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O-86-1203 - 6/26/1986ORDINANCE NO. 1142_4__ AN ORDINANCE AMENDING CHAPTER 11, ZONING, CODE OF ORDINANCES, CITY OF ROUND ROCK, TEXAS; ADOPTING A NEW PLANNED UNIT DEVELOPMENT ZONING DISTRICT DESIGNATION AND CLASSIFICATION, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, 1 That Chapter 11, Section 3 of the Code of Ordinances, City of Round Rock, Texas, is hereby amended to read as follows: J.2 District Planned Unit Development (PUD) Intent Proper private development of infill areas, as well as advantageous development of large areas of substantially vacant land, require a flexible approach to be available both to the City and to the landowner. The Planned Unit Development is intended to encourage mixed uses, allow a more flexible response to the market, encourage innovative subdivision or site plan design and promote superior development which is compatable with adjacent land uses. In enacting this article, special notice has been taken of the fact that the goals of citizens and landowners of the City of Round Rock often conflict or compete. In light of this situation, the first consideration has been to devise technical solutions which minimize or eliminate conflicts. This article attempts to promote compatable development which would minimize conflicts between neighbors or adjoining property owners. This ordinance has been designed to protect and accommodate both competing interests. It is the goal of this ordinance that both the burdens and the benefits which it implies be rationally and fairly distributed among the citizens and property owners of Round Rock. 2. ENACTMENT BY ORDINANCE The decision of the Planning and Zoning Commission on an application for a PUD shall be forwarded to the City Council as a recommendation to grant or deny after the Planning and Zoning Commission holds a public hearing thereon. The City Council shall hold a public hearing on said application. Notice of the public hearings before the Planning and Zoning Commission and City Council shall be given in the same manner as the notice required by Ordinance No. 1087. The City Council's approval of a PUD shall be by amendment to the zoning ordinance. Said amendment shall designate and define the boundaries of the PUD and include such conditions as the City Council finds are necessary to secure and protect the public health, safety and general welfare. 3. FLEXIBLE SITE PLANNING When considering a PUD, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances, including but not limited to, the width, and surfacing of streets and highways, alleyways, curbs, gutters, sidewalks and street lights, public parks and playgrounds, school sites, storm drainage, water supply and distribution, sanitary sewers, sewage collection and treatment, etc. The adoption of an Ordinance approving of a PUD by the City Council shall constitute authority for such flexible planning to the extent that the PUD as approved, departs from existing codes and ordinances. 4. STANDARDS AND CRITERIA A. SIZE 1 - There is no minimum or maximum size for a Planned Unit Development. B. PERMITTED USES 1 - Planned Unit Developments may be utilized for all types of land uses including Residential, Commercial, Industrial and Mixed Use Developments provided all uses are designed to be compatable with adjacent uses and the General Plan or, where applicable, the existing zoning district. C. DENSITY 1 - The maximum density of a PUD shall be determined by the general plan policies and intensity area, or, where applicable, the existing zoning district. 2 - Density averaging may apply to all PUD developments. (a) - Density averaging to the maximum density stated in the appropriate general plan intensity area or zoning district shall be allowed, by waiving standard lot sizes required in the zoning or subdivision ordinance and allowing the averaging of density to achieve closer to the maximum density allowed in the general plan intensity area or zone in exchange for the provision of the following: (1) - Common open space (ii) - Buffers (iii) - Restriction of type and massing of buildings to assure compatibility with adjacent development and other building within the PUD. (iv) - Preservation of natural features. 3 - Bonuses may be earned to increase the allowable residential density where special dedication or construction of public facilities justifies such bonuses. The average density of the developed residential portion of the PUD after the calculation of all density bonuses, shall not exceed 150% of the density allowed on the subject lands under the General Plan intensity areas or the existing zoning district. (a) - Density bonuses will be allowed for the following: (i) - The dedication and construction of public Parks in excess of required dedications or construction at no cost to the City of Round Rock. (ii) - The dedication of school sites at no cost to the City of Round Rock or the Round Rock Independent School District. (iii) - Off site street construction and signalization off site performed by the developer at no cost to the City. (iv) - Dedication of public uses at no cost to the City of Round Rock, other than required public easements or drainage facilities. 