§ 4.11. Planned unit development (PUD) overlay.
4.11.01. Purpose: The Planned Unit Development (PUD) option provides for mixed use design and promotes superior development compatible with adjacent land uses. Development flexibility occurs in the program's degree of zoning relief realized from the jurisdiction's traditional land use standards approved by City Council.
4.11.02. Objectives: A typical PUD development project may consist of a mixture of residential, commercial, entertainment, recreational and other site specific compatible type development in character and function to the surrounding community. Objectives of a PUD District are:
(1)
To provide a mechanism by which existing land use and development criteria may be adjusted to accommodate for creative development proposals using an array of otherwise permissible land uses, shared common areas, parking and street system.
(2)
To permit the use of a single development site for the development of a mixture of commercial and residential activities preferably with an 80 to 20 ratio of residential to commercial facilities.
(3)
To encourage comprehensive well planned and creative development of land in the city.
(4)
To strategically limit traffic demands upon city streets and highways. Refer to City of Santa Fe Development Guide Book for traffic impact analysis requirements.
(5)
To establish predetermined amounts of open or green space for the utilization by the public and neighborhood residents.
(6)
To encourage strategic design that results in smaller networks of utilities and streets.
(7)
To encourage a pedestrian oriented environment (sidewalks) with limited vehicular access to commercial areas.
4.11.03. PUD District Unique: Each designated PUD district will have unique standards particular only to that development approved by City Council and duly recorded in the Office of the Galveston County Clerk. No PUD designation may be applied to property located within any Adult Use (AU), Transportation (TR) or Mobile Home (MH) district.
4.11.04. Scope:
(a)
In order to achieve the goals of the City of Santa Fe Comprehensive Plan and to allow flexibility in development that will result in improved design, character, and quality of new mixed use developments and preserve the natural and scenic features of open spaces, a PUD may be established as provided in this chapter.
(b)
A PUD is an amendment to the Zoning Development Standards Ordinance (ZDSO) and the City of Santa Fe Official Zoning Map. An adopted PUD Master Plan may be utilized as an instrument to establish a PUD Overlay on the Official Zoning Map. The adopted PUD map is a zoning overlay map for the property. The establishment of a PUD is an action derived from the adoption of an ordinance. All ordinances approved by City Council require the requisite number of public hearings before the Planning Commission and City Council.
(c)
It is the intent of these PUD provisions to encourage innovative site planning for residential, commercial, institutional, and industrial developments within the PUD. A PUD may provide for variations from the ZDSO and the regulations of other established zoning districts concerning use, setbacks, lot size, density, bulk, and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety, and general welfare.
(d)
The purpose of approving a PUD Overlay is to implement the Comprehensive Plan by providing additional flexibility in land planning that will result in improving design, character, and quality of new, homogenous and mixed use developments; to promote the most appropriate use of land; to facilitate the provision of such things as streets, and utilities; and to preserve the natural and scenic features and open space.
(e)
The City of Santa Fe Comprehensive Plan contemplates the establishment through a rezoning process the PUD concept in any area when an applicant demonstrates that the proposal meets the requirements of City of Santa Fe Zoning and Development Standards Ordinance.
4.11.05. Qualifications for PUD zoning:
(a)
PUD as a planning tool is designed to create innovative site designs. The connection to surrounding areas that increase accessibility and interconnectivity is a goal of PUD and should be encouraged to the greatest extent possible.
(b)
All property that is at least fifteen (15) contiguous acres and eligible to be classified as a priority investment area may be approved as a PUD.
(c)
All applications for a PUD regardless of size shall submit a Concept Plan for review.
(d)
Properties unusually complex or involving environmentally sensitive areas may elect to schedule a pre-application conference with the Community Services Director (CSD) prior to the submission of a Concept Plan to avoid undue delays and expense in the review process.
(e)
All property classified as PUD shall be under single ownership, or if in multiple ownership, then by written consent of all owners who agree to be bound by the PUD designation and regulations.
(f)
The detailed standards set forth herein are minimum requirements and it is the intent of this section that city staff and the Planning Commission may recommend to City Council, and City Council may impose additional conditions and safeguards in excess of, or in addition to, the specified minimal requirements. Nothing in this section should be construed as entitling any party to a PUD Overlay classification.
