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AGENDA
PLANNING AND ZONING COMMISSION
Executive Conference Room
3rd Floor of City Hall - 100 Main Street
Thursday, January 20, 2005
WORKSESSION
6:30 P.M.
There will be a work session for the Planning and Zoning Commission
The purpose of the work session is for the Planning and Zoning Commission to
review and discuss the following:
1. Master Thoroughfare Amendment
2. PUD Regulations
Amy Shelley, Planning and Zoning Assistant
Posted: Thursday, January 13, 2005, 4:30 p.rn.
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Texas
PLANNING & ZONING COMMISSION
WORKSHOP AGENDA BRIEFING
Agenda Date:
Subject:
January 20, 2005
Thoroughfare Plan Amendment
You will recall that one of the recommendations contained in the recently approved
2004 Master Plan involved an amendment to the Master Thoroughfare Plan to change
the general alignment of the future four-lane north-south collector street that parallels
Precinct Line Road between McDonwell School Road and L. D. Lockett Road.
With the reduction in the width of the future commercial area along Precinct Line Road,
the relocation of the north-south collector street will provide an excellent circulation
route in support of the Precinct Line Road commercial area and also serve as a physical
separator between the future commercial and residential areas. As properties are
platted, they would be required to dedicate their portion of the right-of-way and
construction the applicable part of the roadway.
There is also some concern regarding the need for a four-lane roadway for this
particular route. A two-lane facility constructed with a 60 foot right-of-way should satisfy
traffic circulation needs in this area and provide sufficient right-of-way width to
accommodate the trail route through this area. The current trail route shown on the
1999 Colleyville Pathways Plan is located immediately adjacent to Precinct Line Road.
One of the goals being considered in the update to the trails plan is to relocate the trail
route away from the busy traffic along Precinct Line Road.
Attached is an exhibit showing the general location of the future north-south collector
street as shown on the currently adopted Master Thoroughfare Plan. Also attached, are
exhibits showing alternate routes for the future roadway. Staff will discuss these
alternate routes and identify potential issues associated with each route at the
workshop. Upon agreement by the Commission at the workshop, staff proposes to
notify all affected property owners and schedule a public hearing before the
Commission for the second regular meeting in February 2005. The following are the
two issues to consider at the February 2005 public hearing:
1. Changing the location of the future north-south collector roadway or allow it to
remain as shown on the current Master Thoroughfare Plan.
2. Change the designation of the roadway from a four-lane collector street to a two-
lane collector street.
Location of future four-lane collector street
as shown on current Master Thoroughfare Plan
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Texas
PLANNING & ZONING COMMISSION
WORKSHOP AGENDA BlUEHNG
Agenda Date:
Subject:
January 20, 2005
Review PUD Regulations
Planned Unit Development (PUD) zoning became increasingly popular during the early
1960's in response to many perceived problems associated with traditional zoning and
subdivision practices around the country. Developers often complained to
municipalities that under traditional straight zoning, only the best lands could be
developed, leaving many parcels undeveloped due to higher development costs and
causing a hop-scotched pattern of neighborhoods with no interconnectivity.
Most early subdivision developments had taken place on flat sites, which were cleared
of all trees to make construction economical. Developers argued that they should be
able to cluster development to achieve a higher density on the best parts of a tract and
utilize the un-developable parts for open space. This approach, it was argued, was
more sensitive to environmental issues, yet produced the same overall net development
density as a traditionally zoned tract. Benefits to the developer included lower overall
development costs by concentrating infrastructure investments and enhancing
residential developments with greenbelt amenities. Benefits to the community were
more open space areas and a pleasing rural atmosphere.
However, municipalities were not quick to accept PUD zoning during the sixties due to
the language contained in most state's enabling legislation, which required uniformity of
regulations within zoning districts. PUD's regulations tend to be variable and generally
do not comply with the uniformity requirement. It was not until model PUD ordinances
had been published in the mid-1960's by several nationally recognized housing and
development associations that PUD zoning became an accepted zoning practice
around the country.
The goals and objectives of PUD zoning generally focus on four issues: (1) flexibility in
development standards, (2) encouragement of innovative housing types and choices,
(3) provision of increased amenities; and (4) the role of negotiation and improved public
regulation of development.
The Colleyville Plan, recently adopted by the City Council, contains several goals and
objectives related to open space and PUD regulations. These goals and objectives
include:
· Promote greenbelts and buffer areas in front of subdivisions adjacent to major
thoroughfares
· Plan for all neighborhoods to have access to sidewalks and hike and bike trails
· Limit the amount of open space that can be utilized for detention ponds to 50% of
the open space area in a residential planned unit development
· Require amenities in residential planned unit development open space areas
such as benches, sidewalks, play areas to enhance the quality of the open space
· Ensure that open space areas function as quality areas for the neighborhood
· Establish a minimum size for open space
· Require tree planting or enhanced landscaping for PUD buffer areas along
streets
The current PUD regulations were adopted in 1977 as part of the overall zoning
regulations, and have changed little since that time. The regulations are quite lengthy,
contain many confusing and unnecessary sections and include minimum lot sizes for
single-family residential developments. Development patterns in Colleyville have
changed significantly since 1977, and the current regulations may not be achieving the
type of development desired by the Planning and Zoning Commission and City Council
and certain provisions in the regulations have been the source of considerable debate
among Commissioners and City Council members. Staff believes the regulations could
be revised to achieve the goals stated in The Colleyville Plan, and written in less.
confusing, more specific language.
Attached is a copy of the Colleyville PUD regulations, which have been modified to
address many of the issues discussed over the past several years during public
hearings on PUD rezoning requests. Also attached are copies of the current Colleyville
PUD regulations and those PUD regulations from several other communities for your
review and information.
Modified Colleyville PUD regulations
~APf
Section 3-410 PUD Planned Unit Developments
A. Purpose - The purpose of a Planned Unit Development (PUD) is to permit flexibility and
encourage a more creative, efficient and aesthetically desirable design and placement of
buildings, open spaces, circulation patterns and to best utilize special site features such as
topography, size and shape. This district may also be used to accommodate planned
associations of uses developed as integral land use units, including mixed uses, which may
be planned, developed and operated either by a single owner or a combination of owners.
This district is designed to encourage flexible and creative planning to ensure the
compatibility of land uses, to allow for the adjustment of changing demand to meet the
current needs of the community, and to provide for a development that is superior to what
could be accomplished in other zoning districts by meeting one or more of the following
objectives:
1. Provide for an innovative design of lots or buildings; increased open space areas for
recreational or leisure use; berms, greenbelts, trees, shrubs or other landscaping
features; parking areas, street design or access; or other development plans, amenities
or features that would be of special benefit to the property owner or community;
2. Protects or preserves topographical features, such as trees, creeks, ponds, floodplains,
slopes or hills.
B. Classification of Planned Unit Developments - Planned Unit Developments shall be
authorized by one of the following classifications, and shall be designated on the Official
Zoning Map in the following manner using the letter abbreviations of such districts.
1. PUD-R Planned Unit Development - Residential. A residential PUD may be designed to
accommodate the following development:
a. Dwelling units grouped into clusters, allowing an appreciable amount of land for open
space.
b. Projects with higher densities than conventional single family projects of the same
acreage.
c. Preservation or enhancement of areas exhibiting environmentally significant natural
features.
2. PUD-C Planned Unit Development - Commercial. A commercial PUD may be designed
to accommodate the following development:
a. Commercial, offices, professional services, retail and institutional uses and facilities
or combinations thereof developed in accordance with an overall development plan.
b. Single purpose commercial or industrial projects that involve innovative land
utilization.
C. General Requirements - The lot area requirements, setback requirements, and other design
or development regulations shall be established separately for each Planned Unit
Development. The amending ordinance adopting a Planned Unit Development may establish
these requirements specifically in the ordinance or by reference to another zoning district.
The Planning & Zoning Commission and City Council may alter such requirements when, in
their opinion, the proposed development's density and land use arrangements shown on the
concept plan would result in a more innovative siting of buildings and facilities which would
improve the usefulness of yard areas and their relationship to traffic circulation, admittance of
light and air to buildings, fire protection and usable open space.
H, Land Use ReQulations - A Planned Unit Development may allow any combination of land
uses that are permitted by the Land Development Code. A Planned Unit Development may
also be approved for specific uses or a class of generic uses, such as single family
residential, office, retail, commercial or educational facilities.
The list of permitted uses for every Planned Unit Development shall be described in the
approving ordinance, which shall be established by one of the following criteria:
1. The permitted uses shall be those listed in Section III, Table of Permitted Uses, for the
base zoning district applied to the Planned Unit Development. Additional uses may be
permitted and specific uses may be prohibited.
2. The permitted uses may be listed without reference to a specific base zoning district.
3. The City Council may approve residential development in a non-residential PUD and non-
residential development in a residential PUD, provide said ancillary development does
not exceed ten percent (10%) of the total gross acreage of the PUD development.
D. Lot Size - The minimum lot size in a PUD-R district shall be 13,000 square feet, with an
average lot size of 16,000 square feet. Furthermore, the lot frontage may be adjusted to be
consistent with adjacent properties on the same street but shall not be less than 100 feet.
E. Densitv - The maximum residential density permitted in any PUD-R district, or in a PUD-C
district where residential uses are proposed, shall not exceed 1.8 dwelling units per gross
acre. This calculation shall exclude all proposed non-residential acreage from the gross
acreage.
F. Modification of Lot Size and Densitv - Modification of the minimum lot size or maximum
residential density may be allowed by the City Council when all of the following
circumstances are met:
1. The proposed modifications substantially meet the intent of the Master Plan and the Land
Development Code.
2. The proposed modification provides for better project design.
3. The development will facilitate the adequate provision of transportation, water, sanitary
sewer, drainage and open space in proportion with the type of development.
I. Open Space Requirements - For all residential uses within a Planned Unit Development,
common open space land shall be reserved primarily for the leisure and recreational use of
the occupants of the residential uses. The common open space shall comprise not less than
twenty percent (20%) of the gross residential project area. The required amount of open
space may be reduced by the Planning and Zoning Commission and City Council when a
lesser amount of such open space would be more appropriate to the density of development
or size of families or households proposed in the project, or where the availability and nature
of adjacent public open space is such that a lesser amount of common open space would
adequately protect the health, safety and welfare and promote the orderly development of the
residential uses.
1. Definition of Common Open Space. For the purpose of this section, common open space
is defined as follows:
a. Common Open Space may include:
i. Land area of the development accessible to and permanently reserved for the
common use and enjoyment of the occupants of the project for leisure and
recreational purposes
ii. Golf courses, parks, and other open greenbelt areas adjacent to the project,
whether publicly or privately owned, which are readily accessible
iii. Public school sites, excluding the area devoted to the buildings.
iv. Low-impact passive uses include conservation of open land in its natural state
(for example, woodland, fallow 'field, or managed meadow), neighborhood
squares, common areas, picnic areas, community gardens, walking trails,
bikeways, other kinds of pathways, and similar low-impact passive recreational
uses.
v. Active recreation uses including recreational playing fields, playgrounds, tennis
courts, neighborhood pools, and clubhouse structures.
vi. Other spaces as approved by the City Council
b. Common Open Space shall not include:
i. Land areas reserved for the exclusive use and benefit of an individual owner or
tenant.
ii. Public or private street right-of-way, parkways, alleys, driveways, parking or
loading areas
iii. Religious institutions or private school sites.
iv. Street medians or islands less than seven thousand five hundred (7,500) square
feet in area.
2. Guarantee of Common Open Space. Common open space provided in a PUD-R district
shall be guaranteed by a restrictive covenant describing the open space and its uses,
maintenance and improvement running with the land for the benefit of the occupants of
the PUD-R development. The applicant for a PUD-R may submit a draft copy of the
proposed covenants which will ensure the guarantees and, in particular, will provide for
restricting the use of common spaces for the designated purposes. The plat shall contain
a note stating that the common open space shall be maintained by the home owners
association.
In order to guarantee the preservation and maintenance of the common open space, one
of the following methods shall be required:
a. The common open space may be conveyed to the City or other public agency which
will agree to maintain the common open space and any buildings, structures or other
improvements.
b. The common open space may be conveyed to a homeowner's association or
property owner's association. The declaration of covenants and restrictions that
govern the association shall include, but not be limited to, the following:
i. The establishment of the association shall be made before any lot in the
development is sold or any building occupied.
ii. Membership must be mandatory for each building or property owner and any
successive owner.
iii. The common open space restrictions shall be permanent.
iv. The association shall be totally responsible for liability, insurance, property taxes,
and the maintenance of the common open space and any improvements.
v. The association must have the power to compel contributions from residents of
the development to cover their proportionate shares of the costs associated with
the maintenance and upkeep of the common open space areas.
3. Open Space Design Requirements.
a. The developer shall submit a description or plan of amenities to be included in the
open space areas. The amenities may include sidewalks and trails, benches,
pavilions, and play areas.
b. The amount of common open space used for storm water detention or retention
purposes shall be limited to fifty percent (50%) of the area of the common open
space. [50% as recommended by The Colleyville Plan; other resources suggest
25%]
c. If the open space area contains a pond that has a regular water level, the pond shall
include at least one (1) aeration device, such as a fountain, waterfall or underwater
device. [required to reduce algae growth, stagnation, reduce mosquito
problems, protect public health]
d. Open space areas adjacent to street rights-of-way shall be a minimum depth of
twenty-five (25) feet. The open space area shall be landscaped to include the
retention or planting of one (1) three (3) inch caliper tree per each fifty (50) feet of
street frontage.
J. ScreeninQ and landscapinQ - Requirements and standards for screening and landscaping
shall be established separately for each Planned Unit Development. Areas within any PUD
district not used for buildings, roadways, drives, parking areas and other similar features shall
be landscaped with grass, shrubs, trees and other appropriate vegetative cover, and such
shall be maintained in an aesthetic healthy growing condition.
K. Approval Process
a. Application Procedure - An application for a Planned Unit Development shall be made in
the same manner that an application for zoning change is made. The application shall be
processed according to the procedures specified in Chapter One of this land
Development Code.
b. Special Submittal and Exhibit Requirements - All applications for a Planned Unit
Development shall include a Concept Plan. The Concept Plan shall contain appropriate
information to describe the general land use configuration, proposed densities, proposed
amenities and proposed regulations.
The following items shall be shown on the Concept Plan:
i. Proposed layout, size and dimensions of all residential and non-residential lots
ii. Proposed land uses
iii. Height of all non-residential structures
iv. Elevation drawings of all non-residential structures
v. landscaping lighting, fencing and screening or common areas.
vi. General locations of existing tree clusters
vii. location and detail of perimeter fencing
viii. Design of ingress and egress with description of any special pavement treatments
ix. Calculations and location of off-street parking and loading facilities, if applicable
x. location and type of all signs, including lighting and heights, for parking lots and
common areas.
xi. location and description of subdivision signs and landscaping at entrance areas
xii. Street names on all proposed streets
c. Optional Preliminary Plat Submittal- An application for a Planned Unit Development may
include the submittal of a Preliminary Plat. The review and consideration of the
Preliminary Plat may run concurrently with the proposed zoning change. The Preliminary
Plat shall meet all the submittal requirements specified in Chapter 8 of this Land
Development Code.
d. Conditions Related to Approval - In establishing a Planned Unit Development, each
application shall be evaluated by the Planning and Zoning Commission and City Council
as to its probable effect on the adjacent property and the community. The Planned Unit
Development may be approved or denied as the findings indicate appropriate.
The Planning and Zoning Commission shall review the following conditions associated
with the proposed Planned Unit Development:
i.
ii.
iii.
iv.
v.
vi.
hts
xi.
xii.
xiii.
xiv.
xv.
xvi.
lots
The Planning and Zoning Commission may recommend safeguards or conditions of
approval to reduce the effect on adjacent or surrounding properties. The City Council
may require such development standards and safeguards as recommended by the
Planning and Zoning Commission.
Upon approval of a Planned Unit Development, the applicant shall proceed with platting
the property. Approval of a Preliminary Plat shall be required prior to submittal of a Final
Plat.
e. Amending the Planned Unit Development - Changes to any Planned Unit Development
or to its approved Concept Plan shall be processed in the same manner as the original
request.
Notwithstanding the above, the administrator of this Code may approve minor
modifications in an approved Concept Plan, provided the modifications:
i. Do not alter the basic physical relationship of the property to adjacent property;
ii. Do not change the permitted land uses;
iii. Do not increase the maximum density, floor area, height; or,
iv. Do not reduce the minimum yards or setbacks.
f. Effect of this Section on Existing Planned Unit Developments - Previously approved PUD
amending ordinances to the City's preceding zoning ordinance and Land Development
Code, including accompanying plans and supporting documents, shall remain in full force
and effect with respect to this Chapter and shall not be made to comply with the
provisions of this Chapter.
