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HomeMy WebLinkAbout10952 ORD - 07/05/1972.✓ JRR /RC /Mc 6/28/72 3RD AN ORDINANCE AM�NDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AN PARTICULARLY AND WITHOUT LIMITATION, THE CITY OF CORPUS CHRISTI ZONING ORDINANCE ADOPTED ON AUGUST 27, 1937, RECORDED IN VOLUME 9, PAGE 565, ORDINANCE AND RE- SOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS, AS THEREAFTER FROM TIME TO TIME AMENDED, INCLUDING BUT NOT LIMITED TO THE AMENDMENT OF ORDINANCE NO. 6106, OF MARCH 29, 1961, AS AMENDED; AND MORE PARTICULARLY AMEND- ING SAID CODE AND ORDINANCE BY THE REPEAL OF ARTICLE 28. LARGE -SCALE DEVELOPMENTS -- THE COMMUNITY UNIT PLAN; AND SUBSTITUTING FOR AND IN LIEU OF SAID ARTICLE 28 A NEW ARTICLE 28. PLANNED UNIT DEVELOPMENTS; STATING SCOPE AND PURPOSE; APPLICABILITY AND LIMITATIONS; DEFINING TERMS; FIXING MINIMUM REQUIREMENTS ON LOT SIZES, PER- MITTED USES, DENSITY, HEIGHTS & PERIPHERAL YARD REQUIRE- MENTS, VEHICULAR ACCESS AND CIRCULATION,; PARKING STANDARDS, PEDESTRIAN ACCESS, BUILDING SPACING, SUBDIVISION DESIGN STANDARDS, COMMON AREA CONTROL, ZONING APPLICATION PRO- CEDURE, PUD PLATTING, THE PLAN OF DEVELOPMENT, PLAN REVIEW AND APPROVAL PROCEDURE, AND CHANGE -OF -PLAN PROCEDURE; KEEPING ALL OTHER PROVISIONS OF CITY ORDINANCES IN FULL FORCE AND EFFECT; PROVIDING PENALTIES; PROVIDING FOR NOTICE BY PUBLICATION; PROVIDING AN EFFECTIVE DATE; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AND WITHOUT LIMITATION, THE CITY OF CORPUS CHRISTI ZONING ORDINANCE ADOPTED ON AUGUST 27, 1937, RECORDED IN VOLUME 9, PAGE 565, ORDI- NANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS, AS THERE- AFTER FROM TIME TO TIME AMENDED, INCLUDING BUT NOT LIMITED TO THE AMENDMENT OF ORDINANCE NO. 6106, OF MARCH 29, 1961, AS AMENDED, BE HEREBY AMENDED AS HEREIN AND HEREINAFTER PROVIDED. SECTION 2. ARTICLE 28 OF THE SAID CITY OF CORPUS CHRISTI ZONING ORDINANCE IS HEREBY REPEALED. SECTION 3. THE FOLLOWING NEW ARTICLE 28 SHALL HEREAFTER READ AS ' s 144f FOLLOWS: "ARTICLE 28. PLANNED UNIT DEVELOPMENTS. SECTION 28-1 SCOPE AND PURPOSE. (I) IT IS THE INTENT OF THIS ARTICLE TO ENCOURAGE UNIFIED DESIGN OF RESIDENTIAL HOUSING, COMMERCIAL, OFFICE, PROFESSIONAL, RETAIL, AND INSTITU- TIONAL AREAS AND FACILITIES, OR COMBINATIONS THEREOF, TO PROVIDE FOR RELATED 10952 JRR /RC /Mc 6/28/72 3RD DEVELOPMENTS HAVING HARMONY OF DESIGN AND VARIETY OF FUNCTIONS THRUSTING IN SOME APPRECIABLE DEGREES TOWARD A SELF - SUSTAINING ENCLAVE WITHIN THE CITY, AND TO PROVIDE FOR A GREATER FLEXIBILITY IN THE DESIGN OF BUILDINGS, YARDS, COURTS AND CIRCULATION, THAN WOULD OTHERWISE BE POSSIBLE THROUGH THE APPLICATION OF EXISTING RULES AND RCGULATIONS OF THIS ORDINANCE AND THE PLATTING ORDINANCE. IT IS FURTHER THE INTENT OF THIS ARTICLE TO PROVIDE FOR: (A) A MAXIMUM CHOICE IN THE TYPES OF ENVIRONMENT AND LIVING UNITS AVAILABLE TO THE PUBLIC. (B) AN INTEGRATION OF OPEN SPACE AND RECREATION AREAS ..W.LTH RES I DENT.I,AL .DEVELOPMENT. (C) A PATTERN OF DEVELOPMENT WHICH PRESERVES TREES, OUTSTANDING NATURAL TOPOGRAPHY AND GEOLOGIC FEATURES. (D) A CREATIVE APPROACH TO THE USE OF LAND AND RELATED PHYSICAL DEVELOPMENT. (E) AN EFFICIENT USE OF LAND RESULTING IN SMALLER NET- WORKS OF UTILITIES AND STREETS AND THEREBY LOWER HOUSING AND MAINTENANCE COSTS, WITHOUT MATERIAL, ADVERSE IMPACT ON PUBLIC COSTS. (F) AN ENVIRONMENT OF STABLE CHARACTER IN HARMONY WITH SURROUNDING DEVELOPMENT. (G) THE DEVELOPMENT OF VACANT PROPERTY WITHIN THE PRE- SENTLY DEVELOPED URBAN AREA. (H) THE REDEVELOPMENT OF PROPERTY WHERE DESIRABLE BY PROVIDING FLEXIBILITY IN REDESIGN. (I) THE PRODUCTION OF A HIGHER LEVEL OF AMENITIES. THE PLANNED UNIT DEVELOPMENT CONCEPT IS A RECOGNITION THAT AT TIMES GREATER QUALITY OF DEVELOPMENT CAN BE ACHIEVED BY- PERMITTING MODIFICA- TION OF ESTABLISHED ZONING AND SUBDIVISION REGULATIONS AND THAT WHEN PROPERTY IS PLANNED AND DEVELOPED AS A UNIT, MODIFICATION TO STANDARD REGULATIONS IS POSSIBLE WITHOUT ENDANGERING THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PUBLIC. (2) IN KEEPING WITH THE SPIRIT OF THE PLANNED UNIT DEVELOPMENT CONCEPT AND TO ACCOMPLISH THE ABOVE STATED OBJECTIVES THIS ARTICLE WILL PROVIDE FOR TWO TYPES OF PLANNED UNIT DEVELOPMENTS, TO BE HEREBY DESIGNATED AS PUD -1 AND PUD -21 I.E. PLANNED UNIT DEVELOPMENT 1 AND PLANNED UNIT DEVELOP- MENT 2. -2- JRR /RC /Mc 6/28/72 3RD (3) IT IS INTENDED THAT PUD -1 CONFORM AS CLOSELY AS POSSIBLE TO ESTABLISHED ZONING AND SUBDIVISION REGULATIONS WHILE STILL PERMITTING FLEXI- BILITY OF DESIGN TO MAKE PLANNED UNIT DEVELOPMENT DESIRABLE FOR NORMAL DEVELOPMENT SITUATIONS INCLUDING BUT NOT LIMITED TO COMBINED USES. (4) EACH PUD -2 