Loading...
1981S18- PLANNED RESIDENT UNIT DEVELOPMENT SUBDIVISION DESIGN STANDARDS ORDINANCE NO.:1 j-S - If( AN ORDINANCE REGULATING AND ESTABLISHING A PLANNED RESIDENT UNIT DEVELOPMENT SUBDIVISION DESIGN STANDARDS; PROVIDING FOR IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER AND PRESCRIBING THE SPECIFICATIONS OF SUCH IMPROVEMENTS; REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PLATS TO THE CITY PLANNING COMMISSION AND SETTING FORTH THE PROCEDURES TO BE FOLLOWED IN APPLYING THESE RULES, REGULATIONS AND STANDARDS IN ORDER TO EFFICIENTLY SUBDIVIDE THE LAND WHILE PRESERVING THE HEALTH AND INTEREST OF THE PUBLIC; PROVIDING FOR ENFORCEMENT; PROVIDING A SAVING CLAUSE; REPEALING ALL PREVIOUS ORDINANCES IN CONFLICT AND PROVIDING FOR INTER- PRETATION OF CONFLICTING ORDINANCES; PROVIDING THE REQUIREMENTS FOR VARIANCES; PROVIDING A PENALTY FOR VIOLATION; SETTING FORTH SPECIFICATIONS AND CHECKLISTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS Section 1. Title 2. Jurisdiction 3. Purpose 4. Adoption of Legislative Grant of Power ARTICLE II PROCEDURE Section 1. Location Permit 2. Permit Procedure for P.R.U.D. 3. Granting of Permit 4. Decision by City Council 5. Proof of Ownership or Control 6. Filing Fee 7. Contents 8. Preliminary Development Plan Review 9. Phase Development of P.R.U.D. District 10. P.R.U.D. Guidelines (Policies) 11. Common Open Space 12. Effects of Recording Development Plans 13. Amendments 14. Coordination with Subdivision Ordinance ARTICLE III OTHER PROVISIONS Section 1. Penalty for Violations 2. Emergency Clause APPENDIX A DEFINITIONS PLANNED RESIDENTIAL UNIT DEVELOPMENT SUBDIVISION ORDINANCE ARTICLE I GENERAL PROVISIONS Section 1. Title This Ordinance shall be known as the "Planned Residential Unit Development Subdivision Ordinance" of the City of Schertz. Section 2. Jurisdiction No person shall create a Planned Residential Unit Develop- ment within the corporate limits of the City of Schertz, Texas, or within its extraterritorial jurisdiction, with- out complying with the provisions of this Ordinance. All plats and/or site plans shall conform to the rules and regulations set forth. Section 3. Purpose The City, being confronted with increasing urbanization, and acknowledging that the technology of land development and the demand for housing are undergoing substantial and rapid changes, it intends to encourage the develop- ment of planned residential units which do not conform in all respects with the land use pattern designated on the zoning map, the district regulations prescribed by the zoning ordinance, or the subdivision ordinance. A Planned Residential unit Development (P.R.U.D.), may include a combination of different dwelling types and/or variety of land uses which creatively complement each other or harmonize with existing and proposed land uses in the vicinity. In order to encourage development of the land, provide locations for well-planned comprehensive developments, and provide for variety in the development pattern of the City of Schertz which conform with the purpose of the master plan, the Planning and Zoning Com- mission is empowered to grant permits for P.R.U.D. subject to review and approval by the City Council. Technical planning review of these P.R.U.D. should be provided by the City Engineer. Section 4. Adoption of Legislative Grant of Power This Ordinance is adopted under the authority of the Con- stitution and Laws of the State of Texas, including par- ticularly Chapter 231, Acts of the 40th Legislature, Regular Session,1927, as heretofore or hereafter amended (compiled as Article 974a, Vernon's Annotated Texas Civil Statutes) and the provisions of Section 4 of the Munici- pal Annexation Act as heretofore or hereafter amended (compiled as Article 970a VATCS). ARTICLE II PROCEDURE Section 1. Location Permit A Planned Residential Unit Development may be located in any district upon the granting of a permit in accordance with the provisions of this Ordinance, the Zoning Ordi- nance, a,nd all other adopted ordinances. Section 2. Permit Procedure for P.R.U.D. A. The regulations prescribed herein shall regulate the procedures for making application for a permit for a Planned Residential Unit Development, the public hearing (if required), the staff investigation and technical report, the action by the Planning and Zon- ing Commission, the Building Official, the appeal to or review by the City Council, and the lapse or revo- cation of a permit, and shall regulate new applications and permits to run with the land, subject to the fol- lowing prerequisites. B. The application shall be accompanied by a development plan of the entire planned residential unit development, drawn at a scale of one hundred (100) feet to one (1) inch, and showing provisions for drainage of surface water, water courses, railroads, and public utilities rights-of way, streets, driveways, pedestrian walks, off-street parking and off-street loading facilities, reservations for public uses, including parks, play- grounds, and other open spaces, private uses, including dwelling types; lot layout, land coverage and heights of structures and landscaped area. In