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HomeMy WebLinkAboutMinutes City Council - 06/14/1972 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING June 14, 1972 4:30 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tern Chas. A. Bonniwell Commissioners: Roberto Bosquez, M.D. Thomas V. Gonzales Gabe Lozano, Sr. Rev. Harold T. Branch J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring • Mayor Sizemore called the Special Meeting to order in the Council Chamber of City Hall, and stated the purpose of the meeting was to hold scheduled public hearings on zoning applications and any other business as may properly come before the Council. He explained the procedure to be followed and asked that it be noted that all members of the Council were present to conduct a valid meeting. Mayor Sizemore presented Application #572-I, Mary Ella Cocke, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District on the east 200 feet of Lot 8, Block H, Flour Bluff Estates, located north of the 10600 Block of South Padre Island Drive. He explained that the request was heard by the Planning Commission May 9, 1972, and forwarded to the Council with the recommendation that it be approved as a logical extension of the "B-4" zoning to the south fronting on South Padre Island Drive, and that the Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Stark, and passed, that the hearing be closed. Motion by Stark, seconded by Branch and passed, that Application #572-1, Mary Ella Cocke, be approved as recommended by the Zoning and Planning Commission and that an ordinance be brought forward effectuating the change, Mayor Sizemore presented Application #572-2, Evelyn B. Collins, for change of zoning from "R -IB" One Family Dwelling District to "A -I" Apartment House District on all of Block A, Ellendale Gardens Annex, located in the 4500 Block on the south side of Up River Road and west of Country Club Drive at Interstate Highway #37. He explained that the request was heard by the Planning Commission May 9, 1972, and forwarded to the Council with the recommendation that it be approved because there has been a definite change in the character of the area with the Freeway going through this part of the City. He stated the Staff's recommendation, based on a study that • Minutes Special Council Meeting June 14, 1972 Page 2 was prepared for this area that the property in question not be zoned "A -I" but would be more suitable for "R-2" on the basis that it would be a higher density than the existing single-family zoning yet not the density of "A -I" Apartment House District. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Mr. Harold Hoelscher, realtor, spoke on behalf of the applicant and stated the proposed apartment complex would serve as a good buffer between the apartments and single- family dwellings. Motion by Stark, seconded by Lozano and passed, that application #572-2, Evelyn B . Collins, be approved as recommended by the Planning Commission, and that an ordinance be brought forward effectuating the change. Mayor Sizemore presented Application #572-3, Donald V. Kingsbury, for change of zoning from "R -IB" One -family Dwelling District to "A -I" Apartment House District, on a portion of Lots 1 & 2, Bancroft -Dodge Farm Lots, located in the 4100 Block of Poth Lane, He explained that the request was heard by the Planning Commission May 9, 1972, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "R-2" Two-family Dwelling District be approved. He stated the Planning Staff did not share this recommendation based on the foot that Poth Lane is a very narrow street, 21 feet in width, there are no curbs and gutters, the buildings would face residential uses to the west, and the Staff study of this general area indicates that the property should remain single-family zoned. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Stark and passed, that the hearing be closed, Motion by Gonzales, seconded by Lozano and passed that the recommendation of the Planning Commission be concurred in and that an ordinance be brought forward effectuating the Special Permit in lieu of the Foregoing requested zoning, Mayor Sizemore presented Application #572-4, William 5. Hopkins, for change of zoning from "AB" Professional Office District to "B -I" Neighborhood Business District, on all of Lot 4, Block 25, Windsor Park, Unit #4, located in the 4500 Block of South Staples Street. He explained that the request had been heard by the Planning Commission May 9, 1972, and forwarded • • Minutes Special Council Meeting June 14, 1972 Page 3 to the City Council with the recommendation that it be approved as a logical buffer between the apartments adjacent to the north and the "B-4" uses to the south; that it was the Staff's opinion that changes of zoning should not be granted purely on the basisof increasing the height of a sign or its size. No one appeared in opposition to the recommendation of the planning Commission. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Bosquez, seconded by Lozano and passed, that Application #572-4, William 5. Hopkins, be approved as recommended by the Zoning and Planning Commission and that an ordinance be brought forward effectuating the change. Mayor Sizemore presented Application #572-5, John H. Thomason, for change of zoning from "R -IB" One -family Dwelling District to "B-1" Neighborhood Business District on the east 1/2 of Lot 5, Ave Cooper Subdivision, located on the north side of the 4400 Block of Kostoryz Road. He explained that the request was heard by the Planning Commission May 9, 1972, and forwarded to the City Council with the recommendation that it be approved on the basis that there has been adequate change in the area. He stated that the Planning Commission concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Stark, seconded by Bosquez and passed, that Application #527-5, John H. Thomason, be approved as recommended by the Planning Commission and that an ordinance be brought forward effectuating the change. Mayor Sizemore presented Application #572-6, Anita Neyland, for change of zoning from "R -IB" One -family Dwelling District to "A -I" Apartment House District on all of Lot 11, Block A, Joslin Tract, located on the south side of the 7500 Block of McArdle Road. He stated the request was heard by the Planning Commission May 9, 1972, and forwarded to the City Council with the recommendation that it be approved as a logical extension of apartment zoning in this area. He stated the Staff concurred in this recommendation. - No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Stark and passed, that the hearing be closed. • Minutes Special Council Meeting June 14, 1972 Page 4 Motion by Lozano, seconded by Stark and passed, that Application 0572-6, Anita Neyland, be approved as recommended by the Planning Commission, and that an ordinance be brought forward effectuating the change. Mayor Sizemore announced the public hearing on the proposed amendment to the Text of the Zoning Ordinance, Article 28, Large Scale Developments (PUD - The Community Unit Plan), by repealing all of its present Sections and substituting therefor new Sections. (A copy of this proposal is attached hereto and made a part of these Minutes by reference Marked Exhibit "A".) Capt. J. T. Acuff, Chairman of the Planning Commission, presented the proposed amendments in detail, commenting that the proposal had been under consideration and study for over a year by the Commission, and a final draft of the ordinance had been approved by the Commission on June 6, 1972, Following a review by the City Attorney, and that minor modifica- tions had been made since the review by the City Attorney. He stated that the Commission now recommends the immediate passage of this ordinance so as to provide an additional tool for the modern development of the City. (A copy of the ordinance, as approved by the Planning Commis- sion, is attached hereto and made a part of these Minutes by reference, marked Exhibit "B".) Capt. Acuff explained that the Planned Unit Development concept allows for more flexibility in layout and design, provides a more creative approach to the development and efficient use of the land, and does not set out space requirements included in standard subdivisions. He stated, if approved by the Council, it will replace the present Community Unit Plan under which Village on Green was developed. He explained that the ordinance