(A) Purpose. Planned Unit Development (PUD) is intended to encourage innovative subdivision or site plan design and promote superior development. It is suitable for the comprehensive development of large tracts of vacant or substantially vacant land. The Planned Unit Development (PUD) District is intended for tracts for which a standard zoning classification may be inappropriate. Special circumstances that may warrant a PUD zoning classification include the following:
(1) Areas with environmental constraints which may require special design considerations for the preservation of environmental features not adequately protected under current ordinances; and
(2) Areas of special concern to existing or proposed residential neighborhoods where standard zoning may not adequately address concerns of land use intensity, buffering and screening, open spaces, tree preservation, cluster development, infill areas, undesirable activities or design features, access and transportation impacts, landscaping, lighting, signage, noise, air quality, protection of water resources, type of construction, type of building materials, allowable uses, design concept, architectural diversity, maintenance, height of improvements, building mass, square footage of residential units, setbacks, recreational amenities, covered parking, view preservation, historical preservation, public safety and welfare, or any other features for which special site conditions or other considerations may warrant innovative or custom design.
(B) Permitted uses. PUD may be utilized for any type of land use permitted in single family residential zoning districts within the city, provided all uses are compatible with adjacent uses and the Comprehensive Plan.
(C) Standards and criteria. When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstance, the departure from certain codes and ordinances. The adoption of an ordinance establishing a PUD District shall constitute authority for such flexible planning to the extent that the PUD, as approved, departs from City Codes and ordinances. However, each PUD must comply with the following criteria.
(1) Goals and objectives. Before approving a PUD, the City Council shall determine that it meets all of the following goals and objectives:
(a) The development in the proposed PUD is equal to or superior to development that would occur under the standard ordinance requirements;
(b) The proposed PUD shall be in harmony with the general purposes, goals, objectives, and standards of the Comprehensive Plan;
(c) The proposed PUD shall not have an adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare;
(d) The proposed PUD shall be adequately served by essential public facilities and services including streets, parking, drainage, water, wastewater facilities and other necessary utilities; and
(e) The proposed PUD shall be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district.
(2) Size. Creation of a PUD is only justified for development of tracts 30 acres or greater in size. There is no maximum size for a PUD. However, a PUD must consist of a parcel or group of parcels that form a single contiguous land unit. For this purpose, an ownership separated solely by the width of a public or utility right-of-way will be considered contiguous.
(3) Height and street requirements.
(a) Height. The height limitation for structures within the PUD shall be approved as part of the development plan to assure compatibility with adjacent developments and other portions of the PUD. Height may not exceed the maximum height allowance for similar proposed uses in Single Family Residential Zoning Districts within the city.
(b) Street. All pavement widths and curve radii, for public streets, shall be designed to assure adequate access by fire and emergency vehicles.
(4) General provisions.
(a) Developments within a PUD must comply with all other applicable ordinances not specifically waived by this section.
(b) The proposed PUD shall not waive any basic health or safety standards.
(5) Density.
(a) Maximum density. The maximum density shall be as specified in the PUD land development ordinance approved by the City Council, but shall be no greater than one and one-half times the density allowed without PUD zoning based on gross site acreage.
(b) Minimum lot sizes. Minimum lot sizes as required by the subdivision and zoning ordinances may be waived, provided that:
1. The overall density of the PUD shall not exceed one and one-half times the density permitted without a PUD designation;
2. The PUD provides for adequate buffers to assure compatibility with adjacent developments inside and outside of the PUD; and
3. The PUD preserves natural features on the site to the extent reasonably feasible.
(c) Density transfers and bonuses. Density transfers and bonuses may be granted within a PUD, which would result in a variety of densities for specific parcels within the PUD while maintaining the overall permitted density of the entire PUD.
(6) Impervious cover standards. The maximum impervious cover for the entire property within the PUD must conform to the impervious cover limitations for each of the water quality zones for that property. PUDs are not required to conform to any per lot requirements regarding impervious cover.
(7) Setback requirements. The proposed PUD may deviate from setback requirements in the zoning ordinance.
(8) Street and alley sizes. The proposed PUD may contain streets and alleys that deviate from the minimum street and alley size required by the Sunset Valley Code or ordinances.
(9) Location. Creation of a PUD is only justified for large tracts of land with street frontage along Ernest Robles Way or Highway 290.
(D) Designation of a PUD District.
(1) The designation of a PUD District shall be achieved though amendment to the zoning ordinance.
(2) The applicant for PUD approval shall submit a development plan and supporting documents shall form part of the ordinances and be attached as exhibits thereto.
(3) Prior to formal consideration of a plan for a PUD, the Planning and Zoning Commission and the City Council shall hold public hearings at which interested parties or citizens shall have an opportunity to be heard in the same manner as required for a rezoning application.
