Katy City Zoning Code
§ 12
PLANNED DEVELOPMENT DISTRICT PDD.
The purpose of Planned Development District, hereinafter referred to as PDD, is to encourage the unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof in accordance with an approved comprehensive development plan. The PDD may be a single use district or a combination of any or all of the uses listed. This district provides for greater flexibility in the design of buildings, yards, courts and circulation than provided by other districts.
12.1
Uses Permitted.
12.1-1
Industrial parks or districts.
12.1-2
Office complexes.
12.1-3
Commercial or service centers.
12.1-4
Shopping centers.
12.1-5
Hotels.
12.1-6
Medical center or hospital.
12.1-7
Recreation center.
12.1-8
Any appropriate combination of uses which may be planned and developed as integral land use units by a single owner or combination of owners.
12.1-9
Single-family residential development provided that the smallest lot shall be 12% greater that those required in District R-1.
12.1-10
Single-family residential development of 100 or more acres.
12.2
Height, Floor Area, Density, Parking and Loading Standards.
The maximum heights, lot width, lot depth, floor area, lot area, and maximum off-street parking and loading requirements for uses proposed shall be established for each PDD based upon the particular merits of the development design and layout. Such standards and requirements shall comply with or be more restrictive than the standards established for the specified type uses in the particular districts in which they would ordinarily be permitted under the general Zoning Ordinance. All buildings and structures shall be set back from any peripheral property line on street right-of-way at least twenty-five (25) feet.
12.3
Application and Procedure.
An application for a PDD shall be made to the City Planning and Zoning Commission in the same manner that an application for any amendment to the Zoning Ordinance is made and shall be processed according to the procedure in Section 23. As in the instance of new subdivision platting, a pre-planning conference is required as set out in Code of Ordinances Section 9.201 [10.02.001] preparatory to the filing of the application for a PDD. The city council, after recommendation by the City Planning and Zoning Commission and after public hearing and proper notices to all parties affected, may authorize the creation of a commercial PDD on sites of five (5) acres of more and a single-family residential PDD on sites of ten (10) acres of [or] more.
12.4
Procedure for Establishing Standards.
In approving the development plan and the ordinance establishing the PDD, the city council shall after recommendation of the City Planning and Zoning Commission, specify such maximum off-street parking and loading standards within the limits of those specified in the districts for the specified usage involved as is appropriate for the development. The city council shall, after recommendation of the City Planning and Zoning Commission establish the standards for yards, signs, building space, site coverage, access, screening walls, landscaping, building area, open space, pedestrian ways, public or private streets or alleys to be observed in the PDD and such standards shall be specified in the ordinance establishing the district.
12.5
Development Schedule.
12.5-1
An application for a PDD shall be filed with the City Planning and Zoning commission and be accompanied by a development schedule indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the city council, shall become part of the development plan and shall be adhered to by the owner, developer, his successors and assigns in interest.
12.5-2
Where a development schedule has been required, the building inspector shall report annually to the City Planning and Zoning Commission, the actual development accomplished in the various PDD as compared with the development schedule.
12.5-3
The City Planning and Zoning Commission, if in its opinion, the owner or owners of property are failing or have failed to meet the approved schedule, may, with city council approval, initiate proceedings under Section 23 to amend the Zoning Map or the PDD by removing all or part of the PDD from the Zoning District Map and placing the area involved in another appropriate zoning district. Upon the recommendation of the City Planning and Zoning Commission and good cause shown by the owner and developer, the City Council may also extend the development schedule or adopt such new development schedules as may be indicated by the facts and conditions of the case.
12.6
Development Plan Required.
An application for a PDD shall include and be accompanied by a development plan which shall become a part of the amending ordinance and shall be referenced on the Zoning District Map. Changes in the development plan shall be considered the same as changes in the Zoning District Map and shall be processed as required in Section 1 [4] except that changes of detail which do not alter the basic relationship of the proposed development to adjacent property and which do not alter the uses permitted or increase the density, floor area ratio, height or coverage of the site, or which do not decrease the off-street parking ratio, or reduce the yards provided at the boundary of the site, as indicated on the approved development plan, may be authorized by the City Planning and Zoning Commission. Any applicant may appeal the decision of the City Planning and Zoning Commission to the city council for review and decision as to whether an amendment to the PDD Ordinance shall be required.
12.7
The Development Plan shall include:
12.7-1
A plat, prepared by a registered surveyor or engineer, showing proposed public or private street or alley; building sites or building lots; any area proposed for dedication or reserved as parks or parkways; playgrounds; utility easements; school sites; street widening, street changes, and the points of ingress and egress from existing public streets and defining boundaries and topography with a contour interval of not less than two (2) feet, or spot grades where the relief is limited[.]