Current Colleyville PUD regulations
Section 3.23 PUD - R; C; I (Planned Unit Development Districts)
3.23.A PUD-R; PUD-C; AND PUD-I PLANNED UNIT DEVELOPMENT DISTRICTS (R-RESIDENTIAL; C-
COMMERCIAL; AND I-INDUSTRIAL
The regulations set forth in this Section, or as set forth elsewhere in this Chapter when referred to in this
Section, are the regulations of the PUD-R; C; or I; Planned Unit Development Districts.
3.23.B PURPOSE AND INTENT
The purpose and intent of this district is to accommodate planned associations of land uses developed as
integral land use units such as: industrial parks; office parks; commercial or service centers; shopping
centers; residential development of multiple or mixed housing types (Le., conventional single family
detached dwellings, duplexes, multifamily apartments, attached townhouses, condominium multifamily
dwellings, cluster homes, "0 - lot line" homes, and patio and atrium homes); and other appropriate and
compatible combinations of land uses which may be planned, developed and operated as integral land
use units, either by a single owner or combination of owners.
This district is designed to encourage the most appropriate uses of land, permit flexibility to encourage a
more creative, efficient, environmentally pleasing and aesthetic design regarding the spatial arrangement
of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of
special site and topographic features.
Development controls aimed at assuring the character, compatibility of mixed land uses, and harmonious
and timely development of the project are maintained through the establishment of standards specified for
various land uses, yards, site coverage by buildings, etc., which are determined by actual design and
incorporated into the amending ordinance of the zoning regulations. Likewise, site plans, development
schedules, draft restrictive deed covenants and draft property owner association covenants when
applicable, are required to be submitted.
The Official Zoning Map of the City only identifies those Planned Unit Developments (PUD's) that have
been previously approved by the City Council. The map does not forecast the location or type of planned
unit developments but assumes that every parcel of land within the community has the potential of being
appropriately planned under the regulations set forth herein; therefore, relies on the owner to initiate a
petition for zoning change.
3.23.C USE REGULATIONS
Land, buildings or structures within any "Planned Unit Development District" may be used for any
appropriate combination of principal uses, accessory uses, community facility uses, and special uses
permitted in any agricultural, residential, commercial or industrial district within the City; however, the City
Planning and Zoning Commission and City Council reserve the right to prohibit'and exclude certain uses
within any planned district when, in their opinion, the inclusion of certain uses would or could cause or
create an adverse impact within or to adjacent development, or be an otherwise inappropriate use within
the development or detrimental to persons or property both within or adjacent thereto. For the purposes
of these regulations planned unit development districts shall be confined to one of the following
designated classifications, and shall be designated on the Official Zoning Map in the following manner
using the letter abbreviations of such districts:
"PUD-R" - (Planned Unit Development - Residential);
"PUD-C" - (Planned Unit Development - Commercial);
"PUD-I" - (Planned Unit Development - Industrial).
3.23.D PERMITTED USES
1. "PUD-R" Planned Unit Development: Residential (where the majority of land use is designated
for residential purposes)
a. Any single purpose or mixed type of residential dwellings, including, but not limited to:
detached single family dwellings on conventional subdivision type lots; attached dwellings
such as duplexes and townhouses; "cluster housing," patio homes, atrium homes, "0 - lot
line" homes (with a maximum of one side wall of the dwelling in common with a side property
line), multifamily apartments, flats and condominiums of similar housing types.
b. Community Facility Uses, as approved by the City (and when intended to serve the
residential development).
c. Agricultural Uses, as approved by the City.
d. Commercial Uses, when a part of a residential development and as allowed in conformance
with the permitted uses and regulations of the "CN - Neighborhood Commercial District;" and
limited in total area to not more than (10) acres. Where the number of dwelling units
proposed in the "PUD-R" district indicates a need for a greater amount of commercial land
acreage than herein allowed, and the applicant desires greater flexibility or more permissive
commercial uses than those contained in the "CN" district regulations, the applicant shall
substantiate and document the need for such additional acreage and/or uses via a market
analysis or other similar method before such additional land acreage or uses are allowed and
approved by the City.
e. Special Exception Uses, as designated for the various residential and commercial zoning
districts in the "ML - Light Manufacturing and Industrial District", may be allowed by the
Commission and Council by right, within a "PUD-R" district, without review and approval by
the Zoning Board of Adjustment, including any restrictions imposed thereon. The extent and
locations thereof shall be shown on the site plan and contained in the supporting documents
herein required.
f. Accessory Uses, customarily incidental and secondary to any allowed principal uses allowed
in the respective residential districts or commercial district, with respect to the type of
residential or nonresidential uses proposed in the "PUD-R" district.
2. "PUD-C" Planned Unit Development - Commercial (where the majority of land use is designated
for commercial purposes)
a. Shopping centers, commercial or service centers, office parks, major recreational and
entertainment facilities, and other similar business and commercial centers or facilities when
such uses are in conformance with the various commercial zoning district regulations of this
Chapter. Residential uses similar to those set forth in the "RMF - Multifamily Residential
District. "
b. Community Facility Uses, as approved and allowed by the City.
c. Special Exception Uses, as designated for the various commercial zoning districts in the "ML
- Light Manufacturing and Industrial District" may be allowed by right by the Commission and
Council within a "PUD-C" district without review and approval by the Zoning Board of
Adjustment, including any restrictions imposed thereon. The extent and locations thereof
shall be shown on the site plan and contained in the supporting documents herein required.
d. Accessory Uses, customarily incidental and secondary to any allowed principal uses with
respect to the type of uses proposed in the "PUD-C" district.
3. "PUD-I" Planned Unit Development - Industrial (where the majority of land use is designated for
industrial purposes)
a. Single or multi-purpose industrial parks of innovative land utilization allowing for an
appreciable amount of land reserved for open space, generous building setbacks with
landscaped front lawns, and joint usage (where feasible) of parking and storage areas. The
principal uses which may be permitted therein shall be as allowed and in conformance with
the regulations established for the various commercial and industrial zoning districts
elsewhere described in this Chapter.
b. Residential Uses, similar to those set forth in the "RMF - Multifamily Residential District."
c. Community Facility Uses, as allowed and when a part of an industrial or industrial-
commercial development, as approved by the City; except that public and semi-public
schools, churches, temples, synagogues and other places of worship are discouraged in this
district unless their locations are approved by the City Planning Commission and City Council
due to an overriding need for such use in an industrial area.
d. Special Exception Uses, as designated for the various industrial zoning districts in the "ML -
Light Manufacturing and Industrial District," may be allowed by right by the Commission and
Council within a "PUD-I" district without review and approval by the Zoning Board of
Adjustment, including any restrictions imposed thereon. The extent and locations thereof
shall be shown on the site plan and contained in the supporting documents herein required.
e. Accessory Uses, customarily incidental and secondary to any allowed principal use, with
respect to the type of uses proposed in the "PUD_I" district.
3.23.E PROHIBITED USES
Uses not expressly permitted in the various zoning district regulations of this Chapter are expressly
prohibited in any "PUD" district unless otherwise authorized and approved by the Planning and Zoning
Commission and City Council in conformance with the approving ordinance.
3.23.F OPEN SPACE REQUIREMENTS
In Residential Planned Unit Development districts containing residential uses, common open space
(whether dedicated to public use or owned and maintained in common by all or part of the occupants of
the PUD development through a property owner association) land shall be reserved primarily for the
leisure and recreational use of the project's occupants, and readily accessible thereto. The quantity of
common open space required shall comprise not less than twenty (20%) percent of the project area. Said
open space may be varied downward by the City Planning and Zoning Commission and City Council
when a lesser amount of such open space would be more appropriate to the density of development or
size of families or households proposed in the project, plus the availability and nature of adjacent publiC
open space. For the purpose of this Chapter, common open space is defined as follows:
1. Common Open Space includes:
Land area of the development accessible to and permanently reserved for the common use and
enjoyment of the occupants of the project for leisure and recreational purposes, for which said
area is not covered by buildings, structures or parking except that recreational facilities and
structures and their accessory uses and related parking may be located within said common open
space as long as their total impervious surfaces (paving, roofs, etc.) do not constitute more than
five (5) percent of the total common open space.
2. Common Open Space does not include:
a. Land areas reserved for the exclusive use and benefit of an individual owner or tenant.
b. Public or private streets, alleys, driveways, parking or loading areas, except as otherwise
allowed in paragraph 1. above.
c. Church or school sites.
d. Other buildings, structures or facilities than those allowed in paragraph 1. above.
e. Utility easements, and drainage easements less than one hundred (100') feet in width.
3.23.G MAXIMUM RESIDENTIAL DENSITY PERMITTED; AND DENSITY INCREASE BONUSES
1. The maximum residential density permitted in any "PUD-R, C and I" district, where residential
uses are proposed, shall not exceed the maximum residential density limits as permitted by the
existing zoning classification in which the PUD district is proposed; except as follows:
Upon the receipt of a zoning petition requesting a higher density within a Planned Unit
Development the Planning and Zoning Commission shall study and make a recommendation to
the City Council setting forth a density for the project identified as 'gross residential density.' The
City Council shall take this recommendation under advisement at its hearing to consider the
petition.
For the purpose of this regulation, "gross residential density" shall mean the sum total of all
residential land use area(s) of the project, including one-half (1/2) of any abutting streets located
within the boundary of the project.
2. Density Increase Bonuses. In an effort to increase the quality of a residential planned unit
development through the adequate provision of open space, community facilities, recreation
areas and other similar amenities and improvements, the Planning and Zoning Commission and
City Council may approve residential density increases for the amenities listed below and in the
amounts prescribed therefor.
a. Open space reservation shall be considered for residential density increases according to the
following provisions:
i. Each additional one (1) percent (1 acre minimum) of common open space (greater than
the requirement set forth in the "Open Space Requirements") up to a maximum of five (5)
percent of the total project areas, if improved, permits a maximum increase of gross
residential density of six (6) percent of the total number of units allowed on the remaining
balance of the land (after the extra open space is deducted to be used for residential
purposes). If said additional common open space is unimproved, as defined above, the
increase in gross residential density is reduced to one-half (1/2) of six (6) or three (3)
percent.
ii. Land within a designated 1 DO-year flood plain area, conveyed by easement or dedicated
to the City as permanent open space may receive additional density bonuses in the
following amounts:
a) Add four (4) percent to the percentages listed in paragraph (i) above for improved
open space; and three (3) percent for unimproved open space where such land is
dedicated to the City.
b) Add two (2) percent to the percentages listed in paragraph (i) above for improved
open space; and one (1) percent for unimproved open space where such land is
conveyed by easement to the City.
b. Dedication of public school or park sites may be considered cause for density increase when
such sites are of sufficient size and properly located so as to provide a direct benefit to the
community. Up to twenty (20) percent increase in density or floor area ratio, within the
proposed development may be granted by the Planning and Zoning Commission and City
Council where such site dedications conform in general location and size to the City's latest
approved Comprehensive City Plan and School District's general requirements. All
dedications, whether for school or park purposes, shall be made in favor of the City.
c. In no case shall bonus increases exceed fifty (50) percent of the total of all additional bonus
percentages added together for any purposes. All increases shall be taken on the same
initial "gross residential density."
3.23.H GUARANTEE OF COMMON OPEN SPACE
Common open space provided in any "PUD" district shall be guaranteed by a restrictive covenant
describing the open space and its uses, maintenance and improvement running with the land for the
benefit of the occupants, or public, of the PUD development. The applicant for a PUD may file with said
PUD zoning application a draft copy of the proposed covenants which will produce the aforesaid
land Develooment Code
City of Collevville. Texas
PUD zoning application a draft copy of the proposed covenants which will produce the aforesaid
guarantees and, in particular, will provide for restricting the use of common spaces for the designated
purposes, for general review and approval by the Planning and Zoning Commission. At the time a "final
plat" of the development is filed with the City for approval, the final legal documents regarding the
approved covenants relative to the open space, shall be submitted to the City for approval. In order to
guarantee the preservation and maintenance of the common open space, one of the following methods
shall be required by the City for City Council approval:
1. It may be conveyed to the City or other public agency which will agree to maintain the common
open space and any permitted buildings, structures or other improvements placed thereon.
2. If the common open space is not conveyed to the City or other public agency, the covenants
governing the use, improvements, and maintenance of the common open space may authorize
the City or other public agency to enforce their provisions.
3. If deeded to a property owners association or trustees thereof, the declaration of covenants and
restrictions which is to govern the association shall include, but not be limited to, the following:
a. Membership must be mandatory for each building or property buyer and any successive
buyer, affected by the common open space.
b. The common open space restrictions must be permanent, and not just for a period of years.
c. The association shall be totally responsible for liability, insurance, local taxes (if assessed),
and the maintenance of the common open space and any improvements thereon.
d. Affected property owners shall pay their pro rata share of all costs associated therewith; any
assessment levied by the association can become a lien on the property.
e. The association must be able to adjust the assessment rate to meet changing needs.
3.23.1 SCREENING AND LANDSCAPE REQUIREMENTS
Requirements and standards for screening of certain residential and non-residential uses in any "PUD"
district shall be required and in conformance with the provisions for "Fences, Free Standing Walls, and
Screening Materials" of this Chapter. Areas within any "PUD" district not used for buildings, roadways.
drives, parking areas and other similar features shall be landscaped with grass, shrubs, trees and other
appropriate vegetative cover, and such shall be maintained in an aesthetic healthy growing condition.
3.23.J ACCESS AND CIRCULATION
1. Vehicular Access - Principal vehicular access points shall be designed to permit smooth traffic
flow with minimum hazards to vehicular or pedestrian traffic.
2. Emergency Access - Lots or tracts in any "PUD" district which do not abut a public street or alley
shall be provided with an "emergency access easement" dedicated to the City, of not less than
twenty (20) feet in width. Such easement shall be paved with an all weather driving surface, and
with such turning radii and turnarounds at the terminal ends so as to permit the free unobstructed
movement of emergency or City equipment to gain access and egress to the lot or tract. No
obstructions or parking shall be permitted within or allowed to interfere with the full use of such
emergency access easement, and said easement shall be permanently marked or signed to
identify its intended use. The words "Fire Lane" may be used to designate such easement.
3.23.K MINIMUM LOT SIZE REQUIREMENTS; MINIMUM YARD REQUIREMENTS; MAXIMUM
BUILDING HEIGHT; AND MAXIMUM LOT COVERAGE
The maximum height, lot width, lot depth, floor-area ratio and lot area, and the minimum off-street parking
and loading requirements for uses proposed shall be established for each Planned Development District,
and such standards and requirements shall comply with or be more restrictive than the standards
established in the following districts for the specified type uses:
.----.-----.--.--.-.-.....-....---....--...---.--........-.-.......----...-..-..---.....-.......-----.....----.................--...........--.............--.-.-.----....-..-.----.-----.----------.--
Chapter 3 - Land Use Page 3 - 37
land DeveloDment Code
City of Collevvilfe. Texas
Residential ,.,_,___ 1 R-MF____
,__-9J:!!ge ------________1-.,____________ C-F:Q___ _
Commercial Services i C-C -- ---
-~dustriaJor Manufacturin-------,,-'---'----- M-L '----------
The Planning & Zoning Commission and City Council may alter such requirements when in their opinion
the proposed development density and land use arrangements shown on the site plan would result in a
more innovative siting of buildings and facilities which would improve the usefulness of yard areas and
their relationship to traffic circulation, admittance of light and air to buildings, fire protection and usable
open space.
The average lot size in PUD-R is 16,000 square feet, with a minimum lot size of 13,000 square feet.
Furthermore, the lot frontage may be adjusted to be consistent with adjacent properties on the same
street but shall not be less than 100 feet.
3.23.M OFF-STREET PARKING AND LOADING REQUIREMENTS
Off -street parking and loading requirements pertaining to uses allowed in this district shall conform with
the provisions for "Off-Street Parking Requirements," and "Off-Street Loading Requirements."
3.23.N SITE PLAN AND SUPPORTING DOCUMENTS REQUIRED
Any application for a change in zoning district boundaries on the "Official Zoning Map" to establish any
PUD-R,C, or I district shall be accompanied by a site plan and supporting documents therefore, in
conformance with the provisions of Chapter 1 - General Provisions of this Land Development Code.
3.23.0 NATURE OF AMENDING ORDINANCE ApPROVING ANY "PUD" DISTRICT ZONING CHANGE
In approving any request for a zoning change for a "PUD" district the City Council shall, upon
recommendation of the Planning and Zoning Commission, incorporate in the amending ordinance
reference to the approved site plan, supporting documents and other conditions or restrictions imposed
on the project by the Commission, including those of the Council. The approval and adoption of the
amending ordinance by the City Council shall result in the appropriate change to the "Official Zoning
Map." However, the zoning change does not constitute recording of a "Final Plat" nor authorize the
issuance of building permits and "certificates of occupancy," until such time as a "Final Plat" and
supporting legal and construction documents have been prepared and submitted for City Council
approval on all or part of the proposed development, in conformance with the platting requirements and
procedures of this Land Development Code.
