The application process for a PUD involves two (2) steps for review of a preliminary and final PUD. The procedures are described below.
(a)
Pre-application Meeting.
The applicant shall meet with the Planning and Zoning Commission to review the PUD requirements and ensure that application materials are complete. A pre-application workshop with the Planning and Zoning Commission may be requested by the applicant to discuss the appropriateness of the PUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. An applicant desiring such a workshop shall request placement on the Planning and Zoning Commission agenda.
(b)
Application. The applicant shall submit the preliminary PUD site plan, meeting the requirements of
§ 15.07: Preliminary PUD Site Plan Submittal Requirements, at least 15 days prior to the meeting at which the Planning and Zoning Commission shall first review the request.
(c)
Governmental Department Review.
The following agencies shall review the application prior to the Planning and Zoning Commission hearing and recommend changes or sign off that they do not have concerns with the application.
(d)
Public Hearing.
The Planning and Zoning Commission shall review the preliminary PUD site plan and shall conduct a public hearing. Legal notice shall be provided to the public by the petitioner consistent with the requirements of the State of Texas. Public notice setting forth the time and place shall be given at least 10 days before the date of the hearing in a newspaper of general circulation by the community. Notification shall also be provided by certified letter at least 10 days before the date of the hearing to all abutting properties in all directions from the subject property and properties across the street. At the public hearing, the petitioner shall provide proof that he has conformed to the above by proof of publication and return-receipt mail or personal sign-off on delivery of notices. The cost of such notices shall be borne by the petitioner.
(e)
Planning and Zoning Commission.
During this review, the Planning and Zoning Commission may request additional materials supporting the PUD proposal, or recommend modifications or conditions based on the standards of
§ 15.08: PUD Site Plan Standards for Approval and comments from the Governmental Department Agencies. Once the Planning and Zoning Commission is satisfied that all of the required information has been provided, the Planning and Zoning Commission shall forward the PUD overlay district and preliminary site plan to the City Council with a favorable recommendation, [or] an unfavorable recommendation based upon the standards of this article.
(f)
City Council.
The City Council may vote on the proposed PUD overlay district within 90 days of its certification by the Planning and Zoning Commission. The City Council may either approve or deny the PUD overlay district. The City Council may also seek modifications or additions to any written commitments.
(g)
Commitments.
Any commitments attached to the approval of the preliminary PUD site plan shall be made part of the approval and shall be reflected in the final PUD site plan. The City of Bells attorney, as applicable, shall prepare the written commitments based on the City Council action. The applicant shall reimburse the City of Bells attorney, as applicable, for all costs related to the preparation of the written commitments. The shall be signed by the City Council and the applicant and recorded in the County Recorder’s office. The commitments must be recorded prior to submitting an application for final site plan approval.
(h)
Effect of Approval.
Approval of the PUD overlay district and preliminary site plan shall be effective for a period of one (1) year. If a final PUD site plan for at least the first phase of the project is not submitted within one (1) year of the preliminary approval, or an extension applied for, the preliminary PUD site plan shall expire, and a new application must then be filed and processed. The one (1) year period for preliminary PUD approval may be extended for one (1) year, if applied for by the petitioner prior to expiration and granted by the Planning and Zoning Commission. If a preliminary PUD is allowed to expire, the Planning and Zoning Commission and City Council shall take action to remove the overlay district from the zoning for the site.
(i)
Phased PUD.
If the approved preliminary PUD site plan indicated that the proposed development was to occur in phases, final PUD site plan approval may be granted on each phase of the development, provided that each phase contains all the necessary components to insure protection of significant natural, historical, and architectural features, and the health, safety, and welfare of the users of the PUD and the residents of the surrounding area. Roads, utilities and other infrastructure for each phase shall be designed to fully operate in accordance with the City of Bells, as applicable, engineering standards and not be dependent upon the completion of subsequent phases. Subsequent phases shall also follow the process for final PUD site plan outlined in this Article.
(j)
Final Site Plan.
The applicant shall submit the final PUD site plan for any or all phases of, the approved preliminary PUD site plan at least 30 days prior to the Planning and Zoning Commission meeting at which the Planning and Zoning Commission shall first review the request. If the PUD is being developed as a subdivision, then all requirements of the subdivision regulations shall be met, and the final PUD application shall also include a primary plat. The primary plat shall be reviewed concurrently with the requirements of this article.
(k)
Checkpoint Agency Review.
The agencies in Section (c), above, shall review the final site plan for compliance with applicable federal, state, and local ordinances and standards prior to the Planning and Zoning Commission review. The agency official shall state any items that need to be address[ed] prior to approval or sign-off that the final site plan is acceptable.
(l)
Planning and Zoning Commission Review.
Upon submission of all required materials and fees, the Planning and Zoning Commission shall review the final PUD site plan and shall take final action on the final PUD site plan, in accordance with the standards and regulations of this ordinance.
(m)
Conditions.
If the final PUD site plan was approved with conditions, the applicant shall submit a revised final PUD site plan to the Planning and Zoning Commission for approval prior to submitting construction plans.
(n)
Final Approval.
Approval of the final PUD site plan shall be effective for a period of two (2) years. If construction has not begun on the first phase of the project within two (2) years of the final PUD approval, the right to develop under the PUD site plan shall terminate and a new application must then be filed and processed. If a final PUD is allowed to expire, the Planning and Zoning Commission and City Council shall take action to remove the overlay district from the zoning for the site.