will provide for two types of developments, PUD I, which would be more restrictive and would require height limita- tions as is now required in residential areas, and lot sizes would have to meet the Federal Housing Administration standards; and PUD 2 would require the same zoning procedures but that all zoning restrictions would not be in effect. He pointed out that the Council would have final authority to approve or disapprove the plan. He stated that both plans, rather than having large individual yard areas, a larger tract would be left for open space for community use, and that this space would also be for the general public; that the net result would be lower cost to the homeowner and more freedom to the developer and his architect in the way a particular section of land is developed. He pointed that PUD is a new concept, but has been adopted in Dallas, San Antonio, and Brownsville; • • Minutes Special Meeting June 14, 1972 Page 5 that members of the Planning Commission have conferred with officials of these Cities on numerous occasions and feel that this City should give the concept a trial. Planning Director, William Anderson, made a slide presentation illustrating Planned Unit Development subdivisions as compared to The standard type subdivisions with normal areas and space requirements. He stated the slides were provided by the Association of Home Builders. Mr. Anderson illustrated the general street patterns, comparing one with the other; pointed out that the PUD plan reduces the linear feet of streets and utilities, reduces the number of intersections and street frontage, thus reducing the cost to the individual consumer. He described and compared the open space areas, stating that the clustering arrangement of the buildings leaves more space for recreational areas, and provides for greater density but with more liveability at a lower cost. He emphasized that, in PUD 2, where zoning restrictions are relaxed, the Building Code as to water lines and fire hydrants, etc., would be complied with, and that the Council would have to approve or disapprove the plan when submitted. A lengthy discussion followed during which time Capt. Acuff and the Planning Staff were questioned by the City Manager and the Council relative to the various aspects of the concept, and as to how it would differ from the standard type subdivision. Other members of the Planning Commission present in support of the amendment were Mr. Ralph Durden and Mr. Chas. Cartwright. Mr. Jack Solka commended the Commission and the Staff for the time and efforts spent on the draft of the proposal, and hoped the Council would adopt the plan as presented. Mr, Gene Urban, of Urban Engineering, Mr. Roger Seaman, and Mr. Joe Williams, concurred with Mr. Solka that the Commission and the Staff be commended and that the amendments should be adopted. No one appeared in opposition to the foregoing proposed Text Amendments. Mayor Sizemore commented that there are many problems involved, but that it is something that is needed. He stated that the ordinance would be placed on a three reading basis, urged those who are interested to be on hand for each reading, and invited suggestions for revisions. Motion by Bonniwell, seconded by Lozano and passed, that the hearing be closed. Motion by Bonniwell, seconded by Stark and passed, that the ordinance, as presented by the Planning Commission, be brought forward for first reading at this time, with the understanding • Minutes Special Council Meeting June 14, 1972 Page 6 that the matters on which the City Manager had expressed concern, be worked out before the second reading. ORDINANCE NO. 10917 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PAR- TICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MARY ELLA COCKE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON EAST 200' OF LOT 8, BLOCK H, FLOUR BLUFF ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 10918 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, £T SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF EVELYN B. COLLINS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF BLOCK A, ELLENDALE GARDENS ANNEX SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "A -I" APART- MENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzoles, Lozano, and Stork, present and voting "Aye". ORDINANCE NO. 10919 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF DONALD V. KINGSBURY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 1, BANCROFT-DODGE FARM LOTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT•TO "R-2" TWO=FAMI-LY`•DWELLING DISTRICT; KEEPING, IN EFFECT ALL OTHER PROVISIONS. OF THE EXIST- ING'ORDINANCE-AS AMENDED; REPEALING•AtL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present • • Minutes Special Council Meeting June 14, 1972 Page 7 and voting "Aye". ORDINANCE NO, 10920 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM- TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF WILLIAM S. HOPKINS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOT 4, BLOCK 25, WINDSOR PARK, UNIT #4, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B -I" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO, 10921 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27T1-1 DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF JOHN H. THOMASON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 5, AVA COOPER SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "B -I" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 10922 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF ANITA NEYLAND BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOT 11, BLOCK A, JOSLIN TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "A -I" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". • Minutes Special Council Meeting June 14, 1972 Page 8 FIRST READING OF AN ORDINANCE AMENDING 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, ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS AS THEREAFTER FROM TIME TO TIME AMENDED, INCLUDING BUT NOT LIMITED TO THE AMEND- MENT OF ORDINANCE NO, 6106, OF MARCH 29, 1961, AS AMENDED; AND MORE PARTICU- LARLY AMENDING 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, PERMITTED USES, DENSITY, HEIGHTS AND PERIPHERAL YARD REQUIREMENTS, VEHICULAR ACCESS AND CIRCULATION; PARKING STANDARDS, PEDESTRIAN ACCESS, BUILDING SPACING, SUBDIVISION DESIGN STANDARDS, COMMON AREA CONTROL, ZONING APPLICATION PROCEDURE, 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; PROVIbING PENALTIES; PROVIDING FOR NOTICE BY PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING SEVERABILITY. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". There being no further business to come before the Council, motion by Stark, seconded by Bosquez, and passed, that the Special Meeting be adjourned at 6:05 p.m., June 14, 1972. • 6/6/72 • AN ORDINANCE AMENDING 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 VOLUXE 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 AMERD7 MNT 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 C01iMUNITY 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 MINIHIJM REQUIREMENTS ON LOT SIZES, PER- MITTED USES, DENSITY, REICHTS & PERIPHERAL YARD REQUIRE- MENTS, VEHICULAR ACCESS AND CIRCULATION; PARKING STAN- DARDS, PEDESTRIAN ACCESS, BUILDING SPACING, SUBDIVISION DESIGN STANDARDS, COMMON AREA CONTROL, ZONING APPLICA- TION PROCEDURE, PUD PLATTING, THE PLAN OF DEVELOPMENT, PLAN REVIEW AND APPROVAL PROCEDURE, AND CHANGE -OF -PLAN PROCEDURE; KEEPING ALL OTHER PROVISIONS OF CITY ORDI- NANCES IN FULL FORCE AND EFFECT; PROVIDING PENALTIES; PROVIDING FOR NOTICE BY PUBLICATION; PROVIDING AN EF- FECTIVE DATE; AND PROVIDING SEVERABILITY. 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. ,fixh1bk't "ter • SECTION 3. The following new Article 28 shall hereafter read as follows: "ARTICLE 28. PLANNED UNIT DEVELOPMENTS. Section 28-1 Scope and Purpose. (1) It is the intent of this article to encourage unified design of residential housing, commercial, office, professional, retail, and insti- tutional areas. and facilities, or combinations thereof, to provide for re- lated developments having harmony of design and variety of function, thrust- ing, in some appreciable degree, 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 regulations of the City Zoning and Platting Ordinances. 