IS A NEW ZONING DISTRICT OR AN OVERLAYS AS A DISTRICT UPON AN EXISTING DISTRICT OR DISTRICTS, AS HEREINAFTER PRESCRIBED, AND POSSESSING FEATURES DIFFERENTIATED IN SECTION 28 -3, DEFINITIONS (J) HEREOF. PUD -2 IS ENVISIONED AS A TOOL UNDER WHICH ZONING AND SUBDIVISION REGULATIONS WOULD BE SUBJECT TO MODIFICATION AS NECESSARY TO SOLVE SPECIFIC LAND DEVELOPMENT PROBLEMS AND TO 114PLEMENT SPECIAL DEVELOPMENT CONCEPTS. SECTION 28 -2 APPLICABILITY AND LIMITATIONS. (A) DEVELOPMENT AS PUD -1 OR PUD -2 MAY BE PERMITTED FOR RESIDENTIAL PURPOSES IN THE FOLLOWING ZONING DISTRICTS OF THE CITY: R -1B, R -2, A -1, AND A -2. SUCH DEVELOPMENTS FOR COMMERCIAL, PROFESSIONAL, OR BUSINESS PURPOSES IN ADDITION TO THE ABOVE RESIDENTIAL USES MAY BE PERMITTED IN THE FOLLOWING ZONING DISTRICTS OF THE CITY: AB, B -11 AT, B -2, 6-3, AND B-4. THE NATURE OF A PUD ENVISIONS MINOR ALTERATIONS OF THE EXISTING RULES AND REGULATIONS IN ESTABLISHED ZONING DISTRICTS. IT IS THE INTENT THAT THESE ALTERATIONS BE HELD TO A MINIMUM. IN THE CASE OF A PUD -2 DISTRICT THE AREA CONTAINED THEREIN SHALL BE GOVERNED ENTIRELY BY THE PROVISIONS OF SUCH PUD -2 DISTRICT APPLICATION APPROVAL AND THE CITY ZONING MAP SHALL BE IMMEDIATELY AMENDED TO SHOW THE NEW, SUPPLANTING DISTRICT. ACCESSORY AND PUBLIC INSTITUTIONAL USES MAY BE PERMITTED IN EITHER PUD -1 OR PUD -2 CONSISTENT WITH APPLICABLE ORDINANCES. CONSISTENT WITH APPLICABLE ORDINANCES A PUD -1 AND PUD -2 MAY BE EMBRACED IN ONE INTEGRATED PROJECT. (B) UTILIZATION OF PUD -1 SHALL BE IN SUBSTANTIAL CONFORMITY WITH THE REGULATIONS OF THE ESTABLISHED CITY ZONING DISTRICTS. (C) UTILIZATION OF PUD -2 WILL REQUIRE DELINEATION OF A PUD -2 AREA BY THE CITY COUNCIL AFTER RECEIVING RECOMMENDATION FROM THE PLANNING COMMISSION AND THE PROMULGATION OF SPECIAL RULES AND REGULATIONS BY ORDINANCE CONSISTENT WITH THIS ORDINANCE. -3- JRR /RC /Mc 6/28/72 3RD SECTION 28 -3 DEFINITIONS. (A) 'COMMON AREA' SHALL MEAN A PARCEL OR PARCELS OF LAND, OR AN AREA OF WATERS OR A COMBINATION OF LAND AND WATER, AND /OR DEVELOPED FACILI- TIES INCLUDING BUT NOT LIMITED TO AREAS FOR VEHICULAR AND PEDESTRIAN ACCESS AND RECREATIONAL FACILITIES WITHIN THE SITE DESIGNATED FOR A PLANNED UNIT DEVELOPMENT, AND DESIGNED AND INTENDED FOR THE USE OR ENJOYMENT OF OCCUPANTS OF THE PLANNED UNIT DEVELOPMENT. COMMON AREAS MAY CONTAIN SUCH COMPLEMENTARY STRUCTURES AND IMPROVEMENTS AS ARE NECESSARY AND APPROPRIATE FOR THE BENEFIT AND ENJOYMENT OF THE OCCUPANTS OF THE PLANNED UNIT DEVELOPMENT. ,(B) ' FLQOR AREA' SHALL MEAN ,ALL INDOOR . AREA , EXCEPT GARAGES, HEATING AND /OR COOLING PLANTS, AND COMMON USE FACILITIES. (C) 'LAND USE INTENSITY (LUI)' SHALL MEAN THE OVERALL STRUCTURAL MASS AND OPEN SPACE RELATIONSHIP IN A DEVELOPED PROPERTY. IT CORRELATES THE AMOUNT OF FLOOR AREAS OPEN SPACES LIVABILITY SPACE,-AND RECREATION SPACE OF A PROPERTY WITH THE SIZE'OF THE SITE. LAND USE INTENSITY RELATES TO DENSITY BUT IS MORE INCLUSIVE IN ITS COVERAGE OF PLANNING FACTORS. (D) 'LANDOWNER' SHALL MEAN THE TRUE LEGAL OR BENEFICIAL OWNER OR OWNERS OF ALL OF THE LAND PROPOSED TO BE INCLUDED IN A PLANNED UNIT DEVELOP- MENT. THE HOLDER OF AN OPTION OR CONTRACT TO PURCHASE, A LESSEE HAVING A REMAINING TERM OF NOT LESS THAN FORTY YEARS, OR OTHER PERSON HAVING AN EN- FORCEABLE PROPRIETARY INTEREST IN SUCH LAND SHALL BE DEEMED TO BE A LAND- OWNER FOR THE PURPOSE OF THIS ARTICLE. (E) 'LIVABILITY SPACE' SHALL MEAN ALL OUTDOOR SPACE OTHER THAN ROADS, DRIVES OR PARKING AND SHALL INCLUDE AN AREA DEVOTED TO RECREATION. (F) 'OPEN SPACE' SHALL MEAN ALL UNCOVERED OUTDOOR AREA INCLUDING PARKING AREAS, LAWNS, PATIOS, AND RECREATION AREAS AS WELL AS USABLE ROOFS TERRACES, PAVILIONS, AND UNCOVERED BALCONIES. ONE HALF OF THE AREA OF ALL ROOFED PORCHES, CARPORTS AND OTHER COVERED OPEN AREAS MAY ALSO BE COUNTED AS OPEN SPACE. AREAS WITHIN A SITE SUBJECT TO FLOOD OR OTHERWISE UNUSABLE FOR BUILDING MAY BE INCLUDED AS OPEN SPACE. (G) 'PLAN OF DEVELOPMENT' SHALL MEAN THE PROPOSAL FOR DEVELOPMENT INCLUDING SUCH DRAWINGS DOCUMENTS, AND OTHER INFORMATION NECESSARY TO ILLUSTRATE COMPLETELY THE PROPOSED DEVELOPMENT. THE PLAN OF DEVELOPMENT JRR /RC /Hc 6/28/72 3RD 4• SHALL SPCCIFICALLY INCLUDE SUCH INFORMATION AS REQUIRED SY SECTION 28 -5(C) OF THIS ARTICLE. (H) 'PLANNED UNIT DEVELOPMENT' SHALL MEAN: (1) AN AREA OF LAND CONTROLLED BY A LANDOWNER, OR LANDOWNERS ACTING IN CONCERT, TO BE DEVELOPED AS A SINGLE ENTITY, THE PLAN FOR WHICH DOES NOT CORRESPOND DIRECTLY TO THE REGULATIONS IN ANY ONE ZONING DISTRICT ESTABLISHED BY OTHER ARTICLES OF THIS ORDINANCE; (2) TO BE DEVELOPED IN ONE CONTINUOUS, ASCERTAINABLE PHASE OR IN A DEFINITELY PROGRAMMED AND CALENDARED SERIES OF DEVELOPMENT