12.7-2
Where multiple types of land use are proposed, a land use plan delineating the specific areas to be devoted to various uses shall be required.
12.7-3
Where building complexes are proposed, a site plan showing the location of each building and the minimum distance between buildings, and between buildings and property line, street line and/or alley line shall be submitted. For buildings more than one (1) story in height, except single-family and two-family residences, elevations and/or prospective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the heights, number of floors, and exposures for access, light and air.
12.7-4
Where off-street loading is required, a plan indicating the arrangement and provisions shall be submitted. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown.
12.7-5
A designation of the maximum building coverage of the site shall be indicated upon the site land [plan].
12.7-6
Screening and landscaping plans shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall, when required, include screening walls, ornamental planting, playgrounds, wooded areas to be retained, lawn and gardens, if such are determined to be necessary by the City Planning and Zoning Commission.
12.7-7
Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the City Planning and Zoning Commission and interpretation by the Building Inspector.
12.7-8
Every PDD approved under the provisions of this ordinance shall be considered as an amendment to the Zoning Ordinance as applicable to the property involved. In carrying out the development of a PDD, the development conditions of the development schedule, if required, shall be complied with. Such conditions as are specified for the development of a PDD shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy and compliance.
12.8
Single-family residential development of 100 or more acres.
(a)
Single-family residential developments of 100 or more acres may be developed in the following manner:
(1)
No lot in the development shall be less than 55 feet in width and 100 feet in depth for a minimum of 5,500 square feet in size;
(2)
No more than 25% of the lots in the development shall be 55 feet in width;
(3)
No less than 25% of the lots in the development shall be a minimum of 60 feet in width and a minimum of 7,200 square feet in size.
(4)
No less than 50% of the lots in the development shall be a minimum of 70 feet in width and a minimum of 8,600 square feet in size;
(5)
No less than 20% of the development must be used for Open Space.
i.
Open Space includes parks, landscape reserves, pipeline easements, trails, linear trails, tot lots, natural open space areas, usable drill sites, and publicly accessible detention/drainage facilities.
ii.
The developer is required to maintain the Open Space. The developer must state in the PDD application who will maintain the Open Space.
iii.
The Open Space will not be dedicated to the City of Katy.
(6)
Private Street cells may be an element within the overall development however; the entire development may not consist solely of Private Street cells.
(7)
Private Street cells must:
i.
Have 100% of the lots meet the City of Katy Private Street Ordinance minimum lot size requirements of 70 feet in width and a minimum of 10,000 square feet in size; or
ii.
Be in an age-restricted area that complies with the minimum lot size requirements of the overall development plan including the number of lots that can be 55 feet in width and 100 feet in depth for a minimum of 5,500 square feet in size and the number of lots in the development that can be a minimum of 60 feet in width and a minimum of 7,200 square feet in size; and
iii.
Comply with all other requirements of the City of Katy's Private Street Ordinance.
(b)
Single-family residential developments of 100 or more acres must comply with all other City of Katy Ordinance requirements not in conflict with the provisions set forth in 12.8(a) above.
12.9
-12.11 [Reserved]
12.12
West Ten Business Park is an integrated commercial development combining various commercial uses with various industrial uses, as set out in its application for the Planned Development District dated July 29, 2009 on file in the office of the City Secretary, (The Application) which is incorporated herein by reference for all purposes.
12.12-1
West Ten Business Park is located on a tract of land consisting of 473 acres in the City of Katy, Fort Bend County, and Waller County, Texas, described by metes and bounds in Exhibit A attached hereto [to Ordinance 2445] and made a part hereof.
12.12-2
West Ten Business Park shall be designated on the official Zoning Map of the City of Katy as a Planned Development District.
(a)
The District shall consist of those commercial and industrial uses as identified in The Application.
12.12-3
West Ten Business Park shall be developed in accordance with the West Ten Business Park Construction Schedule contained in The Application and the Utility Functions and Services Allocation Agreement approved by the City of Katy and Developer marked Exhibit “B,” attached hereto [to Ordinance 2445] and made a part hereof (The Agreement). West Ten Business Park is to be constructed in strict compliance with this Ordinance and other developmental and construction ordinances of the City of Katy as they exist on the date of construction. In addition, the following matters shall be required:
(i)
Prior to construction, a development plan for each separate phase shall be prepared in accordance with The Application and the Agreement, and shall contain, in addition to the matters required for development plans set out in the Zoning Ordinance, Section 12.7, certification that anticipated runoff shall not exceed the standard set by any flood control authority exercising control over the development and if so, shall set out in detail how such runoff shall be controlled.
(ii)
The development plan shall be approved by the City Council prior to issuance of a building or occupancy permit. The PDD approved may be subdivided and a copy of the subdivision plat shall be filed in the Deed Records of the county in which located. In approving the development plan for each phase, City Council reserves the right to exercise all or any of the rights and powers granted it under Section 12 of the Zoning Ordinance or any other applicable ordinances.
(iii)
The development plan or amendment thereto shall be accompanied by a title report identifying all the then-current owners of the property and lienholders, all of whom shall be required to execute an acceptance of the PDD or amendment and a subordination of their interests to the PDD.
12.12-4
The development schedule shall commence as set out herein unless changed by ordinance. Failure to comply with the development schedule or comply with any other portion of this Ordinance shall subject the PDD, the Owners and Developers, to the sanctions of Section 12.5-3 of the Zoning Ordinance.
12.13
Katy Main Street is an integrated commercial development combining various commercial uses, as set out in its application for the Planned Development District on file in the office of the City Secretary, (The Application) incorporated herein by reference for all purposes.
12.13-1
Katy Main Street is located on a tract of land consisting of 86.78 acres in the City of Katy, Fort Bend County, Texas, described as 86.78 acres of land in the Jesse Thompson Survey Abstract 393 and John McKnight Survey, A-292 Fort Bend County, Texas as described by metes and bounds in The Application.
12.13-2
Katy Main Street shall be designated on the official Zoning Map of the City of Katy as a Planned Development District.
(a)
The District shall consist of those commercial uses as identified in The Application.
12.13-3
Katy Main Street shall be developed in accordance with the Katy Main Street Construction Schedule contained in The Application and the Utility Functions and Services Allocation Agreement approved by the City of Katy and Developer marked Exhibit “A,” attached hereto [to Ordinance 2427] and made a part hereof (The Agreement). Katy Main Street is to be constructed in strict compliance with this Ordinance and other developmental and construction ordinances of the City of Katy as they exist on the date of construction. In addition, the following matters shall be required:
(i)
Prior to construction, a development plan for each separate phase shall be prepared in accordance with The Application and the Agreement and shall contain, in addition to the matters required for development plans set out in the Zoning Ordinance, Section 12.7, certification that anticipated runoff shall not exceed the standard set by any flood control authority exercising control over the development and if so, shall set out in detail how such runoff shall be controlled.
(ii)
The development plan shall be approved by the City Council prior to issuance of a building or occupancy permit. The PDD approved may be subdivided and a copy of the subdivision plat shall be filed in the Deed Records of Fort Bend County, Texas and shall remain under single ownership or control unless this PDD is amended. In approving the development plan for each phase, City Council reserves the right to exercise all or any of the rights and powers granted it under Section 12 of the Zoning Ordinance 621 or any other applicable sections or other ordinances.
(iii)
The development plan shall be accompanied by a title report or attorney's opinion letter identifying all of the then-current owners of the property and lienholders, all of whom shall be required to execute an acceptance of the PDD and a subordination of their interests to the PDD.
(iv)
The development plan shall be accompanied by a certificate signed by Developer's engineer bearing the engineer's seal stating that the plan contains no deviations from the Application or Utility Functions and Services Allocation Agreement.
12.13-3.1
All Katy Main Street signs shall be constructed, displayed and located in accordance with the signage regulations contained in Exhibit “A” attached hereto [to Ordinance 2476] and made a part hereof and with all City of Katy ordinances.
12.13-4
The development schedule shall commence as set out herein unless changed by ordinance. Failure to comply with the development schedule or comply with any other portion of this Ordinance shall subject the PDD, the Owners and Developers, to the sanctions of Section 12.5-3 of the Zoning Ordinance.
12.13-5
Katy Main Street is amended to reflect the subdivision plat approved by the City Council on May 9th, 2011.
12.13-6
Tracts of land within Katy Main Street may be subdivided in accordance with the City of Katy's Subdivision Ordinance's rules, regulations and procedures without amending the Katy Main Street PDD. The subdivision of land provided for by this section does not authorize the subdivision of land where the subdivision will conflict with guidelines, rules or regulations adopted by the City Council for Katy Main Street.
12.13-7
Katy Main Street is amended to the changes set forth in Exhibit A attached to [Ordinance 2794] and incorporated herein for all purposes. The revised regulations may be incorporated into the Code of Ordinances where applicable.
Editor's note-A list of planned development districts adopted under the provisions of this section is provided as an attachment to this ordinance.
(Ordinance 621 adopted 3/24/83; Ordinance 971 adopted 12/13/90; Ordinance 2158 adopted 6/11/01; Ordinance 2427 adopted 4/13/09; Ordinance 2445 adopted 8/24/09; Ordinance 2476 adopted 7/12/10; Ordinance 2497 adopted 5/9/11; Ordinance 2545 adopted 9/24/12; Ordinance 2794 adopted 3/27/17)