(g)
PUDs will be approved only in areas where the infrastructure necessary to support the proposed development already exists; is slated to exist; or, the developer may extend services to the site.
4.11.06. General Considerations: The following is a list of general considerations to be reviewed by City staff, the City Planning Commission, and the City Council when considering applications for PUD classification.
1.
The applicant's statement describing the character of and rationale for the proposed development.
2.
The appropriateness of each development area and the development standards proposed for each area.
3.
Land uses proposed within the prospective PUD.
4.
The location of major components in each proposed phase of the PUD shall be clearly marked so that City staff, the Planning Commission and City Council can evaluate the functionality of each phase as a stand-alone entity.
5.
Compatibility of proposed land uses within the PUD and the surrounding area.
6.
Infrastructure capacity and the effect upon public services to include the cumulative impact of existing zoning in the surrounding area.
7.
Conformance with engineering and other technical requirements.
8.
Effects upon public health, safety, and general welfare.
9.
Land usage densities and intensities as they compare to current City underlying zoning requirements.
10.
Impacts on local and regional transportation facilities.
4.11.07. Special Considerations: The following list includes special considerations to be made when reviewing applications for PUD classification. Satisfaction of these requirements is not mandatory, but are strongly recommended and most desired.
a.
Placement of structures on most suitable sites with consideration of topography, soils, vegetation, slope, etc.
b.
Preservation of open space, natural and cultural areas, as well as the creation of active and passive recreation to include greenways, sidewalks, and other pedestrian/bicycle circulation networks that serve to connect significant areas and various land uses.
c.
Enhanced landscaping, deeper buffers, and increased planting along public rights-of-way, open space/recreational areas, and the overall perimeter of the project.
d.
Separation of vehicular, pedestrian, and/or bicycle traffic lanes, internal traffic patterns, connections to adjacent properties/interconnectivity, and other traffic mitigation measures.
e.
Provision of affordable housing.
f.
Public benefits (e.g., public parks and water access) and community facilities and the access thereto.
g.
Sensitive treatment of perimeters to mitigate negative impacts upon adjoining property and existing residents.
h.
Placement of utilities underground.
4.11.08. Permitted Uses:
1.
The PUD development agreement shall detail authorized land uses to be permitted by the City. Such uses shall comply with required approval processes outlined in the Zoning Ordinance.
2.
There shall be no areas of a PUD that are unspecified as to the type of land uses that will occupy those particular areas.
3.
The development plan text is the ultimate authority regarding density, use and development provided that the development plan shall not exceed the maximum number of residential units and commercial lots identified in the Master plan.
4.
The development plan must account for all residential units and nonresidential square footage within specified phases of the development plan. In the event a development plan departs from the Master Plan, City Council approval is required. Nothing in this section shall prohibit the transfer of development from one tract to another tract within phases, provided such transfer is in compliance with the approved Master Plan for proposed use, density and location.
4.11.09. General Standards:
(a)
All property in a PUD shall be required to adhere to the City's zoning standards unless otherwise stated in the PUD Ordinance. The regulations applicable to the uses in an approved PUD shall be those of the zoning district where such uses are typically allowed unless a variation or deviation from the restrictions are clearly stated in writing in the Master Plan and approved by Ordinance.
(b)
No development shall occur in buffer or setback areas except as provided explicitly in the PUD Ordinance.
(c)
This ordinance shall be reviewed for continuing development applicability and legal compliance every three (3) calendar years.
4.11.10. Application:
a.
A request for PUD classification shall be processed as an amendment to the City of Santa Fe Zoning Development Standards Ordinance (ZDSO) and the Official City of Santa Fe Zoning Map.
b.
To initiate a PUD classification designation, an application shall be filed with the City Community Services Department.
c.
The application shall contain, at a minimum, a legal description of the property and, if in multiple ownership, the written consent of all owners who agree to be bound by the PUD overlay designation and regulations.
d.
A Concept Plan shall be submitted with the application to the Office of the Community Services Director. Applications and Concept Plans will be forwarded to the City Planning Commission with the CSD's comments and recommendations.