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 with residential development. (c) A pattern of development which preserves trees, outstanding natural topography, and geologic fea- tures. (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) (g) An environment of stable character in harmony with surrounding development. The development of vacant property within the pre- sently developed urban area. (h) The redevelopment of property where desirable by providing flexibility in redesign. - 2 - (1) The production of a higher level of amenities. The plannedunit development concept is a recognition that at times greater quality of development can be achieved by permitting modi- fication of established zoning and subdivision regulations and that when property is planned and developed as a unit, modification to standard regu- lations is possible without endangering the health, safety bnd general wel- fare 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 -2, i.e. Planned Unit Development 1 and Planned Unit Develop- ment 2. (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 de- velopment situations including but not limited to combined uses. (4) A PUD -2 is a new zoning district or an overlay, as a district, upon an existing district or districts, as hereinafter prescribed, and pos- sessing features differentiated in Section 28-3. Definitions (j) hereof. PUD -2 is envisioned as a tool under which zoning and subdi- vision regulations would be subject to modification as necessary to solve specific land development problems and to implement special development con- cepts. Section 28-2 Applicability and Limitations. (a) Development as PUD -1 or PUD -2 may be permitted for residen- tial 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 may be permi.tted in the following zoning districts of the City: AB, B-1, AT, B-3, and B-4, excluding Subsections 5 and 12 uses therefrom, as defined in the City Zoning Ordinance, and the B-5 greenhouse use, only. On natural water frontage within the corporate limits of the City a Planned Unit Development District may be overlaid in all or part of a B-2 District, and may include therein all the aforestated residential districts and the said commercial, professional, or business districts. Due to the nature, character and locations of B-3 Districts within the City, it is further provided that a PUD -1 or PUD -2 District, as hereinafter defined, may be overlaid in all or part of such B-3 District. The nature of a PUD envi- sions minor alterations of the existing rules and regulations in estab- lished zoning districts. It is the intent that these alterations be held to a minimum. In the case of a PUD -2 overlay, such parts of the established district or districts in which it is overlaid shall, after the effective date of the ordinance approving such PUD -2 application, 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, supplant- ing 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 is at the option of the developer (and to be in substantial conformity with the regulations of established City zoning districts.) - 4 - (c) Utilization of PUD -2 will require delineation of a PUD -2 area by the City Council and the promulgation of special rules and regu- lations by ordinance consistent with this ordinance. Section 28-3 Definitions. (a) 'Common Area' shall mean a parcel or parcels of land, or an area of water, or a combination of land and water, and/or developed facilities 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 develop- ment. (b) 'Floor Area' shall mean all indoor area except garages, heat- ing 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 area, open space, 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'shallmean 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. - 5 - (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 includ- ing parking spaces or 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 not used for generally regular, public, pedestrian and vehicular traffic 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 develop- ment including such drawings, documents, and other information necessary to illustrate completely the proposed development. The plan of development shall specifically include such information as required by Section 28-5(c) of this Article. (h) 'Planned Unit Development' shall mean: (1) an area of land of not less than five (5) acres, controlled by a land owner, or land owners acting in concert, to be developed as a single entity, the plan for which does not necessarily correspond directly to the regulations in any one zon- ing district established by other articles of the zoning ordinance; (2) to be developed in one continuous, ascertainable phase or in a definitely pro- grammed and calendared series of development operations; (3) embracing principal and accessory structures and uses substantially related to the character of the 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 pro- vided preliminary plan, according to comprehensive, detailed plans, includ- ing streets, utilities, lots and building sites, and related items, and - 6 - site plans, floor plans, elevations for all buildings as intended to be lo- cated, constructed, used, and related to .each other, and detailed plans for other uses and improvements on the land as related to the buildings; and (5) a development prescribing for the provision, operation, and mainte- nance of such areas, buildings, structures, improvements, facilities, and services as will he for use in commonalty by some or all of the occupants, tenants and for owners within the PUD, either at general expense to the deveroper, his successors or assigns, or by assessments to an owners' and/or tenants' association, or both methods. A planned unit development may in- clude, but does not require, individual ownership of units, structures, or property. Common areas, however, which relate to and serve the individual occupants, are mandatory. (i) 'PUD -l' shall mean a Planned Unit Development which substan- tially complies with the use regulations, overall density, character of development, and other minima and maxima as defined by standard zoning dis- tricts but which allows a greater degree of flexibility in layout and de- sign hereunder than would be possible under the said standard zoning and subdivision requirements. (j) 'PUD -2' shall mean a Planned Unit Development which because of special development considerations, or particular planning applications, will have the flexibility necessary to permit major modification of regula- tions defined by standard zoning or subdivision practice. It does not sub- stantially comply with the City Comprehensive Zoning Ordinance, as does a Ph -1, in that it is characterized by one or all or a combination of the following: 7 - (1) One (1) or more uses inconsistent with uses permitted within a given zoning district are proposed in the PUD -2; (2) Densities of population in ratio to floor area pro- jected exceed that permitted by the City Comprehen- sive Zoning Ordinance; (3) One (1) or more material elements of the proposed de- velopment are violative, otherwise, of the City Plat- ting Ordinance or the City Zoning 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 included, such as indoor -outdoor pools, gazebos, and pavilions. PIM- 1 Section 28-4. Minimum Requirements. (a) Size. A Planned Unit Development district may be authorized on sites of 5 acres or more to accommodate various types of developments and combinations of the development authorized by this ordinance. (b) Permitted Uses. A Planned Unit Development district may be approved for single-family dwellings, two-family dwellings or multiple dwell- ings of all types (see Article 3, Definitions) and 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 en- compass several zones or zoning districts, provided however, that the uses permitted in each zone are limited to the boundaries of that zone. In addition a PUD -1 developed as residential may include personal service and retail businesses intended to serve the residents of the develop- meat only. However, 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 this ordinance will utilize the Federal Housing Administration's Land Use Inten- sity Ratings, to be referred to hereafter as (LUI), to establish maximum areas. The ratings used are based on typical unit sizes, as established by FHA guidelines, definitions and practices, and the existing densities for the various districts as required in other sections of the City