3.23.P REQUIREMENTS FOR "FINAL PLAT" SUBMISSION FOLLOWING ZONING CHANGE
Within a maximum of six (6) consecutive months, following approval of the "PUD" district zoning change
by the City Council, the applicant shall file with the City Planning and Zoning Commission a "Final Plat"
and necessary supporting documents of all or a part of the PUD district site, in conformance with the
Chapter 8 - Plat Review Procedures of this Land Development Code. At its discretion and for good
cause, the Planning and Zoning Commission may extend for six (6) months the period of filing for the
"Final Plat" upon written request by the applicant. Should the applicant fail to submit a "Final Plat" within
the six (6) month period following City Council approval of the zoning change, or by the termination date
of the filing extension granted by the Planning and Zoning Commission, the Commission may initiate
proceedings under Chapter 1 - General Provisions of this Land Development Code regarding
"Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special Use Permits," to
amend the Official Zoning Map by removing all or part of the Planned Unit Development (PUD) from the
Official Zoning Map and placing the area involved in another appropriate zoning district. The City Council
may uphold the Commission's recommendation and proceed to advertise and hold a public hearing
thereon, or may elect to continue the PUD district zoning classification in effect.
----.-.-.----~-~--._.--_...~-.--..-.---.-.----.---.-.-___.__.M.__________._...M..M.M._...___._..____.__.M.._..____.___.__.____.._.M..._..___.__.____
Chapter 3 - land Use
Page 3 - 38
3.23.Q COMPLIANCE WITH DEVELOPMENT SCHEDULE
An application for a Planned Unit Development District shall be accompanied by a development schedule
indicating the appropriate date on which construction is expected to begin and the rate of anticipated
development to completion. The development schedule, if adopted and approved by the City Council,
shall become part of the development plan and shall be adhered to by the owner, developer and his
successors in interest.
The development schedule shall be reviewed annually by the Building Inspector, and he shall report to
the Planning and Zoning Commission the actual development accomplished in the various Planned
Development Districts as compared with the development schedule. The Planning and Zoning
Commission may, if in its opinion the owner or owners of property are failing or have failed to meet the
approved schedule, initiate proceedings under Chapter 1 - General Provisions of this Land Development
Code regarding "Amendments, Frequency of Petition and Site Plan Requirements: Zoning and Special
Use Permits," to amend the Official Zoning Map or the Planned Development District by removing all or
part of the Planned Development District from the Official Zoning Map and placing the area involved in
another appropriate zoning district. Upon the recommendation of the Planning and Zoning Commission
and for good cause shown by the owner and developer, the City Council may also extend the
development schedule or adopt such new development schedule as may be indicated by the facts and
conditions of the case.
3.23.R EFFECT OF THIS SECTION AND RELATED SUBSECTIONS ON PREVIOUSLY ApPROVED "PUD"
ZONING CHANGES
Previously approved "PUD" amending ordinances to the City's preceding zoning ordinance, including
accompanying site plans and supporting documents thereof, shall remain in full force and effect with
respect to this Chapter and shall not be made to comply with the provisions of this Chapter.
City of Carrollton
CA~-rOt-J
ART XIX (PD) PLANNED DEVELOPMENT DISTRICT
ARTICLE XIX.
(PD)
PLANNED DEVELOPMENT DISTRICT
PAGE 217
SECTION A. PURPOSE.
1. The (PD) Planned Development District is intended to provide for combining and mixing uses into
integral land use units such as industrial parks; industrial, office and commercial centers; residential
developments with multiple or mixed housing types; or any appropriate combination of uses which may
be planned, developed or operated as integral land use units, whether by a single owner or a combination
of owners.
2. After a public hearing has been convened and proper notice to all affected property owners has been
made in accordance with Article XXXI ofthis ordinance, and after a recommendation by the Planning
and Zoning Commission has been submitted, the City Council may authorize the creation of a (PD)
Planned Development District on:
a. Residential developments on tracts of five (5) acres or more; or
b. Mixed use developments on tracts of five (5) acres or more; or
c. Developments on tracts ofless than five (5) acres when a determination has been made by the
Planning and Zoning Commission that the area to be rezoned cannot be rezoned to any other
zoning district without creating the potential of adversely affecting adjacent properties.
SECTION B. GENERAL PROVISIONS.
I. PERMITTED USES:
The uses to be permitted in any specific (PD) Planned Development District shall be enumerated in the
ordinance which creates such district. Any proposed amendment to the uses permitted within a specific
(PO) Planned Development District shall be submitted and processed in accordance with Section E of
this Article.
2. PROCEDURE:
a. The steps necessary to request creation of a (PO) Planned Development District shall be as
follows:
1. Preapplication conference between the applicant and the City Manager or his or her
designee for presentation and discussion of a preliminary drawing (Reference Section C
below);
CARROLL TON COMPREHENSIVE ZONING ORDINANCE
ART. XIX (PD) PLANNED DEVELOPMENT DISTRICT
PAGE 218
2. Submission of the formal application fonn for a change of zoning with all required
material.
b. Every (PD) Planned Development District approved under the provisions of this Article shall be
considered an amendment to the Comprehensive Zoning Ordinance and applicable only to the
property involved;
c. In carrying out the development of a (PD) Planned Development District, the development
conditions and the development schedule shall be complied with. Such conditions as are
specified for the development of a (PD) Planned Development District shall not be construed as
conditions precedent to the approval of the zoning amendment, but shall be construed as
conditions precedent to the granting of a Certificate of Occupancy by the city of Carrollton.
SECTION C. PREAPPLICATION REQUIREMENTS.
1. PREAPPLICATION CONFERENCE:
An applicant for a (PD) Planned Development District shall schedule a preapplication conference with
the City Manager or his or her designated representative prior to the formal submission of the
application materials.
At the preapplication conference, the applicant shall provide a preliminary drawing that includes, but is
not limited to, the following:
a. Delineation of site boundaries; and
b. General site layout indicating relationship of proposed land uses, parking, and street layout(s);
and
c. Proposed residential development densities; and
d. Approximate gross square footage of non-residential uses where applicable; and
e. Projected building heights; and
f. General topographic conditions; and
g. Significant environmental features, including flood plains and water courses; and
h. Delineation of approximate acreage for each land use specified.
Based on the information provided by the applicant, the City Manager or his or her designee shall
provide initial comments concerning the merits of the proposed development and provide any other
information necessary to aid the applicant in the preparation of the formal application.
CARROLL TON COMPREHENSIVE ZONING ORDINANCE
ART. XIX (PD) PLANNED DEVELOPMENT DISTRICT
2. APPLICATION SUBMISSION:
PAGE 219
Any person, group of persons, or corporation having a proprietary interest in any property may file an
application for a (PD) Planned Development District. Such application shall be submitted and processed
in accordance with Article XXXI of this ordinance.
3. FORMAL PUBLIC HEARING:
The Planning and Zoning Commission shall hold an advertised public hearing in accordance with the
procedures set forth in Article XXXI of this ordinance.
The Planning and Zoning Commission shall make its recommendation to the City Council in accordance
with the standard procedures for a change of zoning in the city of Carroll ton. The Planning and Zoning
Commission may recommend, and the City Council may approve the request for a (PD) Planned
Development District as submitted or make any modifications thereto as may be appropriate.
In approving the ordinance establishing the (PD) Planned Development District, the City Council shall,
after recommendation ofthe Planning and Zoning Commission, specify such height, floor area, density,
site coverage, setback, landscaping, off-street parking and all other standards as are appropriate for the
development which are considered necessary to protect the health, safety, and general welfare, and to
create a reasonable transition to, and protection from, property adjacent to the (PD) Planned
Development District.
SECTION D. DEVELOPMENT SCHEDULE.
1. If the applicant desires, or the Planning and Zoning Commission or City Council requires, a
development schedule shall be submitted indicating the approximate date on which construction is
expected to begin and the rate of anticipated development to completion. The development schedule
shall, if adopted and approved by the City Council, become part of the ordinance creating such (PD)
Planned Development District, and shall be adhered to by the owner, developer, and successors in the
interest;
2. The Planning and Zoning Commission or the City Council may, ifin their opinion the owner or owners
of the property are failing or have failed to meet the approved schedule, initiate proceedings to amend
the ordinance of the (PD) Planned Development District, or remove all or part of the (PD) Planned
Development District from the Official Zoning Map and place the area involved in another appropriate
zoning district. Such action shall occur in accordance with Article XXXI ofthis ordinance. Upon the
recommendation of the Planning and Zoning Commission, and for good cause shown by the owner or
developer, the City Council may extend the development schedule or adopt such new development
schedule as may be indicated by the facts and conditions of the case.
CARROLL TON COMPREHENSIVE ZONING ORDINANCE
ART. XIX (PD) PLANNED DEVELOPMENT DISTRICT
SECTION E. AMENDMENT TO (PD) PLANNED DEVELOPMENT DISTRICT.
PAGE 220
Any major amendment, supplement, deletion or modification to the (PD) Planned Development District may
be granted upon application by any person, group of persons or corporation having a proprietary interest
therein. Any application for such amendment, supplement, deletion or modification shall contain the
information specified in this Article and shall be processed in accordance with the procedures set forth in
Section C ofthis Article and Article XXXI ofthis ordinance. The City Manager or Designee may authorize
minor modifications that:
a. Do not alter the basic relationship of the proposed development to adjacent property; and
b. Do not alter the uses permitted; and
c. Do not increase the maximum density, floor area, height, or site coverage; and
d. Do not decrease the amount of off-street parking; and
e. Do not reduce the minimum yards or setbacks.
An applicant may appeal the decision of the City Manager or Designee to the Planning and Zoning
Commission for review and decision as to whether a formal amendment to the (PD) Planned Development
District shall be required.
SECTION F. COORDINATION WITH SUBDIVISION ORDINANCE.
1. It is the intent of this section that subdivision review under the subdivision regulations of the city of
Carrollton be carried out simultaneously with the review of a (PD) Planned Development District under
the provisions of this ordinance.
2. Both this ordinance and Appendix A of the Carrollton Code of Ordinances, otherwise known as the
Subdivision Ordinance, contain regulations which apply to such matters in the design of a (PD) Planned
Development District such as streets, utilities, and open spaces. In any (PD) Planned Development
District for which the provisions of the two ordinances are in conflict, the City Manager or Designee
shall submit a recommendation to the Planning and Zoning Commission, which shall determine which
standard shall prevail.
SECTION G. ELIMINATION OF SITE PLAN REVIEW FOR NON-RESIDENTIAL USES.
Effective February 17, 1998, the approval of a site plan by either the Planning and Zoning Commission or
the City Council, prior to the issuance of a building permit, shall not be required in Planned Development
Districts, approved prior to February 17, 1998, for non-residential uses. (Ord. No. 2314, 02/17/98)
CARROLLTON COMPREHENSIVE ZONING ORDINANCE
City of Desoto
De.~bTO
'to
OVERLAY AND SPECIAL DISTRICTS
Overlay and Prefix Districts shall be used in conjunction with base zoning districts. In the use of the following
overlay zoning classifications, the base district shall remain in effect if it is already in existence unless changed
by zoning amendment. New base districts or changes in existing base districts may be requested at the same
time overlay or prefix districts are requested.
SECTION 34
PO - PLANNED DEVELOPMENT DISTRICT
34.1 GENERAL PURPOSE AND DESCRIPTION
The City Council of the City of DeSoto, Texas, after public hearing and proper notice to all parties
affected and after recommendation from the Planning and Zoning Commission may authorize the
creation of a Planned Development District.
The Planned Development District is a district which accommodates planned associations of uses
developed as integral land use units such as industrial districts, offices, commercial or service centers,
shopping centers, residential developments of multiple or mixed housing including attached single-
family dwellings or any appropriate combination of uses which may be planned, developed or
operated as integral land use units either by a single owner or a combination of owners. A PO District
may be used to permit new or innovative concepts in land utilization not permitted by other zoning
districts in this Ordinance. While greater flexibility is given to allow special conditions or restrictions
which would not otherwise allow the development to occur, procedures are established herein to
ensure against misuse of increased flexibility.
34.2 PERMITTED USES
An application for a PO District shall specify the base distric~ the use or the combination of uses
proposed. Uses which may be permitted In a PO are specified In the Use Charts (Section 36) and
must be specified if not permitted in the base district. In the case of residential PO districts for single~
family or duplex categories, the proposed lot area shall be no smaller than the lot sizes allowed in the
base zoning district (Section 34.9 is exempt) except for minor changes in a small percentage of the
lots in order to provide improved design. In selecting a base zoning district, the uses allowed in the
base district must be similar or compatible with those allowed in the PD. PO designations shall not be
attached to SUP requirements. Specific Use Permits allowed in a base zoning district are allowed in a
PO only if specifically identified at the time of PO approval.
34.3 PLANNED DEVELOPMENT REQUIREMENTS
A. Development requirements for each separate PO District shall be set forth in the amending
Ordinance granting the PO District and shall include, but may not be limited to: uses, density,
lot area, lot width, lot depth, yard depths and widths, building height, building elevations,
coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings,
signs, lighting, project phasing or scheduling, management associations, and other
requirements as the City Council and Planning and Zoning Commission may deem
appropriate.
B. In the PO District, uses shall conform to the standards and regulations of the base zoning
district to which it is most similar and/or the District authorized in the PO Approval.. The base
zoning district(s) shall be stated in the granting ordinance. All applications to the City shall list
all requested deviations from the standard requirements set forth throughout this Ordinance
(applications without this list will be considered Incomplete). The Planned Development
District shall conform to all other sections of the ordinance unless specifically excluded in the
granting ordinance. ,
City of DeSoto Zoning Ordinance - August, 1997
Amended August, 2002
Page 54
C. The Ordinance granting a PO District shall include a statement as to the purpose and intent of
the PO granted therein. A specific list is required of modifications in each district or districts
and general statement citing the reason for the PD request
D. The minimum acreage for a planned development request shall be three (3) acres.
34.4 In establishing a Planned Development District in accordance with this section, the City Council shall
approve and file as part of the amending Ordinance appropriate plans and standards for each Planned
Development District. To facilitate understanding of the request during the review and public hearing
process, the Planning and Zoning Commission and City Council shall require a Conceptual Plan of the
proposed project. A Detailed Site Plan may be submitted in lieu of the Conceptual Plan.
A. Conceptual Plan or Concept Plan - This plan shall be submitted by the applicant at the time
of the PO request (for exceptions, see Section 34.5 [0]). The plan shall show the applicant's
intent for the use of the land within the proposed Planned Development District in a graphic
manner and as may be required, supported by written documentation of proposals and
standards for development. The City may prepare application form(s) which further describe
and explain the following requirements:
1. Residential Concept Plan - A Conceptual Plan for residential land use shall show
general use, thoroughfares and preliminary lot arrangements. For residential
development (such as multi-family) which does not propose individual platted lots, the
conceptual plan shall set forth the size, type and location of buildings and building
sites, access, density, building height, fire lanes, screening, parking areas,
landscaped areas, project scheduling, and other pertinent development data.
2. Nonresidential Concept Plan - A Conceptual Plan for uses other than residential
uses shall set forth the land use proposals in a manner to adequately illustrate the
type and nature of the proposed development Data which may be submitted by the
applicant, or required by the Planning and Zoning Commission or City Council, may
include but is not limited to the types of use(s), topography and boundary of PO area,
physical features of the site, existing streets, alleys and easements, location of future
public facilities, building height and location, parking ratios, project scheduling and
other information to adequately describe the proposed development and to provide
data for approval which is to be used in drafting the final Detailed Site Plan.
B. Oetailed Site Plan - This plan shall set forth the final plans for development of the Planned
Development District and shall conform to the data presented and approved on the
Conceptual Plan. Changes of detail on the Detailed Site Plan, which differ from the original
Concept Plan, but do not alter the basic relationship of the proposed development to adjacent
property, the uses permitted, or increase the density, building height or coverage of the site,
the off-street parking ratio or reduce the yards provided at the boundary of the site, or does
not significantly alter the landscape plans as indicated on the approved Conceptual Plan may
be authorized by the Planning and Zoning Manager. If an agreement cannot be reached
regarding whether a Detail Site Plan conforms to the original Concept Plan, the Planning and
Zoning Commission shall review the request and render judgment as to the conformity.
Approval of the Detailed Site Plan shall be the basis for issuance of a building permit, but does
not release the applicant of the responsibility to submit plans to the Building Official for a
building permit.
For any residential district, Agricultural through 2F. a preliminary plat shall qualify as the
Detailed Site Plan, except that the PO submittal shall contain the proposed unit sizes for each
of the proposed residential uses. The Detailed Site Plan may be submitted for the total area
of the PO or for any sections or part as approved on the Conceptual Plan.
1. The Detailed Site Plan shall Include:
City of DeSoto Zoning Ordinance - August, 1997
Amended August, 2002
Page 55
a. A site inventory analysis including a scale drawing showing major existing
vegetation, natural water courses, creeks or bodies of water and an analysis
of planned changes In such natural features as a result of the development.
