(A)

Statement of intent—Each of the zoning districts set forth and permitted in the Land Use Chart shall have a separate and distinct counterpart known and herein referred to as a "planned district". A "planned district" shall be for the purpose of permitting and regulating the uses permitted in the "equivalent district" and further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, variations in yards, open spaces, etc., which are subsequent to approval by local officials. The result is to allow development of tracts of land to their fullest extent and at the same time observe the general intent and spirit of these regulations. The purpose of this district is to also provide for and encourage the appropriate grouping of buildings to reduce vehicle trips, maximize open space, and for the beautification of the district. In general, (1) the height and bulk of buildings, (2) the amount of open space, (3) the concentration of people and traffic, and (4) the parking and loading requirements shall be equal to those in the corresponding district. The uses permitted shall be the same as in the "equivalent district".

Variations and departures from normal requirements may, however, be permitted. Each building face need not face a public street and more than one main building may be located on a lot. Buildings may be constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent permanent open space is provided. Buildings may be grouped in clusters or around courts and may be served by private drives in lieu of public streets. Buildings may be located closer to lot lines than otherwise permitted provided such buildings are architecturally suitable for such a relationship to adjoining buildings or property. The Planned Unit Development Districts shall be as follows:

(Ord. 2014-23, § I, passed 4-23-2014)

(A)

A tract of land may be zoned to a Planned Unit Development by the City as provided in Section 15-6-4, or upon application by the owner or his/her agent with approval of a Conceptual Development Plan for the tract. A City-initiated Planned Unit Development zone need not be accompanied by a Conceptual Development Plan. The applicants, other than the City, for a Planned Unit Development zone change, or a developer intending to build on a tract of land zoned as a Planned Unit Development shall prepare and submit to the Planning and Zoning Commission a Conceptual Development Plan containing the following elements:

(1)

The boundaries of the tract to be zoned and the area adjacent for a distance of not less than 500 feet.

(2)

The existing and proposed topography. Contours shall not exceed ten foot intervals and shall be on a plan at a scale of one inch equals 100 feet or larger. The proposed topography shall be clearly delineated on the plan.

(3)

The proposed location and arrangements of buildings, structures, lots, parking areas, open space, recreational space, existing and proposed streets, drives and other public ways, public property, drainage, landscaping and other features of the proposed development.

(4)

Sufficient approximate dimensions to indicate the relationship between buildings, streets, drives and property lines.

(5)

A draft of conditions, covenants and restrictions (CC&R's), easements, associations, and maintenance agreements as well as specifications for ingress/egress to the property and any other legal requirements which will run with the property.

(6)

Preliminary elevation and plan drawings of proposed buildings which sufficiently depict the architectural theme of the development.

(7)

Preliminary sign program for nonresidential developments identifying common materials, sizes, heights and locations to be used on signs within the development. The materials used shall be consistent with the architectural theme of the buildings.

(8)

Other design elements and/or development standards consistent with current trends and regulations as determined by the Director of Planning and Development Services.

(Ord. 2014-23, § I, passed 4-23-2014)

(A)

No permit shall be issued for construction in a Planned Unit Development area unless there has been a site plan approved by the City Commission and a subdivision plat thereof recorded in the county plat records. Three (3) 24 × 36 and fifteen (15) 11 × 17 prints of the site plan shall be submitted for review by the Director of Planning and Development Services.

(B)

The requirement for a new site plan may be waived when:

(1)

The site has been platted for record after receiving the zoning classification which will be utilized for Planned Unit Development; and

(2)

The proposed development is in full compliance with all other Planned Unit Development requirements.

(Ord. 2014-23, § I, passed 4-23-2014)

(A)

The City Planning and Zoning Commission shall hold a public hearing on the Conceptual Development Plan and after such public hearing, the Commission shall either approve, approve with conditions, or disapprove the Conceptual Development Plan. At such time as the Conceptual Development Plan is approved, approved with conditions or disapproved by the City Planning and Zoning Commission, the same plan shall be duly endorsed and forwarded to the City Commission for final action. The procedures for noticing and holding a public hearing for a Conceptual Development Plan shall be the same as specified in Section 15-6-4 of this code. The Conceptual Development Plan is in addition to, not in substitution of, the required statutory rezoning process.