4.11.11. Concept Plan.
a.
The choice of a Concept Plan to initiate a PUD amendment to the Official Zoning Map will require a "three-step review and approval process" of the PUD. The Concept Plan is the first step, followed by a Master Plan and a Development Plan. The Concept Plan and the Master Plan will necessitate a review and recommendation from the Planning Commission, and the adoption by an Ordinance for the Master Plan.
The Development Plan is an implementation of the Master Plan and shall be reviewed by the CSD.
b.
A Concept Plan shall contain all of the following:
1.
A narrative statement by the applicant as to the goals of development and a definitive justification of why a PUD designation is desirable to achieve the goals.
2.
The types of uses proposed for the PUD, either specifically or generally. To avoid miscommunication and to encourage ease of administration, applicants are encouraged to specifically designate the uses proposed, (i.e. single-family residences, offices, and business parks).
3.
The total number of units for residential uses and proposed non-residential uses shall be specified along with the total acreage.
4.
A general layout of roadways of major circulation, including their widths and whether they are to be publicly or privately maintained.
5.
A description or list of any proposed variations or deviations from the ZDSO standards and what are proposed in their place. The applicant shall provide a clear and concise statement of any proposed variations or deviations from the ZDSO, and the reasons for the variations or deviations.
6.
The applicant shall, at the time of filing, provide letters from utility providers, indicating the ability of utility providers to service the PUD, or, what would be required to provide such services.
7.
A proposed build-out schedule.
8.
A statement identifying existing buildings, structures, or other facilities on the property including identification of designated historic properties, as applicable.
9.
Identification, by name, number, and width of existing public rights-of-way on/or adjacent to the property, and the proposed access to such existing rights-of-way.
10.
Proposed storm-water mitigation for any deviations from the ZDSO.
11.
The proposed ownership and maintenance of rights-of-way, drainage systems, water and sewer systems, open space systems, and amenities.
12.
A description of known archaeological sites or historic structures on the property, and the proposed approach for protecting them and any others that might be discovered during development.
13.
A site map/plan delineating the vicinity of the property; the boundary lines of the property; any rivers, creeks, marshes, and general patterns of wetlands on or adjacent to the property; land uses adjacent to the property; municipal or county boundary lines adjacent to the property; designated historic structures and archeological/cultural resources on or adjacent to the property, as applicable; any flood hazard and all overlay district boundary lines; proposed access to existing roads; and arrangement/layout or land uses, approximate acreage of each land use area, type of use and residential density of each use area.
14.
A traffic impact analysis.
15.
A natural resources survey shall be performed utilizing the best information reasonably available from City of Santa Fe or other public or private sources. The analysis performed may not be exhaustive, but it must be representative of the natural resources found within the boundaries of the project. The typical resources of concern include, but are not limited to: wetlands, drainage features, significant stands of trees, specimen trees, marshes, topographical features, animal or plant habitats, soil types, bird nesting areas, rivers, streams, etc.
16.
Parking spaces shall be accounted for on the Concept Plan in accordance with the ZDSO. Any deviation or variation shall be explained. All parking spaces that are to be counted to meet parking requirements must be located on non-publicly owned property unless otherwise specifically approved in the PUD ordinance. Parallel parking on streets that the developer anticipates will be maintained by the public cannot be counted in the parking requirements for the proposed development.
c.
The City Council will consider the application, Concept Plan and recommendations from City Planning staff and the City Planning Commission. City Council shall examine, consider, and address issues relating to financial impacts upon the City, environmental impacts, and required infrastructure to serve the PUD. The City Council may require submission of additional maps, data, or proposed methods of addressing other pertinent matters relative to the development, which are reasonably available, and where, owing to the nature, size, and location of the proposed development, are critical to the health, safety, and welfare of the community and its citizens. Such elements may be, but are not limited to, Environmental Impact Statements as to specific matters not otherwise required or adequately addressed herein, hurricane evacuation, other emergency preparedness and response, historical preservation, shoreline erosion, public access, community linkages, public education, and the like. Should additional information be requested by the City Council, the City Council may request the review and recommendation of City Planning staff and the City Planning Commission relative to the additional information. When necessary and appropriate to address such issues, the City staff may recommend to City Council a "development agreement" as a prerequisite to approving a PUD hereunder, in accordance with the Texas Economic Development Act.
d.