This shall Include a delineation of any flood prone areas.
b. A scale drawing showing any proposed public or private streets and alleys;
building sites or lots; and areas reserved as parks, parkways. playgrounds,
utility easements, school sites, street widening and street changes: the points
of ingress and egress from existing streets; general location and description
of existing and proposed utility services, including size of water and sewer
mains; the location and width for all curb cuts and the land area of all abutting
sites and the zoning classification thereof on an accurate survey of the tract
with a topographical contour interval of not more than two feet (2').
c. A site plan for proposed building complexes showing the location of separate
buildings and the minimum distance between buildings, and between building
and property lines, street lines, and alley lines. Also to be Included on the site
plan is a plan showing the arrangement and provision of off-street parking.
d. A landscape plan showing turf areas, screening walls, ornamental planting,
wooded areas and trees to be planted.
e. An architectural plan (elevations, etc.) showing elevations and signage style
to be used throughout the development in all districts except single-family and
two-family may be required by the Planning and Zoning Commission or City
Council if deemed appropriate.
f. All Detailed Site Plans may have supplemental data describing standards,
regulations or other data pertinent to the development of the Planned
Development District as appropriate to adequately explain or understand the
request and which is to be included in the text of the amending ordinance.
34.5 Approval Process and Procedure - The procedure for establishing a Planned Development District
shall follow the procedure for zoning amendments as set forth in Section 10. This procedure is further
expanded as follows for approval of Conceptual and Detailed Site Plans.
A. The Planning and Zoning Commission and the City Council may approve the Conceptual Plan
or Detailed Site Plan or any section of the plan. separately or jointly, In public hearings. One
public hearing at the Planning and Zoning Commission and one at the City Council for the PD
request is adequate when:
1. The applicant submits adequate data with the request for the Planned Development
District to fulfill the requirement for a detailed site plan; or
2, Information on the Concept Plan and attached application is sufficient to determine
the appropriate use of the land and the Development Plan will not deviate
substantially from it
B. If the above two conditions are not met, then another public hearing must be held by the
Planning and Zoning Commission and City Council prior to approval of the detailed site plan.
C. The Ordinance establishing the Planned Development District shall not be approved until the
Conceptual and/or Detailed Site Plan is approved.
1. The Site Plan may be approved In sections. VVhen a Site Plan is approved in
sections, then separate approvals by the Planning and Zoning Commission and City
Council for the initial and subsequent sections will be required.
2. A Detailed Site Plan shall be submitted for approval within six (6) months from the
approval of the Conceptual Plan for some portion of the Concept Plan. If a partial Site
Plan is not submitted within six (6) months, the Concept Plan is subject to review by
the Planning and Zoning Commission and City Council. If some portion of the entire
City of DeSoto Zoning Ordinance - August, 1997
Amended August, 2002
Page 56
project is not started within two (2) years, the Planning and Zoning Commission and
City Council may review the original Concept Plan to ensure its continued validity. If
the City determines the concept is not valid, a new Concept Plan must be approved
prior to issuing a building permit for any portion of the PO District.
3. Although a public hearing may not be required for the Site Plan, approval by the
Planning and Zoning Commission and City Council is still required.
D. A Planned Development may be submitted and approved without a conceptual or detail site
plan if in the amending ordinance it is stipulated tha~ 1) conceptual and detailed site plans are
still required, 2) a public hearing In accordance with Section 10 is required at the time the
plans are submitted to the City, and 3) no development may occur until a detailed site plan is
approved.
34.6 When a PO District is being considered, a written report from the Planning and Zoning Manager
discussing the impact on planning. engineering, water utilities, electric, sanitation, building Inspection,
tax, police, fire, and traffic, and written comments from the applicable public agencies (such as the
school district and utility companies) shall be submitted to the Planning and Zoning Commission prior
to the Commission making any recommendations to the City Council. In the event written comments
are not forthcoming in a reasonable amount of time, the Commission may, at its discretion, make a
recommendation to the City Council.
34.7 All Planned Development Districts approved in accordance with the provisions of this Ordinance in its
original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map,
and a list of such Planned Development Districts, together with the category of uses permitted therein,
shall be maintained as part of this Ordinance.
34.8 Planned Development Ordinances Continued:
Prior to adoption of this Ordinance, the City Council has established various Planned Development
Districts, some of which are to be continued in full force and effect. The ordinances or parts of
ordinances approved prior to this Ordinance specified in Appendix A-1 shall be carried forth in full
force and effect and are the conditions, restrictions, regulations and requirements which apply to the
respective Planned Development Districts shown on the Zoning Map at the date of adoption of this
ordinance. Base districts which were established under preceding ordinances have been converted to
new base districts under this ordinance.
34.9 Uses or Developments Allowed Only by PO:
Because of the uniqueness of the following uses in DeSoto, they shall be permitted by PO designation
only:
A. Patio HomeslZero lot Line Homes
1. General Purpose and Description:
Patio homes allow for development of detached "zero lot line" homes in a modified
residential district which encourages greater use of the side yard areas. Clustered lot
patterns with a common usable open space system can be incorporated as an Integral
part of the development.
2. Height Regulations:
a. Maximum Height - Two and one-half (2%) stories for the main structure: one
(1) story for accessory buildings.
3. Area Regulations:
a. Minimum Front Yard - Twenty-five feet (25')
City of DeSoto Zoning Ordinance - August, 1997
Amended August, 2002
Page 57
b. Minimum Rear Yard - Twelve feet (12'); twenty feet (20') for structure
accommodating required off-street parking If provided access from a
dedicated or private alley
4. Side Yard Regulations:
a. Side Yard Setback: Side setbacks are one and one-half foot (1 %') maximum
on one side and a minimum of eight and one-half feet (8%') on the opposite
side. The dwelling shall be no closer than ten feet (10') between the face of
exterior walls of neighboring dwelling units.
b. No roof overhang, gutter or extension from a wall will be allowed to extend
over a property line.
c. The closest exterior roof line to an adjacent property shall be storm guttered if
the general slope of the roof falls toward the neighboring property.
d. Each adjacent lot shall provide an access or use easement, a minimum of
three feet (3'), adjacent to the "zero" (one-foot) side or there must be a three-
foot (3') setbacJ< from the adjacent "zero" side to allow the property owner
access for maintenance of his dwelling.
e. The majority of one side of the structure shall be located within three feel (3')
of one side lot line. The building wall which faces the "zero" side of the lot
shall not have any doors, windows, ducts, grills, vents, or other openings.
f. Minimum Side Yard Setback Adjacent to Street Right-of-Way: Fifteen
feet (15')
5, Size of Lots:
a. Minimum Lot Area - Five thousand (5,000) square feet;
b. Minimum Lot Width - Fifty feet (50')
c. Minimum Lot Depth - Ninety feet (90')
6. Maximum Lot Coverage - Fifty percent (50%) total, inCluding main and accessory
buildings
7. Minimum Area of Dwelling Unit - Each unit shall have a minimum floor area of one
thousand, five hundred (1,500) square feet.
8. Parking Regulations:
a. Two (2) enclosed spaces on the same lot as the main structure (see Section
38, Off-Street Parking and Loading Requirements)
City of DeSoto Zoning Ordinance - August. 1997
Amended August, 2002
Page 58
Town of Flower Mound
FLOWER. MooN.D
DIVISION 21. PO PLANNED DEVELOPMENT DISTRICT*
*Cross references: Businesses, ch. 18.
Sec. 98-811. Purpose and intent.
The PO planned development district is designed primarily to ensure a high quality of
development. It is intended for application in all land use designations on the land use map of the
comprehensive master plan, provided that the uses and development standards proposed are
consistent with such land use designations. In addition to the use and area regulations of this
division, development in the PO planned development district shall be in compliance with all other
applicable provisions of this chapter.
(Code 1989, ch. 12,9 3.26(a))
Sec. 98-812. Types of planned developments.
The town council, after public hearing and proper notice to parties affected and after
recommendation from the planning and zoning commission, may authorize the creation of the
following types of planned development districts:
(1) Shopping center on tracts of three acres or more.
(2) Residential development on tracts of five acres or more.
(3) Campus commercial or campus industrial parks or districts on tracts of ten acres or more.
(4) Medical center and/or hospital.
(5) Civic center and/or community center.
(6) Office, motel or hotel center on tracts of one acre or more.
(7) Mixed-use development on tracts of 30 acres or more.
(8) Recreation center.
(9) Research park or scientific research center.
(10) A combination of any of the types of planned development districts listed above.
(Code 1989, ch. 12, 93.26(b))
Sec. 98-813. Zoning exhibit requirement.
In establishing a planned development district in accordance with this division, the town council
shall require a zoning exhibit of the development. Such zoning exhibit shall be approved and filed
as part of the ordinance establishing the district prior to the issuance of any building permit in a
planned development district. Such required zoning exhibit and development standards shall, at a
minimum, address applicable comprehensive master plan features and shall comply with the
requirements enumerated in article IV of chapter 78 of this Code, comprehensive master plan,
zoning map and text amendments. Additional requirements may include, but not be limited to, the
following: ingress and egress to the property, private streets or drives, parking space, height of
building, maximum lot coverage, yards and open spaces, screening walls or fences, landscaping,
and other development and protective requirements, including maintenance, considered
necessary to create a reasonable transition to and protection of the adjacent property. A single-
family residence may be constructed on a platted lot of record located in a planned development
district without approval of a site plan, other than as required for a normal building permit.
(Code 1989, ch. 12,9 3.26(c))
Sec. 98-814. Development standards.
Every planned development application shall set forth the standard zoning district that will
establish the minimum use and area regulations for the entire planned development district, or for
an identified portion. In addition, the minimum standards set forth in the nondistrict regulations of
this chapter will apply to every planned development district. The development standards set forth
for the planned development district may be more restrictive, but may not be less restrictive, than
the minimum requirements of the specified district regulations or the other regulations of this
chapter. However, notwithstanding the foregoing, the town council may approve less restrictive,
and/or vary, development standards and minimum requirements for campus commercial and
campus industrial planned development districts.
(Code 1989, ch. 12,9 3.26(d))
Sec. 98-815. Approval and conditions.
Every planned development district approved under the provisions of this chapter shall follow the
procedure for and be considered an amendment to the zoning map. In approving the planned
development district, the town council may impose conditions relative to the standard of
development, and such conditions shall be complied with before a certificate of occupancy is
issued for the use of the land or any structure that is part of the planned development district, and
such conditions shall not be construed as conditions precedent to the approval of the zoning
amendment, but shall be construed as conditions precedent to the granting of a certificate of
occupancy. All planned development districts approved in accordance with the provisions of this
chapter shall be referenced on the zoning map, and a list of such planned development districts,
together with the category of uses permitted therein, shall be maintained in the office of the
director of community development.
(Code 1989, ch. 12,9 3.26(e))
Sec. 98-816. Status of prior approvals.
(a) In the planned development districts heretofore approved with specific minimum
development requirements that are more or less stringent than the minimum development
requirements contained in this chapter, the minimum development requirements set forth in such
planned development districts are ratified, confirmed and validated.
(b) In planned development districts numbered 11, 12, 13 and 14, the minimum development
requirements established in single-family level 2 for single-family detached dwellings shall apply
to single-family detached dwellings developed in single-family level 3.
(c) Obsolete zoning regulations.
(1) Planned developments approved prior to the effective date of the ordinance from which this
chapter is derived, and whose adopting ordinances reference regulations of the MF-1, W-2 or CC
districts, shall continue to be subject to the regulations of those districts set forth in sections 98-
1202--98-1204, but no new planned developments referencing such district regulations shall be
approved after the effective date of the ordinance from which this chapter is derived.
(2) Planned developments approved prior to the effective date of the ordinance from which this
chapter is derived and whose adopting ordinances reference regulations of obsolete districts,
shall be subject to the regulations of section 98-1205, obsolete district regulations.
(3) Single-family detached (medium density) dwelling units authorized as a permitted use in
planned developments approved prior to the effective date of this ordinance from which this
chapter is derived shall continue to be authorized in such areas according to the regulations of
section 98-1206, single-family detached (medium density), but no new planned developments
containing such uses shall be approved after the effective date of the ordinance from which this
chapter is derived.
(4) Planned developments approved prior to the effective date of the ordinance from which this
chapter is derived, and whose adopting ordinances are silent on or do not specify development
regulations for uses other than single-family detached (medium density dwellings) shall be
subject to the regulations of section 98-1207, obsolete planned development regulations, for such
uses.
(Code 1989, ch. 12,9 3.26(f))
Sec. 98-817. Permitted uses.
The following uses shall be permitted in the PD planned development district only at locations
specifically authorized by the establishing ordinance or site plan approving the planned
development district, subject to compliance with any applicable conditions and all other provisions
of this chapter. Approval of such uses when not specifically authorized shall require amendment
of the planned development ordinance or site plan, according to the procedures for zoning map
amendments set forth in section article IV of chapter 78 of this Code, comprehensive master plan,
zoning map and text amendments. Notwithstanding the foregoing, specific authorization shall not
be required for customary accessory uses.
Accessory dwelling, subject to section 98-983
Accessory use, general, subject to section 98-972
Accessory retail/service uses
Amusement and recreation (indoors), subject to section 98-973
Antique shop
Art gallery or handicraft sales
Art supply store
Assembly hall
Auto parts and accessory sales (indoors)
Auto repair garage
Auto leasing or rental
Bait and sporting goods sales
Bakery or confectionery, wholesale
Bakery or confectionery shop, retail
Bank or savings and loan
Boat storage and service
Book or stationary store or newsstand
Bottling works
Building material sales or storage (indoors)
Bus station or terminal
Cabinet and upholstery shop
Car sales, new or used
Car wash, full-service
Car wash, self-service
Car wash, automatic
Church or rectory
Cleaning shop or laundry pickup station
Cleaning, dyeing or laundry plant
College or university
Community center, public
Convenience store
Convent or monastery
Country club, private, subject to 98-978
Crop agriculture
Custom personal service
Dancehall
Day camp for children
Day care home
Drugstore or pharmacy
Dwelling, single-family detached
Dwelling, duplex
Dwelling, single-family attached
Dwelling, multifamily
Exhibition area or fairgrounds
Feed store
Fire station
Florist
Food processing
Fraternal club or lodge
Garage sale, subject to section 98-982
Golf course, private
Golf course, public
Greenhouse, wholesale
Hardware store
Heliport
Home occupation, subject to section 98-984
Hospital
Hotel or motel
Institution, drug or psychiatric treatment
Keeping of livestock or poultry, subject to section 98-985
Laboratory, medical and dental
Laundry, self-service
Lithographic or print shop
Local utility line
Maintenance service
Manufacturing, light
Manufacturing, general
Marina
Model home
Mortuary or funeral home
Motor vehicle fuel service station
Museum, library or art gallery, public
Nursing or congregate care facility
Off-street parking, accessory
Office, general business and professional
Office, medical or dental
Office-showroom/warehouse
Optical sales
Park or playground, public
Parking lot, trucks or trailers (transport)
Parking lot or structure, commercial
Personal improvement services
Pet store, subject to section 98-988
Plant nursery or garden shop
Private franchise utility (not listed)
Private utility shop, yard or building
Public building, shop or yard
Railroad freight or passenger station
Railroad track
Railroad team track
Recreation center
Recreation center, public
Repair services, limited
Restaurant, fast food
Restaurant, general
Retail, general (indoors)
Retail, single tenant (less than 25,000 square feet)
Retail, single tenant (25,000 square feet but less than 50,000 square feet)
Retail, single tenant (50,000 square feet but less than 75,000 square feet)
Retail, single tenant (75,000 square feet but less than 100,000 square feet)
School, elementary or secondary
School, commercial trade
School, business
Secondhand store
Sewage pump station
Sewage treatment plant
Stadium or playfield, public
Supermarket
Swimming pool, public
Swimming pool, commercial
Swimming pool, private, subject to section 98-996
Telephone equipment station
Theater
Tool rental (domestic equipment
Travel bureau or consultant
Vehicle and equipment sales or rental
Veterinary hospital (inside pens), subject to section 98-998
Warehousing and wholesale, general
Water well, storage or pump station
Welding or machine shop
(Code 1989, ch. 12,3 3.26(g); Ord. No. 14-00,39,2-17-2000; Ord. No. 08-01, 3 14.2-5-2001;
Ord. No. 09-01, 35,2-5-2001; Ord. No. 49-01, 38,7-16-2001; Ord. No. 48-03, 38.8-18-2003)
Sec. 98-818. Specific uses.
