§ 52-32c. PUD Planned Unit Development.
(1)
Purposes: The purpose of a Planned Unit Development ("PUD") is to accommodate planned associations of uses developed as integral land use units such as industrial parks or industrial districts, offices, commercial uses, service centers, shopping centers, residential developments of multiple or mixed housing, including multi-family dwellings, single-family dwellings, townhouses or any appropriate combination of uses which may be planned, developed or operated as integral land use units whether by single owner or by a combination of owners. This zoning district shall be permitted for tracts of land not less than thirty (30) acres in area.
(2)
Procedure: The stages or procedure for a Planned Unit Development shall be as follows:
(a)
The application for PUD zoning (Section 3 infra.).
(b)
The submission of a development plan (Section 4 infra.).
(3)
Zoning of PUD districts:
(3.1)
Submission of application: Any person or corporation or group of persons having a proprietary interest in any property of thirty (30) acres or more may file an application for PUD zoning.
(3.2)
Data to accompany application: The application for PUD zoning shall include the following:
(a)
Metes and bounds description of the overall tract with topographic information necessary to project the natural terrain and environmental character of the site.
(b)
A written description of the existing and allowable land use surrounding the proposed PUD district.
(c)
A written description of planning assumptions and projections relating the PUD to the overall community growth and planning goals.
(d)
A plan indicating location of major and secondary thoroughfares, as proposed within the City Master Thoroughfare Plan.
(e)
A categorical listing of the total acreage for each land use related to current zoning district designations or the specific purpose. The designated usage will not be assumed to establish the area requirements as established within the zoning district. All setbacks, height, and coverage will be determined by the approved final development plan.
(f)
Indication by acreage or percentage of total development, all major areas planned for public or private common open space.
(g)
All applications with gross land area of one hundred (100) acres or less shall submit a graphic plan of proposed land use. Applications with gross land area of more than one hundred (100) acres shall have the option of filing either a graphic plan or a perimeter plan indicating land use to a depth of three hundred (300) feet around the exterior of the total site.
(h)
A written indication of the maximum number of residential dwelling units to be constructed within the total PUD district.
(3.3)
Staff review and recommendations: The technical staff shall, as soon as practical, issue a written report thereon to the planning and zoning commission, a copy of which shall be furnished to the applicant.
(3.4)
Planning and zoning commission hearing: The planning and zoning commission shall hold an advertised public hearing on any application for PUD zoning district prior to making its recommendation and shall report their recommendation to the city council in accordance with standard procedures for a change of zoning.
(3.5)
PUD Open space policy: All open space shall be provided at a minimum ratio of .01 acre for each residential unit. For single-family or townhouse land use, the open space may be calculated including front setback areas. Private ownership of these areas is permitted, subject to the following conditions:
(a)
All private park areas shall have grounds and equipment maintained in an attractive manner comparable with the neighborhood.
(b)
Private park areas must be committed to permanent open space by deed restrictions.
(4)
Development plan:
(4.1)
Submission of development plan: After the granting of PUD zoning, and as the applicant desires to develop the PUD district, or any portion thereof, he shall submit a development plan to the department of community development. If the applicant so desires, separate development plans may be submitted at separate times for portions or sub-areas of the PUD.
(4.2)
Contents: The development plan shall contain the following information:
(a)
A description of the area or sub-area included in the development plan by dimensions and bearings on a scaled drawing thereof, or accurate survey with topography grades of not more than five (5) feet.
(b)
A general description of the surrounding area.
(c)
Provisions for public or private streets, alleys, storm sewers, sanitary sewers, setbacks and utility easements. Adequate provisions shall be made for maintenance of municipal utilities on private property. All easements must be reflected on the development plan indicating the following information: location, type and size, along with the volume and page number where the easement is recorded with Dallas County Deed Records.
(d)
Percentage or acreage of projected land uses either for the total area or sub-area consistent with the detailed land use as established in the zoning ordinance and referencing a specific zoning district and all relevant area requirements, including any variances requested for the use proposed.
(e)
Designation and location of open space for total site or sub-area.
(f)
Maximum number and type of residential dwelling units to be constructed in said area or sub-area.
(g)
Anticipated development schedule.
(h)
Protective and restrictive covenants, homeowners association charters, if any.
(i)
Development plans must meet the following criteria to be approved:
1.
The acreage of a designated land use must neither exceed the maximum acreage projected for such use in the application for PUD, nor be such that all the projected minimum acreages for all uses cannot be met.
2.
Single-family detached uses will be allowed to exceed the projected maximum acreage in the application regardless of whether such use was allowed at all. Where single-family detached uses exceed the maximum acreage, such acreage shall be charged against any other usages, regardless of whether the minimum acreage requirements can be met, save and except that the minimum requirements for open space must be met.
3.
Development plans for multi-family uses within the PUD districts shall be accepted and processed only in those PUD districts where such use is designated in a multi-family overlay district consistent with the future land use plan map of the comprehensive plan. The acreage and number of dwelling units shall be charged against the respective category for such use but shall not exceed the maximums set forth in the PUD zoning and further, that the minimum acreage requirement for multi-family uses need not be met.
(j)
Applicant may elect to classify the development plan as a preliminary or final subdivision plat installment, provided all requirements of the subdivision ordinance are met.
(k)
Upon the filing of an application for a development plan with the department of planning and development of the City of Irving, the applicant shall pay to the City of Irving a nonrefundable application fee in accordance with the most recent schedule of fees adopted by the city council to help defray the cost of the processing required by this ordinance.
