(A)

Purpose and Intent. The purpose of each and every Planned Development District is and shall be to:

(1)

Provide flexibility in planning for the development of medium and large tracts of land (and, in appropriate circumstances as set forth herein below, small tracts of land) incorporating one or more types of residential or commercial development and related uses which are planned and developed as a unit;

(2)

Establish a procedure for the development of one or more tracts of land under unified control in order to reduce or eliminate the inflexibility that would otherwise result from strict application of land use standards and procedures which are designed primarily for individual lots;

(3)

Ensure orderly and thorough planning and review procedures that will result in quality design and the creation and improvement of common open space and pedestrian circulation;

(4)

Encourage mixed uses and avoid monotony in large developments by allowing greater freedom and flexibility in selecting the means to provide access, light, open space, and amenities; and

(5)

Provide for flexibility in the strict application of certain land use regulations, development regulations, and design standards as set forth elsewhere in the City of South Padre Island Zoning Ordinance.

(B)

Creation of Planned Development District. The City Council of the City of South Padre Island, after public hearing and proper notice to the public generally (via publication) and to all landowners individually whose property (or any portion thereof) lies within two hundred (200) feet of any portion of the proposed planned development district (via certified mail), may authorize a Planned Development District upon and in accordance with the provisions of the Section 20-23.

(C)

Authorized Land Uses. Land located within any authorized Planned Development District may be used:

(1)

for any residential or commercial use which is permitted in any other district authorized by the City of South Padre Island Zoning Ordinance, and/or

(2)

for any combination of one or more of such authorized uses.

(D)

Minimum District Size.

(1)

General Rule. Except as otherwise authorized by this Section 20-23, no Planned Development District shall be authorized, created or permitted which is less than five (5) acres in gross area. Notwithstanding anything contained in the City of South Padre Island Zoning Ordinance or otherwise to the contrary, the perimeter boundaries of the proposed district (without any deduction whatsoever of or for any areas within the proposed district) shall be used in determining the gross area of any proposed planned development district. No such district may surround, encompass or incorporate any land which is not a part of such district.

(2)

Exception. Notwithstanding the general rule set forth in Section 20-23 (D)(1) above, the City Council may (but are not required to) authorize the creation of a planned development district encompassing one or more discrete parcels of land which are under unified control, but which total less than five (5) acres in gross area, if the Board finds:

(a)

That specific, identifiable circumstances [e.g., geographic or other features which adequately differentiate such parcels(s) from adjoining properties] make application of the purposes of planned development districts to such parcels(s) appropriate;

(b)

That the land uses proposed to be incorporated within such sub-sized district are not incompatible with the existing land uses surrounding such proposed district; and

(c)

That the creation of such sub-sized districts will not result in an instance of "spot zoning."

All other requirements and provisions of this Section 20-23(D)(2) to the contrary, no special development district shall be authorized, created or permitted which does not include all of the land located within any block within which any part of the proposed district exists.

(E)

Requirements; Procedures. Any person or entity who desires to develop property located within the jurisdiction of this ordinance and who desires to have such property approved as a PDD (the "applicant" shall comply with the following:

(1)

The applicant shall first submit to the Planning and Zoning Commission of the City of South Padre Island (the "Commission") a written request for the approval of such property as a PDD, on such form as may be prescribed for such purpose by the City's Director of Public Works. Such application shall be accompanied by a full legal description of the property together with a title report, power of attorney, or other satisfactory evidence confirming that the property proposed for inclusion in the PDD is under the unified control of the applicant.

(2)

Prior to any consideration of such application by the Commission, the applicant shall first submit to the Commission a comprehensive site plan of the proposed development (provided, however, that an applicant may submit a "concept plan" containing less than the full information required hereunder, as a means for obtaining Commission reaction and input to the applicant's project). Such site plan shall show building footprints, locations uses, height limitation, public or private streets, drives or other means of ingress and egress, sidewalks, utilities, on-site drainage, parking spaces, lot coverage, yards and open spaces, common areas, landscaping, screening walls and/or fences, and any other development and protective requirements considered necessary to create a reasonable transition onto, as well as adequate protection for, adjacent property. The site plan shall be accompanied by a statement from the applicant specifying the unique characteristics of the proposed project, special design standards, if any (including a schedule of proposed building materials, and physical samples thereof if desired by the applicant or required by the Commission), special features, and the applicant's vision for the project. If the contemplated development is intended to proceed in separate phases, the separate phases shall be identified and a projected schedule of the order in which the phases will be completed shall also be included.

(3)

The Commission shall consider the application, the comprehensive site plan, and related statements submitted by the applicant. In so doing, the Commission shall provide guidance to the applicant as to those features of the submissions, if any, which the Commission deems unacceptable or inadvisable, and shall afford the applicant reasonable opportunity to modify or amend its submissions so as to address any such unacceptable or inappropriate items. At such time thereafter as the applicant requests, or when the Commission determines that further modification of the submissions is not forthcoming, the Commission shall vote to approve or disapprove the proposed district. In approving any PDD, the Commission may also recommend imposing specifically. Variation from City requirements may be allowed in order to create the character and nature of the project, but except as and to the extent otherwise expressly approved by the Commission, City standards for subdivision and construction shall apply.

(4)

If the Commission votes to approve the proposed district, such approval shall be deemed an affirmative recommendation to the City Council, and such approval, including any recommended conditions and any approved variations from City standards, together with the application, the site plans as approved by the Commission, and any related statements of the applicant, shall be forwarded to the City Council for approval or disapproval. If the Commission votes to disapprove the proposed district, such disapproval shall be deemed a negative recommendation to the City Council, and the reasons for the Commission's disapproval shall be set forth in the minutes of the Commission's proceedings and furnished to the City Council (together with the application, the site plan, as dis-approved by the Commission, and any related statements of the applicant). The applicant may appeal any such disapproval to the City Council upon giving the Commission notice of such intent within fifteen (15) days after the date of the Commission's vote of disapproval.

(5)

Upon receipt of an affirmative recommendation from the Commission, or upon any appeal by an applicant of a negative recommendation from the Commission, the City Council shall approve or disapprove the creation of the proposed PDD. In approving any such PDD, the City Council may impose such conditions relative to the standard of development generally, or relative to particular aspects of the plan specifically, as the Board deems in the best interests of the City of South Padre Island. Such conditions shall not be construed as conditions precedent to approval of the zoning amendment, but shall be construed solely as conditions precedent to the granting of a Certificate of Occupancy for any building, other structure or improvement located within such district.

(Ord. No. 24-05, 10-2-2024)