Zoning Ordi- nance. The ratios, ratings and corresponding floor area ratios are as follows: Maximum Floor Area Open Space Recreation Livability District Units/Acre DUI ,Ratio Ratio Space Ratio Space Ratio R -1A 4 4.0 .200 3.8 .18 2.6 R -1B 7 4.2 .230 3.3 .17 2.2 R-2 14 4.5 .283 2.6 .15 1.7 A-1 21 5.3 .492 1.5 .12 .84 A-2 34 6.0 .800 .85 .10 .50 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 pub- lic health, safety, and welfare of the inhabitants of the City and property, public or private, 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 land, shall be thus considered as to the impact on surrounding private prop- erties, public areas and facilities, and the inhabitants and users thereof. (d) Heights and Peripheral Yard Requirements. (1) height. All structures shall not exceed a maximum height of three (3) stories or 35'. However, any portion of a building may be erected to exceed the height limit specified provided that such portion is set back from the required side and rear yards one foot for each two feet of height in excess of the 3 stories or 35'. (2) Yards Abutting Street. All structures adjacent to a public street shall be a minimum of 25' from the nearest right-of- way line of said street except where a greater setback is required by the subdivision regulations for major thorough- fares. The 25' setback requirement may be waived by action of the City Council in the event that the applicant estab- lishes that no traffic hazard will be created by such waiver. (3) Yards Abutting Existing Developments. All structures adja- cent to the property line of an existing residential develop- ment, 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 area, shall be a minimum of 5' from the property line. (e) Interior Site Requirements. (1) Residential Developments - Open Space, Livability Space, Rec- reation Space. Por all residential developments the (LUI) ratings established in Section 28-4(c) shall be used to determine the open space, livability space and recreation space ratios. (2) Minimum Lot Requirements. An individual lot for each struc- ture 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 (e) 1. above, and lot boundaries may coincide with structure bound- aries if desired. If individual lots are provided there shall lie 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. Curb cuts - 10 - • shall be located so as to provide a minimum of conflict between the planned unit development traffic and the traf- fic on the adjacent streets. (0) Internal vehicular cir- culation may be on private streets owned and maintained by the corporation, association, or other legal entity as es- tablished in Sec. 28-4 (g) of this Article. However, the Planning Commission may recommend and the City Council re- quire 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 besufficient to provide adequate capacity for the anticipated 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 con- necting 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 maintenance, without any liability whatsoever to the City of Corpus Christi, may be permitted if the de- veloper and owner or owners' covenants, by proper instrument, approved by the City Attorney, duly recorded, to, and does, convey unconditionally and forever to the City public ease- ments for ingress, egress, and utilities, on the private side- walks, 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 de- velopments the minimum parking requirements will be as spe- cified in Section 22-1 of the Zoning Ordinance. Parking in both residential and non-residential areas shall be conve- nient to all dwelling units or other uses and where appro- priate, common driveways, parking areas, walks and steps shall be provided, maintained and lighted for night use. 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. Pedestrian Access. Adequate sidewalks shall be provided for complete pedestrian circulations throughout the entire planned unit developments. (6) Building Spacing. Minimum distance between buildings shall be 10' except for common wall construction. (5) (f) Subdivision Design Standards. The uniqueness of each pro- posal for a planned unit development requires that certain standard require- ments be modified to permit the flexibility necessary to accomplish the desired development. In the event of conflict, therefore, between the pro- visions of this Article and the provisions of any other code or ordinance of the City, the provisions of this article shall prevail, except as to a pro- vision of the City Building Code. (g) 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 must 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 re- quired for such maintenance; (4) adequate insurance protection; and (5) re- covery for loss sustained by casualty or by condemnation. For planned unit developments the Federal Housing Administration's 'Suggested Legal Documents for Planned Unit Developments' may be used as a model for the establishment, continuance and operation of a Homes Associa- tion ,to meet the above stated requirements. If different forms are used, each such form must xeceive approval by the City Attorney prior to Commis- sion 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 1"=S0' illustrating the existing zoning and land use of the 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. - 12 - 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, town- house and apartment, etc., and such surrounding area. (b) Platting - The property proposed for PUD -1 shall be platted as required by the then applicable subdivision regulations of the City or the provisions of this article, if there be irreconcilable conflict. The plan"of development must be approved prior to or at the same time as the plat. In the event that the property is properly platted prior to prepara- tion 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 a proposed plan of development accompanied by processing fees, under the following table, shall be submitted to the Director of Planning. TABLE OF PROCESSING FEES Up to 5 acres 5 - ID acres 11 - 20 acres Over 20 acres $ 100.00 300.00 650.00 1,000.00 The processing fees shall be in addition to any other fees that may have been incurred for zoning, platting, etc. The plan of development shall in- clude 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 match- ing designation of the total number of units and/or habitable improvements to be placed within each de- lineated area or space. - 13 - (2) Locations, amounts and types of non-residential uses within the arca 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, doc- umentation shall be attached as specified in Section 28-4(b) of this Article. (3) (a) The size, location, and connections of all vehi- cular and pedestrian access points to the PUD. (b) The number, dimensions overall, and location of all parking spaces. (c) The pattern, estimated traffic volumes, average and seasonal vehicular and pedestrian, width, and type of paving proposed for all vehicular movement areas. (d) The pattern, width and construc- tion type of paving for all sidewalks and other pedes- trian 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 form, as determined within the guidelines of this Ordi- nance and the City Zoning and Platting Ordinance by the Director of Planning as to 1. hrereof 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 Sec- tion 28-4(g) of this Article. Included as part of these documents shall be proof of the financial responsibility of the established entity to main- tain the common area as required in Section 28-4 (g) 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 es part of the plan of development. (d) Review - It is recommended that the proposed Plan. of Develop- mgnt be reviewed informally with the Director of Planning prior to prepara- tion 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 - 14 - 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 recom- mended approval, disapproval and/or comments of or about the plan, stat- ing 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 recommendation and the comments received from other City departments and/or other agencies to the Planning Commission for consideration. 