(4.3)
Staff review: Upon submission of a development plan for a PUD or a sub-area thereof, the technical staff shall confer and consult with the applicant and may make recommendations to the landowner for amplification, deletion or modification thereof. After a full opportunity for consultation between applicant and the technical staff, the development plan shall be submitted to the planning and zoning commission for final action and approval.
(4.4)
Public notification of development plans: All development plans shall be advertised in the same manner as the standard procedure for a change in zoning before the planning and zoning commission. Such advertisement shall include, but not be limited to, notification of property owners within two hundred (200) feet of the development plan area no less than ten (10) days prior to the planning and zoning commission public hearing, and posting of the development plan area with signage in accordance with the timing and locational requirements of section 52-62. A petition of opposition signed by the owners of property within two hundred (200) feet of the development plan area shall not mandate a three-quarter (¾) vote of the planning and zoning commission to approve the development plan.
(5)
Appeals: In the event that the applicant or an owner or owners of twenty (20) percent of the land within the two hundred (200) feet notification area objects to any action of the planning and zoning commission in connection with a development plan, he/she may file with the zoning administrator a written objection to such action within ten (10) days of the planning and zoning commission action. An applicant or landowner who files such written objection shall have the right to present such objection to the city council. Public notice for an appeal shall be the same for the city council hearing as for the planning and zoning commission hearing. At such meeting, the city council shall review the decision of the planning and zoning commission and the objection filed, and take such action as it may deem appropriate.
(6)
Amendment to PUD zoning: If the owner/applicant of a tract or lot within an area zoned PUD desires to change the conditions, perimeter tract designations or any other provision of the PUD, the owner/applicant may submit a request to amend the PUD regulations relative to the tract or lot. In order to protect the integrity of a PUD, changes to PUD zoning shall require additional procedural steps to ensure that all potentially affected parties are notified. The following steps are required in order to amend the PUD regulations relative to a particular property within a PUD.
(a)
Regardless of the land area of the tract or lot, the applicant shall submit a development plan which incorporates all the elements required by subsection 52-32c(4) of this ordinance, and a conceptual plan showing the proposed development's land uses, the approximate acreage of each land use, preliminary street and alley layout, and open space. The applicant shall also submit a detailed written description of the proposed land uses and development regulations, including other appropriate exhibits applicable to the proposed development, which may include, but not be limited to, specific land uses, lot area, setbacks and dimensional controls, lot coverage, density or floor area ratio, height restrictions, landscaping, screening, fencing and walls, building materials and colors, architectural style, open space, street and alley standards, provisions for utilities, signage, public use areas and amenities, other thematic elements, and proposed deed restrictions. Staff may request any or all of the above information, or any other information it deems necessary to assist in analyzing the request and preparing its report to the planning and zoning commission and city council.
(b)
For all such applications, the applicant shall also submit a written narrative which cites the specific provisions of the PUD zoning with which the proposed development plan does not comply, and how the proposed development plan will be more appropriate or compatible, or yield a higher public benefit relative to development allowed under the existing PUD requirements.
(c)
Staff will process and provide public notice of the request in accordance with the standard development plan application review process, except that (1) notification of the public hearings to consider the request shall be mailed to all property owners within four hundred (400) feet of the request property and all property owner associations of which the city is aware within the PUD, and (2) at least one (1) sign shall be posted at all entrances to the PUD within five hundred (500) feet of the request property, or as directed by the community development director or designee. In order to ensure compliance with (2) above, the applicant shall provide as part of the application a vicinity map showing all entrances into the PUD within five hundred (500) feet of the request property.
(d)
Since the proposed development plan constitutes a change in the zoning conditions of the property, the request shall be forwarded from the planning and zoning commission to the city council for final consideration. The requirements for a three-fourth (¾) affirmative vote for approval shall apply the same as for any other zoning request should twenty (20) percent or more of the property within two hundred (200) feet of the request site be represented by written opposition.
(e)
New development within the boundaries of such development plan must be in compliance with all requirements and standards of the approved development plan.
(f)
The application fee for an amendment to a PUD zoning shall be the same as for a detailed site plan (S-P-1) application for the same area.
(7)
Disposition of previously approved project plans:
(a)
Project plans that were required and approved prior to (effective date of this ordinance) shall remain in effect only in regard to the following specific provisions:
1.
If an approved project plan includes a specific requirement for landscaping, building materials, fencing or screening, parking, additional setback, hours of operation, lighting or any other site-specific development requirement that was established as part of the public hearing process before the planning and zoning commission and/or city council, and that exceeds the minimum standards of the approved development plan, such specific requirements shall remain in effect for the existing development and any change to the existing development. Any proposed changes to those specific requirements that exceed the minimum standards of the approved development plan that were established by the project plan are subject to the submittal and approval of a new development plan for the property covered by the previous project plan.
2.
If an approved project plan does not include a specific requirement for landscaping, building materials, fencing or screening, parking, additional setback, hours of operation, lighting or any other site-specific development requirement that was established as part of the public hearing process before the planning and zoning commission and/or city council, then any future development of that property including changes to the existing development need comply only with the standards established by the approved development plan. No project plan or revised/amended project plan shall be required prior to issuance of building permits for new development on such properties.
(Ord. No. 2569, § 8, 8-30-73; Ord. No. 3358, §§ 2, 3, 9-27-79; Ord. No. 5187, §§ 1—4, 4-2-87; Ord. No. 6548, § 1, 12-15-94; Ord. No. 6701, § 2, 11-2-95; Ord. No. 7100, § 1, 8-12-97; Ord. No. 7626, §§ 3, 4, 3-23-00; Ord. No. 7722, §§ 1, 2, 10-12-00; Ord. No. 8037, § 1, 9-5-02; Ord. No. 5816, § 1, 7-21-05; Ord. No. 8704, § 2, 9-21-06)