OPERATIONS; (3) EMBRACING PRINCIPAL AND ACCESSORY STRUCTURES AND USES SUBSTANTIALLY RELATED TO THE CHARACTER OF THE,ESTABLISHED.ZONING DISTRICT OR DISTRICTS, IN PUD -1, AND,. TO THE CHARACTER AND PURPOSE OF THE DEVELOPMENT, AS TO BOTH PUD -1 AND PUD -2, AS HEREINAFTER DEFINED; (4) A DEVELOPMENT TO BE MADE, AFTER APPROVAL OF THE HEREIN PROVIDED PLAN, INDICATING STREETS, UTILITIES, LOTS AND BUILDING SITES, AND RELATED ITEMS, AND SITE PLANS, AND DETAILED PLOT PLANS FOR OTHER USES AND IMPROVEMENTS ON THE LAND AS RELATED TO THE BUILDINGS; AND (5) A DEVELOPMENT PRESCRIBING FOR THE PROVISION, OPERATION, AND MAINTEN- ANCE OF SUCH AREAS, BUILDINGS, STRUCTURES, IMPROVEMENTS, FACILITIES, AND SERVICES AS WILL BE FOR USE IN COMMONALTY BY SOME OR ALL OF THE OCCUPANTS, TENANTS AND FOR OWNERS WITHIN THE PUD, EITHER AT GENERAL EXPENSE TO THE DEVELOPER, HIS SUCCESSORS OR ASSIGNS, OR BY ASSESSMENTS TO AN OWNERS} AND /OR TENANTS' ASSOCIATION, OR BOTH METHODS. A PLANNED UNIT DEVELOPMENT MAY INCLUDE, BUT DOES NOT REQUIRE, INDIVIDUAL OWNERSHIP OF UNITS, STRUCTURES, OR PROPERTY. COMMON AREAS, HOWEVER, WHICH RELATE TO AND SERVE THE INDIVIDUAL OCCUPANTS, ARE MANDATORY; AND (6) A DEVELOPMENT WHEREIN DRAINAGE BOTH AWAY FROM THE SITE AND ON SITE AND ALL UTILITIES, STREETS, AND DRAINAGE FACILITIES TO BE DEDICATED TO THE CITY MEET STANDARDS EQUAL IN FUNCTION AND QUALITY TO THOSE SET FORTH IN THE PLATTING ORDINANCE. (I) 'PUD -1' SHALL MEAN A PLANNED UNIT DEVELOPMENT WHICH SUBSTANTIALLY COMPLIES WITH THE USE REGULATIONS, OVERALL DENSITY, CHARACTER OF DEVELOPMENT, AND OTHER MINIMA AND MAXIMA AS DEFINED BY STANDARD ZONING DISTRICTS BUT WHICH ALLOWS A GREATER DEGREE OF FLEXIBILITY IN LAYOUT AND DESIGN HEREUNDER THAN WOULD BE POSSIBLE UNDER THE SAID STANDARD ZONING AND SUBDIVISION REQUIRE- MENTS. -5- 3 JRR /RC /Mc 6/28/72 3RD (J) 'PUD -2' SHALL MEAN A PLANNED UNIT DEVELOPMENT WHICH BECAUSE OF SPECIAL DEVELOPMENT CONSIDERATION, OR PARTICULAR PLANNING APPLICATIONS, WILL HAVE THE FLEXIBILITY NECESSARY TO ESTABLISH REGULATIONS DIFFERENT FROM THOSE IN OTHER ZONING DISTRICTS AND THE PLATTING ORDINANCE. IT DOES NOT SUBSTANTIALLY COMPLY WITH THE REQUIREMENTS OF THE ESTABLISHED ZONING DISTRICTS AS DOES A PUD -1, IN THAT IT IS CHARACTERIZED BY ONE OR ALL OR A COMBINATION OF THE FOLLOWING: (1) ONE (1) OR MORE USES NOT INCLUDED IN THE PERMITTED USES OF THE ESTABLISHED ZONING DISTRICT OR DISTRICTS; (2) DENSITIES OF POPULATION IN RATIO TO FLOOR AREA PRO - _JECTED,EYC.EED THAT PERM, I T.T,ED.BY „OTHER . SECT.I ON S , OF THIS- ORDINANCE; (3) ONE (1) OR MORE MATERIAL ELEMENTS OF THE PROPOSED DEVELOPMENT ARE NOT IN COMPLIANCE WITH THE PLATTING ORDINANCE OR OTHER SECTIONS OF THIS ORDINANCE. (K) 'RECREATION SPACE' SHALL MEAN THAT PORTION OF THE LIVABILITY SPACE DEVELOPED SPECIFICALLY FOR ACTIVE OR PASSIVE RECREATION. IT MAY BE PUBLIC OR NON - PUBLIC AND MAY INCLUDE QUIET SITTING AREAS, FORMAL AND INFORMAL SPORTS FIELDS, TOT LOTS, COURT GAMES, AND OUTDOOR POOLS. ANY ROOFED STRUC- TURE WHICH IS ESSENTIALLY A NON - PUBLIC, COMMON OPEN AREA MAY ALSO BE IN- CLUDED, SUCH AS INDOOR - OUTDOOR POOLS, GAZEBOS, AND PAVILIONS. PUD -1 SECTION 28 -4 MINIMUM REQUIREMENTS. (A) SIZE. A PLANNED UNIT DEVELOPMENT -1 DISTRICT MAY BE AUTHORIZED ON SITES OF 5 ACRES OR MORE TO ACCOMMODATE VARIOUS TYPES OF DEVELOPMENTS AND COMBINATIONS THEREOF AUTHORIZED BY THIS ORDINANCE. (B) PERMITTED USES. A PLANNED UNIT DEVELOPMENT -1 DISTRICT MAY BE APPROVED FOR ANY ONE OR ALL OF THE FOLLOWING:SINGLE- FAMILY DWELLINGS, TWO - FAMILY DWELLINGS, MULTIPLE FAMILY DWELLINGS OF ALL TYPES (SEE ARTICLE 3, DEFINITIONS), THE USUAL ACCESSORY USES SUCH AS PARKING FACILITIES, STORAGE SPACE, AND VARIOUS COMMUNITY ACTIVITIES, INCLUDING RECREATIONAL CENTERS, CHURCHES AND SCHOOLS. A PUD -1 MAY ALSO ENCOMPASS SEVERAL ZONES OR ZONING DISTRICTS, PROVIDED HOWEVER, THAT THE USES PERMITTED IN EACH DISTRICT ARE LIMITED TO THE BOUNDARIES OF THAT DISTRICT. -6- JRR/RC/Mc 6/28/72, 4TH IN ADDITION A PUD -1 DEVELOPED AS RESIDENTIAL MAY INCLUDE PERSONAL SERVICE AND RETAIL BUSINESSES INTENDED TO SERVE THE RESIDENTS OF THE DEVELOP- MENT ONLY, BUT DOCUMENTATION SHALL BE REQUIRED TO PROVE THAT THE TYPES AND AMOUNTS OF THESE ADDITIONAL USES•CAN BE SUPPORTED WITHIN THE DEVELOPMENT. (C) DENSITY. FOR ALL RESIDENTIAL PLANNED UNIT DEVELOPMENTS THE FOLLOWING LAND USE INTENSITY RATINGS, TO BE REFERRED TO HEREAFTER AS LUI, SHALL BE USED TO ESTABLISH STANDARDS FOR SUCH AREAS. THE RATINGS SHOWN BELOW ARE BASED ON TYPICAL UNIT SIZES, AS ESTABLISHED BY FHA GUIDELINES, DEFINITIONS AND PRACTICES AS SHOWN IN THE FHA LAND PLANNING BULLETIN #7 DATED DECEMBER 1966, AND THE EXISTING DENSITIES FOR THE VARIOUS DISTRICTS AS REQUIRED IN OTHER SECTIONS OF THIS ORDINANCE. -7- N -�G*4� � RATIO OF RATIO OF U H 6 R'i U MAXIMUM RATIO OF LIVABILITY RECREATION H a s x FLOOR AREA OPEN SPACE SPACE SPACE TO MAXIMUM MAXIMUM TO TO MAXIMUM TO MAXIMUM MAXIMUM DISTRICT UNITS ACRE LUI TOTAL AREA 1 FLOOR AREA(l) FLOOR AREA(2) FLOOR AREA R -1A R -113 38 .174 4.4 3.0 .19 R -2 14 �+.5 .263 2.6 1.7 .15 A -1 21 A -2 34 5.3 6.o .492 .800 1 55 .85 .84 .50 .12 ,� .10r�. SQ.FT SQ.FT. SQ.FT SQ.FT. SQ.F SQ.FT SQ.FT SQ.FT.SQ.FI (1) INCLUDES LIVABILITY SPACE. �2)i2 /INCLUDES RECREATION SPACE. 