The following uses shall be permitted in the PD planned development district only upon approval
of a specific use permit by the town council in accordance with the procedures and standards of
section 90-186, specific use permits; provided, however, that the specific use permit process shall
not be required if such uses are shown on the approved site plan for the planned development
district:
Airport or landing field
Caretaker or guard residence, subject to section 98-975
Cemetery or mausoleum
Communication tower, commercial, subject to 98-977
Convenience store with beer/wine sales
Convenience store with gasoline sales
Day care center
Electrical line/substation, high voltage, subject to section 98-979
Electrical energy generating plant
Helistop
Private club, subject to section 98-989
Recycling dropoff center, subject to section 98-990
Retail, single tenant (100,000 square feet or more)
Stable, commercial boarding or rental, subject to section 98-995
Supermarket with beer/wine sales
Transmission pipeline, subject to section 98-997
Temporary special event, subject to section 98-976
(Code 1989, ch. 12,3 3.26(h); Ord. No. 14-00,39,2-17-2000; Ord. No. 49-01, 3 8, 7-16-2001;
Ord. No. 76-03, 321,11-3-2003)
Sec. 98-819. Temporary uses.
The following uses shall be permitted in the PD planned development district only upon approval
of a temporary use permit in accordance with the procedures and standards of 78-87 of this
Code, temporary use permits:
AsphalUconcrete batch plant, temporary, subject to section 98-974
Carnival or circus, temporary, subject to 98-976
Field office, temporary
Refreshment stand, subject to section 98-991
Sales, temporary or seasonal, subject to section 98-992
Sales trailer, temporary, subject to section 98-993
(Code 1989, ch. 12, 3 3.26(i))
Sec. 98-820. Maximum residential density.
The overall net densities, exclusive of dedicated street rights-of-way, dedicated park land,
dedicated open space, and designated floodplain areas, of planned development district
residential areas within each comprehensive master plan land use designation shall not exceed
the following:
TABLE INSET:
Comprehensive plan
Maximum overall
Land use designation
Net density
Rural density
0.5 units per acre
Estate density
1.0 units per acre
Low density
2.9 units per acre
Medium density
4.4 units per acre
High density
14.0 units per acre
Nonresidential
14.0 units per acre
(Code 1989, ch. 12, ~ 3.260))
Sec. 98-821. Perimeter screening.
(a) Subdivision perimeter fences and walls constructed adjacent and parallel to the rights-of-
way of arterial and collector streets shall consist of masonry, stone, wrought-iron or tubular steel,
or a combination of such materials. Such fences and walls shall be a minimum of six feet in
height and shall have masonry or stone columns measuring a minimum of 24 inches by 24
inches, with monolithic tops, placed a maximum of 40 feet on center. Vertical or horizontal
spacing of members of wrought-iron or tubular steel fencing and their attachment to any column
shall not allow passage of a four-inch sphere. Wrought-iron and tubular steel fencing shall further
provide for approved plantings from section 82-277 of this Code, screening plant selection list,
placed three feet on center adjacent to all wrought-iron and tubular steel fencing. Such perimeter
fencing shall be located within a three-foot wide fence easement dedicated to the mandatory
homeowners' association for perpetual maintenance by such association. Parallel privacy fences
of wood or other construction shall not be allowed between the perimeter fencing and parallel
foundation lines on adjacent or contiguous lots. Notwithstanding the foregoing, wrought-iron or
tubular steel fencing of a minimum four feet in height may be allowed at the open end of cul-de-
sacs and between parallel streets, provided the fencing complies with all of the requirements
contained in this section other than height.
(b) Fences and walls constructed adjacent and parallel to dedicated park, trail or open space
areas shall consist of wrought-iron or tubular steel. Such fences and walls shall be a minimum of
four feet in height and shall have masonry or stone columns measuring a minimum of 24 inches
by 24 inches, with monolithic tops, placed a maximum of 40 feet on center. Vertical or horizontal
spacing of members of wrought-iron or tubular steel fencing and their attachment to any column
shall not allow passage of a four-inch sphere. Such wrought-iron or tubular steel fencing may
further provide for approved plantings from section 82-277 of this Code, screening plant selection
list, placed three feet on center adjacent to the fencing. Such fencing shall be located within a
three-foot wide fence easement dedicated to the mandatory homeowners' association for
perpetual maintenance by such association. Parallel privacy screening of masonry construction,
not exceeding 50 percent of the lot width, shall be allowed between the wrought-iron or tubular
steel fencing and parallel foundation lines on abutting lots. Approved plantings from section 82-
277, screening plant selection list, shall be placed three feet on center along the entire length of
that side of the masonry screening facing the wrought-iron or tubular steel fencing. Such masonry
screening shall be located a minimum distance of ten feet from the wrought-iron or tubular steel
fencing. Fences of wood shall not be allowed between the perimeter fencing and parallel
foundation lines on adjacent or contiguous lots.
(Code 1989, ch. 12,9 3.26(k))
Sees. 98-822--98-840. Reserved.
City of Mansfield
Ma~FIEtl9
~5100
ARTICLE 5. SPECIAL PURPOSE DISTRICT REGULATIONS.
Section 5000. General Provisions.
The special Purpose Article is designed as an inclusive Article that establishes sets of standards for
uses or areas that deserve specific, independent considerations. None of the districts contained in
this Article are cumulative.
Section 5100. PD, Planned Development District Regulations.
A. Purpose: This district is intended to accommodate unified design of residential, commercial,
office, professional services, retail and institutional uses and facilities or combinations thereof in
accordance with an approved comprehensive development plan. This district is designed to
permit flexibility and encourage a more creative, efficient and aesthetically desirable design and
placement of buildings, open spaces, circulation patterns and parking facilities in order to best
utilize special site features of topography, size or shape.
B. Permitted Uses: Uses permitted in a PD, Planned Development District, are set forth in Section
4400.
C. Development Standards and Regulations:
I. Height Regulations: The maximum height requirement for permissible uses in this district
shall be established on the approved development plan with due regard to site and general
area characteristics including land use, zoning, topography and setbacks, etc.
2. Density Regulations: The density requirement for development shall be established on the
approved development plan taking into account the goals and objectives, planning
principles, and guidelines in the adopted Master Land Use Plan.
3. Open Space Regulations: Provisions for public, private and common open space shall be
evaluated with due regard to density, site coverage, and physical characteristics of the site.
Common open space must be usable for recreational activities including but not limited to
playgrounds, trails, or other passive or active play areas. No open space shall be proposed
that is less than twenty (20') feet in width to accommodate a minimum section of trail
surface, landscape buffer area and space for maintenance. Ownership and maintenance of
these areas must be addressed with the plan proposal.
4. Off-Street Parking Regulations: The off-street parking requirements shall be established on
the approved development plan and generally in accordance with Section 7200, hereof. The
location, number of spaces and size of parking areas shall be evaluated with due regard to
vegetation, topography, and other physical characteristics of the site.
5. Setback Regulations: The setback requirements shall be established on the approved
development plan.
6. Masonry Construction Standards: The masonry construction standards shall be established
on the approved development plan.
7. Landscaping and Screening Regulations: The landscaping and screening requirements shall
be established on the approved development plan but shall not be less than the minimum
5100-1
S5100
requirements for development prescribed in Section 7300 of the Natural Resources
Management Ordinance.
8. Tree Preservation and Mitigation: Preservation of trees shall be evaluated with due regard to
aesthetics and other physical characteristics (e.g. topography, view corridors, utilities,
access) of the site. This evaluation should be made prior to the design and layout of
proposed improvements such that the environment suggests design. The requirements for
tree preservation and mitigation shall be established through the policies and procedures
prescribed in the Natural Resources Management Ordinance in cooperation with the
Landscape Administrator. The City deems it necessary that a developer consult with the
Landscape Administrator as early in the site search, acquisition and planning process as
possible so asto minimize negative impacts on the development.
D. Approval Procedures:
I. A concept plan shall be required as a pre-requisite to any application for PD, Planned
Development zoning.
2. The Planning & Zoning Commission and City Council will each hold a public hearing to
review the proposed concept plan. The review of the concept plan does not grant any
change in zoning. It merely allows the applicant to seek a conceptual review before
spending the necessary resources to prepare a development plan.
3. After the concept plan review and a favorable indication from Planning & Zoning and
Council, the applicant may submit a formal application for zoning change to a Planned
Development District and for approval of a development plan. Such application shall be
submitted in accordance with the provisions of Section 8600. The procedures for hearing
said zoning change application and for approval of the development plan shall be the same
as for an application for any other zoning change.
4. The applicant has the option to by-pass the concept plan review process if prepared to submit
a development plan without any prior indication from the Planning & Zoning Commission
and City Council regarding the development concept.
5. Prior to considering an application for a zoning change to a Planned Development District
and development plan, the City Council shall request a recommendation from the Planning
& Zoning Commission.
6. After receiving the Planning & Zoning Commission's recommendation, the City Council
shall hold a public hearing to consider the application.
7. After the public hearing, City Council may approve the original application and
development plan or modifY the development plan as deemed appropriate by the City
Council.
8. The approved development plan and the associated development standards and regulations to
be observed on the Planned Development District shall be specified and incorporated as part
of the ordinance establishing the district. Every Planned Development District approved
under the provisions of this Ordinance shall be considered an amendment to the Zoning
Ordinance and Zoning Map.
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E. Concept Plan Application: An application for review and consideration of a Concept Plan
shall consist of the following:
1. A complete signed application as provided by the Planning Department or on the City's
website at www.mansfield-tx.gov
2. The appropriate fee in accordance with the current fee schedule adopted by City Council.
3. On a separate 8 W' X 11" exhibit, provide a metes and bounds description of the property
included in the concept plan boundaries, including the total acreage, signed and sealed by a
registered surveyor.
4. On a separate 8 W' X 11" exhibit, list the proposed specific land uses in detail and the
approximate acreage data for each use. If land uses are general, refer to the nearest, least
intensive zoning district that would accommodate the proposed use and any excluded uses.
Example: All uses permitted in the "C-3, Commercial District, excluding outside storage or
sales" .
5. An electronic copy of the plan in accordance with current established policy.
6. All large format drawings shall be folded to an approximate size of 8 W' X 11" with the title
block showing.
7. Fifteen (15) copies of the plan in 24" X 36" or 22" X 34" format, drawn at an acceptable
scale indicating all significant features of the proposed development to include:
a. A vicinity map locating the property in relationship to existing major thoroughfares.
b. Title block, preferably in lower right-hand comer, including the following: "Concept
Plan, name of development, survey and abstract number or recorded plat information,
city, county, state, date of preparation, acreage and number oflots".
c. Acceptable scale: 1" = 20', 1" = 40', 1" = 1 00' or as approved.
d. Type size is legible at full scale and when reduced.
e. North arrow, graphic and written scale in close proximity.
f. Name, address, phone and fax of owner/developer and the firm preparing the plan.
g. A map showing the boundaries of the different land uses and the boundary dimensions.
h. Adjacent or surrounding land uses, zoning, streets and other pertinent existing or
proposed off-site improvements, sufficient to demonstrate the relationship and
compatibility of the site to the surrounding properties, uses and facilities.
I. The location, height, setbacks and minimum floor areas for all buildings and if non-
residential, the floor area ratio.
J. The number, location, and typical dimensions of the lots, the setbacks, the number of
dwelling units, and number of units per acre (density).
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k. The location, type, and size of all fences, berms, or screening features.
1. When deemed necessary,the Planning and Zoning Commission or City Council may ask
for more information during the review of a Concept Plan.
F. Development Plan Application: An application for zoning change to PD, Planned
Development shall consist of the following:
1. A complete signed application as provided by the Planning Department or on the City's
website at www.mansfield-tx.gov The appropriate fee in accordance with the current fee
schedule adopted by City Council.
2. On a separate 8 Y:z" X 11" exhibit, provide a metes and bounds description of the property
included in the zoning change request, including the total acreage, signed and sealed by a
registered surveyor.
3. On a separate 24" X 26" or 22" X 34" sheet, drawn at the same scale as the plan, show the
approximate topography of the plan area, all water courses that will remain in a natural state,
100-year floodway and a 100-year floodplain per FEMA and other hydraulic and hydrologic
studies as necessary. Provide two (2) copies.
4. On a separate 24" X 36" or 22" X 34" sheet, drawn at the same scale as the plan, show
proposed and existing water and sanitary sewer locations. Also include the locations and
sizes of private water and sanitary sewer lines. Provide two (2) copies.
5. On a separate 8 Y:z" X 11" exhibit, list the specific land uses in detail and the acreage data for
each use. If land uses are general, refer to the nearest, least intensive zoning district that
would accommodate the proposed use and excluded uses. Example: All uses permitted in
the "C-3, Commercial District, excluding outside storage or sales".
6. A separate exhibit and documents indicating the traffic volumes, turning movements,
evaluation of ingress and egress existing and proposed, when required by the City Engineer.
7. An electronic copy of the plan in accordance with current established policy.
8. All large format drawings shall be folded to an approximate size of 8 Yz" X 11" with the title
block showing.
9. Fifteen (15) copies of the plan at 24" X 36" drawn at an acceptable scale indicating all
significant features of the proposed development to include:
a. A vicinity map locating the property in relationship to existing major thoroughfares.
b. Title block, preferably in lower right-hand comer, including the following:
"Development Plan, name of development, survey and abstract number or recorded plat
information, city, county, state, date of preparation, acreage and number oflots".
c. Acceptable scale: 1" = 20', 1" = 40', 1" = 100' or as approved.
d. Type size is legible at full scale and when reduced.
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e. North arrow, graphic and written scale in close proximity.
f. Name, address, phone and fax of owner/developer and the firm preparing the plan.
g. A map showing the boundaries of the different land uses and the boundary dimensions.
h. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing
or proposed off-site improvements, sufficient to demonstrate the relationship and
compatibility of the site to the surrounding properties, uses and facilities.
1. The location and size of all streets, alleys, parking lots and parking spaces, loading areas
or other areas to be used for vehicular traffic and the proposed access and connection to
existing or proposed streets adjacent to the plan area. Include a chart indicating the
number of required parking spaces by use, the method of calculation and the number of
proposed parking spaces.
j. The types of surfacing, such as paving (e.g. concrete, brick, turf, etc.) to be used at the
various locations.
k. The location and size of all fire lanes with all curb radii adjacent to the fire lane labeled.
The nearest fire hydrant dimensioned to the property comer and all proposed fire
hydrants.
1. The location, height, setbacks and minimum floor areas for all buildings, and if non-
residential, the floor area ratio. Include the following building details for non single-
family developments:
(l) Entrance and exits to the building.
(2) Architectural renderings or elevations of proposed structures with all exterior
materials for roofs, awnings, walls etc. labeled.
(3) Calculations of the masonry content on each fayade and in total for each
building. (Example: Area of front facade = h x I, percent masonry = 80%)
(4) Distance between buildings and distance from building to property lines.
m. The number, location, and dimensions of the lots; and the setbacks, number of dwelling
units, and number of units per acre (density). A graphic showing a typical lot layout,
with size and setbacks.
n. The location of all on-site facilities for liquid waste or method of temporary storage
pending disposal, including existing or proposed septic fields.
o. The location, size and type of each outside facility for waste or trash disposal. If no
facility is shown, provide a note indicating method of disposal and removal.
p. A tree survey locating all protected trees by type, size and species in aprinted and
electronic format, as required by the Landscape Administrator, and mitigation plan, if
required by the city's Natural Resources Management Ordinance. (Refer to the Tree
Preservation Application as found on the city's website.)
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q. A landscape plan showing all landscape setbacks and buffers; parking lot landscaping;
and any additional landscaping proposed. A chart indicating the size, length and width
of the landscape areas, with the required number of plants and the proposed number of
plants should be included on the plan. The landscape plan may be presented on a
separate exhibit on the same sheet size and at the same scale as the site plan.
r. The approximate location and size of greenbelt, open, common, or recreation areas, the
proposed use of such areas, and whether they are to be used for public or private use. If
private, indicate the proposed ownership.
s. The approximate location and size of required Parkland Dedication areas, as required by
the city's Parkland Dedication Ordinance for residential development.
t. The location, type, and size of all fences, berms, or screening features.
u. A plan, including elevations, showing location, size, height, orientation and design of all
signs regulated by the city's sign ordinance.
v. The location, size and type of all pedestrian areas, bike paths and sidewalks.
w. The location, size, type and purpose of any outside storage or outside display and
method of screening. Indicate the percentage of outside storage as compared to the
building square footage.
x. Phases of development should be shown and labeled. Provide a development schedule
indicating the start and finish date of each phase, broken down by use and acreage.
y. When deemed necessary,the Planning and Zoning Commission or City Council may ask
for more information during the review of a Planned Development. Likewise, they may
waive some of the information if the application is a simple request to deviate from the
existing zoning category on the property .
z. If applicable, show the following mandatory owners association notes:
(1) A mandatory owners association will be responsible for the maintenance of the
"insert list of private amenities and common areas here". (Example: screening
fences, common areas, parks, amenity centers, landscaping)
(2) The Owners Association and associated documents shall be filed in accordance
with the City of Mansfield policies. These documents must be reviewed by the
City Attorney prior to filing the final plat. The documents shall be filed with the
final plat at Tarrant County when deemed necessary by the attorney. The
documents shall be submitted in a timely manner to allow for a minimum of 60
days review. Failure to submit the documents or incomplete documents may result
in delay of construction, acceptance of the subdivision or delay in approval of a
building permit. The City does not accept the responsibility for any delays in
construction, approval or acceptance of the subdivision caused by the failure to
submit the association documents or the inaccuracy of the documents.