2 (v) - City trunk utility expansion in excess of development requirements provided at no cost to the City. 4 - Density bonus shall be calculated in accordance with administrative policy adopted by council from time to time. 5 - All bonus calculations shall be calculated separately in accordance with policy adopted pursuant to this ordinance, and added together. The effect of these calculations is cumulative but not compounding. D. HEIGHT AND AREA REQUIREMENTS 1 - HEIGHT The height limitation for structures within a PUD shall be designated to assure compatability with adjacent developments according to good site design. 2 - AREA An individual lot for each structure is not required; however, individual lots may be provided at the developer's option. There is no minimum area requirement for lots, and lot boundaries may coincide with structure boundaries if desired. E. ACCESS I - Streets within a PUD may be public and /or private. The Planning 8 Zoning Commission may require dedication of right -of -way and construction of public street(s) through or into the PUD as the Commission deems necessary. F. GENERAL COMPLIANCE 1 - Development within a PUD must comply with all other applicable ordinances not specifically waived by the PUD G. DEVELOPMENT PLAN 1 - The Development Plan shall include both written documents and plans of the entire PUD area and shall . specifically include the following as a minimum: (a) -The location and gross acreage of each density area including the dwelling intensity of any residential areas and the lot sizes and locations of any other uses within the PUD. (b) -The location of areas proposed to be conveyed, dedicated or reserved for public open space, playgrounds, school sites or public buildings. (c) - The location of flood plains and all public streets. (d) -The conceptual location and acreage of private streets and communal open space. (e) -The location and development criteria of all landscaped buffer areas within 100 feet of the perimeter of the parcel. (f) -The development controls which will be applied to assure compatibility of the proposed developments with adjacent development and zoning districts. (g) -The assurance of maintenance and continued protection of the PUD including any of the common open space. (h) -The public dedications 8 physical improvements which 3 will be undertaken to assure compatibility with adjacent land uses and assure that the development will not require any excessive expenditures by the City for road or utility improvements. (1) - A plan for the location of all public utilities. (j) - A Drainage Plan (k) - A plan showing the land uses and density of adjacent development within 200 feet. 2. All plans shall be submitted at a suitable scale to adequately illustrate all required information and shall not result in a plan size exceeding 24" x 36 ". 3. Detailed site plans, showing details in excess of those re- quired on the PUD Development Plan, may be required by City Council as part of a PUD approval. (a) - Where such site plans are required they shall meet the following criteria. (1) - They shall be in compliance with the approved PUD development plan. (ii) - They shall contain all the detailed information required for site plan approval pursuant to section 3N of the zoning ordinance. (iii) -They shall be submitted to the Development Review Board pursuant to section 3N of the zoning ordinance. (iv) - No building permit shall be issued until the site plan is approved by the Development Review Board. H. DESIGNATION OF A PUD DISTRICT 1 - The designation of a PUD district is an amendment to the Zoning ordinance and shall meet all the require- ments of an application for rezoning. 2 - The application for the designation of a PUD district shall be accompanied by a development plan including but not necessarily restricted to, restrictive covenants, home owners association agreement, main- tenance agreements, deeds and agreements estab- lishing easements & rights -of -way. 3 - The Development Plan and supporting documents shall form part of the ordinances & be attached as exhibits thereto. 4 - The City Council may approve a Development Plan as submitted, amend and approve the plan as amended, or disapprove the plan. 5 - Prior to formal consideration of a plan for a PUD, the Planning and Zoning Commission & City Council shall hold a public hearing at which parties or interested citizens shall have an opportunity to be heard in the same manner as required for rezoning application. 