41��1 R- 16;3.8 7,594 33,414 22,782 Ey:FOLLOWING TABLE SHOWS THE ABOVE LUI RATIOS ON A PER ACRE BASIS AND THE MAXIMUM LIVING y 'UDG T,Sy PER ACRE. 5.42 5.06 4.74 4.46 q_2I4.512,327 32,050, 20,956 1,849 13.6 12.32 11.20 10,27 9.48 8.80 8.21 7.70 i.F A_115.321,432 32,148 18,003 2,572 -7- N -�G*4� � MAXTSNM NUMBER OF LIVING UNITS PER ACRE U H 6 R'i U P: H LL z O R'. BY H a s x a H w 6 w SIZE OF UNIT a �wa zwcw�iz�c z¢°cv °x H W I.y Ui z o w¢ H H p, U z H w 6 H W U z "a3 m 6 900 1000 I t 100 1 1200 ( 1300 1400 1500 1600 1700 SQ.FT SQ.FT. SQ.FT SQ.FT. SQ.F SQ.FT SQ.FT SQ.FT.SQ.FI R -1A R- 16;3.8 7,594 33,414 22,782 1,443 7 7 6.90 6.32 5.84 5.42 5.06 4.74 4.46 q_2I4.512,327 32,050, 20,956 1,849 13.6 12.32 11.20 10,27 9.48 8.80 8.21 7.70 7.25 A_115.321,432 32,148 18,003 2,572 21 21 19.48 7.86- 6.48 15.30 14.28 3.39 2.6 A_ 62.0344,,848 29,621 17,424 3,485 34 34 31.68 29.04 26.801 24.89 P3.23 21.78 0.5 1 -7- JRR /RC /JKH/7 -5 -72 4TH (D) PROTECTION OF ADJACENT PROPERTIES. THE DENSITY OF ALL NON — RESIDENTIAL PLANNED UNIT DEVELOPMENTS SHALL BE GOVERNED BY THE HEIGHT, PERIPHERAL YARD REQUIREMENTS, AND SITE DEVELOPMENT CRITERIA HEREINAFTER STATED. IT WILL BE FURTHER NECESSARY FOR THE APPLICANT TO AFFIRMATIVELY SHOW THAT ANY PUD PROPOSED WILL NOT ADVERSELY AND MATERIALLY AFFECT THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE INHABITANTS OF THE CITY AND PROPERTY, PUBLIC OR PRIVATES ALONG ITS PERIMETER AND WITHIN AT LEAST 200 FEET OF THE ENCLOSING PROPERTY LINES THEREOF, INCLUDING THE EXISTING OR PLANNED STREETS, ALLEYS, OTHER EXISTING IMPROVEMENTS, AND VACANT LAND, AND THE NATURE, EXTENT AND USES OF SUCH STREETS, ALLEYS OTHER EXISTING IMPROVEMENTS AND VACANT LANDS SHALL BE THUS CONSIDERED AS TO THE IMPACT ON SURROUNDING PRIVATE PROP- ERTIES, PUBLIC AREAS AND FACILITIES, AND THE INHABITANTS AND USERS THEREOF. (E) HEIGHTS AND PERIPHERAL YARD REQUIREMENTS. (1) HEIGHT. ALL STRUCTURES SHALL NOT HAVE MORE THAN 3 STORIES AND SHALL NOT EXCEED A MAXIMUM HEIGHT OF THREE (3) STORIES OR 351. HOWEVER, ANY PORTION OF A BUILDING IN EXCESS OF 3 STORIES OR 351 IN- y CLUDING ADDITIONAL STORIES MAY BE ERECTED PROVIDED•r THAT SUCH EXCESS HEIGHT IS SET BACK FROM THE REQUIRED SIDE AND REAR YARDS ONE FOOT FOR EACH TWO .FEET OF EXCESS HEIGHT. (2) YARDS ABUTTING STREET. ALL STRUCTURES ADJACENT TO A PUBLIC STREET SHALL BE A MINIMUM OF 251 FROM THE NEAREST RIGHT —OF —WAY LINE OF SAID STREET EXCEPT WHERE A GREATER SETBACK 15 REQUIRED BY THE SUB- DIVISION REGULATIONS FOR MAJOR THOROUGHFARES. THE 251 SETBACK REQUIREMENT MAY BE WAIVED BY ACTION OF THE CITY COUNCIL AFTER RECEIVING RECOMMENDATION OF THE PLANNING COMMISSION IN THE EVENT THAT THE APPLICANT ESTABLISHES THAT NO TRAFFIC HAZARD WILL BE CREATED BY SUCH WAIVER. (3) YARDS ABUTTING EXISTING DEVELOPMENTS. ALL STRUCTURES ADJACENT TO THE PROPERTY LINE OF AN EXISTING RESI- DENTIAL DEVELOPMENT, ALLEY OR EASEMENT, SHALL HAVE THE SAME YARD REQUIREMENTS AS FOR THE ADJACENT YARD IN THE EXISTING DEVELOPMENT. (4) YARDS ABUTTING VACANT PROPERTY. ALL STRUCTURES ADJACENT TO THE PROPERTY LINE OF A VACANT AREAo SHALL BE A MINIMUM OF 51 FROM THE PROPERTY LINE. t)• JRR /RC /MC 6/28/72 3RD (F) INTERIOR SITE REQUIREMENTS. (1) RESIDENTIAL DEVELOPMENTS - OPEN SPACE, LIVABILITY SPACE, RECREATION SPACE. FOR ALL RESIDENTIAL DEVELOPMENTS THE LUI STANDARDS ESTABLISHED IN SECTION 28 -4(C) SHALL BE USED TO DETERMINE THE AMOUNT OF OPEN SPACE, LIVABILITY SPACE AND RECREATION SPACES REQUIRED. (2) MINIMUM LOT REQUIREMENTS. AN INDIVIDUAL LOT FOR EACH STRUCTURE IS NOT REQUIRED, BUT INDIVIDUAL LOTS MAY BE PROVIDED AT THE DEVELOPER'S OPTION. THERE IS NO MINIMUM AREA REQUIREMENT FOR LOTS, CONSISTENT WITH THE DENSITY RATIO FIXED IN PARAGRAPH (C) ABOVE, AND LOT BOUNDARIES MAY COINCIDE WITH STRUCTURE BOUND- ARIES. IF INDIVIDUAL LOTS ARE PROVIDED THERE SHALL BE NO REQUIREMENT THAT THE LOT FRONT A PUBLIC STREET. (3) VEHICULAR ACCESS AND INTERNAL CIRCULATION. (A) CURB CUTS SHALL BE LIMITED TO THE MINIMUM NECESSARY TO PROVIDE ADEQUATE INGRESS AND EGRESS TO THE PLANNED UNIT DEVELOPMENT AND SHALL COMPLY WITHTHE CURB CUT ORDINANCE. (B) INTERNAL VEHICULAR CIRCULATION