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Sec. 98-50.  PD Planned Development District: 

(a)        Intent: This district is created to accommodate planned associations of uses developed as integral land use units, either of single-family and multifamily residential, mixed residential and commercial uses, or industrial and commercial uses. It is designed to permit flexibility and encourage a more creative, efficient, and aesthetically desirable design and placement of buildings, open spaces, circulation patterns, and parking facilities in order to best utilize the special features of topography, size, or shape.

(b)        Reserved.

(c)        Maximum height and area: The maximum height requirement for uses in these districts shall be established in the master plan for the developments as approved by the city council.

(1)       A minimum of 15 percent of the gross area of a PD district shall be devoted to common open space beneficially designed to enhance access by residents and occupants to recreational areas within the development, and to other open spaces. "Beneficial use" as used herein shall mean property performing a necessary or desirable function in relation to the adjoining residential or commercial/industrial use, including but not restricted to provision of separation between buildings or building and adverse environmental influences, enhancement of privacy, provision of open space, recreational space and the like.

(d)         Parking:

(1)        Off-street parking facilities shall be provided at locations designated on the approved development plan.

(2)        Off-street parking requirements shall be established in the approved development plan.

(e)        Landscaping: Requirements for landscaping are found in chapter 90, article II "Landscaping" of the Code of Ordinances.

(f)        Signs: Signs in this district shall comply with the requirements of chapter 66 "Signs" of the Code of Ordinances of the City of Webster.

(g)        Special regulations:

(1)        All area and security lighting shall be located to minimize glare and be oriented to prevent illumination of adjoining property.

(2)        The permanent character of common open space lands shall be insured by private reservation for the use and benefit of residents or employees, by dedication to the public use, or by a combination thereof. Common open spaces not dedicated to public use shall be maintained by the owners through an owners or corporate association established for that purpose.

(3)        All common open space shown on the final development plan must be conveyed in accordance with one of the following methods:

a.         By dedication in fee simple to the city, or Harris County, Texas, as public open space, or

b.         By leasing or conveying title (including beneficial ownership) to a corporation, association or other legal entity. The terms of such lease or other instrument of conveyance must include provisions, suitable to the city attorney for guaranteeing:

1.         The continued use of such land for the intended purposes;

2.         Continuity of proper maintenance for those portions of the open space land requiring maintenance;

3.         When appropriate, the availability of such funds for such maintenance;

4.         Adequate insurance protection; and

5.         Recovery for loss sustained by casualty, condemnation, or otherwise.

(4)        The developer shall file legal documents, at the time of final plan approval, which will produce the aforesaid guarantees and, in particular, will provide a method for restricting the use of common open spaces for the designated purposes. The instruments shall become part of the Ordinance and final plat upon approval, and shall be filed for record with the Harris County Deed Records as part of the deed restrictions of the final plat.

(5)        All common open space proposed for dedication to the City of Webster or Harris County must be acceptable to them with regard to the size, shape, location and improvement. In addition, the applicant must show that the dedication of such areas of common open space will be accessible and of benefit to the general public.

Yard: The minimum yard requirement shall be established on the approved development plan, provided that yards on the boundaries of the PD district, and abutting property not within the district shall not be less than the immediately adjacent required yard of such adjoining property.

(h)        Reserved.

(i)         Screening requirements:

(1)        All open storage of materials, vehicles, and equipment shall be enclosed by a screening device, at least six feet in height when viewed from the front of the building on the street which is the principal address of the use.

(2)        A masonry wall no less than eight feet nor more than ten feet in height shall be erected on the common property line and maintained by the owner of any lot in this district before any permitted use may be constructed or enlarged when the adjoining property is occupied or zoned for residential purposes.