(B)

In reviewing Conceptual Development Plans for a Planned Unit Development district, the City Planning and Zoning Commission shall consider the following:

(1)

Topography; to ensure the site is suitable for development, and buildings are located and arranged in appropriate areas.

(2)

Parking; to ensure the proposed development contains an adequate amount of parking and is located in an appropriate area. Generally, the parking should conform to the required number of parking appropriate to the development type as contained in Section 15-6-106 and 15-6-107. The City Planning and Zoning Commission may allow a deviation from these parking requirements should the applicant show an adequate amount of parking exists.

(3)

Setbacks; to ensure buildings provide for adequate light, air, and privacy protection by providing appropriate proportion between buildings, and adequate separation between buildings and adjoining properties.

(4)

Architecture; to ensure the architectural theme is compatible and consistent throughout the project and is reasonably compatible with surrounding developments.

(5)

Landscaping; to ensure the development provides adequate landscaping to provide a pleasant environment, to enhance the building's appearance and to ensure existing significant trees are adequately protected.

(6)

Site plan; to ensure the location and arrangement of buildings, signs and other structures are appropriate for the site, existing and proposed streets, drives and public ways are arranged appropriately and to ensure site drainage has been adequately addressed.

(7)

Any other feature or issue associated with the state zoning and planning enabling legislation or the comprehensive/master plan for the City of Kingsville for which the City Planning and Zoning Commission feels is appropriate and relevant to the development of the site to ensure appropriate and attractive development of the proposed site.

(C)

Prior to approving a Conceptual Development Plan for the purposes of this section, the City Commission shall make the following findings:

(1)

that the Planning and Zoning Commission and the City Commission have reviewed the Conceptual Development Plan with consideration of the issues contained in Subsection (B) of this section; and

(2)

that the Conceptual Development Plan is in conformance with the Master Plan and other plans adopted by the city and/or appropriate sections of the Code of Ordinances; and

(3)

that the Conceptual Development Plan provides for an organized and unified system of land use intensities which are compatible with the surrounding areas; and

(4)

that the proposed development adequately protects the health, safety and general welfare of future and existing residents and property owners in and around the development.

(D)

Upon final approval of the Conceptual Development Plan and the zoning (or rezoning) of the tract by the City Commission, as required by law, building permits may be issued. Conformance with the approved Conceptual Development Plan and all supporting documentation is mandatory. Substantial deviation from the Plan shall require resubmittal to the City Planning and Zoning Commission and City Commission in the same manner as the original zoning procedure.

(Ord. 2014-23, § I, passed 4-23-2014)

Cross reference— Penalty, see § 15-6-999.

(A)

In order to fully implement flexible zoning techniques such as Planned Unit Development and cluster zoning, applicants shall be required to submit applications for subdivision review simultaneously with applications for zoning approval. Depending upon the size and location of the proposed development, such applications shall conform to either the administrative or major subdivision application requirements of the subdivision regulations (Section 15-3-1 through 15-3-109).

(B)

Where the zoning ordinance authorizes Planned Unit Developments, which:

(1)

permits the use of land and density of structures to differ from that allowed as of right, and;

(2)

involves the subdivision of land, whether residential or non-residential;

such development shall obtain subdivision approval by the City Planning and Zoning Commission and City Commission in addition to all other procedures and approvals required by the zoning ordinance. Regardless of whether applicable zoning procedures also require City Planning and Zoning Commission and City Commission approval, review or recommendation.

(C)

Procedure.

(1)

When a Planned Unit Development application is submitted that also involves the subdivision of land, the application shall first be submitted to the Director of Planning and Development Services or his/her designee.

(2)

The application for subdivision approval shall be made in the form of a sketch plat, containing, in addition to all of the requirements of the zoning ordinance, the following information:

a.

Legal description of the property proposed to be subdivided;

b.

Name of the proposed subdivision and shall be clearly labeled "Planned Unit Development Site Plan.";

c.