MAY BE ON PRIVATE STREETS OWNED AND MAINTAINED BY THE CORPORATION, ASSOCIATIONS OR OTHER LEGAL ENTITY AS ESTABLISHED IN SECTION 28 -4(H) OF THIS ARTICLE. HOWEVER, THE PLANNING COMMISSION MAY RECOMMEND AND THE CITY COUNCIL REQUIRE DEDICATION OF R.O.W. AND /OR CONSTRUCTION OF PAVING FOR A PUBLIC STREET OR STREETS THROUGH OR INTO THE PLANNED UNIT DEVELOPMENT AS THE PLANNING COMMISSION AND CITY COUNCIL DEEMS NECESSARY. THE WIDTH AND LOCATION OF THE STREETS SHALL BE SUF- FICIENT TO PROVIDE ADEQUATE CAPACITY FOR THE ANTICI- PATED TRAFFIC VOLUMES AND TO PROVIDE SUITABLE ACCESS FOR EMERGENCY VEHICLES. (C) ALONG THE PRINCIPAL STREET, OR STREETS, IF THERE BE MORE THAN ONE, OF THE DEVELOPMENT, I.E., THAT CONNECTING ONE PART OF A PERIMETER THEREOF ABUTTING ON A PUBLIC SIDEWALK OR STREET TO ANOTHER PART OF SOME OTHER PERIMETER THEREOF ABUTTING ON A PUBLIC SIDEWALK OR STREET, PRIVATE OWNERSHIP AND MAINTENANCES WITHOUT ANY LIABILITY WHATSOEVER TO THE CITY OF CORPUS CHRISTI, MAY BE PERMITTED IF THE DEVELOPER AND OWNER OR OWNERS' COVENANTS, BY PROPER INSTRUMENTS APPROVED BY THE CITY ATTORNEY, DULY RECORDED, TOE AND DOES, CONVEY UNCON- DITIONALLY AND FOREVER TO THE CITY PUBLIC EASEMENTS FOR INGRESS EGRESS, AND UTILITIES, ON THE PRIVATE SIDEWALKS, AND IN THE PRIVATE STREETS. (4) PARKING REQUIREMENTS. THERE SHALL BE A MINIMUM OF TWO (2) PAVED OFF - STREET PARKING SPACES FOR EVERY DWELLING UNIT IN ALL RESIDENTIAL DEVELOPMENTS. FOR ALL NON- RESIDENTIAL DEVELOPMENTS THE MINIMUM PARKING REQUIREMENTS WILL BE AS SPECIFIED IN SECTION 22 -1 OF THIS ORDINANCE. PARKING IN BOTH RESIDENTIAL AND NON- RESIDENTIAL AREAS SHALL BE CONVENIENT TO ALL DWELLING UNITS OR OTHER USES AND WHERE APPROPRIATES COMMON DRIVEWAYS, PARKING AREAS WALKS AND STEPS SHALL BE .PROVIDED AND MAINTAINED. SCREENING OF PARKING AND SERVICE AREAS MAY BE REQUIRED THROUGH AMPLE USE OF TREES, SHRUBS) HEDGES AND SCREENING WALLS. GARAGES OR CARPORTS SHALL BE CONSIDERED AS PARKING SPACES IN ORDER TO MEET THIS REQUIREMENT. ' JRR /RC /Mc 6/28/72 3RD ?` •,fig. V (5) PEDESTRIAN ACCESS. ADEQUATE SIDEWALKS SHALL BE PROVIDED FOR COMPLETE PEDESTRIAN CIRCULATIONS THROUGHOUT THE ENTIRE PLANNED UNIT DEVELOPMENT. (6) BUILDING SPACING. MINIMUM DISTANCE BETWEEN BUILDINGS SHALL BE 10' EXCEPT FOR COMMON WALL CONSTRUCTION. (G) SUBDIVISION DESIGN STANDARDS. THE UNIQUENESS OF EACH PROPOSAL FOR A PLANNED UNIT DEVELOPMENT REQUIRES THAT EXCEPT AS TO BOTH ON -SITE AND OFF -SITE DRAINAGE AND AS TO STREETS AND UTILITIES WHICH ARE TO BE DEDICATED TO THE PUBLIC CERTAIN STANDARD REQUIREMENTS BE MODIFIED TO'PERMIT THE FLEXIBILITY NECESSARY TO ACCOMPLISH THE DEVELOPMENT. AS TO ON -SITE AND OFF- ,SITE .ORA_I NAG E AND AS TO STREETS AND UTIL ITIE.S ,QEDJ CATED TO THE .RUBLAC, FACILITIES EQUAL IN FUNCTION AND QUALITY WILL BE ACCEPTABLE. IN THE EVENT OF CONFLICT, THEREFORE, BETWEEN THE PROVISIONS OF THIS ARTICLE AND THE PRO- VISIONS OF ANY OTHER CODE OR ORDINANCE OF THE CITY, THE PROVISIONS OF THIS ARTICLE SHALL PREVAIL, EXCEPT AS TO THE BUILDING CODE. (H) COMMON AREA CONTROL. ALL COMMON AREA SHALL BE CONVEYED BY CONVEYING TITLE (INCLUDING BENEFICIAL OWNERSHIP) TO A CORPORATION, ASSOCIA- TION OR OTHER LEGAL ENTITY. THE TERMS OF SUCH INSTRUMENT OF CONVEYANCE t:UST INCLUDE PROVISIONS, APPROVED BY THE PLANNING COMMISSION AND CITY COUNCIL, FOR GUARANTEEING (1) THE CONTINUED USE OF SUCH LAND FOR THE INTENDED PURPOSES; (2) CONTINUITY OF PROPERTY MAINTENANCE FOR THOSE PORTIONS OF THE COMMON AREA REQUIRING MAINTENANCE; (3) WHEN APPROPRIATE, THE AVAILABILITY OF FUNDS REQUIRED FOR SUCH MAINTENANCE; (11) ADEQUATE INSURANCE PROTECTION; AND (5) RECOVERY FOR LOSS SUSTAINED BY CASUALTY OR BY CONDEMNATION. FOR PLANNED UNIT DEVELOPMENTS THE FEDERAL HOUSING ADMINISTRATION S SUGGESTED LEGAL DOCUMENTS FOR PLANNED UNIT DEVELOPMENTS' FHA FORM 11100, REVISED 1968, MAY BE USED AS A MODEL FOR THE ESTABLISHMENT, CONTINUANCE AND OPERATION OF A HOMES ASSOCIATION TO MEET THE ABOVE STATED REQUIREMENTS. IF DIFFERENT FORMS ARE USED, EACH SUCH FORM MUST RECEIVE APPROVAL BY THE CITY ATTORNEY PRIOR TO COMMISSION AND COUNCIL CONSIDERATION FOR WHICH THE SAID DOCUMENTS SHALL BE HIS GUIDELINES. SECTION 28 -5. PROCEDURE. (A) ZONING. TWO COPIES OF A ZONING DIAGRAM AT A SCALE OF NO SMALLER THAN 1 "=100' ILLUSTRATING THE EXISTING ZONING AND LAND USE OF THE 5rom IMI JRR /RC /Mc 6/28/72 3RD SUBJECT PROPERTY AND THE EXISTING ZONING AND LAND USE OF ALL PROPERTY ADJACENT WITHIN NOT LESS THAN 200 FEET TO THE SUBJECT PROPERTY SHALL BE SUBMITTED TO THE DIRECTOR OF PLANNING AT THE TIME A PLAN OF DEVELOPMENT FOR A PUD -1 PROJECT IS SUBMITTED. THIS PLAN SHALL ALSO INCLUDE A DELINEATION OF THE GENERAL LOCATION OF THE SUBJECT PROPERTY