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. If approved, the plan with amendments, if any, shall be stamped, 'Approved Planned Unit Development' and be signed by the Chair- man of the Planning Commission. The Commission shall finally act on such plan and application within twenty-one (21) days after submission and close (adjournment) of public hearing thereon. (f) Recording of the Approved Plan - Following approval by the City Council, one copy of the approved plan shall be submitted to the Build- ing Inspection Division of Public Works Department for use in issuing build- ing permits. In addition other copies of the approved plan shall be sup- plied as directed by the City Manager to other departments and agencies. (g) Change in the Plan - After favorable action by the Planning Commission 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' - 15 - per approved plan, may be approved by the Director of Planning. Alterations exceeding said three (3) per cent shall be re -submitted for review by the Planning Commission following the same procedure required in the original adoption of the plan. The Director of Planning shall interpret what con- stitutes a substantial alteration in the plan. (h) Time Limit - The construction of the planned unit develop- ment shall be started within one (1).7ear or 365 consecutive days of the effective date of approval of the plan by the Commission. The Planning Commission inay, no sooner than 60 days prior to the end of the. time period, upon request of the developer, extend the time one (1) additional year if, in the judgment of the Commission, additional time is warranted. In any event, construction must be started within two (2) years of the effective date of approval. Failure to begin the development within the one-year period or the period as extended shall automatically void the plan of de- velopment by operation of law and no building permit shall then be issued until the plan or an amended plan has been resubmitted and properly ap- proved by the Commission. It shall be the 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 expiry of the plan approval. - 16 - PUD - 2 Section 28-6. Minimum Requirements. (a) Size. The size of a PUD -2 will be determined by the City Council at the time of delineation of the area. (b) Permitted Uses. A PUD -2 may include any mixture of com- patible uses under the terms and conditions of this Ordinance. Compati- bility of use as determined by the City Council shall establish a pre- sumption of such compatibility. (c) Densis. Density shall be regulated in terms of inten- sity of uses expressed by floor area ratios. The relationship between uses, and the overall floor area ratio allowable shall be determined by character considerations and the capacity of the surrounding environment to absorb the intensity in terms of load on the transportation system, and other public facilities. The City Council reserves the right to im- pose density limitations on particular geographical areas of the city, but in all cases 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 development as established in Section 28-4(d) of this Article. Depending on the intensity and uses proposed for a PUD -2 development and its relationship to the surrounding arca, the City Council may require greater building setbacks for any peripheral yard, and screen walls, hedges, shrubs and trees as deemed necessary and appropri- ate for preservation of the character of the sur- rounding arca. - 17 - • (e) Open Space, Livability Space, Recreation Space. Ratios of the types established by the Land Use Intensity rating (LUI) hereinbefore stated, for residential areas shall represent the norm and significant deviation, as determined by the City Council, from these ratios shall be documented to justify the acceptability of the proposal, subject to the wisdom of the City Council. (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(e), (f), and (g) of this Article. The City Council may, however, alter the requirements if the applicant - developer offers substantial evidence of material frustration of the plan of development otherwise made and submitted in accordance with this Ordi- nance. In no case, however, shall the requirements for common area control be altered or waived. The City Council 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 Clty 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) Zoning. The zoning classification required for a PUD -2 de- velopment shall be the zoning district permitting the predominant use as proposed in the PUD -2 plan of development unless the City Council deter- mines that the conditions to warrant overlay and rezoning for a PUD -2 - 18 - • District exist, as described in,Section 28-2. Applicability and Limitation. The predominant use shall be determined on the basis of floor area. Proper zoning, obtained as specified in Section 28-5(a) of this Article, shall be a pre -requisite to tentative approval. (c) Application for Tentative Approval. All provisions relative to administrative processing of a PUD -1 plan of developments apply. (d) Public Hearing.. The City Council shall, after hearing, (1) grant tentative approval of the plan as submitted, (2) grant tentative approval subject to specified conditions not included in the plan as sub- mitted, or (3) deny tentative approval of the plan. (e) Application for Final Approval. Application for final ap- proval may be made concurrently with tentative approval or within one year thereafter. The application shall be submitted to the Director of Planning, accompanied by processing fee as applicable from the Table of Processing Fees provided for PUD -1 plans. The provisions of Article 28-5 hereof, ex- cept as irreconcilably conflictive with this Article 28-7, shall govern PUD -2 plan processing, administration, and review. The final plan of development shall include any changes, altera- tions, additions or deletions requested by the City Council in its grant of tentative approval. Upon receipt of the application for final approval the PUD -2 shall be reviewed, approved or disapproved and recorded, also as specified in Section 28-5(d) through (h) of this Article." SECTION 4. Except as expressly or by necessary implication re- pealed or amended by the terms of this ordinance, all other provisions of - 19 - the City of Corpus Christi Zoning Ordinance, 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. Changes and corrections, however, granted by the Director of Planning need not be officially mapped. SECTION 6. Any person, firm or corporation violating the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined a minimum fine of $50.00 per offense for immediate collection, unless State law expressly requires otherwise. SECTION 7. Publication shall be made one time 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 8. This ordinance shall become effective on , 1972, SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutionally 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 in- tent of this City Council what every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its pur- pose. - 20 - • • THAT THE FOREGOING ORDINA CP7� WAS READ 05R HE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE / _DAY OF �- i9 7;L BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE SE •ND TIME AND PASSED TO ITS THIRD READING ON THIS THE DAY OF , 19 , BY THE FOLLOWING VOTE: RONNIE' SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF , 19 , BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS THE ATTEST: CITY SECRETARY APPROVED: DAY OF , 19 CITY ATTORNEY DAY OF , 19 • MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 4110' -# -o.- k,.. CM :18. "PM)" PI A=:1) MAY h.--.VH_OPMNY :;ccliou 28-1 Procedure, It is the intent of this article to encourage unified •design of housing,.commercal, industrial, or institutional areas and facilities, or combinations thereof, to provide for related developments having harmony of design and variety of function, and to provide for a greater flexibility in the design of build- ings, yards, cburts, and circulation, than would otherwise be pos- sible through the strict application of standard regulations. is further the intent of this article to provide for: (a) A maximum choice in the types of • environment and living units avail- able to the public. • (b) An integration of open space and recreation areas with residential development. (c) A pattern of development which preserves trees, outstanding natural topography, and geologic features; (d) A creative approach to theuse of )and and related physical developmpnt. An efficient use of land resulting in smaller networks of utilities and streets and thereby.lower housing and maintenance costs. ,%•-:, An environment of stable character in harmony with surrounding development. • - (e) • (f) Exh)bil e• 4111 (g) The development'of vaeant'property within the pre:.ently developed urban area. 00 The re -development of property where desirable by providing flexibility in re -design. 