addition to the data and drawings prescribed, the application shall be accompanied by a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use. A list of variations from this Ordinance and Subdivision Ordinance No. 80-S-13, as amended, will accompany the application. Section 3. Granting of Permit The Planning and Zoning Commission may grant a permit for a planned residential unit development and may vary the specific requirements of this Ordinance, if, on the basis of the application and the evidence submitted, the Planning and Zoning Commission makes the following findings: A. That the proposed location of the planned residential unit development is in accord with the objections of the comprehensive general plan and the zoning and subdivision ordinances and the major purposes of the district in which the site is located. B. That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space, and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not over- load utilities. C. That the development is planned with adequate provisions for light, air, vehicular and pedestrian circulation and recreational facilities equal to or better than the requirements of this ordinance. D. That the combination of different dwelling types and/or the variety of land uses in the development will comple- ment each other and will harmonize with existing and proposed land uses in the vicinity. Section 4. Decision by City Council If the City Council reverses or modifies a decision of the Planning and Zoning Commission granting a permit for a P.R.U.D., the findings and conditions shall be set forth as in Section 3 above. Section 5. P.R.U.D. of Ownership or Control Before a preliminary development plan shall be approved for any improvements in any district, the owner or owners of all the land included in said area of all structures existing thereon, and of all encumbrances of both said land area and structures, hereinafter called the appli- cants, shall present sufficient evidence to establish that the applicants are in fact all the owners or have control of all outstanding interest of the land and structures thereon. Section 6. Filing Fee Before or upon application for a planned resident unit development permit, the applicant shall present to the Planning and Zoning Commission for their review, a pre- liminary development plan of that portion of the area on which improvements are to be constructed in conformity with the standards contained herein. Said plan shall be accompanied by: A. Application on a form prescribed for this purpose by the City. B. Payment of a fee, in addition to all other fees required, as established by City Manager and City Council. Upon, but not before, the approval, registration and recording of the development plan as hereinafter set forth, the applicant(s) for said plan shall be entitled to apply for such permits and certificates as are necessary to proceed with the accomplishment of the plan. Section 7. Contents The preliminary and the approved development plans shall be certified by the applicant(s) and shall show the following existing and proposed items drawn to scale. A. The title page of each application and set of plans shall be signed by the applicant's architect, planner, landscape architect, engineer and/or land surveyor. In addition to the engineer and planner, the applicant's submittal shall contain the professional services of at least two (2) of the remaining three (3) professionals involved in the design and construction of the environ- ment. B. The boundaries of the area covered by the plan, all publi:c and private rights-of-way and easements bounding and/or intersecting the district(s) which are proposed to be continued, created, relocated and/or abandoned. C. The proposed finished grade of area, shown to contour intervals of not more than two (2) feet. D. A description of the proposed lot or lots and the boundaries thereto. E. The location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area, and the location of entrances and loading po i nts thereof. F. All curb cuts, driving lanes, parking areas, loading areas, public transportation areas, and illumination facilities for same. G. All pedestrian walks, malls, and open areas for use by tenants or visitors. H. The location and height of each wall, fence and screen planting. I. The location, size, height, and orientation of each sign other than signs that are flat on building facades and that do not directly face property in a residential district. J. The types of surfacings, such as paving, turfing, or gravel to be used at the various locations. K. The location, types, and sizes of proposed drainage facilities. L. The location of fire hydrants. M. The location of water and sewage facilities. N. A list of all variances from this Ordinance and the Subdivision Ordinance No. 80-S-13, and the reasons therefore. Section 8. Preliminary Development Plan Review Each development plan shall be submitted to the Planning and Zoning Commission and shall be reviewed in accordance with the following schedules: A. The applicant shall file with the Planning and Zoning Commission a reasonable number of copies (not less than