IN RELATION TO THE SURROUNDING AREA AND A STATEMENT OF THE PROPOSED USE OR USES OF THE SUBJECT PROPERTY, I.E. SINGLE FAMILY, TOWNHOUSE AND APARTMENT, ETC., AND OF SUCH SURROUNDING AREA. (B) PLATTING. THE PROPERTY PROPOSED FOR PUD -1 SHALL BE PLATTED IN ACCORDANCE WITH THE PLATTING ORDINANCE OR THE PROVISIONS OF THIS ARTICLE, IF THERE BE IRRECONCILABLE CONFLICT. THE PLAN OF DEVELOPMENT MUST BE APPROVED PRIOR TO OR SIMULTANEOUSLY WITH THE APPROVAL OF THE PLAT. IN THE EVENT THAT THE PROPERTY HAS BEEN PLATTED PRIOR TO PREPARATION OF A PLAN OF DEVELOPMENT, REPLATTING MAY BE REQUIRED TO INSURE THE COMPATIBILITY OF THE PLAT WITH THE PLAN. (C) PLAN OF DEVELOPMENT. TO UTILIZE THE PROVISIONS OF THIS ARTICLE TEN (10) COPIES OF THE PROPOSED PLAN OF DEVELOPMENT ACCOMPANIED BY PROCESSING FEES, AS PRESCRIBED IN THE FOLLOWING SCHEDULE, SHALL BE SUBMITTED TO THE DEPARTMENT OF PLANNING. SCHEDULE OF PROCESSING FEES UP TO 5 ACRES $ 250.00 5 - 10 ACRES $ 1100.00 11 - 20 ACRES $ 65o.0o OVER 20 ACRES $1,000.00 THE PROCESSING FEES SHALL BE IN ADDITION TO ALL OTHER FEES AND ARE FOR THE PURPOSE OF DEFRAYING THE GREATER COSTS OF EXAMINING AND FORMULATING RECOMMENDATIONS ON THE PLAN OF DEVELOPMENT. THE PLAN OF DEVELOPMENT SHALL INCLUDE THE FOLLOWING DRAWING OR DRAWINGS PREPARED AT THE SCALE OF 1 " =50': (1) A DIMENSIONED LAYOUT OF ANY BUILDINGS, OPEN SPACES, RECREATIONAL AREAS AND OTHER ELEMENTS BASIC TO THE PROPOSED USE, INCLUDING THE AMOUNTS OF THE PROPOSED USES IN SQUARE FEET OR ACRES, WITH IDENTIFIABLE MATCHING DESIGNATION OF THE TOTAL NUMBER OF UNITS AND /OR HABITABLE IMPROVEMENTS TO BE PLACED WITHIN EACH DELINEATED AREA OR SPACE. (2) LOCATIONS, AMOUNTS AND TYPES OF NON - RESIDENTIAL USES WITHIN THE AREA PROPOSED TO BE DEVELOPED. IN THE EVENT THAT THESE NON- RESIDENTIAL USES ARE OF THE TYPE INTENDED TO SERVE ONLY THE RESIDENTS OF THE PUD, IMI URR /RC /MC 6/28/72 3RD DOCUMENTATION SHALL BE ATTACHED AS SPECIFIED IN SECTION 28 -4(B) OF THIS ARTICLE. (3) (A) THE SIZE AND LOCATION OF ALL VEHICULAR AND PEDESTRIAN ACCESS POINTS TO THE PUD. (B) THE NUMBER, DIMENSIONS OVERALL, AND LOCATION OF ALL PARKING SPACES. (C) THE PATTERNS ESTIMATED TRAFFIC VOLUMES, WIDTH, AND TYPE OF PAVING PROPOSED FOR ALL VEHICULAR MOVEMENT AREAS. (D) THE PATTERN, WIDTH AND TYPE OF PAVING FOR ALL SIDEWALKS AND OTHER PEDESTRIAN MOVEMENT AREAS. (E) ALL PROPOSED SCREENING AND /OR LIGHTING OF PARKING] AND OTHER AREAS, SHALL ALSO BE ILLUSTRATED. THE PLAN OF DEVELOPMENT SHALL ALSO INCLUDE AT AN APPROPRIATE SCALE OR IN SOME APPROPRIATE FORMS AS DETERMINED WITHIN THE GUIDELINES OF THIS ORDINANCE AND THE PLATTING ORDINANCE BY THE DIRECTOR OF PLANNING AS TO HEREOF AND BY THE CITY ATTORNEY AS TO 2. HEREOF, THE FOLLOWING: (1) A PLOT PLAN SHOWING CONTOURS AND ELEVATIONS. (2) THE REQUIRED LEGAL DOCUMENTS AS SPECIFIED IN SECTION 28 -4(H) OF THIS ARTICLE. INCLUDED AS PART OF THESE DOCUMENTS SHALL BE PROOF OF THE FINANCIAL RESPONSIBILITY OF THE ESTABLISHED ENTITY TO MAINTAIN THE COMMON AREA AS REQUIRED IN SECTION 28 -4(H) OF THIS ARTICLE. THE REQUIRED LEGAL DOCUMENTS WILL INCLUDE DEED RESTRICTIONS AND COMMON AND PARTY -WALL AGREEMENTS. (3) IN THE EVENT THAT THE PUD IS TO BE DEVELOPED IN STAGES OR PHASES A STAGING PLAN WITH ESTIMATED TIMES OF DEVELOPMENT IS TO BE INCLUDED AS PART OF THE PLAN OF DEVELOPMENT. (D) REVIEW. IT IS RECOMMENDED THAT THE PROPOSED PLAN OF DEVELOP- MENT BE REVIEWED INFORMALLY WITH THE DIRECTOR OF PLANNING PRIOR TO PREPARATION AND SUBMISSION OF THE REQUIRED 10 COPIES. IN ANY EVENT, HOWEVER, THE DIRECTOR OF PLANNING SHALL UPON RECEIPT OF THE 10 COPIES OF THE PROPOSED PLAN OF DEVELOPMENT DISTRIBUTE ONE OR MORE OF THE COPIES TO VARIOUS CITY DEPARTMENTS AND /OR OTHER AGENCIES AS DIRECTED BY THE CITY MANAGER. THE DEPARTMENTS AND /OR OTHER AGENCIES RECEIVING COPIES OF THE PROPOSED PLAN OF DEVELOPMENT SHALL, WITHIN 30 DAYS OF RECEIPT OF THE PLAN, SUBMIT, IN WRITING, TO THE CITY MANAGER AND THE DIRECTOR OF PLANNING THEIR RECOMMENDED APPROVAL, DISAPPROVAL AND /OR COMMENTS OF OR ABOUT THE PLANT STATING REASONS. (E) APPROVAL. NO LATER THAN 45 DAYS AFTER SUBMISSION OF THE.PLAN OF DEVELOPMENT THE DIRECTOR OF PLANNING SHALL SUBMIT THE PLAN WITH HIS RECOM- MENDATION AND THE COMMENTS RECEIVED FROM OTHER CITY DEPARTMENTS AND /OR OTHER AGENCIES TO THE PLANNING COMMISSION FOR CONSIDERATION. -12- '- JRR/RC/Mc 6/28/72 4TH THE CITY PLANNING COMMISSION, AFTER RECEIPT OF SUCH PLAN, MAY APPROVE THE PLAN SUBMITTED, AMEND AND APPROVE THE PLAN AS AMENDED, OR DISAPPROVE THE PLAN. THE COMMISSION SHALL FINALLY ACT ON SUCH PLAN AND APPLICATION WITHIN TWENTY -ONE (21) DAYS AFTER SUBMISSION AND CLOSE (ADJOURN- MENT OF PUBLIC HEARING THEREON, WHEREUPON IT SHALL