0 The planned unit development concept is a recognition that at times greater quality of development can be achieved by permitting modification of established zoning and subdivision regulationsand 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. In keeping with the spirit of the planned unit develop- ment concept and to accomplish the above stated objectives this • article will provide for two types of planned unit developments PUD 1 and PUD 2. . It is intended that. PUD -1 conform as closely as possible 10 established zoning and subdivision regulations while still. -permitting maximum flexibility of design to make planned unit development as desirable as possible for all normal development situations. PUD -2 is envisioned as a tool under which zoning and sub- .. division regulations would bo subject to modification as necessary to solve specific land development problems and to implement special development concepts. • (`') D',\R'1°P,,c,nt Plip-), or PUD -1-2 will ho pemitt-4. in any'oning di!;tYict for use for single- kamily dwellings, two-family dwellings, Of multiple dwellings of all types (see Article 3, Definitions) and the usw31accessory uses such as parking facilities, storage space, and vari- ous community activities, including recreational centers: churches and schools. (b) Utilization of PUD -1 is at thn option of the developer. • • • (c) Utilisation of PUD -2 will require delineation of a PUD -2 area bythe City Council. Section 2S-3. Definilions. :• (a) "Common Area" shall mean a parcel or parcels of land, or an area of water, or a combination o'rf land and water, and/or developed facilities• • including but not limited to areasfor vehicular and pedestrian access and recreational facili- ties Within_the site deSighated 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 hcnel,i.L and enioyMent of t.h'e occupants of the planned unit development. (b) "Floor Arca" shall mean all indoor area except garages, heating and/or cooling plants, and common use facilities. (c) "Land Use intensity (LUI)'shall. mean the over- all structural. - mass and open space•relationabi.p an a developed property. It correlates the amount of floor area, open space, 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 legal or beneficial owner or owners of all of the land proposed to . be included in a planned unit development. 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.enforce- able proprietary interest in such land, shall be deemed to be a land owner for the purpose of this article. -4- • 4111 ((?) "Ljvahility va:c." shall mean all Outdoor spar. ..olher than roads, drives or parking and shall 'include an area deVOted tO recreation. (f) " Open Space" shall mean all uncovered outdoor area including streets, parking, 10v1Y;, patios, - and recreation areas as well as usable roofs and uncovered balconies. One half of the are;) . 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 other- wise unusable for building may be included as (..lpen 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 planof • development shall specifically include such infor- mation as required by .Section 28-5 (c) of this. article. .• (h) "Planned Unit -Development" shall mean an area of land, controlled by a land owner, to be developed s a single entity, the plan for which does not correspond diectly to the regulations in any one zoning district established by other articles of the zoning ordinance. A planned unit development • may include, lint: due:; not rcyui.rc, 3ndi.v:i.dual otcrnerahip of units,'str:ucture_;, or property. Common areas, however, which relate to and ,ez:ve the individual occupants, are an essen- tial and major clement or such developments. (i) "FUD -1" !;.1; 311 mean a Planned Unit Development which conforms generally to the use regulations, overall density, and character of development as defined by standard zoning districts but which allows a greater:degr.ee of flexibility :in layout -and -design than would be possible under the standard zoning and subdivision re- quirements. (j) "PUD -2" small mean a Planned Unit Development Which because of special development consider.a- - tions, or particular planning applications, will have the flexibility necessary to permit Major nodification of regulations defined by standard zoning or subdivision practice. (k) "Recreation Space" shall mean that portion of the • 'livability space developed specifically for active or passive recreation and may include quiet sitting areas, formal and informal sports fields, tot lots, court games, and outdoor pools. -6- • Any Foced 1.-tnetur.o which is ((!J1 t.11) a 1111 Common open 111:1)' 3.0be indoor -outdoor pools, gazebos, and pavilions. • Section P8-,1. Hin*Iimm PQ(I,i):(,montS,- (a) Size. A Planned Unit Development district • may be authorized on site; of •,5 acres or more to accomodate various types of developments and combinations of the development -authorized under PUD units. PUD applications and documentation shall be required to prove financial capability ' for maintenance of the 'common area. (b) 'Permitted Uses.. A Planned Unit Development district ma,' bo approved for single-family dwellings, two-family dwellings or multiple dwellings of all types (see Aricle 3, Defini- tions) and 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 dis- tricts provided however, that the uses per- mitted in each zone are limited to the boundaries of that zone. -7- :In add 1 i.c;n a 11.3D-1. dcvelopcd as residential wayIlk idc perr.onn1 ser.v.ic'er and • retail. uses intended to ooj:vu the residents of the development only. liowcver, doenmen-Cation shall be required to prove that the types and amounts of these addit:i_ona]. Uses con be supported within the development. (0) Density. For nll resi.dent\ 1 Planned Unit Develop- ments this ordinance will utilize the Federal ].lousing Administration's Land Use Intensity Matings, to be referred to hereafter as (LUI), to establish maximum allowable areas. The ratings used are based on typical unit sizes and the existing densities for the various districts as required in other_ sections of the zoning ordi- nance. The -ratings and corresponding floor area • ratios are as follows: District LUI FLOOR AREA RATIO R• -1A ] R-3.13 ] K-?_ ] To be set in accordance with FHA Guidelines A-1 ] A-2 The density of all.non-residential Planned Unit Develop- ments shall be governed by the height, peripheral yard requirements,' • and site -development creteria. e. . [; veri oheral yard ve(u'iremots, All ::t:a:uc;l.ures s)all not exceed a • maximum height of 3 stories or 35'. However, any portion of a building may be erected to exceed the height limit specified provided that such portion is set back Brom the required side and rear yards one foot for each two feet of height in excess of the 3 stories or 35'. Yards zbuttinc street, All structures adjacent to a public street shall be a minimum of 25' from .the nearest right-of-way line of said street ex- cept where a greater setback is required by the .subdivision regulations for major thoroughfares. 3. Yards abutting existing developments. A11 struc tures adjacent to the property line of an existing - -residential development, alley or easement, shall Piave the s:..me yard requirements as for the adjacent ':yard in the', existing development. Yards abutting vacant property. All structures adjacent to the property line of a vacant area, • shall be e minimum of 5' from the property line. (e) Interior Site Requirements. k. Residential Developments - Open Snace, i.ivability Space, Recreation Space. For all residential • 1110 devolopmonis flu ()ll roLings et•tobli:;hed in • Section 1 (c).!;1011 1): 1.1!_wd to deterwine th.. open spoce, livability space and recreation spoee ratios. Those rotios are as follows: R:1. -A R1-13 R-2 A-1 t-2 • OPEN SPACE LIVABILITY SPACE RECREAT3ON RATIO RATIO SPACE RATIO 'Fo be set 01 accordance with FHA Guidelines 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 no minimum area requirement for lots, and lot boundaries may coincide with structure boundaries if desired. If individual lots are provided there shall be no'requirement that tbe lot front a public street. 3. Vehicular access and internal circulation. Curb cuts shall be limited to the minimum necessary to provide adequate ingress and egress to the planned • . unit development. Curbuts shall be located so as • .to provide a minimum of conflict between the planned unit development traffic and the traffic on the adjacent streets.' Internal vehicular circulation may be on private streets owned and maintained by the corporation, association, or other legal entity as established in Sec. 28-4 (g). -10- • • illof ,..„.,....: :„.,:,.6,.,,, . nt,,,..„....,(!):, t„,.., ,,..,.,.,„„ ,-.:0„„,,_,„ nary recommend and the Cj.ty Coonc:i.1 1 edudi: - eoljon of R.O,W. ond or construet:i.on of poving for o phblic street or Streets through or int() the planned unit development as the Planning • Commision and City Council deems necessary. N The width and location of the streets shall be sufficient to provide adequate capacity for the anticipated traffic volumes and to provide suitable access to emergency vehicles. Parkino Reouirebents. There shall be a minimum of of two paved parking spaces for every -dwelling unit in all residential developments. For all non- residential developments the minimum parking requirements will be os specified in Section 22-1 of the zoning ordinance. Parking in both resi- dential and non-residential areas shall be con- Nenient to all dwelling units or other uses and. where appropriate, common,driveways, parking areas, walks and steps shall be provided, maintained and lighted for night use. Screening of parkino and service areas may be required through ample use of trees, shrubs, hedges and screening walls. --11- 4110 Pedesiviim Access. Sidwolks of widthsha)1 be proVidud for complete pedestrian circulations throughout the entire planned unit developments. G. 1;uildino 1C) 0(1. Minimum distance between buildings shallbe 10, except for -common wall construction. (f) Subdivision Desion Standails. The uniqueness of each proposalfor a planned unit development requires that certain standard requirements be modified to permit the flexibility -necessary to accomplish the desired development. In the event of conflict therefore, between the provisions of .this article and the provisions of any other code or ordinance of the City, the provisions of this article shall • prevail. (g) Common Area Control. All common area shall be conveyed by conveying title (including beneficial •›wnership) to a,corporation, association or other legal entity. The terms of such instrument of conveyance must include provisions, suitable to . the Planning Commission and City Council for .guaranteeing (1) the continued use of such land for the intended purposes; (2) continuity of prop- erty maintenancefor those portions of the common ..area requiring maintenance; (3) when appropriate, -12- 'Ulu avai.l.abi t.i.l y- of funds re(;ui red for suchIII rua nten;icc; (4). adcqu,ate insurance protection; !incl (':) recoveuy for :loss sustained by cr.astia1ty, condemnation. For planned unit developments the federal. Housing /1dInin].strations' "Suggestc.0 Lega1 Documents for Planned Unit Developments" shall be used as a model for the establishment, continuance and operation of a l'Iomes Association to meet the above stated requirements. Section 2S•.5. Procedure. (a) Zoning - Two copies.. of a zoning diagram at a scale of 1"=200' illustrating the existing zoning and land use of the subject property and the existing zoning and land use of all property adjacent 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 diagram shall also include a gener.al.location of the subject property in relation to the surrounding general arca and a statement of the proposed use of the property, i.e. single family, townhouse and apartment, etc. -13- • (L)) Ti14! ())):!I- y P111).-.1, t;hail. IJe platted as required hy the most current Subdiv. regnlat3on5 OY 910 pKOVilijOill; or this article. As plotting reqniements 151.11 in some cases bo dictated by t.he proposed plan ofdevelopment, thu plan of development must be approved prior to or at the soma time as the plat. In the event that the prop- erty is properly platted prior to preparation of a plan of development, replatting may be required to insure the compatibility or the plat with the plan. Plan of develonment To utilize the provisions of this article 9 copies of a proposed plan of dvelop- men t accompanied by a $ 150 processing fee shall be submitted to the Director of Planning. The $ 150 processing ree•shall be in addition to any other fees that may have been incurred for zoning, platting, etc. The plan of development shall incluce the following drawing:or drawings prepared at a scale of 1"=2001: 1. A demensioned layout:of any buildings, open space, recreational area and other elements basic to the proposed use including the amounts of the proposed uses in square feet or zeros, plus the. :(c) total number of units. • .. •... • . --._-... -- • - - • 110 )1;lotint.5 andAypos of non-re!;idc . 1 'uses v,1113.0 the 41):(-2 pLopw;c(l to 1.)3 devulop(!d. In the event that: these non-residential uses are of the type intended to seEve .only the resiq.nts of the PUP documentation shal1 be attached as specified in Section 25-4 (0) of this article. 3. -The sc and location ?C al1. vehicular access points to the PUD. The number.and location of all parking spaces. The pattern, width, and type of paving proposed for allvehicular Movement areas. The pattern,width and type of paving for all sidewalks and other pedestrian movement areas. - A11 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 form: . 1. Elevation drawings and/or perspective sketches • which demonstrate visually the general features of. the proposed plan. 2. The required legal documents as specified in- . Section 28-4 (g) of this article. Included as part • of these documentsshall be proof of the financial capability of the established entity to maintain thc. common area as required in Section 28...4 (a) of this article. • • • (d) 3. ln the event that the PUO is lo be deve3op. stages a staging plan with estimated times of development is to be included as part of the plan of development., Review. It is recommended that the proposed Plan of Development be reviewed informally with the Director of Planning prior to preparation and submission of the required 9 copies. In any event, howeverthe Director of Planning shall upon receipt of the 9 copies Of the proposed plan -of development distribute one or more of the copies to various city departments and/or other • agencies es •the Director deems necessary. -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 Director of Planning their recommended approval, disapproval and/or comments of or about the plan. (e) Approval - No later than 45 days after submissibn of the Plan of Development the Director of Planning, .• shall submit the plan with his recommendation and the comments received from other city departments and/or other agencies to the Planning Commission for consideration. The City Plan1) CoCimisson, after receipt. or „611 appyove the plan submitted,-amond and approve the plan as amended, or .disapprove the plan. )f approved, the plan with amendments, ir any, sha1l. be stamped, "Approved Planned Unit Develop- ment" and be signed by the Chairman of the Planning • Commission; (f) Recodingof the itrproved_Plan - Following approval by the City Council, 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 may be requested as necessary • for other departments and agencies. (g) Change in the Plan - After favorable action by • the Planning Commission minor alterations to the -• • plan that do not affect platting, the general character, or overall design of the plan nay be approved by the Director of Planning. Substantial alterations sflall be resubmitted for review by the Planning Commission following the same procedure required in the original adoption of the plan. The Director of Planning shall interpret what cons- . titutes a substantial alteration in the plan. . • -17- 1 . , (h) Time - The eon:;tuction of the planned t develoment shall be started within one year of the cffective date of approval of the plan by the Commission. The Planning Commission may, no sooner. than 60 days prior to tile end of the time period, upon request of the developer, extend the time one additional year if in the judgment of:the Commission additional time is warranted. In any event cons- truction must be started within two years of the effective date of approval. Failure to begin the development within the one year period or the period as e>:tendedshallautomaticall.void the plan of development and no building permit shall. be issued until the plan or an amended plan has been re -submitted and properly approved by the Commission. 