6 - One copy of the approved Development Plan together with supporting documents shall be submitted to the Building Inspector for use in issuing building permits and one additional copy shall be submitted to the Development Review Board where site plan approval is required. I. CHANGES TO A DEVELOPMENT PLAN 4 1 - Minor Changes: After favorable action by the Council, minor alterations to the Development Plan which do not substantially change the concept of the PUD may be approved by the Director of Planning if required engineering or other circumstances require minor changes which were not foreseen at the time the plan was approved. 2 - Major Changes: Substantial alterations shall be re- submitted for consideration to the City Council following the same procedure required in the original adoption of the plan. 3 - CHANGES TO A DEVELOPMENT PLAN Major changes which alter the Development Plan sub- mitted to City Council are not permitted without a reapplication to the City Council. J. PLATTING 1 - Platting requirements will be dictated by the proposed Development Plan. The plan must be approved prior to or simultaneously with the approval of the final plat. K. STAGED DEVELOPMENT 1 - If development of the PUD is to occur in phases, then a staging schedule shall be submitted as part of the Development Plan. The staging schedule shall indicate as precisely as possible the timing, land uses, and density bonus features of each phase. 2 - The development permitted in each stage (cumulative) shall not exceed the average density of the entire PUD. 3 - All lands to be dedicated for Public Park, public use or school site purposes shall be dedicated in the first stage of development. 4 - Where a density bonus has been obtained for Park, roadway or utility development such development shall be completed within 24 months of dedication. 5 - All park, roadway and utility development shall be bonded to the satisfaction of the Director of Parks 8 Recreation and the Director of Public Works res- pectively prior to approval of a development plan by the City Council. L. PROCEDURE: 1 - PREAPPLICATION CONFERENCE: Prior to filing an application for PUD approval, the prospective applicant shall request a preapplication conference with the Director of Planning. Upon receipt of a written request the Planning Director shall schedule a conference to occur within ten (10) working days. At the conference the general outline of the PUD proposal, evidenced schematically by sketch plans, shall be presented by the applicant. Thereafter, within ten (10) days the Director of Planning shall furnish the applicant with his written comments regarding the conference, including appropriate recommendations to inform and assit the applicant in the preparation of the development plan. 2. ZONING REQUIREMENTS: All zoning procedures, including fee payment, shall be in accordance with Chapter 11, City Code of Ordinances. 5 M. RECORDING A PUD 1. The PUD agreement and development plan shall be recorded against the title of all parcels contained in the PUD upon final approval of the PUD by the City Council. A. All ordinances parts of ordinances or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 7 AD and APPROVED on first reading this the /0 day of 2/14A/ , 1986. q, READ, AP VED and ADOPTED on second reading this the �f 0 - day of AL/y1.Q / , 1986. ATTEST: 1 #i /!/ 4'ANNE LAND, City Secretary DLW/Jmb Easy Program Titled: PUD Ordinance Revised 6/17/86 6 MIKE ROBINSON, Mayor City of Round Rock, Texas CRITERIA POLICY FOR PLANNED UNIT DEVELOPMENTS 1. Intent 1.1 - All Planned Unit Developments shall meet the following goals and objectives in order to be approved. 1.1.1 - Planned Unit developments shall be required to demonstrate that the proposed development is better than development that would occur under the standard Zoning ordinance requirements. 1.1.2 - Planned Unit Developments shall be in harmony with the general purpose, goals, objectives and standards of the General Plan. 1.1.3 - Planned Unit developments shall not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare. 1.1.4 - Planned Unit Developments shall be adequately served by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, etc. 1.1.5 - Planned Unit Development shall be constructed, arranged and maintained so as not to dominate by scale 1 massing of structures the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning districts. 2. Criteria for Determining Residential Density. 2.1 Residential Density Bonuses may be granted for developments which meet the City's goals 1 objectives in accordance with the following criteria only where the dedications or construction outlined is deemed appropriate for City needs by the appropriate city staff. Bonus for Planned Unit Developments. 2.1.1. The acreage of those portions of lands in excess of standard City requirements dedicated for park which consist of usable land of a size and configuration suitable for park requirements, outside of designated flood plains and unobstructed by physical constraints, rights-of-way or easements which would limit its development For park purposes may be utilizied for overall density calculations and may be granted an additional bonus of 25% of the land area so defined. 