BE PROMPTLY TRANSMITTED TO THE CITY COUNCIL AS THE RECOMMENDATION OF THE COMMISSION. (F) RECORDING OF THE APPROVED PLAN. FOLLOWING APPROVAL BY THE CITY COUNCIL, THE PLAN WITH AMENDMENTS, IF ANY, SHALL BE STAMPED 'APPROVED PLANNED UNIT DEVELOPMENT' AND BE SIGNED AND DATED BY THE CHAIRMAN OF THE PLANNING COMMISSION AND THE COUNCIL APPROVAL CERTIFIED BY THE CITY SECRETARY. ONE COPY OF THE APPROVED PLAN SHALL BE SUBMITTED TO THE BUILDING INSPECTION DIVISION OF PUBLIC WORKS DEPARTMENT FOR USE IN ISSUING BUILDING PERMITS. IN ADDITION OTHER COPIES OF THE APPROVED PLAN SHALL BE SUPPLIED AS DIRECTED BY THE CITY MANAGER TO OTHER DEPARTMENTS AND AGENCIES. (G) CHANGE IN THE PLAN. AFTER FAVORABLE ACTION BY THE CITY COUNCIL MINOR ALTERATIONS TO THE PLAN THAT DO NOT AFFECT PLATTING THE GENERAL CHARACTER, OR OVERALL DESIGN OF THE PLAN AND NOT EXCEEDING THREE (3) PERCENT OF THE GROSS, PROBABLE, PRESENT FAIR MARKET VALUE, 'AS BUILT' PER APPROVED PLAN, MAY BE APPROVED BY THE DIRECTOR OF PLANNING. ALTERATIONS EXCEEDING SAID THREE (3) PERCENT SHALL BE RESUBMITTED FOR REVIEW BY THE PLANNING COM- MISSION FOLLOWING THE SAME PROCEDURE REQUIRED IN THE ORIGINAL ADOPTION OF THE PLAN. THE DIRECTOR OF PLANNING SHALL INTERPRET WHAT CONSTITUTES A SUB- STANTIAL ALTERATION IN THE PLAN, USING THE APPROVING ORDINANCE AS A GUIDELINE. (H) TIME LIMIT. THE CONSTRUCTION OF THE PLANNED UNIT DEVELOPMENT SHALL BE STARTED WITHIN ONE (1) YEAR OR 365 CONSECUTIVE DAYS OF THE EFFECTIVE DATE OF APPROVAL OF THE PLAN BY THE CITY COUNCIL. THE PLANNING COMMISSION MAY, NO SOONER THAN 60 DAYS PRIOR TO THE END OF THE TIME PERIOD, UPON REQUEST OF THE DEVELOPERS EXTEND THE TIME ONE (1) ADDITIONAL YEAR IF, IN THE JUDGMENT OF THE COMMISSIONS ADDITIONAL TIME IS WARRANTED. IN ANY EVENT, CON- STRUCTION MUST BE STARTED WITHIN TWO (2) YEARS OF THE EFFECTIVE DATE OF APPROVAL AND SHALL BE COMPLETED WITHIN 3 YEARS UNLESS A DIFFERENT PERIOD OF TIME IS PERMITTED BY THE CITY COUNCIL. FAILURE TO BEGIN THE DEVELOPMENT WITHIN THE ONE -YEAR PERIOD, OR THE PERIOD AS EXTENDED, OR TO COMPLETE THE -13- JRR /RC /JKH 7 -5 -72 4TH DEVELOPMENT WITHIN THREE (3) YEARS AFTER DATE OF PLAN APPROVED BY THE CITY COUNCIL UNLESS A DIFFERENT PERIOD OF TIME IS PERMITTED BY THE CITY COUNCIL, SHALL AUTOMATICALLY VOID THE PLAN OF DEVELOPMENT BY OPERA- TION OF LAW AND THE ZONING SHALL AUTOMATICALLY REVERT TO THE ESTABLISHED ZONING DISTRICTS PRIOR TO THE ESTABLISHMENT OF THE PUD DISTRICT, AND NO BUILDING PERMIT SHALL THEN BE ISSUED UNTIL THE PLAN OR AN AMENDED PLAN HAS BEEN RESUBMITTED AND PROPERLY APPROVED BY THE COMMISSION AND THE CITY COUNCIL. IT SHALL BE T14E DUTY OF THE DIRECTOR OF PLANNING TO MAINTAIN A COMPLETE, CURRENT FILE OF ALL APPROVED PLANNED UNIT DEVELOPMENTS ON A TICKLER SYSTEM IN ORDER THAT EVERY PLAN NOT COMMENCED BY CONSTRUCTION WITHIN THE SAID ONE (1) YEAR BE DOCKETED FOR COMMISSION NOTIFICATION NO LATER THAN THE COMMISSION'S REGULAR MEETING IMMEDIATELY PRECEDING THE EXPIRATION DATE OF THE APPROVED PLAN. PUD -2 p SECTION 28 -6. MINIMUM REQUIREMENTS. (A) SIZE. THE SIZE OF A PUD -2 WILL BE DETERMINED BY THE CITY COUNCIL AFTER RECEIVING THE RECOMMENDATION OF THE PLANNING COMMISSION AT THE TIME OF DELINEATION OF THE AREA AS IN OTHER ZONING CASES. - (B) PERMITTED USES. A PUD -2 MAY INCLUDE ANY MIXTURE OF COMPATIBLE USES UNDER THE TERMS AND CONDITIONS OF THIS ORDINANCE. COMPATIBILITY OF USE AS DETERMINED BY THE CITY COUNCIL AFTER RECEIVING THE RECOMMENDATION OF THE PLANNING COMMISSION SHALL ESTABLISH A PRESUMPTION OF SUCH COMPATIBILITY. (C) DENSITY. DENSITY SHALL BE REGULATED IN TERMS OF INTENSITY OF USES EXPRESSED BY FLOOR AREA RATIOS. THE RELATIONSHIP BETWEEN USES AND THE OVERALL FLOOR AREA RATIO ALLOWABLE SHALL BE DETERMINED BY CHARACTERISTICS AND THE CAPACITY OF THE SURROUNDING ENVIRONMENT. THE BURDEN OF PROOF SHALL BE ON THE DEVELOPER TO SHOW THAT EXISTING OR PROPOSED FACILITIES CAN HANDLE THE REQUESTED INTENSITY. (D) HEIGHT AND PERIPHERAL YARD REQUIREMENTS. (1) HEIGHT. THE CITY COUNCIL MAY SET SPECIAL HEIGHT LIMITATIONS AS IT DEEMS NECESSARY. (2) PERIPHERAL YARD REQUIREMENTS. IN ALL CASES THE PERIPHERAL YARD REQUIREMENTS SHALL BE AT LEAST AS RESTRICTIVE AS THE REQUIREMENTS OF A PUD -1 -14- JRR /RC /Mc 6/28/72 3RD 3, DEVELOPMENT AS ESTABLISHED IN SECTION 28 -4(E) OF THIS ARTICLE. DEPENDING ON THE INTENSITY AND USES PROPOSED FOR A PUD -2 DEVELOPMENT AND ITS RELATIONSHIP TO THE SURROUNDING AREA, THE CITY COUNCIL MAY REQUIRE GREATER BUILDING SETBACKS FOR ANY PERIPHERAL YARD, AND SCREEN WALLS, HEDGES, SHRUBS AND TREES AS DEEMED NECESSARY AND APPRO- PRIATE FOR PRESERVATION OF THE CHARACTER OF THE SURROUNDING AREA. (E) OPEN SPACE, LIVABILITY SPACE, RECREATION