six (6) of his development plans as required. B. In the review of a preliminary development plan by the Planning and Zoning Commission, the Commission shall recommend to the City Council whether the said preliminary plan shall be approved subject to compli- ance with modifications or conditions. C. After approval of the preliminary plan, the applicant may combine his preliminary development plan and final development plan so as to make them one and the same. The applicant shall indicate on said plan all data required of the preliminary and final development plan procedures. Section 9. Phase Development of P.R.U.D. District The preliminary and final development plans shall be divided into sections of proposed development so that in the event of failure to commence timely bona fide construction in any section of an approved final development plan, there will be: A. Definitely established lines showing the reduced P.R.U.D. district after the unused partion of the site area is utilized for another use. B. Minimum of damage to the unused portion of the site from the standpoint of its suitability for use. Section 10. P.R.U.D. Guidelines (Policies) All development plans shall make due provision for: A. Adequate design of grades, paving, gutters, drainage, and treatment of turf to handle storm waters and prevent erosion, minimize flooding and formation of dust. B. Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces, and facilities for waste disposal and illumination. C. Adequate and proper locations of pedestrian walks, malls, . and public transportation loading places from general vehicular circulation facilities. D. Arrangements of buildings and vehicular circulation open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic. E. Proper arrangement of signs and lighting devices with respect to traffic-control devices and adjacent resi- dential districts. F. Fences, walks, or year-around screen planting where necessary to shield adjacent residential districts from parking illumination, headlights, fumes, heat, blowing papers and dust, and to increase the visual privacy and residential neighborhood character. G. The average dwelling units density per net acre in that portion of a planned unit devoted to residential use can exceed the net dwelling unit density proposed in the approved general plan providing the grass average density of the district in which it is located in net. In cal- culating population density per net acre, all streets shall be excluded. Section 11. Common Open Space The amount and location of common open space will be con- sistent with the declared function of the common open space as set forth in the application for a planned residential unit development, and there shall be such provisions for the ownership and maintenance of the common open space as reasonably to insure its continuity and conservation. In the event that the common open space is permitted to deteri- orate or is not maintained in a condition consistent with the best interest of the entire City, then and in such event the City shall take those remedial steps permitted by law. Section 12. Effects of Recording Development Plan All final development plans registered and recorded here- under shall be binding upon the applicant, their successors and assignees, and shall limit and control the issuance and validity of all permits and shall restrict and limit the construction, location, use, and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans. Section 13. Amendments All applicants for development and site plans which are disapproved may file with the City Building Official on amendment to such plan or an amended plan, which amendment or amended plan shall be limited exclusively to changes made necessary to accomplish compliance, with the grounds for disapproval stated by the reviewing agent. Such amend- ment or amended plan shall be reviewed in accordance with the same time limits and procedures as provided herein for original submission. Section 14. Coordination with Subdivision Regulations The uniqueness of each proposal for a Planned Residential Unit Development requires that the specifications for the width and surfacing of streets and highways, alleys, ways for public utilities, for curbs, gutters, sidewalks, street lights, public parks and playgrounds, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be subject to modification from the specifications established in the City of Schertz Subdivision Ordinance No. 80-S-l3, as amended from time to time. The City Council, therefore, within the limits hereinafter specified, waive or modify the specifi- cations otherwise applicable for a particular public facility where the Planning and Zoning Commission finds that such specifications are not required in the interest of the residents of the Planned Residential Unit Development and that the modifications of such specifications are not incon- sistent with the interest of the entire City. A. In any planned development which the provisions of this Ordinance and the Subdivision Ordinance No. 80-S-l3, are in conflict, the City Council, with advice and recom- mendations from the Planning and Zoning