§ 40-135. Alternative development schemes.
(a)
Unified developments/condominiums/PUD's. A unified development, also known in its various forms as a condominium or planned unit development (PUD), is a planned development of land under common control (community or property owners association) that is developed as a whole, whether in a single development operation or programmed series of development. The plat for such a development shall indicate all structures and their relationship to each other and to adjacent uses and improvements. Common elements such as land and recreational facilities shall be an essential and major element of the plat.
(1)
Platting criteria. In addition to the plat standards contained in section 40-55, the plat shall show the following information:
a.
The legal description of the land, showing the land involved and the location of each building (existing or proposed) or building site denoted by letter; i.e. A, B, C, etc.
b.
The general description and the number of each apartment or unit in the development intended for individual ownership expressing its square footage, location and any other data necessary for its identification.
c.
The general description of any other area to be subject to individual ownership and exclusive control, appropriately lettered or numbered.
d.
The description of the general common elements.
e.
The description of the limited common elements.
f.
The fractional or percentage interest which each apartment or unit bears to the entire development.
g.
Any further provisions, matters or covenants necessary.
(2)
Property owners association/condominium association. The developer shall establish the appropriate ownership association for the development. Only one association shall be established for the entire development. The instrument shall be submitted to the city for review prior to submittal of the final plat for review by the city. Where the developer desires to establish a condominium association regime, a master deed, lease or declaration declaring such intention and setting forth the organization of such regime (see Uniform Condominium Act, V.T.C.A., Property Code ch. 82) shall be filed at the office of the county clerk. The association instrument shall address the following items:
a.
Define what is owned and by whom, including specific location and parameters of the individual unit and the ownership interest of the owners or the association in the common elements.
b.
Establish a system of interlocking relationships binding each owner to all other owners for the purpose of maintaining and preserving what is owned and used in common.
c.
Establish an array of protective standards or restrictions designed to place limits and to ensure that a certain level of appearance is maintained.
d.
Create an administrative structure to manage those elements shared in common and to enforce standards.
e.
Provide for the operation and financing of the association.
(3)
Building setbacks. Building setbacks along the boundary line of the development and adjacent to any public street and density standards shall be according to the standards established for like structures and/or lots in Table 40-3 of this article.
(4)
Open space. The total of all open space in any unified residential development shall be at least 30 percent; provided, however, that the developer may provide less than 30 percent open space upon obtaining approval from the city by demonstrating that the character of the amenities incorporated in the development warrant such decrease. In no case should the open space requirement be reduced to less than twenty percent of the total land area of the development. In granting a decrease in open space, the city shall consider such factors as the quality of the open space provided and the provision of recreation facilities such as tennis courts, swimming pools, playground equipment and other recreational facilities. Open space shall include all areas not covered by structures, streets or parking.
(5)
Space between structures. No space less than 20 feet shall be permitted between structures.
(b)
Lot line developments (zero lot line lots). Lot line developments may be established by the developer as alternatives to the building setback standards established for lots in Table 40-3. The developer shall establish residential, commercial and industrial lot line developments according to the following additional criteria:
(1)
No building shall be constructed on a lot line unless that lot line is a common boundary line with another lot platted within the same development and filed for public record.
(2)
A lot line development shall contain at least two lots.
(3)
The setback on the adjacent lot shall be either zero feet or at least ten feet.
(4)
The wall on the zero setback side shall be constructed with a minimum firewall, as required by the building code, with no portion projecting over any property line.
(5)
A permanent easement for maintenance shall be provided to the zero lot line lot from the lot adjacent to the zero lot line side where the adjacent lot has at least a ten-foot setback.
(6)
Openings on the zero lot line side of a dwelling shall be prohibited.
(7)
The developer shall provide all utilities to each dwelling unit on an individual basis.
(8)
The developer shall place all utilities underground. Nothing in this Code affects the recovery by the utility company of the cost of installing utilities.
(Ord. No. O-42-07, § I, 9-24-2007)