SPACE. RATIOS OF THE TYPES ESTABLISHED BY THE LAND USE INTENSITY RATING (L.UI) HEREINBEFORE STATED, FOR RESIDENTIAL AREAS SHALL REPRESENT THE NORM AND.SIGNIFICANT DEVIATION, AS DETERMINED BY THE CITY COUNCIL AFTER RECEIVING THE RECOM- MENDATION OF THE PLANNING COMMISSION, FROM THESE RATIOS SHALL BE DOCUMENTED TO JUSTIFY THE ACCEPTABILITY OF THE PROPOSAL. (F) OTHER MINIMUM REQUIREMENTS. ALL OTHER MINIMUM REQUIREMENTS FOR A PUD -2 DEVELOPMENT SHALL BE THE SAME AS THOSE REQUIREMENTS ESTABLISHED FOR PUD -1 DEVELOPMENT IN SECTION 28 -4(F), (G), AND (H) OF THIS ARTICLE. THE CITY COUNCIL, AFTER RECEIVING THE RECOMMENDATION OF THE PLANNING COMMISSION, MAY, HOWEVER, ALTER SUCH OTHER MINIMUM REQUIREMENTS IF THE APPLICANT - DEVELOPER OFFERS SUBSTANTIAL EVIDENCE OF MATERIAL FRUSTRATION OF THE PLAN OF DEVELOPMENT OTHERWISE MADE AND SUBMITTED IN ACCORDANCE WITH THIS ORDINANCE. IN NO CASE, HOWEVER, SHALL THE REQUIREMENTS FOR COMMON AREA CONTROL BE ALTERED OR WAIVED. THE CITY COUNCIL AFTER RECEIVING THE RECOMMENDATION OF THE PLANNING COMMISSION MAY IMPOSE ANY CONDITIONS, TERMS OR LIMITATIONS IT FINDS NEEDFUL FOR THE PROTECTION AND PROMOTION OF THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE OF THE CITY IN ACCORDANCE WITH THIS ORDINANCE AND THE LAW OF THE CITY AND THE STATE OF TEXAS. ' SECTION 28 -7 PROCEDURE. (A) PRE- APPLICATION CONFERENCE. PRIOR TO SUBMISSION OF A FORMAL APPLICATION FOR A PUD -2, THE DEVELOPER SHALL CONFER WITH THE DIRECTOR OF PLANNING CONCERNING THE PROPOSAL. (B) APPLICATION FOR APPROVAL. ALL PROVISIONS RELATIVE TO THE PROCEDURE FOR THE ADMINISTRATIVE PROCESSING OF A PUD -1 PLAN OF DEVELOPMENT AS SPECIFIED IN SECTION 28 -5 HEREIN SHALL APPLY. (C) PUBLIC HEARING. THE CITY COUNCIL SHALL, AFTER PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 30 HEREIN, (1) GRANT TENTATIVE -15- JRR/RC/Mc 6/28/72 3RD OR FINAL APPROVAL OF THE PLAN AS SUBMITTED, (2) GRANT TENTATIVE OR FINAL APPROVAL SUBJECT TO SPECIFIED CONDITIONS NOT INCLUDED IN THE PLAN AS SUB- MITTED, OR (3) DISAPPROVE THE PLAN. IF FINAL APPROVAL IS NOT GRANTED UPON CONCLUSION OF THE HEARING, THE CITY COUNCIL MAY RECESS SAID HEARING TO A TIME CERTAIN, PRIOR TO THE EXPIRATION OF THE TERM OF OFFICE OF THE COUNCILS FOR FINAL ACTION ON THE APPLICATION. (D) PROCEDURE. THE PROVISIONS OF ARTICLE 28 -5 HEREOF EXCEPT AS IRRECONCILABLY CONFLICTIVE WITH THIS ARTICLE 28 -7, SHALL GOVERN PUD -2 PLAN PROCESSING ADMINSTRATION, AND REVIEW." SECTION 4. EXCEPT AS EXPRESSLY OR BY NECESSARY IMPLICATION REPEALED OR AMENDED BY THE TERMS OF THIS ORDINANCES ALL OTHER PROVISIONS OF THIS ORDINANCES AND ALL OTHER ORDINANCES, ARE HEREBY KEPT AND MAINTAINED IN FULL FORCE AND EFFECT. SECTION 5. EVERY FINALLY APPROVED PLANNED UNIT DEVELOPMENT SHALL, THEREBY, BECOME A PART OF THE OFFICIAL CITY OF CORPUS CHRISTI ZONING MAP AND BE DELINEATED THEREON. CORRECTIONS AND CHANGES AS PERMITTED HEREIN BY THE DIRECTOR OF PLANNING NEED NOT BE OFFICIALLY MAPPED. SECTION 6. PUBLICATION SHALL BE MADE ONE TINE IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, BY PUBLISHING THE CAPTION AND PENALTY CLAUSE AND PROPOSED EFFECTIVE DATE PRIOR TO FINAL PASSAGE. SECTION 7. THIS ORDINANCE SHALL BECOME EFFECTIVE ON 1972- SECTION H. IF FOR ANY REASON ANY SECTION, PARAGRAPHS SUBDIVISION CLAUSES PHRASES WORD, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID OR UNCONSTITUTIONAL BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION IT SHALL NOT AFFECT ANY OTHER SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE WORD, OR PROVISION OF THIS ORDINANCE, FOR IT IS THE DEFINITE INTENT OF THIS CITY COUNCIL THAT EVERY SECTION] PARAGRAPHS SUBDIVISIONS CLAUSE] PHRASE WORD, OR PROVISION HEREOF BE GIVEN FULL FORCE AND EFFECT FOR ITS PURPOSE. SECTION 9. THAT THE NECESSITY OF MAINTAINING AT ALL TIMES A COM- PREHE14SIVE ZONING ORDINANCE FOR THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE -16- JRR /RC /mc 6/28/72 3RD CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE ff "AY OF JU , ATTEST • is♦ CITY SECRE RY AYOR THE CITY 0 CORP RISTI, TEXAS APPROVED: J DAY OE JULY, 1972: /�SS�• CITY ATTORN CORPUS CHRISTI, TEXAS DAY OF , �9 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, 0 T THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFU Y, s THE CITY OF CORP RISTI,, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ��• RONNIE SIZEMORE _ CHARLES A. BONNIWELL ROBERTO BosoUEZ, M.D. Oi„v ' - REV. HAROLD.T• BRANCH _ - THOMAS V. GON2A LES GABE LO2ANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: - BONNIE S12EMORE CHARLES A. BONNIWELL ROBERTO BosouEZ, M.D. - 'BEY. HAROLD T. BRANCH THOMAS V. GONZALES " GABE LOZANO, $II, -� J. HOWARD STARK ar t +� �9,: