the general approval criteria in Chapter 156 and whether and to what extent the proposed PD district:
(a) Complies with the goals of the comprehensive plan;
(b) Complies with this Code, except where modifications are expressly authorized through the PD zoning document, the PD development standards document, and in the PD development plan map;
(c) Provides a greater level of building design quality, community amenities, and connectivity than would be required if the project were not being developed in a PD district;
(d) In the case of proposed residential development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding area;
(e) In the case of proposed non-residential uses or mixed-uses, that such development will be appropriate in area, location, and overall planning for the purpose intended; and
(f) The provisions for public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks are adequate to serve the anticipated population within the PD district.
(C) Planned development standards.
(1) Unless specifically modified by the PD Plan during the rezoning to PD procedure established above, the PD shall comply with all standards of this code, as amended.
(2) Where the PD standards conflict with the standards in this code, the regulations of the approved PD Plan shall control.
(D) Before a Final Plat is approved, capital improvement fees currently due shall be escrowed with the city in accordance with the capital improvement fee ordinances.
(Ord. 483, passed 6-6-2000; Am. Ord. 820, passed 8-2-2022)