Commission, shall make the decisions as to which shall prevail. ARTICLE III OTHER PROVISIONS Section 1. Penalty for Violations Anyone violating any provision of this Ordinance within the corporate limits of Schertz, Texas, shall be guilty of a mis- demeanor, and upon conviction shall be fined an amount not to exceed two hundred dollars ($200.00). Each day that such violation continues shall be deemed a separate offense and be punishable as such. Prosecution or conviction under this Section shall never be a bar to other remedies of relief for violation of this Ordinance. Section 2. Emergency Clause This Ordinance, all additional parts that may follow shall go into effect upon passage and approval of the Council. The only exceptions to this Ordinance will be that developers with a plat already filed will not need to change that plat, but all future plats will be filed in accordance with this Ordinance. PASSED, APPROVED AND ADOPTED this the ~b ~ day of 19 ~I ATTEST: of Schertz (SEAL OF CITY) APPENDIX A P.R.U.D. SUBDIVISION ORDINANCE DEFINITIONS Applicant - In this Ordinance means the owner or owners of all the land included in the Planned Residential Unit Development. Common Open Space - A parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a Planned Residential Unit Development, and designed and in- tended for the use or enjoyment of residents of the Planned Residential Unit Development. Common open space may contain such complementary structures and improvements as are neces- sary and appropriate for the benefit and enjoyment of resi- dents of the Planned Residential Unit Development. Planned Residential Unit Development - An area of land, controlled by a landowner, to be developed by a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or re- quired open space to the regulations in anyone residential district estahlished by any other Articles of the Zoning Ordinance. A development prescribing for the provision, operation, and maintenance of such areas, buildings, structures, improvements, facilities, and services as will be for use in commonalty by some or all of the occupants, tenants and for owners within the P.R.U.D., either at general expense to the developer, his successors or assigns, or by assessments to an owner's and/or tenants' association, or both methods. A P.R.U.D. may include, but does not require, individual ownership of units, structures, or property. Density - The average number of families, persons or housing units per acre of land Cluster Development - The grouping or clustering of residential, commercial, industrial or combination of such uses to reduce monotonous designs, the number of streets, and shorter utility lines. Allow open space land from areas found unbuildable, such as hillsides, ravines, and wetlands, associated with P.R.U.D. to permit greater flexibility. I MAIN OffICE 122 East Sytd P.O. Box 2789 lJNversaI City, T_CIS 78148 (S12) 658-1424 \ NOATHSlOE.8AANCH, l013N.W.loop410 San Antonio. Tea:os 78213 (512) 349-1919 PUBLISHER'S AFF IDAVIT COUNTY OF BEXAR) STATE OF TEXAS) I, Therese A Soares , authorized representative of the Herald Publishing Company, do solemnly swear that the notice, a printed copy of which is hereto attached, was published once a week for 1 consecutive weeks in the Northside/Weekly/ Northwest Herald, a weekly newspaper of general circulation published at Uni versal City, ~exar County, Texas, on the fol- towing dates, to-wit: .Tuly 2 A.D., 19-121.. ~OM n. ~~^ H1i:RALD PUBLISHING COMPANY - OF TEXAS Subscribed and sworn to before me, this r..J , day of ~ ~ ' 19-4. r;; P tfr A> A"'2 / r;;;: j {J /'1 h-",,- ./ Notary Public in and for Bexar County, Texas Herold Publlshlng Company of Texas ~ ~i ~!~ SCHERTZ ORDINANCE NO. n- 8-11 An ordinance regulating and establishing a planned resident unit development sub- division .design standards; providing for improvements to be made or guaran- teed to be made by the subdivider and prescribing the Specifications of such improvements; requ- iring and regulatinl! the preparation ana presentstion of plats to the City Planning Commission and setting forth the procedures to be followed in applying these rules~, regulations and standards in order to efficiently subdivide the land while preserving the health and interest of the public; providing for enforcement; provid- ing a savinR Clause; repealing a1f previous ordinances in conflict and providing for interpretation of conflicting or- dinances; providing the requirements for variances; providing a penalty for violation; setting forth ~~ions and Passed, approved and adopted the 16th day of June, 11ll11. June G. Krause City Secretary ORDINANCE NO. 81. T-D An ordinance by the city council of the City of Schertz, Tens, authorizing certain persons who ar.e disabled and unable to work and drawing disability benefits as authorized by the social security ad- ministration to be entitled to an ad valorem property tax exemption on their property located in the City of Schertz, Texas, as authorized by Articie VIII, Sectionl- b(b) of the Texas Constitution. Passed, approved aad adopted the 11th day of June 1181. June G. Krause City Secretary I ') ~~