Date, scale, North arrow;

d.

Property owner's name and address;

e.

Description of all existing covenants, liens and encumbrances;

f.

Name, address and seal or registration number of licensed engineer, architect or surveyor who has prepared the sketch plat;

g.

Location of property lines;

h.

Existing or platted easements, rights-of-way, streets or other public ways;

i.

Masses of trees or individual trees of eight inches or more in diameter, measured four feet above ground level;

j.

Names of adjoining landowners within 200 feet of any perimeter boundary of the proposed subdivision;

k.

Location, sizes, elevations and slopes of existing sewers, water mains, culverts and other underground structures within the boundaries of the proposed subdivision and immediately adjacent thereto;

l.

Existing permanent buildings;

m.

Utility poles and utility rights-of-way on or immediately adjacent to the property proposed to be subdivided;

n.

Approximate topography, at the same scale as required for a preliminary plat;

o.

Approximate location and width of all proposed streets within and abutting the proposed subdivision;

p.

Preliminary proposals for connections with existing water supply and sanitary sewerage systems and preliminary proposals for collecting and discharging surface water drainage;

q.

Approximate location, dimensions and area of all proposed or existing lots;

r.

Approximate location, dimensions and area of all parcels of land proposed to be set aside for park or playground use or other public use;

s.

Vicinity map showing all streets and the general development pattern and land uses of the surrounding area at a scale of 1″ = 100′;

t.

Zoning district boundaries of all property 200 feet of the proposed subdivision;

u.

If the sketch plat covers only a part of the applicant's contiguous holdings, the applicant shall submit, at a scale of no more than 1″ = 200′, a sketch in pen or pencil of the proposed subdivision area, together with its proposed street systems and an indication of the probable future street, drainage and utility system for the remaining portion of the tract.

(3)

The Planning and Development Services Director shall refer the application and sketch plat to the City Planning and Zoning Commission for preliminary review and approval. The City Planning and Zoning Commission shall review all aspects of the application as are required by these regulations and the zoning ordinance.

(4)

The City Planning and Zoning Commission shall forward its recommendation on the application to the City Commission. Action shall first be taken on the zoning application. If the zoning request is granted, the applicant shall prepare a preliminary plat as described in Section 15-3-16 of the subdivision regulations and shall then follow the remaining subdivision procedures described therein, including review by the City Planning and Zoning Commission and the City Commission.

(Ord. 2014-23, § I, passed 4-23-2014)

Cross reference— Penalty, see § 15-6-999.

(A)

Emergency provisions and access shall be provided to each principal building by:

(1)

A street or public alley; or

(2)

A private way, alley or paved place, delineated on an approved subdivision plat conforming to the requirements of Tex. Loc. Gov't Code, §§ 212.001 et seq. Access may also be provided by an emergency access easement approved by the City Planning and Zoning Commission and recorded in the Kleberg County Deed Records, provided that where access is not available by a street, alley, place or recorded easement; and recorded easement access is planned, construction permits may be issued and construction may proceed but certificate of occupancy shall not be issued until the required emergency access easements are approved by the City Planning and Zoning Commission and filed for record in the Kleberg County Deed Records. Emergency access easements shall be not less than 50 feet in width, the boundaries shall be distinctly and permanently marked on the ground and the entrances shall be permanently marked by signs not less than two square feet nor more than four square feet in face area.

(B)

The paved width of any emergency access easement may be reduced to, but not below, 30 feet provided that curbs shall not exceed five inches in height and further provided that there shall be no obstructions which will interfere with the use of the full 50 foot width of the easement by emergency vehicles and their appurtenances. Turnarounds with a radius of 50 feet and paved diameter of at least 60 feet shall be provided on all dead-ends.

(C)

Fire hydrants shall be provided and placed to city specifications.

(Ord. 2014-23, § I, passed 4-23-2014)

Cross reference— Penalty, see § 15-6-999.

Requests for Planned Unit Development status that fail to supply the site plan information required (§ 15-6-56(A)) shall not be scheduled for a hearing.

(Ord. 2014-23, § I, passed 4-23-2014)