(3)        Trash receptacles and dumpsters:

a.         Trash receptacles and dumpsters must be closed at all times except when loading garbage or refuse.

b.         Screening of trash receptacles and dumpsters is required only if they can be observed from a public street.

c.         A chain link fence is acceptable material in the screening of trash receptacles and dumpsters with the solid area equaling 75 percent of the wall surface.

d.         A screening device is necessary for all trash receptacles and dumpsters visible from a public street. If the opening of the trash receptacle or dumpster screening device is not visible from a public street, the three-sided trash receptacle or dumpster screening device is acceptable. If the opening of the trash receptacle or dumpster screening device is visible from the public street, gates shall be installed and kept closed.

e.         A trash receptacle or dumpster screening device shall be a three- to four-sided structure with a minimum opening width of ten feet. The height of the enclosure must be a minimum of six feet, but must be at least one foot taller than the trash receptacle or dumpster itself. The solid area must equal 75 percent of the wall surface, including gate or gates. The trash receptacle or dumpster screening device must be continually maintained.

f.          All new establishments and any establishment changing ownership with a food permit will be required to install drain(s).

(j)        Erection and maintenance of screening devices: A screening device shall be at least eight feet in height but shall not exceed ten feet in height, and all masonry walls of any height, must be approved by the zoning official prior to construction.

(k)       Sidewalks: Continuous sidewalks not less than four feet in width shall generally be provided along all public streets abutting any part of the lot or site. On the major thoroughfares of Interstate Highway 45, Nasa Road One, Bay Area Boulevard and FM 270, these sidewalks shall be no less than six feet in width.The sidewalks shall be designed and constructed in conformance with the city sidewalk design standards. Where existing sidewalks are less than six feet in width, the developer may match the existing sidewalk width, but in no case shall any sidewalk be less than four feet in width.

(l)        Reserved.

(m)      Reserved.

(n)       Plan approval procedure:

(1)       Application: An application for a planned unit development district shall be made in the same manner that any application for amendment of the zoning ordinance is made, as provided in section 98-162. An application may be filed either by the owners, agents, or prospective purchasers of the property for which the request is made provided proof of title deed or real interest is shown.

(2)       An application for change in zoning, together with an outline plan, as herein defined, shall be submitted to the zoning official together with the required fee.

(3)       Timing and procedure:

a.        The following schedule shall be followed in the processing of an application for PD zoning.

1.         Application and outline plan submitted to zoning official.

2.         Development review committee shall review the plan and submit a written report offindings and recommendations to the applicant and the planning and zoning commission.

3.         After receiving approval of PD zoning an applicant shall have one year in which to submit an acceptable final development plan to the planning and zoning commission.

(o)        Development plans: Outline plan: At the time application is made for a zoning change to PD, the applicant shall submit an outline plan. The maps shall be in a general schematic form drawn to a scale of 1" = 200' and shall contain the following information:

(1)        The boundaries of the area covered by the plan surveyed by a competent licensed surveyor.

(2)        The total area of the project.

(3)        The present zoning of the subject property and all adjacent properties.

(4)        All public and private rights-of-way, and the easement lines located on or adjacent to the subject property which are existing of record.

(5)        The approximate topography.

(6)        The proposed land uses and the approximate location of existing and proposed buildings and other structures on the site, and structures and uses adjacent to the site.

(7)        The character and density of proposed dwellings.

(8)        The location of all streets and ways, walkways, and parking facilities with approximate dimensions.

(9)        The location of every existing and proposed building in the subject property including accessory structures.

(10)      All walks, malls, water bodies, open areas, drainage areas, recreational areas, including swimming pools, golf courses, tennis courts, playgrounds, signs, and other improvements. The outline plan is intended to be a general development scheme for the project and upon favorable action by the city council in granting PD zoning, shall constitute the framework for the final plan. The outline plan shall be the basis for development and substantial deviation shall not be permitted without approval of the planning and zoning commission. If the commission concludes changes are substantial it may require a public hearing in the same manner as a zoning change. The city council shall have final authority over the contents of the final plan.

(p)       Final development plan: General: The applicant shall have one year after the approval of PD zoning by the city council to submit an acceptable final plan to the zoning official. If at the end of the one year time limit this requirement has not been met, the zoning official shall notify the applicant by certified mail of the failure to comply with the terms of the chapter and shall present the necessary application on behalf of the city to change the PD zoning back to its original designation.