Upon approval by the City Council of the application and Concept Plan, property greater than fifteen (15) contiguous acres may be classified as a PUD. Once designated or permitted as a PUD, continuing inactivity phased or otherwise for a period exceeding twenty-four (24) months shall terminate the PUD designation and associated permits.
e.
A conceptual PUD shall not entitle an owner of the affected property any right to develop or engage in any land use or land disturbing activity. Further, initial conceptual application for PUD does not vest a developer any number of residential units or commercial/institutional/or any amount of industrial use. To engage in development or any land use or land disturbing activity other than that in existence when PUD classification is approved, the development plan(s) must be approved for the areas to be developed or engaged in land disturbing activity. A conceptual classification of PUD is not deemed by the City to constitute the commencement of activity or use that would abrogate exemptions, tax or otherwise, attendant to silvi-culture activities.
4.11.12. The Master Plan:
(a)
A Master Plan shall be developed for the entire PUD property. The Master Plan shall be submitted to the City Planning staff to review; then, to the Planning Commission for review and recommendation to City Council for action. The minimum requirements of the Master Plan shall include all Concept Plan requirements and the following:
1.
The applicant shall supply the required number of copies of the Master Plan as directed by staff.
2.
Proposed arrangement of land uses, including land for public facilities, approximate acreage of each use, including mixed use, by acre or tract, type of use and density (residential use tracts). All specified densities will be construed as maximums, with acceptance of the maximums subject to satisfaction of other provisions with the PUD Ordinance.
3.
A boundary survey tied to the latest datum with the computed acreage of the tract bearing the seal of a Texas registered land surveyor. A file copy of GIS disk/CAD.
4.
The location of primary control points to which all dimensions, angles, bearings, block numbers, and similar data shall be referred.
5.
The proposed name of the development.
6.
Type of land use of all parcels contiguous to the development property.
7.
A map or site plan showing:
a.
The location, dimensions, descriptions, and flow of existing watercourses and drainage structures within the tract or on contiguous tracts.
b.
Location of municipal limits or county lines, and district boundaries, if they traverse the tract, form part of the boundary of the tract, or are contiguous to such boundary.
c.
Vicinity map or sketch showing the general relationship of the proposed development to the surrounding areas with access roads referenced to the intersection of the nearest state primary or secondary paved roads.
8.
Topographic survey of the property.
9.
The location, dimensions, name, and description of all existing or recorded streets, alleys, reservations, easements, or other public rights-of-way within the tract, intersecting, or contiguous with its boundaries or forming such boundaries.
10.
The location, dimensions, name, and description of all existing or recorded residential lots, parks, public areas, permanent structures, and other sites within or contiguous with the tract.
11.
The proposed location, dimensions, and description of land(s) for public facilities.
12.
Proposed street system layout, vehicular, pedestrian, and bicycle paths, with review by the Community Services Director or his assigned agent.
13.
Traffic impact analysis plan if (more than 50 ADT/average daily trips) required under the general provisions of the ZDSO, with review by the City transportation planner or engineer. If mitigation is requested by the traffic planner or engineer, the applicant must submit a response to the mitigation request and justification for any proposed departure from that request.
14.
A drainage plan and water and sewer plan for the entire PUD with the review by the Community Services Director or his assigned agent.
15.
The location of any Overlay District boundary on the development property.
16.
Preliminary written comments from affected agencies having approval or permitting authority over elements related to the proposed development, or evidence that a written request for such comments was properly submitted to the agency and a reasonable period of time has elapsed without receipt of such comments.
17.
The proposed ownership and maintenance of streets, drainage systems, water and sewer systems, open space areas, parking areas, and other proposed amenities and improvements; and when any are to be privately owned, a description of the mechanism to be used to secure their future maintenance, upkeep, and upgrading.
18.
Proposed phasing and time schedule if development is to be done in phases.
19.
Proposed phasing and time schedule for lands to be dedicated for public facilities.