'PUD -2 Section 28-6 Minimum Requirements. - (a) Size. The size of a .PUD -2 will be determined by the City Council at the time of. delineation of the area. (b) Permitted Uses. A PUD -2 may include any mixture of compatible uses. Compatibility of use will be determined by the City Council. . 718- • .* • , (c) p,:,_,yjity.., n,,r4ty ,1,,a). 1,,,, in terms of intons 1111 of usqs expressed by floor arca ratios. The rela- tionship between uses, and the overail floor ilre; x73ti0 allowable shall be determined ,by character consideratlons and the capacity of the surrounding environment to absorb the intensity in terms of load on the.transpor-tation syi.,;tem, the school system and other publiefacilities. The City Council shall reserve the right to impose density limitations on particular geo-jraphical areaS of the city, but in all cases -61e burden of proof shall be on the developer to show that existing or proposed facili- ties can handle the requested intensity. (d) Height and peripheral yard requirements. 1. Height. There are no general height requirements, • however, the City Council may set height limitations as it deems necessary. Periphera? yard requirements. In all cases the peripheral yard requirements shall be at least as restrictive as the requirements of a PUD -1 develop- ment as established in Section 28-4 (d) of this • article. Depending on the intensity and uses pro- posed for a PUD-2'development and its relationship , • to the surrounding area, the City Council may -19- :require greater buildin 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) gpon space, livability spneeL recreatintl spacer There are no specific requirements .for open space, livability space or recreation space for residential developments. It shall be understood, however, that ratios of the type established by the Land UseIntensity rating (LOT.) for residential areas shall represent the norm and that significant devi- ation from these ratios shall be documented to justify the acceptability of the proposal. (f) Other minimum renuirements. All other minimurn re- • qui_rements for a PUD-2development shall be the same as those requirements established for FUD -1 develop- ment in Section. 28-4 (e), (f) and (9) of this article. TheCity Council may however, alter the requirements to fit a specific need provided any • alteration which is less restrictive than that required in Section 28-4 of this article be in general compliance with the spirit of this article Ln nocase shall the requirements for common area control be altered or waived. • • . • • ' • ' ..• likee.(• ion ProPedn1 1 Pr 0 10 1;111,111:LLS 3.011 Of: Pfe-flp).11,:;!t-inn COnreiOnC.O. • a formal. application for a POD -2, the developer shall confer with the Director of planning concern- ing i.)oposal. (b) Zoning. The zoning classification required for a PUD -2 development shall be the zoning district permitting the predominant use as proposed in the • 1'UD-2 plan of development, The predominant use shall be ,determined onthe basis of floor area. Proper zoning, obtained as specified in Section 28-5 (a) of this article, shall be alre-requisite to tentative approval. I_Tplieation for tentative approval. To obtain ten - approval of a PUD -2 development 9 copies of a pro- posed plan of development accompanied by a $ 150 (0) processing fee shall be submitted to the Director of Planning. The $750 processing fee shall be in addition to any other fees that may have been 5..ncurred for zoning. The plan of development shall include the following drawing or drawings prepared at a scale of-1"=200with contours at intervals of 10feet or less: • .1. A dim.:;is ional -,1.yout or any buildin(,1s, Open space,. 3:ccYeotioill area and other elements basic to the proposed use inclUding the amounts of the proposed uses in square feet or.acres. 2. Locations, amounts and typeS- of non-residential uses within the area proposed to be developed. (d) 3. The size and location of all vehicular access points to the development. The number and location of all parking spaces, 'The patter, width, and type of paving proposed for all vehicular movement areas. The pattern, width and type of paving fOr all side- walks and other pedestrian movement zreas. All . proposed screening and/or lighting of parking and other area shall also be illustrated. 4. Elevation drawings and/or perspective sketches drawn to a suitable scale, which demonstrate visually the general features of the proposed plan shall also be provided. Public Nearing. The City Council shall, after hearing, (1) rant tentative approval of the plan as submitted, (2) grant tentative approval subject to specified conditions not included in the plan as submitted, or (3) deny tentative approval of the plan: (e) fuY I. 1):11 appyoval. Applic;11j or final apploval may 1.)e made coneurren'tly with tentative approval or within ono year thereafte.Y. The application shall be .submitted to, flie. Director of Plannirg, accompanicrd by a processing Ice of 150 which shall be in addition to the fee - of ?; 150 which shall be in addition to the fees for zoning, tentative approval and platting,.and shnll include 9 copies of a plan of development which provides the Information required in (c) above and. in addition: • I. The required legal documents as specified in Section 28-4 (q) of this article. Included as part of these documents shall be proof of the financial capability of the established entity to maintain the common.area as required in Section 28-4 (a)of • this article. 2.. :tn the event that the PUD is to be developed in stapes a stging plan with estimated times of development is to' be included as part of the plan 'of development. 3. The property proposed for PUD -2 shall be, platted as required by the mbst current subdivision . . • -23- • regulation!: As p)otting dictated by or the provisiowi of this ortclo. re(juir(ments will in some eases be the p):opoccl plan of development, the pion or oovolopmont must be approved prior to or at the some time as tbo plat.. In the event that the property is properly platted prior to preparation of a plan _of development, replatting may be re- quired to insure the compatibility of the plat with the plan. The final•plan of development shall include any changes, alterations, additions or deletions requested by the City Council in its grant of tentative approval. Except for thesemodifications, the final plan of development shall not deviate substantially from the plan as tentatively approved. What constitutes substantial deviation shall be determined by the Director of Planning. Upon receipt of the application for'final approval the FUD -2 shall be reviewed, approved or disapproved and recorded as .specified in Section 22-5 (d) through (h) of this article. - . • 4. Tine Limit - The construction of the planned unit development shall be started within one year of the effective date of approval of the plan by the Commission. The Planning Commission may, no sooner than 60 days prior to the end of the time period,-upan request of the - - developer extend.the time one additional year if in the judgment of The Commission additional time: is warranted. • Texas, • In any event, eimislruction must be starte0 within years of the effective date of approval, Fail- ure to begin the development within the one year period or We period as extended shall automatically void the plan of development and no building permit shall be issued until the plan or an amended plan has been re -submitted and properly approved by the Commission. S. Subdivision_Desien Standards The uniqueness of each proposal for D planned unit development requires that certain standard requirements be modified to permit the flexibility necessary to accomplish trim desired development. In the event of conflict 'therefore, between the provisions of this article, and the provisions of any other code or ordinance of the City, the provisions. of this article sla1J prevail. ISSUED UNDER MY HAND AND SEAL' of the City of Corpus Christi, this 24th slay of May, 1972. T. RAY KRING, City Secretary City of Corpus Christi, Texas