(q)        Contents of the plan: The final plan shall show, in exact detail, the plat or plats of the subject property drawn to a scale of 1" = 200', in accordance with the provisions for final plats in the subdivision rules and regulations ordinance of the city. The plat or plats, in addition to the customary engineering depiction of the area, monuments, etc., shall show:

(1)        All streets, alley ways, including walkways, dedicated to public use with appropriate certification of such dedication.

(2)        All areas reserved for common ownership with an indication of the properties the owners of which will share the common ownership.

(3)        Such lot or parcel lines indicating tracts which are not in separate ownership or which may be transferred to other ownership during or after development. (Resubdivision of large lots containing several buildings may be accomplished at a later date upon application and approval as a plat revision.)

(4)        The proposed finished grade of the area, shown to contour intervals not to exceed one foot.

(5)        A plot plan for each building site and the common open area, showing the location of all buildings, structures and improvements, and indicating the open spaces around buildings and structures.

(6)        The location of each existing or proposed structure in the district, the use or uses to be contained herein, the number of stories, the density per acre, and locations of entrances and loading points therefor.

(7)        In computing the density requirements and "bonuses" in the detailed plan shall show the boundary of the multifamily areas for which the bonus is being applied. For bonuses in the single-family areas of the development the requirement shall apply to the total area excluding multifamily areas. In all cases the city council shall determine, based upon the plan, the existing neighborhoods, and such other mitigating circumstances as they see fit, the application of the bonus sections of this district.

(8)        In multifamily, townhouse, and commercial sections of the plan, the location of each outside facility for waste disposal.

(9)        Dimensions and locations of all curb cuts, driving lanes, off-street parking and loading, including the number of spaces, angle of stalls, grades and illumination facilities.

(10)      All walks, malls, and other open areas, including recreational areas, swimming pools, golf courses, tennis courts, playgrounds, etc.

(11)      Location and type of walls, fences, screen planting, and landscaping.

(12)      Elevation drawings, showing size, height, orientation and design of all signs.

(13)      The types of surfacing for the various off-street parking and driveways including cross sections and drainage plans.

(14)      Drawing of cross sections of all proposed streets, highways, alleys, and walkways, whether to be dedicated or not, indicating the proposed surfacing and drainage plans.

(15)      Drawings of all existing and proposed water and sanitary sewers, indicating pipe sizes, types and grades.

(16)      A drainage plan of the area showing size and location of each existing and proposed structure, the approximate volume of water generated by the development of the subject area and the proposed method of disposing of said water. Provisions shall be included for adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.

(17)      A development schedule indicating:

a.         The approximate date when construction of the project can be expected to begin.

b.         The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.

c.         The approximate dates when the development of each of the stages in the development will be completed, and

d.         The area and location of common open space that will be provided at each stage.

(18)     Agreements, provisions, declarations or covenants which govern the use, maintenance and continued protection of the planned development and any of its common open areas.

(19)     Tax certificates and receipts showing that all taxes are current and that all fees pertaining to the development have been paid to all applicable public agencies having jurisdiction over the property covered by the application and plan.

(r)        Development standards: The express purpose of planned development is to allow the greatest degree of flexibility possible in order to effect the best utilization of land. Evaluation of a planned development shall include, but not be limited to, consideration of design criteria. These criteria shall include:

(1)      The internal circulation pattern in terms of access to private and public parking, in terms of the length of blocks, in terms of the relationship to the public street pattern. Cul-de-sac and curvilinear patterns are encouraged. Connection of two public streets by a private street shall be prohibited.

(2)      Parking, in addition to that located on each lot, shall be provided. The amount shall be evaluated in terms of the number of units in the entire development, number of units in each block length, the amount and location of public street parking available, the types of land uses being served, and the relationship of commercial land uses to residential land uses.