(4) The Planning and Zoning Commission may take action to:
(a) Recommend approval of the development plan as submitted;
(b) Recommend approval of the plan contingent on changes suggested by the Commission; or
(c) Recommend disapproval of the plan.
(5) The City Council may take action to:
(a) Approve the development plan as submitted;
(b) Amend and approve the plan as amended; or
(c) Disapprove the plan.
(E) Development plan.
(1) The development plan shall include both plans and written documents for the entire PUD area and shall specifically include the following as a minimum:
(a) The location and gross acreage of each density area including the dwelling intensity of any residential areas or the lot sizes and locations of any other uses within the PUD;
(b) A plan and written documentation of the locations and types of open spaces in the PUD, including their intended uses, finished landscaping, public access, and restrictions on development and access. This information shall include details concerning access to and through open spaces, restrictions or conditions on any development within each type of open space, and responsibilities for maintenance of landscape and access and improvements within open spaces;
(c) The location of the 25-year and 100-year floodplains and all public streets;
(d) The conceptual location and acreage of streets and common open space;
(e) The location, development, landscaping and maintenance criteria of all buffer areas, which shall include at a minimum the area within 100 feet inside the perimeter of the parcel, except for tracts fronting on Ernest Robles Way shall include a buffer area with an overall average in width of at least 125 feet, provided the width of the buffer shall never be less than 100 feet from Ernest Robles Way. Landscaped buffer areas may include naturally vegetated or undisturbed areas;
(f) The development controls, such as deed restrictions and federal wildlife restrictions, which will be applied to assure compatibility of the proposed development with adjacent existing development and zoning districts;
(g) The assurance of maintenance and continued protection of the PUD, including any of the common open space. This includes, but it is not necessarily limited to, restrictive covenants, home owners’ association agreements, maintenance agreements, deeds and agreements establishing easements and rights-of-way;
(h) The public dedications and physical improvements which will be undertaken to assure compatibility with adjacent land uses and the assurance that the development will not require any excessive expenditures by the city for road or utility improvements;
(i) A plan for the location of all public utilities;
(j) Drainage, water quality protection and flood control plans; and
(k) A plan showing the land uses, names of property owners, and density of adjacent to development within 200 feet of the boundary of the PUD.
(l) A plan and elevation drawings showing building facades and exterior details, fences, and landscaping and buffering, as will be seen from the vantage points of public street rights-of-way abutting the PUD. Included with such plans and elevations there shall be written documents that will assure adherence to and compliance with such plans and elevation details. The purpose of this provision is to provide assurance that the PUD will complement and enhance, not degrade, the visual quality of the land and buildings in the surrounding area.
(2) All plans shall be submitted as multiple copies, for review by each Planning and Zoning Commission member, each City Council member, and appropriate city staff. Plans shall adequately illustrate all of the required information at a scale no finer that one inch equals 100 feet and a sheet size no larger than 30 inches by 40 inches.
(3) Plans shall be submitted for review by the city staff at least 45 calendar days in advance of the first public hearing of the Planning and Zoning Commission for this amendment.
(4) Detailed site plans, showing details in excess of those required on the PUD Development Plan, may be required by the Planning and Zoning Commission or the City Council as part of a PUD approval.
(F) Changes to a development plan.
(1) Minor changes. Minor alterations to the development plan required by engineering or other circumstances that do not substantially change the concept of the PUD may be approved administratively by the Deputy City Administrator. Changes that reduce the intensity of the land use are minor changes.
(2) Major changes. Major changes such as increased density shall be submitted following the same procedure required in the original PUD application.
(G) Platting. Platting will be determined by the proposed development plan. The development plan must be approved prior to or simultaneously with the approval of any plat.
(H) Procedures.
(1) Pre-application conference. Prior to filing an application for PUD approval, the prospective applicant may request a pre-application conference with the Deputy City Administrator and other city officials as deemed to be appropriate. At the conference, the applicant shall present the general outline of the PUD proposal, evidenced schematically by sketch plans. If the applicant so requests, city staff shall, within ten working days, furnish the applicant with written comments regarding the conference, including any appropriate recommendations, to inform and assist the applicant in preparation of the development plan.
(2) Zoning requirements. All zoning procedures, including fee payment, shall be in accordance with this subchapter.
(3) Additional fees.
(a) Additional fees incurred by the city for review of the development plan by city staff and consultants shall be reimbursed to the city by the applicant in accordance with the city’s fee ordinance.
(b) Recording a PUD. The PUD ordinance approving the PUD shall be recorded in the official deed records of Travis County. The recording costs shall be paid by the applicant.