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O-90-1284 - 1/11/1990TCORD6 ORDINANCE NO. /W L / T AN ORDINANCE AMENDING CHAPTER 11, ORDINANCES, CITY OF ROUND ROCK, TEXAS UNIT DEVELOPMENT ZONING DISTRICT CLASSIFICATION. BE IT ORDAINED BY THE COUNCIL OF THE TEXAS. 1. INTENT 2. ENACTMENT BY ORDINANCE I. J.2 District Planned Unit Development (P.U.D.) ZONING, CODE OF ; ADOPTING A PLANNED DESIGNATION AND CITY OF ROUND ROCK, That Chapter 11, Section 3 of the Code of Ordinances, City of Round Rock, Texas, is hereby amended by adding a new subsection J.2. which shall read as follows: Proper private development of infill areas, as well as the comprehensive development of large areas of vacant or substantially vacant land, require a flexible approach to be available both to the City and to the landowner. The P.U.D. 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 compatible with adjacent land uses. By enacting this ordinance, 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 conflicts between neighbors or adjoining property owners. This ordinance is intended 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 landowners of Round Rock. The decision of the Planning and Zoning Commission on an application for a P.U.D. 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 then 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 for any zoning amendment. The City Council's approval of a P.U.D. shall be by amendment to the zoning ordinance. Said amendment shall designate and define the boundaries of the P.U.D. and include such conditions as the City Council determines are necessary to secure and protect the public health, safety and general welfare. 3. FLEXIBLE SITE PLANNING When considering a P.U.D., the unique nature of each proposal for a P.U.D. may require, under proper circumstances, the departure from certain codes and ordinances. The adoption of an ordinance approving a P.U.D. shall constitute authority for such flexible planning to the extent that the P.U.D., as approved, departs from City codes and ordinances. 4. STANDARDS AND CRITERIA A. Before approving a P.U.D., the City Council shall determine that it meets the following goals and objections: (1) The development in the proposed P.U.D. is equal to or superior to development that would occur under the standard ordinance requirements. 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) A P.U.D. shall be in harmony with the general purposes, goals, objectives and standards of the General Plan. (3) ( (5) B. • SIZE A P.U.D. 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. A P.U.D. shall be adequately served by essential public facilities and services including streets, parking, drainage, water, wastewater facilities, and other necessary utilities. A P.U.D. shall be constructed, arranged and maintained so as not to dominate, by scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district. (1) There is no minimum or maximum size for a P.U.D.; however, a P.U.E. must consist of a parcel or group of parcels which form a single contiguous land unit. For this purpose, an ownership separated solely by the width of a public or utility rights -of -way will be considered contiguous. 2. C. PERMITTED USES (1) A P.U.D. may be utilized for any type of land use, provided all uses are designed to be compatible with adjacent uses and the General Plan. D. DENSITY (1) The maximum density of a P.U.D. shall be determined by the General Plan or the existing zoning district. (2) Minimum lot sizes as required by the subdivision and zoning ordinances may be waived provided: (a) The overall base density of the P.U.D. shall not exceed the density normally allowed in the General Plan or the existing zoning district; (b) The P.U.D. provides for adequate buffers and the restriction of building massing to assure compatibility with adjacent development and other buildings within the P.U.D.; and (3) (c) The P.U.D. preserves natural features on the site. Density transfers and bonuses may be granted within a P.U.D., which would result in a variety of densities for specific parcels within the P.U.D. while maintaining the overall permitted density of the entire P.U.D., based on the following: (a) Full density transfers, plus a twenty -five percent (25 %) density bonus for land dedicated for parkland, school sites and public buildings, where dedication exceeds standards contained in City ordinances, may be permitted when such dedications meet the following criteria: (i) The land is outside of the designated one hundred (100) year flood plain and is not obstructed by physical constraints, rights -of -way, or easements which would limit its suitability for the proposed use; (ii) The dedication is of a size and configuration suitable for the proposed use; and (iii) The calculation of density transfers excludes all public utility easements, drainage easements and public roadways. 