(3)     Access shall be provided for fire protection services both from the front and rear exposures of buildings. Where access is not provided by means of a private street, an easement a minimum of ten feet in width and free from all vehicular impediments shall be provided. Fire hydrants shall be provided in accord with the requirements of the fire marshall. All private streets shall be named to avoid any duplication or confusion, and all principal buildings shall be numbered in a minimum six-inch numeral on a high contrast background.

(4)     Street name signs shall be erected on all private streets and those erected at intersections with public streets shall carry a sign stating "Not a Public Street."

(5)     The open area shall be evaluated in terms of size, location, and beneficial use. Accumulation of open area into large recreation areas is encouraged.

(6)     Aesthetics shall be evaluated in terms of the building elevations, number of units in a row, and in a cluster, diversity, design, etc. To the maximum degree possible commercial areas shall be encouraged to use individual form, texture and design as identification rather than reliance upon signs. Likewise the use of sculpture, fountains, and art is encouraged as alternative methods of identification and advertising.

(7)     Sight restrictions at private street intersections and at private-public street intersections shall be in conformance with the requirements of the city engineer.

(8)     The size of the development and the distance units are removed from public streets, shall be evaluated to determine whether or not a public street connection to the existing network of public streets will be required within a project.

(9)     The development of any portion of an approved project should be self supporting in terms of circulation, open space, and amenities.

(10)    Internal changes shall be evaluated in terms of the length of private streets, change in direction of private streets, size of area to be served by private street systems, the use of swales, etc.

(11)     Utilities:

a.         All privately owned utilities shall be placed underground.

b.         All publicly owned utilities (electrical, telephone, cable TV ext.) will be installed along the rear lot line whenever possible.

(s)        Special regulations for cluster and patio home subdivisions: In cluster and patio home subdivisions where open space and recreational facilities are provided for residents under either a Homeowner's Association or a dedicated public park, the following modifications to the required yards and area regulations may be granted when such subdivision is platted in accordance with the subdivision rules and regulations ordinance of the city:

(1)        The required area of residential lots may be reduced so long as the total area of land included in lots and dedicated open space or recreational facilities is not less than the total area if such lots were non-cluster/non-patio type subdivision lots.

(2)        The required side yards of interior lots may be reduced to two feet if there are no openings or windows in the facing walls of either structure, provided, however, that there shall not be less than ten feet of clear space between adjoining buildings; or can be zero lot line so long as ten feet of space exists between buildings and an access easement is provided.

(3)        The required rear yard may be waived if a masonry wall of a height not less than eight feet is constructed along the entire rear property line of the lot, provided, however, that no masonry walls may be constructed within any utility easement.

(t)         Registration and recording:

(1)        After adoption of an ordinance creating or altering a PD district, upon receipt of an approved final development plan, the zoning official shall register a reproducible copy thereof among the zoning records of the city and the zoning official shall cause the original to be recorded in the records of Harris County. The owner shall pay all recording fees.

(2)        All final development plans registered and recorded shall be binding upon the applicant therefor, their successors and assigns, shall limit and control the issuance and validity of all zoning permits and shall restrict and limit the construction, location, use and operation of all land and structures included within such plan to the conditions and limitations set forth in such plans, provided, however, that upon application to and approval by the zoning official, based only on a showing of engineering necessity therefor, minor changes in the plan may be made which will not cause any of the following circumstances to occur:

a.         A change in the character of the development.

b.         An increase in the density per acre requirements.

c.         A reduction in the originally approved separations between buildings.

d.         An increase in the problems of circulation, safety, and utilities.

e.         An increase of the external effects on adjacent properties.

f.          A reduction in the originally approved setbacks from property lines.

g.         An increase in ground coverage by structures.

h.         A reduction in the ratio of off-street parking and loading spaces to gross floor area in structures.

i.          A change in the subject, size, lighting, flashing, animation or orientation of originally approved signs.

(u)            Completion of construction: Upon full and final completion and performance of all required conditions of development, the building official shall issue to the applicants, and register among the records of the city, a certificate of occupancy which shall be conclusive proof that all requirements of the development plan and construction required pursuant thereto have been completed and performed.