11. A statement that clearly indicates that the proposed development will be in complete
accordance with the provisions of the approved Planned Development District and that all
51 00-6
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Development Plans recorded hereunder shall be binding upon the applicant thereof, his
successors and assigns, and shall limit and control all building permits.
G. Revision of Development Plan: Proposed revisions or modification to an approved
development plan shall be noted and shown on a mylar of the approved plan. Upon the
submission of such proposed revision, copies of the proposed revised plan shall be submitted to
the City Council for its review and determination as to whether the proposed revision constitutes
such a significant change in land use or structures that a public hearing should be called
regarding said revision. If, in the City Council's determination, said revised plan does not
constitute a significant change, no public hearing shall be called and the revision shall be deemed
approved. If such revision is determined by the City Council to be a significant change, a public
hearing shall be scheduled regarding such revision, proper notice given, and thereafter be
considered by the City Council for approval or denial; provided, however, the City Council in its
sole discretion may direct any development plan revision to the Planning and Zoning
Commission for its review and recommendation and, in such event, said revision shall follow the
procedures set out in Section 8600 herein regarding amendments to the Zoning Ordinance. No
proposed revision shall be effective until it is approved by the City Council.
H. Platting Required Prior to Development:
1. Prior to issuance of any building permits, the development plan shall reflect all stipulations
as approved by the City Council and the property shall be final platted in accordance with
the subdivision ordinance and platting policies of the City.
2. When a development plan has been approved, final plats may be submitted in phases as
shown on the approved plan. In no case, however, shall the density of all approved final
plats exceed the maximum approved project density.
I. Maintenance of Common Open Space: When common open space, common recreational
areas or private utilities and private streets are approved as a part of a development plan, the
applicant for the approval of the applicable Planned Development District shall also submit a
scheme, subject to the approval of the City Attorney and City Council, for assuring continued
retention and perpetual maintenance of said items for as long as the developmerit exists. The
associated documents must be reviewed by the City Attorney prior to filing the final plat. The
documents shall be filed with the final plat at Tarrant County when deemed necessary by the
attorney. The documents shall be submitted in a timely manner to allow for a minimum of 60
days review. Failure to submit the documents or incomplete documents may result in delay of
construction, acceptance of the subdivision or delay in approval of a building permit. The City
does not accept the responsibility for any delays in construction, approval or acceptance of the
subdivision caused by the failure to submit the association documents or the inaccuracy of the
documents.
J. Enforcement of Development Schedule: If the developer or property owner fails to adhere to
the development schedule shown in the approved development plan, the City has the option to
initiate an amendment of the Planned Development District or development plan as deemed
necessary by the City Council. The procedures for amending the Planned Development District
or development plan shall be the same as for a new zoning change application.
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City of Rockwall
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General
Article X. Planned Development
ARTICLE:x. PLANNED DEVELOPMENT REGULATIONS
SECI'ION IPLANNED DEVELOPMENT. GENERAL
1.1 PURPOSE
The purpose of this Article is to provide for the creation of planned development
zoning districts ("PD Districts"). PD Districts are intended to provide for the
development of land as an integral unit for single or mixed use in accordance with a
PD Concept Plan that may include uses, regulations and other requirements that
vary from the City's Zoning Ordinance or from other ordinances, rules or
regulations of the City. PD Districts are intended to implement the goals and
objectives of the City's Comprehensive Plan, but may be accompanied by specific
amendments to provisions of the Comprehensive Plan, the Parks and Open Space
Plan or the Thoroughfare Plan. PD Districts are also intended to encourage flexible
and creative planning, to ensure the compatibility of land uses, and to allow for the
adjustment of changing demands to meet the current needs of the community by
meeting one or more of the following purposes:
· to provide for a superior design of lots or buildings;
· to provide for increased recreation and/or open space opportunities for
public use;
· to provide amenities or features that would be of special benefit to the
property users or community;
· to protect or preserve natural amenities and environmental assets such as
trees, creeks, ponds, floodplains, slopes or hills and view corridors;
· to protect or preserve existing historical buildings, structures, features or
places; or
· to provide an appropriate balance between the intensity of development and
the ability to provide adequate supporting public facilities and services.
1.2 NATURE OF PD DISTRICTS AND MINIMUM STANDARDS
Each PO District is intended to be a free-standing zoning district in which land uses
and intensities of land use may be tailored to fit the physical features of the site and
to achieve compatibility with existing and planned adjacent uses. In order to ensure
that a PO District implements the policies of the Comprehensive Plan, and to
further ensure that the PO District is in accordance with a comprehensive plan of
zoning regulation, it is necessary to establish minimum standards for residential
and non-residential uses proposed for the PO District that must be incorporated
within an ordinance adopted by the Council (the "PO Ordinance").
A. Land Use
1. Uses. Unless otherwise provided by the PD Ordinance, only those uses
authorized by the City's Zoning Ordinance are permitted in PD Districts.
2. Location. The location of all authorized uses shall be consistent with the
PD Concept Plan and PO Site Plan.
June 7. 2004
City of Rockwall ZONING ORDINANCE
Page 1
General
Article X. Planned Development
B. Open Space Standards
1. Public and Private Open Space. Unless otherwise provided by the PO
Ordinance, a minimum of twenty percent (20%) of the gross land area within
the entire PO District shall be devoted to open space, consistent with the
open space requirements of the City's Parks and Open Space Plan. Open
space for PO Districts may be satisfied by either public or by a combination
of public and private open space. Open space requirements specified in this
subsection are in addition to requirements for site landscaping and
buffering. Public open space shall be dedicated to the City.
2. Preservation of Natural Features. Unless otherwise provided by the PO
Ordinance or PO Concept Plan:
a) Floodplain areas shall be preserved and maintained as open space;
and
b) Significant stands of native trees and shrubs shall be preserved and
protected from destruction or alteration.
3. Open Space Allocation. 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.
C. Other Minimum Development Standards
1. Dimensional and Area Standards. Unless otherwise provided by the PO
Ordinance, dimensional and area standards for uses shall be the most
restrictive standards authorized by the City's Zoning Ordinance for the same
or similar uses.
1.3 PD PLANS REQUIRED
There are three types of plans that may be required as part of the development
process within a PO District. Each successive plan may modify the previous plan
provided that it does not substantially change the general intent of the original PO
district. Each successive plan becomes part of the Zoning Ordinance governing the
property and replaces the previously approved plan.
A. PD Concept Plan. The PO Concept Plan is mandatory and is intended to be
used as the first step in the PO development process. It establishes the most
general guidelines for the PO District by identifying the land uses and intensities,
thoroughfare locations, and open space boundaries (including public trail
systems). It may include images of intended style and type of development. The
Concept Plan illustrates the integration of these elements into a master plan for
the whole PO District. The PO Concept Plan establishes the development
standards for the PO district.
B. PD Development Plan. A PO Development Plan is optional and is intended to
be used where appropriate as the second step of the PO development process.
It may be required by the PO ordinance, or it may be submitted voluntarily by the
property owner. A PO Development Plan constitutes an amendment to the
approved PO Concept Plan and PD Ordinance and may be used where the
developer requests, or the Council requires, certain standards for the PO District
'-
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City of Rockwall ZONING ORDINANCE
June 7, 2004
General
Article X. Planned Development
to be specified after initial establishment of the PO District. A PO Development
Plan includes more detailed information as to the specific development
standards and land uses, including their boundaries. The purposes of a PO
Development Plan are to allow flexibility in the development process by
deferring specification of all development standards at the time of PO District
creation and to enable developers to satisfy conditions imposed on creation of
the District prior to submittal of a PO Site Plan.
C. PD Site Plan. A PO Site Plan is mandatory and is the final step of the PO
development process. The purposes of a PD Site Plan are to assure that the
development of individual building lots, parcels, or tracts within the PO District
are consistent with the approved Concept Plan and Development Plan, if any,
and to assure that the standards applicable within the PO District are met for
each such lot, parcel or tract. A PD Site Plan shall continue to be valid for a
period of three years after it is approved by the Commission; however, such
period may be extended by the Council upon recommendation of the Planning
Commission.
1. The Site Plan shall be accompanied by building elevations and landscape
and master sign plans, which shall be reviewed by the Architectural Review
Board for consistency with the overall objectives of the district. The Board's
recommendation shall be forwarded to the Planning & Zoning Commission
for consideration in their recommendation to City Council.
2. A PO Site Plan shall terminate at the end of a two-year period (or more with
an extension approved by the City Council) unless, within such period, a
preliminary plat has been filed with the City for all of the land covered by the
PO Site Plan. In which case, the Site Plan will remain valid as long as there
is an approved plat for the property. If a PO Site Plan terminates,
development of the land covered by the terminated plan cannot occur until a
new PO Site Plan has been approved for the land as provided by this Article.
1.4 PD COMPLIANCE WITH ApPROVED PLANS
Except as otherwise provided by the subdivision provisions of the City's Zoning
Ordinance, no development shall begin and no building permit shall be issued for
any land within a PO District until a PO Site Plan that is consistent with the PD
Concept Plan and applicable PO Development Plan has been approved. Each PD
District shall be developed, used, and maintained in compliance with the approved
PO Site Plans for the district. Compliance with the PO Ordinance shall be
construed as a condition precedent to granting of Certificates of Occupancy.
June 7, 2004
City of Rockwall ZONING ORDINANCE
Page 3
Procedures
Article X. Planned Development
SEcrION 2 PLANNED DEVELOPMENT PROCEDURES
2.1 ESTABUSHMENT OF A PD DISTRICT
A. Zoning Amendment. An application for the establishment of a PD District shall
be made to the Commission. The application shall:
1. Be accompanied by a PO Concept Plan;
2. Be accompanied by a list of proposed PD District development standards;
3. Identify the City's then-current zoning district which shall apply to the extent
not otherwise provided by the PD Concept Plan or by the proposed PO
District development standards;
4. Be accompanied by a Concept Plan informational statement, and traffic
impact analysis unless waived by the Council.
Except to the extent provided by the PO Concept Plan and the PD Ordinance,
development within the PO District shall be governed by all of the ordinances,
rules, and regulations of the City in effect at the time of such development
(including the standards of the City's zoning district so identified in the
application). In the event of any conflict between (i) the PO Concept Plan and
the PO Ordinance and (ii) the then-current ordinances, rules, and regulations of
the City, the terms, provisions, and intent of the PO Concept Plan and PD
Ordinance shall control. In addition, prior to action by the Commission on the
establishment of the PD District, the applicant shall submit a traffic impact
analysis.
B. PD Concept Plan. A PO Concept Plan (or, at the applicant's option, a PO
Development Plan) shall be processed simultaneously with the zoning
amendment application, and if the zoning amendment application is approved,
the PO Concept Plan (or PO Development Plan) shall be incorporated as part of
the PD Ordinance. The graphic depictions contained on a PO Concept Plan
shall be considered as regulatory standards. Each PO Concept Plan shall be
prepared on one or more standard sheets of sizes of 30" x 42" or 24" x 36" and
at an engineering scale of 1"=100' or larger. If multiple sheets are required, an
overall plan shall be submitted as well (which may be to any scale). Unless
waived by the Council on recommendation of the Zoning Administrator, each PD
Concept Plan shall graphically depict the following:
1. A diagram or drawing of the boundaries of the proposed PO District;
2. Proposed and existing land uses by category (including, if applicable,
proposed and existing land uses by category for any sub-areas to be
developed within the PO District);
3. Proposed density by type of residential uses, including the maximum
numbers of dwelling units for residential uses other than single-family
detached, and lot sizes for single-family detached;
4. Proposed estimated total floor area and floor area ratios by category of non-
residential uses, together with residential view analysis, if any;
5. Proposed configuration of public and private open space serving the
development, showing the relationship to the City's Parks and Open Space
Plan, including trail system and access points to the trail system, estimated
dimensions and approximate area, and areas to be dedicated to the public
or to a private maintenance organization, if known;
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City of Rockwall ZONING ORDINANCE
June 7. 2004
Procedures
Article X. Planned Development
6. Proposed and existing thoroughfares, boulevards and roadways;
7. To the extent known for adjoining land, existing land uses (by zoning
district), existing thoroughfares; and existing open space for such adjoining
land; and
8. A general plan for circulation of traffic and pedestrians within and external to
the development, including designated points of access.
C. Concept Plan Informational Statement. A PO Concept Plan shall be
accompanied by an informational statement containing the information set forth
below. If the zoning amendment application is approved, the informational
statement shall not be binding on the applicant or the land owner and shall not
be considered part of the PO Concept Plan or the PO Ordinance. Informational
statements shall be updated concurrently with any amendment to the PO
Concept Plan and with each PO Development Plan. Each statement shall
include the following:
1. A general statement setting forth how the proposed PO District will relate to
the City's Comprehensive Plan;
2. The total acreage within the proposed PD District;
3. If the development is to occur in phases, a conceptual phasing plan that
identifies the currently anticipated general sequence of development,
including the currently anticipated general sequence for installation of major
capital improvements to serve the development; and
4. An aerial photograph with the boundaries of the PO Concept Plan clearly
delineated.
D. -Proposed PD Development Standards. Proposed PO District development
standards shall be processed simultaneously with the zoning amendment
application, and if the zoning amendment application is approved, such
standards shall be iricorporated as part of the PD Ordinance. Such proposed
development standards may include (but shall not be limited to) uses; density;
lot size; lot dimensions; setbacks; coverage; height; landscaping; lighting,
fencing, parking and loading; signage; open space; drainage; and utility and
street standards. Any graphic depictions used to illustrate such standards,
unless otherwise provided in the PO Ordinance, shall be considered as
regulatory standards.
E. Traffic Impact Analysis. Prior to or simultaneous with submission of an
application for the establishment of a PO District, the applicant shall submit to
the City's transportation engineer a traffic impact analysis for the proposed PD
District, unless waived by Council. The analysis must be approved by the
Council prior to or concurrently with the approval by the Council of the PO
District. The traffic analysis shall not be considered part of the PO Concept Plan
or the PO Ordinance but may be used to condition the density or intensity of
uses or the timing of development within the District based upon the existence
of a supporting roadway network adequate to accommodate the traffic expected
to be generated. The traffic impact analysis shall be updated with each PD Site
Plan.
F. Complete Application. No application for the establishment of a PO District
shall be deemed to be filed with the City until the Zoning Administrator has
determined that the PO Concept Plan is complete, that the proposed PD District
development standards have been identified, a traffic impact analysis has been
June 7, 2004
City of Rockwall ZONING ORDINANCE
Page 5
Procedures
Article X. Planned Development
submitted, and that the informational statement is complete. Fifteen (15) copies
of all such materials shall be submitted.
G. Commission Recommendation. The Commission, after notice and public
hearing in accordance with the City's Zoning Ordinance procedures, shall
formulate its recommendation with respect to establishment of a PD District. The
recommendation of the Commission shall be forwarded to the Council for
decision.
H. Council Decision. Following receipt of the Commission's recommendation, the
Council, after notice and public hearing in accordance with the City's Zoning
Ordinance procedures, shall conduct a public hearing and shall approve,
approve with conditions, or deny the application for establishment of the PD
District.
I. Approval Criteria. Based upon the PO Concept Plan, the Commission, in
making its recommendations to the Council, and the Council, in determining
whether the PO District should be established, shall consider whether the
following criteria have been met:
1. The plan of development is generally consistent with the City's
Comprehensive Plan (as such plan may be amended prior to or
concurrently with approval of the PD District);
2. Proposed uses and the configuration of uses are compatible with existing
and planned adjoining uses;
3. The general arrangement of streets conforms to the City's Thoroughfare
Plan (as such plan may be amended prior to or concurrently with approval
of the PO District);
4. Proposed uses, development densities and intensities, and development
regulations are generally consistent with this Article;
5. The configuration of the proposed open space serving the development is
consistent with the City's Parks and Open Space Plan (as such plan may be
amended prior to or concurrently with approval of the PD District);
6. The amenities proposed justify proposed densities or intensities;
7. The proposed plan of development furthers the public health, safety and
general welfare of the community; and
8. The traffic impact analysis demonstrates that the capacity of the proposed
roadways shown on the proposed PO Concept Plan, together with any
roadways within related PO Districts and the supporting roadway network,
are adequate to accommodate the traffic expected to be generated by the
uses, densities and intensities of use shown on the PO Concept Plan in and
authorized in the PD Ordinance in a timely and efficient manner.
J. Conditions. The Commission may recommend, and the Council may require,
such conditions to the establishment of a PD District and to the approval of a PO
Concept Plan as are reasonably necessary to assure that the purposes of the
District and the approval criteria for the PD Concept Plan are met. Such
conditions may include the requirement of a PD Development Plan.