3. (b) Partial density transfers may be permitted for dedicated parklands which exceed dedication standards contained in City ordinances and which do not qualify for full density transfers, provided such dedications meet the following criteria: (i) The land lies within a one hundred (100) year flood plain or is of a size or configuration which limits its suitability for active playfield uses; (ii) The calculation of density transfers excludes all public utility easements, drainage easements and public roadways; and (iii) The calculation of the density transfer is reduced to equal twenty -five percent (25 %) of the full density transfer; except that this calculation may be increased up to a maximum of full density transfer where the dedication is certified by the Director of Parks and Recreation to be necessary or desirable for the implementation of the City's Parks Development Guide. c. Density Bonus for Special Construction (i) Additional density bonuses may be permitted where special construction of public facilities is provided, in excess of that required by city ordinance, and acceptable to the appropriate City official. Such density bonuses shall be calculated to allow one additional dwelling unit for each three thousand dollars ($3,000.00) of qualifying construction. The dollar value estimate shall be furnished by the developer and approved by the appropriate city staff; and (ii) s Additional density bonuses may be permitted for quality development which involves extraordinary expenditures for landscaping in excess of that required by City ordinance, and acceptable to the appropriate City official. Such density bonuses shall be calculated to allow one additional dwelling unit for each three thousand dollars ($3,000.00) of qualifying construction. The dollar value estimate shall be furnished by the developer and 4. (2) AREA F. ACCESS E. HEIGHT AND AREA REQUIREMENTS (1) HEIGHT approved by the appropriate City staff. The total bonus available under this provision shall not exceed ten percent (10 %) of the normally permitted density. (d) The total of all density transfers and bonuses combined shall not result in a new density greater than one hundred fifty percent (150 %) of the density allowed on the land by the General Plan or the existing zoning district. All bonus and density transfer calculations shall be calculated separately and added together. The effect of these calculations is cumulative, but not compounding. The height limitation for structures within a P.U.D. shall be designated to assure compatibility with adjacent developments and other portions of the P.U.D. 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. (1) Streets within a P.U.D. may be public and /or private. The City may require dedication of rights -of -way and construction of public streets through or into the P.U.D. (2) While street width design criteria may be waived, private roads shall be built to the same construction standards as public streets. (3) Where access to individual lots within a P.U.D. is via a common parking lot, a maintenance agreement and a maintenance fund shall be provided to assure the continued maintenance of access drives and parking. (4) All pavement widths and curve radii, for both public and private streets, shall be designed to assure adequate access by fire and emergency vehicles. 5. G. GENERAL PROVISIONS (1) Development within a P.U.D. must comply with all other applicable ordinances not specifically waived by the P.U.D. (2) Where a P.U.D. creates any common property, a property owners association and maintenance fund shall be established for the P.U.D. to assure the continued maintenance of common property within the development. The association shall be legally incorporated prior to the approval of the first plat within the P.U.D. or the issuance of the first building permit, whichever first occurs. (3) A P.U.D. shall not waive any basic health or safety standards. (4) Where parking is waived for a P.U.D. due to a specific targeted market (e.g. senior citizens housing), an overlay to the development plan shall be provided to show how full parking could be accommodated if conditions change in the future, and a method established to accommodate such changes. (5) All utility lines and drainage facilities shall meet all City standards and a maintenance fund shall be established to assure the continued maintenance of all private utility lines and drainage facilities. H. DEVELOPMENT PLAN (1) The Development Plan shall include both plans and written documents for the entire P.U.D. area and shall specifically include the following as a minimum: (a) The location and gross acreage of each density area including the dwelling intensity of any residential areas or the lot sizes and locations of any other uses within the P.U.D. (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 the twenty -five (25) year and one hundred (100) year flood plains and all public streets. (d) The conceptual location and acreage of private streets and common open space. 6. (e) The location and development criteria of all landscaped buffer areas within one hundred (100) feet inside the perimeter of the parcel. (f) The development controls which will be applied to assure compatibility of the proposed development with adjacent existing development and zoning districts. (g) The assurance of maintenance and continued ' protection of the P.U.D., including any of the common open space. This includes, but is not necessarily limited to, restrictive covenants, home owners association agreements, maintenance agreements, deeds and agreements establishing easements and rights -of -way. (h) The public dedications and physical improvements which will be undertaken to assure compatibility with adjacent land uses and the assurance that the development will not require any excessive expenditures by the City for road or utility improvements. (i) A plan for the location of all public utilities. (j) A drainage plan. (k) A plan showing the land uses and density of adjacent development within two hundred (200) feet of the boundary of the P.U.D. (2) All plans shall be submitted at a suitable scale to adequately illustrate all required information and shall not result in a sheet size exceeding 30" X 40 ". (3) Detailed site plans, showing details in excess of those required on the P.U.D. Development Plan, may be required as part of a P.U.D. approval. Where such site plans are required they shall meet the following criteria: (a) They shall be in compliance with the approved P.U.D. Development Plan; (b) They shall contain all the detailed information required for site plan approval pursuant to the zoning ordinance; (c) They shall be submitted to the Planning and Zoning Commission for approval; and 7 . (d) No building permit shall be issued until the site plan is approved by the Planning and Zoning Commission. (4) A Conceptual Development Plan may be substituted for the Development Plan described in H.