20.
Proposed internal site planning standards such as typical lot sizes, widths, setbacks, and buffers aimed at addressing potential incompatibility between adjacent land uses and activities.
21.
Letters of capability and intent to serve community water supply, sewage and solid waste disposal, and other utility services from the affected agency or entity, where applicable.
22.
A statement describing the character of, and rationale for, the proposed Master Plan.
23.
Other information or descriptions deemed reasonably appropriate for review.
(b)
Upon review of the proposed Master Plan, the City Council may move to approve or disapprove the Master Plan. The City Council may request additional study of the Master Plan.
(c)
All phases of the PUD will be required to adhere to the "latest version" of the ZDSO at the time of development plan submittal for standards (unless exempted within the PUD text) pertaining to:
1.
Tree and landscaping standards;
2.
Storm water best management practices;
3.
Environmental quality standards; and
(d)
Unless otherwise specified in a development agreement, an approved Master Plan may be revised subject to the approval of the CSD for the following changes:
1.
Minor changes in the location of roads or widths of streets or right-of-ways within the master plan;
2.
Minor changes in the allocation of housing density within the master plan so long as the overall approved density of the master plan is not increased; and
3.
Change in the proposed build-out and phasing schedule.
(e)
Any changes to the Master Plan, other than the changes delineated above, shall be considered major and shall require Planning Commission review and approval by City Council.
4.11.13. Development Plan: An approved development plan is required prior to commencement of development (e.g. land disturbance/construction) within any area or phase within the PUD. Development plans must be in conformance with the approved Master plan. Development plan approval must follow the process outlined in the ZDSO.
Sale or transfer of an interest in ownership in a PUD.
The developer of a PUD may sell or transfer ownership of all or a portion of the PUD in accordance with the following procedures and provisions:
1.
A Concept Plan and or Master Plan for the PUD shall have been approved by City of Santa Fe, Texas City Council;
2.
Property covenants and restrictions shall run with the land and a written acknowledgement of such covenants and restrictions shall be provided by the purchaser and dully recorded as a deed restriction;
3.
The developer must submit a sworn affidavit from the prospective purchaser of a development tract wherein the purchaser waives rights to the guarantee of the installation of required improvements afforded through the PUD Ordinance for the subdivision of land, and further acknowledges and agrees that an initial Master Plan and Final Development Plan must be submitted, and a development permit awarded, prior to commencement of any development on the tract;
4.
The developer must submit a "plat for certification" and recording by the Community Services Director (CSD) and subsequently record such plat prior to the sale or transfer of any development tract or phase; and
5.
This procedure will not be permitted for the sale or transfer of any individual single-family lot or group of lots intended for construction of one single-family dwelling.
4.11.14. Applicant reconsideration of PUD designation:
a.
Within 30 days after the approval by City Council of the Concept Plan or the Master Plan, the applicant may elect to withdraw from a PUD classification designation upon a written notification by certified mail to the City Council. If withdrawn, the zoning for the area shall be unchanged from the zoning existing before the application was submitted.
b.
If a PUD Concept Plan or Master Plan is not withdrawn within 30 days upon proper notification to the City Council, the uses, densities, and development parameters set forth in the PUD shall thereafter be restricted to those approved by the City Council."
4.11.15. Major vs. Minor change authority:
a.
City Council shall approve any major change to any PUD. Major changes shall include: Master Plan changes, overall density increases; use changes, new streets and drainage, MUD amendments and open community status.
b.
The Community Services Director is authorized to approve minor changes to a PUD. Minor changes shall include Phase Plan in field adjustments phase density modifications less than fifteen (15) percent and streets and drainage relocations.
4.11.16. MUD Exit Strategy: Up to a five (5) year extension on the debt repayment period may be authorized by City Council up front. However, the City of Santa Fe, Texas shall annex into its jurisdiction any Municipal Utility District (MUD) in its entirety authorized to operate for use in any PUD within the city limits not more than twenty-years (20) years after such MUD's creation. Debt amounts for any MUD shall be limited to repayment periods not to exceed thirty (30) years from the creation of such MUD.
(Ord. No. 07-2006, 4-27-06)