2.1.2. The development of sports fields and playground facilities approved by the Director of Parks and Recreation, off site streets, traffic signals or oversized utilities approved by the Director of Public Works, and public facilities approved by the Director of Planning & Community Development may qualify the developer for additional bonuses based on the cost of construction with the dollar value estimate being furnished by the developer & approved by the appropriate city staff. One additional unit shall be credited for each $3000 of qualifying development. 2.1.3. The acreage of all lands dedicated for public use and school sites at no cost to the City of Round Rock or the Round Rock I.S.D. may be utilized for overall density calculations and the acreage of those portions of lands dedicated for public use or school sites which consist of useable land of a size and configuation suitable for public uses or school and play field requirements outside of designated flood plains and unobstructed by physical constraints, rights-of-way or easements which would limit its development for public use or school classroom facilities and ancilliary uses may be granted an additional bonus of 25% of the lands so defined. 2.1.4. Lands dedicated for public park which lie within a 100 year flood plain, or which have physical configurations, or are encumbered by easements or rights-of-way which will restrict their develapability for active park purposes shall qualify for a density calculation of one quarter of the land so defined. 2.1.5. Whereas it is the goal of P.U.D. to promote higher quality development which complements adjacent land uses. The overall quality of development within a P.U.D. together with its integration of the P.U.D. with adjacent land uses shall be the prime determinants of whether or not a P.U.D. is approved. 2.1.5.1. Duality development which involves extra ordinary expenditures for landscaping, etc. may be granted bonuses on the same bases as outlined in Sec. 2.1.2; however, such bonuses shall not exceed a total of 10%. 3. General Criteria 3.1. All school sites shall be used for school classrooms and ancilliary uses only and shall revert to the City of Round Rock for a sum of Ten Dollars if school construction has not commenced within seven (7) years of dedication, or the lands are determined to be surplus to school needs, (with an egtension for up to five (5) additional years at the option of the City Council). 3.2. While street widths etc may be waived, private roads shall be built to the same construction standards as public streets. 3.3. Where access to individual lots within a P.U.D. is via a common parking lot a maintenance agreement and a maintenance account shall be provided to assure the continued maintenance of access and parking. 3.4. A property owners association and maintenance fund shall be established for all Planned Unit Developments to assure the continued maintenance of common property within the development. 3.5. A P.U.D. shall not waive any basic health or safety standards. 7.6. Where parking is waived for a P.U.D. development due to a specific targeted market (e.g. senior citizens housing) an overlay to the site plan shall be provided to show how full parking could be accommodated if conditions change in the future,and a method established to provide for amendments to accommodate such changes. 7.7. All street widths public or private and curve radii shall be designed to assure access by fire and emergency vehicles. 3.8. All utility lines & drainage facilities shall meet full city standards and a maintenance fund shall be established to assure the continued maintenance of all private utility lines & drainage facilities. 3.9. If miged use development occurs in an intensity four (4) area the maximum residential density shall be 20 units per acre. DATE: June 18, 1986 SUBJECT: Council Agenda, June 26, 1986 ITEM: 11C- Consider an ordinance to amend the zoning ordinance to create a P.U.D. zoning district. (Second Reading) The P.U.D. ordinance provides for a flexible zoning tool which would allow development approval tied to a specific development plan. The P.U.D. ordinance provides for density averaging and a bonus on density up to 150% of the base density for dedication of Park and School sites, development of Park sites, excess road and utility construction and superior design and landscaping. The criteria for density bonus may be adopted by Council policy from time to time. The P.U.D. ordinance has been prepared by a Planning and Zoning Commission Committee consisting of three P &Z members and 2 members of the development community together with Planning Staff. The P &Z held a public hearing on June 29th and no representations were received. The P &Z has recommended approval. City Council held a public hearing on June 12, and no representations were received.