(1) above for multi- staged developments provided that said plan: (a) Clearly defines the uses, total permitted development and primary transportation system; (b) Clearly defines the methods by which land uses proposed along the boundary of the proposed P.U.D. will interface with existing adjacent development; (c) Sets forth the manner in which the details outlined in H.(1) shall be provided to the City for approval as part of an ongoing approval process; and (d) Sets forth all necessary terms of reference by which ongoing approvals will be evaluated. I. DESIGNATION OF A P.U.D. DISTRICT (1) The designation of a P.U.D. district is an amendment to the Zoning Ordinance and shall meet all the requirements of an application for rezoning. (2) The Development Plan and supporting documents shall form part of the ordinances and be attached as exhibits thereto. (3) The City Council may approve a Development Plan as submitted, amend and approve the Plan as amended, or disapprove the Plan. (4) Prior to formal consideration of a Plan for a P.U.D., the Planning and Zoning Commission and City Council shall hold public hearings at which parties or interested citizens shall have an opportunity to be heard in the same, manner as required for a rezoning application. ^ - (5) One copy of the approved Development Plan, together with supporting documents, shall be submitted to the Building Official for use in issuing building permits. J. CHANGES TO A DEVELOPMENT PLAN (1) Minor Changes: After an approval by the Council, minor alterations to the Development Plan required by engineering or other circumstances which do not 8 . substantially change the concept of the P.U.D., may be approved by the Director of Planning and Community Development. (2) Major Changes: Major changes shall be resubmitted following the same procedure required in the original P.U.D. application. K. PLATTING (1) Platting will be determined by the proposed Development Plan. The Development Plan must be approved prior to or simultaneously with the approval of any plat. L. PHASED DEVELOPMENT (1) If development of the P.U.D. is to occur in phases, then a schedule shall be submitted as part of the Development Plan. The schedule shall indicate the timing, land uses, density and density bonus features of each phase. (2) All lands to be dedicated for public parkland, public use or school site purposes shall be dedicated in the first phase of development, or a schedule outlining when such dedications are to be made, shall form part of the Development Plan. (3) Where a density bonus has been obtained for park, roadway landscaping or utility development, such development shall be completed within twenty -four (24) months of dedication. (4) Fiscal assurances for all park, roadway and utility construction shall be provided, to the satisfaction of the Director of Parks and Recreation or the Director of Public Works, prior to the approval of the Development Plan. (5) M. PROCEDURE: When a Conceptual Development Plan is submitted under H.(4), the requirements outlined in L.(3) may, at the discretion of the City, be met as part of the ongoing approval process on a phased basis. (1) PREAPPLICATION CONFERENCE: Prior to filing an application for P.U.D. approval, the prospective applicant shall request a preapplication conference with the Director of Planning. At the conference, the general outline of the P.U.D. proposal, evidenced schematically by sketch 9 . • (2) ZONING REQUIREMENTS: N. RECORDING A P.U.D. (1) The P.U.D. agreement and Development Plan shall be recorded in the official deed records of the county. The recording costs shall be paid by the applicant. 1. Ordinances 1203 and 1232 and any other ordinances, parts of ordinances or resolutions in conflict herewith are expressly repealed. 2. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. L/ of u AD SSED, and ADOPTED on first reading this /IL1 day 99 plans, shall be presented by the applicant. Thereafter, within ten (10) days, the Director of Planning, or his designee, shall furnish the applicant with his written comments regarding the conference, including any appropriate recommendations, to inform and assist the applicant in the preparation of the Development Plan. All zoning procedures, including fee payment, shall be in accordance with Chapter 11, City Code of Ordinances. II. Alternative 2. READ and APPROVED on first reading this the of , 1990. READ, APPROVED and ADOPTED on second reading this the of , 1990. ATTEST: 4 11VIAJI ' i f NE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas 10. day day DATE: January 9, 1990 SUBJECT: City Council Meeting, January 11, 1990 ITEM: IOB. Consider an ordinance amending Chapter 11, Zoning, Code of Ordinances, adopting a Planned Unit Development Zoning District designation and classification. (First Reading) STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval The attached ordinance will consolidate existing ordinances 1203 and 1232 into a single ordinance. It will also amend these ordinances by specifically providing for a multi staged P.U.D.