K. Adopting Ordinance. The PO Ordinance shall include the PO Concept Plan as
an exhibit to the ordinance and shall include the following:
1. A statement of the purpose and intent of the PO District;
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City of Rockwall ZONING ORDINANCE
June 7. 2004
Procedures
Article X. Planned Development
2. A metes and bounds description of the land within the PO District;
3. A list of the specific land uses permitted within the PO District, together with
a description of the sub-areas, if any, in which such uses are allowed;
4. The maximum density or intensity of each permitted land use;
5. A list of all the PD District development standards, together with necessary
graphic illustrations;
6. Identification of the City's then-current zoning district standards that shall
apply to the extent not otherwise provided by the PO Concept Plan or PD
Ordinance;
7. Identification of the development standards, if any (whether in the PO
Ordinance or in the then-existing ordinances, rules, or regulations of the
City), that may be deferred for specification until approval of a PO
Development Plan or that may be varied by the Council as part of the
approval process for a PO Site Plan
8. Unless otherwise identified on the PO Concept Plan, the general location
and size of open space serving the development; including any proposed
dedication of open space to the public or to a maintenance organization.
9. Provisions governing amenities, if any, to justify densities or intensities.
10. Such additional conditions as are established by the Council to assure that
the PO District and PO Concept Plan are consistent with the purposes of the
District and the approval criteria for the Concept Plan.
2.2 PD DEVELOPMENT PLANS
If the Council requires as a condition of establishing the PO District and approving
a PO Concept Plan that PD Development Plans be submitted prior to submittal of a
PD Site Plan, a PO Development Plan may be prepared and submitted for the
entire development at one time or for individual phases of development. Each
required copy of the PD Development Plan shall be accompanied by (i) a
development plan informational statement and (ii) a preliminary drainage study for
the area covered by the proposed plan. If deemed necessary by the City's
Transportation Engineer or Zoning Administrator, the applicant for a PO
Development Plan shall also submit an updated traffic impact analysis prior to
Commission action.
A. Submittal Requirements for PD Development Plans
1. Approximations of the following: site boundaries and dimensions, lot lines,
site acreage and square footage, and distances to the nearest cross streets;
2. Location map, north arrow, title block and site data summary table;
3. Existing land uses and zoning classifications on adjacent properties;
4. Preliminary tree survey.
5. Any features omitted from the PO Concept Plan upon Council authorization;
and
6. Such additional features as are necessary to assure compliance with
conditions established by the Council to be satisfied by the Development
Plan.
June 7, 2004
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City of Rockwall ZONING ORDINANCE
Procedures
Article X. Planned Development
B. PD Development Standards. Development standards that were not specified in
the PO Ordinance, as authorized by the Council, shall be submitted and
approved as an amendment to the PO Ordinance and incorporated therein, in
conjunction with approval of the PO Development Plan.
C. Development Plan Informational Statement. Each PO Development Plan
shall be accompanied by an informational statement containing the information
set forth below. Informational statements shall be updated concurrently with any
amendment to a PO Development Plan and with each PO Site Plan. Each
informational statement shall include the following:
1. Name and address of landowner and date of preparation of the PD
Development Plan;
2. Name and address of architect, landscape architect, planner, engineer,
surveyor, or other persons involved in the preparation of the PD
Development Plan;
3. A table listing the specific permitted uses proposed for the property, and, if
appropriate, the boundaries of the different land uses and the boundary
dimensions;
4. Development standards for each proposed land use, as follows:
a) Minimum lot area;
b) Minimum lot width and depth;
c) Minimum front, side, and rear yard areas;
d) Maximum height of building; and
e) Maximum building coverage.
5. A list of the development standards, if any (whether in the PO Ordinance or
in the then-existing ordinances, rules, or regulations of the City that apply to
development within the PD District), for which the applicant is seeking
amendment by the Council as part of the PD Development Plan approval
process.
6. If Council approval of any height increase is being requested, a view
analysis of the impact of such requested variance on adjacent residential
areas of the City.
7. Preliminary and approximate building locations and building footprints;
8. Preliminary elevations and perspectives to show the relationship of building
heights to surrounding topography;
9. Location of parking areas and structures for multi-family and non-residential
uses, including areas for off-street parking;
10. A detailed description of how open space serving the development will be
satisfied for the phase of development represented by the PD Development
Plan, including any proposed dedications of open space to the public or to a
private maintenance organization; .
11. If the PO Development Plan is a phase of the project (as described in the
applicant's original informational statement submitted with the PD Concept
Plan), depiction of the area subject to the development in relation to the
then-current phasing plan, together with any updates of the then-current
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City of Rockwall ZONING ORDINANCE
June 7, 2004
Procedures
Article X. Planned Development
phasing plan that was submitted as part of the applicant's original
informational statement; and
12. A list identifying each proposed addition or amendment to the PO ordinance.
D. Preliminary Drainage Study. Each PD Development Plan shall be
accompanied by a preliminary drainage study for the area covered by the study.
The study shall be prepared by a professional engineer licensed in the State of
Texas and experienced in the study of drainage issues.
1. Purpose. The purposes of the drainage design policies are to prevent
flooding of adjacent properties, owned by third parties and to regulate water
surface elevations and peak discharges. Development within the PO District
shall not produce any increase in the water surface elevation (either
upstream or downstream) due to as-year, 10-year, 50-year, or 100-year
storm. If the discharge from the area proposed for development would
increase the water surface elevation above predevelopment conditions on
any property owned by third parties due to any of such storms, then such
peak discharge must be regulated to the extent necessary to eliminate the
increased water surface elevation. The regulation of discharges to eliminate
such increases may be achieved using either on-site or off-site storm water
management facilities (such as detention areas, retention areas, and
infiltration and sedimentation ponds).
2. Content. The preliminary drainage study shall
a) Contain a topographical map of the area proposed for development to a
scale not smaller than 1 inch = 200 feet;
b) Generally describe how the proposed development will comply with the
drainage design policies set forth below;
c) Include all information deemed necessary by the preparing engineer to
support his or her determination that the proposed development will
comply with the drainage design policies; and
d) Include all information reasonably requested by the City Engineer to
support his or her review of the preliminary drainage study.
E. Updated Traffic Impact Analysis. If deemed necessary by the City's
transportation engineer or if required by the PO Ordinance, the applicant for a
proposed PO Development Plan shall submit an updated traffic impact analysis
prior to action by the Commission. The purpose of the updated analysis is to
determine whether the traffic estimated to be generated by the development
shown on the proposed PD Development Plan will necessitate specific on-site
or adjacent traffic improvements (e.g., turn lanes, stacking lanes, signalization,
etc.) and to determine whether conditions attached to the Concept Plan based
on the original traffic impact analysis have been met.
F. Commission Recommendation. The Commission, after notice and public
hearing in accordance with the City's Zoning Ordinance procedures, shall
recommend to the Council whether to approve, approve with conditions, or
disapprove each PD Development Plan, together with each proposed
amendments to the PO Ordinance.
G. Council Decision. Upon receipt of the Commission's recommendation, the
Council, after notice and public hearing in accordance with the City's Zoning
Ordinance procedures, shall approve, approve with conditions, or disapprove
June 7, 2004
City of Rockwall ZONING ORDINANCE
Page 9
Procedures
Article X. Planned Development
each PO Development Plan and each proposed addition or amendment to the
PO Ordinance.
H. Approval Criteria. The Commission, in making its recommendation to the
Council, and the Council, in acting upon each PD Development Plan and
proposed addition or amendment to the PO Ordinance, shall determine whether
the proposed PO Development Plan and ordinance addition or amendment
meets the following criteria:
1. The plan generally is consistent with the approved PO Concept Plan
(including open space, trails, and thoroughfares);
2. The plan generally is consistent with the development standards set forth in
the PO Ordinance;
3. The plan satisfies any conditions established by the Council in the PO
Ordinance relating to Development Plan approval;
4. The plan is generally consistent with the standards and conditions of the
Zoning Ordinance 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);
5. The traffic estimated to be generated by the plan is generally consistent with
the original, Council approved traffic impact analysis and any conditions to
be satisfied at the time of the Development Plan approval have been met;
6. 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
7. The preliminary 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 can be improved in a natural manner.
I. Conditions. The Commission may recommend, and the Council may require,
such conditions to the approval of a PO Development Plan as are reasonably
necessary to assure that the approval criteria are met.
J. Approving Ordinance. The Development Plan shall be incorporated within an
ordinance amending the PO Ordinance and the Concept Plan. The amending
ordinance shall set forth all standards necessary for development of the land
subject to the Development Plan that were not included in the PD Ordinance.
The amending ordinance also shall repeal or amend any conditions that were
attached to the PD Ordinance that have been satisfied as a result of approving
the Development Plan and associated amendments.
2.3 PD SITE PLANS
A. Delegation to Commission. The Commission hereby is delegated the authority
to approve, conditionally approve, or deny PO Site Plans and all amendments
thereto, subject to appeal to the Council. Any Site Plan subject to a request for
variances or other modifications that are reserved for the Council by these PD
regulations shall be decided by the Council upon recommendation of the
Commission.
B. Submittal Requirements. The following requirements apply to each application
for PD Site Plan approval:
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City of Rockwall ZONING ORDINANCE
June 7, 2004
Procedures
Article X. Planned Development
1. Size. PO Site Plans shall be prepared on one or more standard sheets of
sizes of 30" x 42" or 24" x 36" and at an engineering scale of 1 "=1 00' or
larger. If multiple sheets are required, an overall plan shall be submitted as
well (which may be to any scale). PO Site Plans shall be prepared by a
registered engineer, architect; or landscape architect.
2. General Information.
a) North Arrow;
b) Total site acreage;
c) Submission date;
d) Scale (written and graphic);
e) Vicinity map;
f) Names, addresses, and telephone numbers of designer, engineer,
developer, and owner;
g) A boundary survey of the site with the location of proposed land uses;
h) Adjacent subdivision names and property lines; and
i) Adjacent land uses and structures.
3. Structures
a) Location, dimensions, and use of all existing facilities and proposed
building sites;
b) Setback and separation distances between building sites;
c) Proposed construction type and facade materials for all multi-family and
non-residential buildings (the Commission may require elevations and
perspective drawings);
d) Proposed density of each use;
e) Proposed location of screening along public roadways shown on the PD
Concept Plan;
f) Location and types of signs, including lighting and heights;
g) Elevation drawings citing proposed exterior finish materials; and
h) Location of solid waste collection facilities.
4. Streets and Sidewalks
a) Location and width of all rights-of-way and easements;
b) Location and dimensions of all pavement and curbing;
c) Location and width of all sidewalks;
d) Location and width of all ingress/egress points;
e) Location and width of all medians and median breaks;
f) Location of any special traffic regulation facilities;
g) Location of Fire Lanes; and
h) Street names on proposed streets.
5. Off-Street Parking and Loading Areas
a) Number, location, and dimension of spaces;
b) Type of surface material of parking facility;
June 7, 2004
City of Rockwall ZONING ORDINANCE
Page 11
Procedures
Article X. Planned Development
c) Dimension of aisles, driveways, maneuvering areas, and curb return
radii;
d) Distance between spaces and adjacent rights-of-way;
e) Location of all existing and proposed fire lanes and hydrants; and
f) Proposed lighting diagram.
6. Landscaping
a) Location and size of major tree groupings and existing hardwood trees
of 6" caliper or greater , noting whether they are to be removed or
retained;
b) Location and size of proposed plant materials, including paving,
together with type and species of plants;
c) Number and type of each landscape element;
d) Height and type of all fencing or buffering;
e) Height of all planters, sculptures, and decorative screens;
f) Location and type of trash receptacle screening;
g) Location and type of lighting for streets, signage, and parking areas;
and
h) Location of visibility triangles where required.
7. Drainage
a) Direction of water flow;
b) Quantity of on and off-site water generation;
c) Topographic contours at a minimum of 5 foot intervals;
d) Points of concentrated water discharge;
e) Areas where special design and construction may be necessary due to
slope or soil conditions;
f) Location and design of all water detention and drainage areas; and
g) Drainage ways, creeks, and limits of the 100 year floodplain and
f100dway as shown on current FEMA mapping or the City's master
drainage plan, including location and acreage, together with a general
plan for accommodating flood waters and drainage.
8. Preliminary Service Plan
a) A preliminary drainage plan of the area showing the size and location of
each existing and proposed drainage way and retention or detention
area. If no Development Plan has been required and approved by the
Council, the drainage plan shall incorporate the requirements of the
preliminary drainage study;
b) The proposed method of providing water and sewer service; and
c) If no Development Plan has been required and approved by the
Council, an updated traffic impact analysis.
9. Special Exceptions. A list of the development standards, if any (whether in
the PO Ordinance or in the then-existing ordinances, rules, or regulations of
the City that apply to development within the PD District), for which the
applicant is seeking a special exception by the Council as part of the PD
Site Plan approval process.
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City of Rockwall ZONING ORDINANCE
June 7. 2004
Procedures
Article X. Planned Development
C. Commission Decision. The Commission, after notice and public hearing in
accordance with the City's Zoning Ordinance procedures, shall approve,
approve subject to conditions, or deny each PO Site Plan.
D. Approval Criteria. The Commission, in approving, conditionally approving, or
denying a PO Site Plan, shall consider the following criteria:
1. The plan complies with the applicable PO Concept Plan or Development
Plan, if any, and with the PO Ordinance, expressly including conditions
attached to the Concept Plan, Development Plan or PO Ordinance.
2. The plan complies with the standards and conditions of the Zoning
Ordinance and of other ordinances, as well as other rules and regulations of
the City (to the extent that such standards and conditions are applicable to
development within the PO District);
3. If no Development Plan was required and approved by the Council, the traffic
estimated to be generated by the plan is generally consistent with the original
Council-approved traffic impact analysis;
4. If no Development Plan was required and approved by the Council, 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.);
5. If no Development Plan was required and approved by the Council, the
preliminary 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 can be improved in a manner approved by
the Council; and
6. Landscaping promotes continuity and unity consistent with the landscape
plan for the development and encourages views to public open space and
public landmarks.
E. Conditions. The Commission, or the Council on appeal, may establish such
conditions to the approval of a PD Site Plan as are reasonably necessary to
assure that the approval criteria are met.
F. Appeal from Commission Action. If the Commission approves a PD Site Plan
with conditions or if it disapproves a PO Site Plan, the applicant may appeal the
decision to the Council by filing a written request with the City Secretary within
ten (10) days after the Commission's decision.
G. Variances. The granting of variances for Planned Development District
regulations shall be the purview of City Council, not the Board of Adjustment. If
the applicant requests a variance from PD Ordinance standards or other
ordinance requirements, the variance request will be forwarded to the Council
with the Commission's recommendation for decision. Procedures and criteria for
approval shall be those applicable to variances under Article 11.11.4 Criteria for
Granting Variances.
2.4 AMENDMENT OF PD PLANS
A. PD Concept Plans. PO Concept Plans (excluding informational statements) are
considered part of the PO Ordinance. Any amendment to a PO Concept Plan
shall be considered a zoning change, and the provisions of Chapter 211 of the
Texas Local Government Code relating to notices, public hearings, and written
June 7, 2004
City of Rockwall ZONING ORDINANCE
Page 13
Procedures
Article X. Planned Development
protests for changes in zoning districts or regulations shall apply. If a PO District
is established subject to approval of PD Development Plans, the provisions of
this Subsection 2.4.A shall apply to such PD Development Plan.
B. PD Site Plans.
PO Site Plans are not considered part of a PD Ordinance. Except as otherwise
provided, any amendment to an approved PD Site Plan must be approved by
the Commission. However, "minor modifications" to any PO Site Plan may be
approved by the Zoning Administrator. If the Zoning Administrator believes that
a request for minor modification entails a significant change in the Site Plan, he
may refer the request to the Commission for determination. A "minor
modification" to a PO Site Plan is defined as any modification that does not:
1. alter the basic relationship of proposed development to adjacent property;
2. change the uses permitted;
3. increase the maximum density, floor area, or height;
4. decrease the amount of off-street parking, unless parking remains sufficient
in number and conforms to ordinance requirements; or
5. reduce the minimum yards or setbacks.
2.5 PERIODIC REVIEW
A. Applicability. Each tract of land not yet fully developed, for which (PD) Planned
Development District Zoning has been granted, shall be reviewed by the
Planning and Zoning Commission in order to make inquiry and ascertain the
following:
1. Whether a Preliminary Plan and/or Development Plan can reasonably be
expected to be filed;
2. If a Preliminary Plan and/or Development Plan can be reasonably expected
to be filed at any time within the two (2) year interval as set out herein;
3. Whether the granted uses for the tract of land under consideration continues
to have a desired relationship with the surrounding area; and
4. If such density and other design standards originally granted are in
accordance with the current community growth patterns and values.
B. Determination. If, upon inquiry and review, the Planning and Zoning
Commission finds that a particular tract of land zoned (PO) Planned
Development is not reflective of current community growth patterns or
community design policies, or is not in accordance with the Comprehensive
Plan, it may request the City Council to initiate hearings on the particular tract of
I land to consider 1) reform or modification of the PO District on the particular
tract; or 2) change the zoning to a more suitable land use classification.
C. Frequency. The Planning and Zoning Commission shall review each tract of
land for which Planned Development zoning has been granted beginning in
January of each year, at least on two year intervals. The Planning and Zoning
Commission may review certain tracts (for which Planned Development zoning
has been granted) more frequently if it determines such review is necessary.
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City of Rockwall ZONING ORDINANCE
June 7, 2004
Procedures
Article X. Planned Development
SECI'ION 3 EFFECI' ON EXISTING PDS
3.1 DISTRICT AMENDMENTS
If an amendment is proposed after the effective date of this Article to any Concept
Plan, Development Plan, Site Plan or planned development ordinance approved
prior to the effective date of this ordinance under prior development regulations, the
provisions of this Article shall apply to those amendments.
3.2 SITE PLANS
For any PD District established under prior planned development regulations for
which at least one Site Plan has been approved pursuant to such prior regulations,
the provisions of this Article shall not apply, except that procedures related to
approval of PO Site Plans pursuant to this ordinance shall apply to any application
for PO Site Plan approval submitted more than thirty (30) days after the effective
date of this Article.
SECI'ION 4 AMENDMENTS TO APPROVED PD APPLICATIONS
4.1 PROCESSING AMENDMENTS
1. Amendments to all applications and approvals shall be processed in the
same manner as the original application. However, the applicant shall submit
a summary of all elements that are proposed to be changed along with the
revised plans and application.
2. Notwithstanding the above, the Zoning Administrator may approve minor
modifications in an approved Site Plan or PO Site Plan administratively,
provided that they do not:
a) Alter the basic relationship of proposed development to adjacent
property;
b) Change the uses permitted;
c) Increase the maximum density, floor area, or height;
d) Decrease the amount of off-street parking, unless parking remains
sufficient in number and conforms to ordinance requirements;
e) Reduce the minimum yards or setbacks; or
f) Detrimentally change or alter the characteristics of the elevation
drawings or Site Plan as approved, but rather allow for some flexibility in
minor modification to same.
June 7, 2004
City of Rockwall ZONING ORDINANCE
Page 15
City of Southlake
Scxf'R.\ LJ-..Ke
SECTION 30
"PUD" PLANNED UNIT DEVELOPMENT DISTRICT
(As Amended by 480-RR)
30.1 PURPOSE AND INTENT - The purpose of this district, sometimes identified as a suffix to
one of the other districts, is to permit flexibility and encourage a more creative, efficient and
aesthetically desirable design and placement of buildings, open spaces, circulation patterns
and to best utilize special site features such as topography, size and shape. It is intended that
the flexibility permitted by this zoning category extends to discretionary approval, in
cor\iunction with site plan or concept plan review, not limited to, but including such itemsas
those relating to parking space requirements, building line setbacks, square footage of
buildings and structures, sign placement and specifications and protective screening in order
to achieve conformance with good planning practices. This district may also be used to
accommodate planned associations of uses developed as integral land use units, including
mixed uses, which may be planned, developed and operated either by a single owner or a
combination of owners.
30.2 PERMITTED USES - The PUD District, when approved as a suffix to a particular zoning
district, will allow the development of any combination of uses which are permitted in that
district. The PUD District may also be approved for a specific use or uses, or a class of
generic uses such as office, retail, personal services, educational facilities or warehousing.
a. In the event certain uses are deemed inappropriate in a PUD district, whether
approved for specific uses or as a suffix to another district, the use ofthe property
may be specifically restricted by eliminating certain uses from the category of
permitted uses.
30.3 RESIDENTIAL PLANNED UNIT DEVELOPMENTS - Where the PUD District is
developed primarily for residential uses, the tract shall have a gross area of at least twenty
(20) acres. A residential PUD district may be designed to accommodate the following
development:
a. Dwelling units grouped into clusters, allowing an appreciable amount ofland for open
space.
b. Projects with much or all of their housing in townhouses or apartments or both.
c. Higher densities than conventional single-family projects of the same acreage.
d. Part of the land used for non-residential purposes, such as shopping or employment
centers.
e. Preservation or enhancement of areas exhibiting environmentally significant natural
features.
30-1
30.4 NON-RESIDENTIAL PLANNED UNIT DEVELOPMENTS - Where the POO District is
developed primarily for non-residential uses, the tract shall have a gross area of at least five
(5) acres. A non-residential POO district may be designed to accommodate the following
development:
a. Commercial or industrial uses grouped into clusters, allowing an appreciable amount
ofthe land for open space or joint use such as parking and storage.
b. Commercial or industrial projects with part ofthe land used for residential purposes.
c. Single purpose commercial or industrial uses projected to involve innovative land
utilization.
30.5 DEVELOPMENT REGULATIONS - The height, setback, area, floor space, and other
development regulations for permissible uses in a POO district shall conform to the
development regulations which would be applicable to such uses if the same were situated in
the most restrictive district in which such uses are permitted. Zero lot line development may
be permitted for non-residential uses on a common interior lot line where construction of a
party wall is used. Where zero lot development is utilized, the equivalent open space and
plantings (normally provided in adjoining bufferyards along the common lot line) shall be
provided elsewhere within the two developing lots. In addition, the City Council may
approve more flexible development standards if other design features provide adequate
protection to surrounding and adjacent properties. For any residential POO, the maximum
density permitted shall not exceed 1.80 dwelling units per gross acre. This calculation shall
exclude all proposed nonresidential acreage from the gross acreage. In any residential PUD,
all buildings and structures shall have a maximum lot coverage not exceeding thirty percent
(30%) of the lot area, except the sum total of accessory buildings shall not exceed six
hundred (600) square feet. (As amended by Ordinance No. 480-U.) (As further amended by
Ordinance No. 480-X.)
When developing a residential POO in phases, the City Council shall establish in the
individual PUD ordinance the maximum density permitted in each phase to assure that the
maximum density of the entire residential POO is not exceeded once complete buildout is
achieved. (As amended by Ordinance No. 480-C.)
The Board of Adjustment may grant variances of up to, but not exceeding, ten percent (10%)
of any required setback or lot coverage requirement established by the City Council in the
specific P .U.D. regulations at the time of zoning of said Planned Unit Development. This
approval shall be per the requirements set forth in Section 44.3 (b) of the Zoning Ordinance.
(As amended by Ordinance No. 480-L).
30.6 ADDITIONAL DEVELOPMENT REGULATIONS FOR BUILDINGS OR USES LYING
WITI-lIN FOUR HUNDRED FEET (400') OF SINGLE F AMIL Y RESIDENTIAL
PROPERTY - In addition to the development regulations applicable to this zoning district,
the development regulations in Section 43, Part IlL Residential Adjacency Standards, shall
30-2
also apply. When any requirements in this section are in conflict with any other requirements
for this zoning district, the more stringent requirements shall apply. (As amended by
Ordinance No. 480-CC).
30.7 PARKING REGULATIONS
a. All parking and vehicle use areas shall be paved with an all-weather surface.
b. Off-street parking facilities shall be provided at locations designated on the approved
development plan.
c. Minimum off-street parking requirements shall be established in the approved
development plan. Any deviation less than the minimum requirements specified in
Section 35 shall require specific approval from the City Council. (As amended by
Ordinance No. 480-M.)
30.8 APPLICATION - An application for a Planned Unit Development District shall be made to
the Planning and Zoning Commission in the same manner that an application for zoning
change is made. The application shall be processed according to the procedures specified
herein. For purposes of application processing, all Planned Unit Development applications
shall initially be divided into two (2) broad categories:
1. Planned Unit Developments encompassing one hundred (100) acres or less in land
area. These shall require the submission and processing of a Development Plan and
any specific Planned Unit Development ordinance approving such a proposal shall
require specific compliance with the terms of the development plan which shall be
incorporated by reference into the Zoning Ordinance Amendment.
2. Planned Unit Developments encompassing more than one hundred (100) acres of
land area shall be given the opportunity at the time of zoning application to select
between two (2) alternative processing procedures:
a. The applicant may choose to submit a Development Plan in conformance
with the provisions of this Section and thereby complete all processing
requirements at the inception of the zoning action.
b. The applicant may choose to submit a Concept Plan for the entire Planned
Unit Development area. In addition to the requirements set forth in Section
41.3 of this ordinance, the Concept Plan shall include the following:
(1) A preliminary drainage study;
(2) A preliminary major utility layout showing water and sewer mains,
etc.
30-3
(3) A proposed major thoroughfare plan; and
(4) A legend detailing the minimum area of open space, the maximum
density, the percentage of land allotted to each use, and the general
location of each use.
The zoning application may then be processed and a zoning classification of
Planned Unit Development allocated to the site by appropriate municipal
ordinance. The ordinance will identify the tract as a Planned Unit
Development and will identify the types, intensity and density ofland uses on
the site. The ordinance will further provide that no actual construction can
commence on any portion ofthe project until a Development Plan complying
with the provisions of this Section has been processed and approved on that
specific section or phase of the Planned Unit Development. Each
Development-Plan which is submitted for approval of a specific section or
phase of the Planned Unit Development shall cover a minimum of fifty (50)
acres. This approach is designed and intended to allow a large development
to be approved in concept and then constructed in phases. The City
recognizes that it may not be feasible and it may be unrealistic to require a
highly detailed development plan to be completed on a very large project
when it is recognized that it will be constructed in sections or phases over
several years. Any Planned Unit Development projects undertaken on the
basis of Concept Plan approval rather than full Development-Plan approval
do not reflect the concurrence of the City to any specific lot arrangement or
sizing, street arrangement or pattern, or approval of any specific open space
or public facility plans not reflected on the approved Concept Plan. Planned
Unit Development zoning based solely on a concept plan reflects only zoning
approval of the basic concept and may not be implemented until full
development plan approval on each section or phase has been granted;
however, an applicant receiving approval of a Concept Plan shall be entitled
to rely on, and implement by subsequently approved Development Plans, the
type, intensity and density of land uses set forth in the approved concept
plan. A concept plan based upon the Planned Unit Development Ordinances
shall be subject to the following additional restrictions:
Consistency Requirement. Each and every development plan submitted to
secure implementation authority under the concept plan approval option must
be consistent with the original concept plan. If the Zoning Administrator
should identify any material variance between a submitted development plan
application and the approved concept plan for the Planned Unit
Development, he shall reject the development plan application and not accept
it for processing until a new concept plan for the entire Planned Unit
Development has been approved under the terms and provisions of this
ordinance.
30-4
CitylDeveloper Agreement. All Planned Unit Development zoning granted
on the basis of concept plan approval or development plan approval shall be
required to enter into a CitylDeveloper Agreement prior to or
contemporaneous with [mal plat approval. This Agreement is designed and
intended to reflect the agreement of the City and the Developer as to the
phasing of construction to insure the timely and adequate provisions of public
works facilities and public type improvements. This Agreement is also
intended to insure balanced intensity of development to avoid overloading
existing public facilities during the construction phase. This Agreement will
be individually negotiated for each project, but should address the following
Issues:
(1) Any agreements on cost sharing for the installation or oversizing of
major utility systems, lines or facilities.
(2) Any agreements on cost sharing for the installation of interior or
perimeter roadways, thoroughfares, or street systems.
(3) Any agreements as to a mandatory construction or dedication
schedule for a specific amount of park or open space area or
improvements, school site or sites, landscaping or greenbelt
development or other comparable items to be dedicated or
constructed for each acre of property within the development
released for construction by development plan approval. This
requirement is intended to allow the City to insure that pre-planned
public type facilities, improvements or amenities are installed
concurrently with other development on the basis of a negotiated
formula.
(4) Any agreements between the City and the Developer as to the
establishment of a maximum residential density or commercial or
industrial intensity of use during the construction process. This
requirement is intended to allow the City to establish a maximum
development intensity that cannot be exceeded while each phase of
the project is being completed. Under this provision, the City may
establish a maximum overall density for each phase of the project to
be applicable only during the construction phase ofthe Planned Unit
Development. This restriction would require concurrent development
of lower density or intensity of use activities with higher density or
intensity of use activities.
(5) An agreement by the Developer to maintain all open space landsat no
cost to the City. (As amended by Ordinance No. 480-M.)
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30.9 DEVELOPMENT PLAN
a. Except as otherwise provided in Section 30.7, an application for a Planned Unit
Development shall include and be accompanied by a development plan which shall
become a part of the amending ordinance and shall be referenced on the Official
Zoning Map. Changes in the development plan shall be considered the same as
changes in the Official Zoning Map. The proposed development plan shall be
processed as required except that changes of detail which do not alter the basic
relationship of the proposed development to adjacent property and which meet the
conditions set forth in Section 40.6 of this ordinance, may be approved by the
Administrative Official.
b. The Development Plan may, in some cases, be a two-phase document. The first
phase shall illustrate and contain the applicant's request and suggestion for the use,
configuration of buildings, parking, etc., and the second phase shall illustrate the
development plan showing the suggestions and recommendations ofthePJanningand
Zoning Commission after review of Phase One. In addition to the requirements set
forth in Section 40.3 of this ordinance, the development plan shall provide as much
detail as possible including, but not necessarily limited to:
1. A scale drawing showing any proposed public or private streets and alleys;
building site, or building lots; any areas proposed for dedication, or reserved
as parks, parkways, playgrounds, utility and garbage easements, school sites,
street widening, street changes; and the points of ingress and egress from
existing public streets on an accurate slirvey of the boundary of the tract.
2. For buildings more than one (1) story in height, except single-family and two-
family residences, elevations and/or perspective drawings may be required in
order that the relationship ofthe buildings to adjacent property, open spaces
and to other features of the development plan may be determined. Such
drawings need only indicate the height, number of floors and exposures for
access, light and air.
3. For development projects influenced by, impacting on flood-prone areas, or
containing major drainageways or areas flood-prone by defmition of the City
Engineer, a preliminary drainage plan shall be a part of the development plan.
This requirement may be waived only upon the recommendation of the City
Engineer.
4. A screening and landscaping plan shall be required where such treatment is
essential to the proper arrangement of the development in relation to adjacent
property. Such plan shall, when required, include screening walls, planting,
wooded areas to be retained, and lawns if such are determined to be
necessary by the City Council.
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5. Any or all ofthe required features may be incorporated on a single drawing if
such drawing is clear and capable of evaluation and interpretation by the
Administrative Official.
c. In any residential and nonresidential Planned Unit Development, all nonresidential
building sites shall submit a site plan meeting the requirements of Section 40 ofthis
ordinance.
This site plan shall be submitted either concurrently with the development site plan
for this phase of the Planned Unit Development or prior to requesting a building
permit. This site plan may only be approved following a public hearing before the
Planning & Zoning Commission and the City Council in accordance with the same
notice and hearing requirements for zoning changes as set forth in Section 46 of this
ordinance. (As amended by Ordinance No. 480-M.)
30.10 DEVELOPMENT SCHEDULE - The Planning and Zoning Commission may, at its
discretion, require that an application for a Planned Unit Development District be
accompanied by a development schedule indicating the approximate date on which
construction is expected to begin and the rate of anticipated development to completion.
Such schedule shall not be binding upon the applicant, but the City shall be entitled to utilize
this schedule in arranging for the construction of supporting public works facilities.
30.11 COMMON OPEN SPACE - For all residential uses within a planned unit development,
common open space (whether dedicated to public use or owned and maintained in common
by all or part of the occupants of the PUD through a property owner association) shall be
reserved primarily for the leisure and recreational use of the occupants of the residential uses.
The common open space shall comprise not less than ten (10) percent of the total area
devoted to the residential use. The location of open space shall be subject to City Council
approval. The amount of said common open space may be varied downward by the City
Council when a lesser amount of such open space would be more appropriate to the density
of development or size of families or households proposed in a project, or where the
availability and nature of adjacent public open space is such that a lesser amount of connnon
open space would adequately protect the health, safety and welfare and promote the orderly
development of the residential uses.
For the purpose of this section, common open space shall include:
1. Land area accessible to and permanently reserved for the common use and
enjoyment of the occupants of the residential project for leisure and recreational
purposes, not including area devoted to parking and accessory uses.
2. Golf courses, parks, and other open greenbelt areas adjacent to the project, whether
publicly or privately owned, which are readily accessible.
3. School sites, excluding the area devoted to buildings.
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Land required for common open space shall not include the following:
1. Areas reserved for the exclusive use and benefit of an individual tenant or owner.
2. Dedicated streets, alleys or public rights-of-way.
3. Vehicular driveways, private streets or parking, loading or storage areas.
In residential PUDs where homeowners associations are to be established for the purpose of
ownership and/or management of common open spaces, all such associations shall be subject
to the approval of the City.
30.12 APPROVAL - Every Planned Unit Development District approved under the provisions of
this ordinance shall be considered as an amendment to the zoning ordinance as applicable to
the property involved. In carrying out the development of a Planned Unit Development
District, the development conditions shall be complied with and such conditions as are
specified for the development of a Planned Unit Development District shall not be construed
as conditions precedent to the approval of the zoning amendment, but shall be construed as
conditions precedent to the granting of a certificate of occupancy.
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