Shady Shores City Zoning Code
ARTICLE 2
8 PD-PLANNED DEVELOPMENT DISTRICT
§ 2.8.001 PD-Planned Development District.
(a)
Purpose.
The (PD) Planned Development District is to encourage better development in the Town, by allowing more flexibility in the planning and development of various projects. Any combination of residential, commercial, light industrial, public or recreational uses may be requested, and may be approved or denied in accordance with the Comprehensive Plan of the Town, as determined in the discretion of the Town Council.
(b)
Description.
After a public hearing has been convened and proper notice to all affected property owners has been made in accordance with this Subtitle and after a recommendation by the Planning and Zoning Commission has been submitted to the Town Council, the Town Council may authorize the creation of a (PD) Planned Development District as follows:
(1)
Planned Development.
Available uses which may be requested will be more particularly defined in a PD zoning ordinance for the property in question are listed below in 2.8.002, and include: residential, commercial, light industrial, public or recreational comprised of one or more acres or located in areas designated on the comprehensive planning map, or the zoning map.
(2)
Permitted Uses.
The uses to be permitted in any (PD) Planned Development District shall be enumerated in the ordinance which creates such district and zones specific property with it. Any proposed amendment to the uses permitted within a (PD) Planned Development District shall be submitted and processed in accordance with this Article 2.8.
(3)
Procedures.
The steps necessary to request creation of a (PD) Planned Development District shall be as follows:
(A)
Pre-application conference for presentation and discussion of a preliminary drawing in a form for a change of zoning with all required supporting materials.
(B)
Every (PD) Planned Development District approved under the provisions of this Subtitle shall be considered an amendment to the Zoning Ordinance and Zoning Map and applicable only to the property described in the legal description of the property.
(C)
In carrying out the development of a (PD) Planned Development District, compliance with the applicable development conditions and development schedule shall be required. Such conditions as are specified for the development of a (PD) Planned Development District 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 by the Town of Shady Shores.
(4)
Pre-application Requirements.
(A)
Pre-application Conference:
An applicant for a (PD) Planned Development District shall schedule a pre-application conference prior to the formal submission of the application materials. At the pre-application conference, the applicant shall provide a preliminary drawing, Concept Plan that includes, but is not limited to, the following:
(i)
A statement of completion of the Pre-Application Checklist requirements. The Pre-Application Checklist will be available from the Town Secretary's office.
(ii)
Delineation of site boundaries.
(iii)
General site layout indicating relationship of the proposed land uses, parking, and street layout(s) including a scaled drawing showing any proposed public or private streets and alleys; building sites or lots and areas proposed for dedication or reserved for parks or playgrounds, easements and points of ingress from existing public streets.
(iv)
Proposed residential development densities including density per acre, the floor area ratio, regulations proposed, off street parking to be furnished, screening walls, open space or common areas and any other features as may be required by the Building Official and or the Planning and Zoning Commission.
(v)
Approximate gross square footage of nonresidential uses where applicable.
(vi)
Projected building heights.
(vii)
General topographic conditions.
(viii)
Significant environmental features, including floodplains and water course; and in addition to the Concept Plan, the applicant shall provide proposed Development Guidelines outlining design requirements and characteristics of the Planned Development District (PD). [,] delineation of approximate acreage for each land use specified.
(B)
Development Guidelines:
In addition to the Concept Plan, the applicant shall provide proposed Development Guidelines outlining design requirements and characteristics of the Planned Development District (PD).
(C)
Comments:
Based on the information provided by the applicant, initial comments concerning the merits of the proposed development and provide any other information necessary to aid the applicant in the preparation of the formal application.
(D)
Application Submission:
Any person, group of persons, or Corporation having a proprietary interest in any property may file an application for a (PD) Planned Development District. Such application shall be submitted and processed in accordance with Shady Shores, Texas, Zoning Ordinance.
(E)
Formal Public Hearing:
The Planning and Zoning Commission shall hold an advertised public hearing in accordance with the procedures set forth herein. The Planning and Zoning Commission shall make its recommendation to the Town Council in accordance with the standard procedures for a change in zoning classification in the Town of Shady Shores. The Planning and Zoning Commission may recommend, and the Town Council may approve the request for a (PD) Planned Development District as submitted or may make any modifications thereto as may be appropriate.
(F)
Town Council discretion:
In approving an ordinance establishing the (PD) Planned Development District, the Town Council shall, after recommendation of the Planning and Zoning Commission, specify such height density, site coverage, setback, landscaping, off-street parking and all other standards as are appropriate for the development which are considered necessary to protect the health, safety, and general welfare, and to create a reasonable transition to, and protection from, property adjacent to the (PD) Planned Development District.
(G)
Development Schedule.
(i)
If the applicant desires, or the Planning and Zoning Commission or the Town Council requires, a development schedule shall be submitted indicating the approximate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule shall, if adopted by the Town Council, become part of the ordinance creating such (PD) Planned Development District, and shall be adhered to by the owner, developer, and successors in interest.
(ii)
If in the opinion of the Planning and Zoning Commission and/or Town Council the owner or owners of the property are failing or have failed to meet the approved schedule, the Planning and Zoning Commission and/or Town Council may initiate proceeding to amend the ordinance of the (PD) Planned Development District or remove all or part of the (PD) Planned Development District from the Official Zoning Map and place the area involved in another appropriate zoning district. Such action shall occur in accordance with this Subtitle. Upon the recommendation of the Planning and Zoning Commission, and for good cause shown by the owner or developer, the Town Council may extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions of the case.
(H)
Amendment to PD Development District.
(i)
Any major amendment, supplement, deletion, or modification to the (PD) Planned Development District may be granted upon application by any person, group of persons or corporation having a proprietary interest herein. Any application for such amendment, supplement, deletion, or modification shall contain the information specified in this Subtitle and shall be processed in accordance with the procedures set forth in this Subtitle.
(ii)
The Mayor or designee may authorize minor amendments that:
a.
Do not alter the basic relationship of the proposed development to adjacent property.
b.
Do not alter the permitted uses.
c.
Do not increase the maximum density, floor area, height, or site coverage.
d.
Do not decrease the amount of required off-street parking; and
e.
Do not reduce the required minimum yards or setbacks.
(Ordinance 344-04-2021 adopted 4/12/21; Ordinance 386-05-2024 adopted 5/13/2024)
§ 2.8.002 Planned development-available uses available for requested inclusion in PD zoning of property.
(a)
RESIDENTIAL, including:
(1)
Single-Family Homes:
homes designed for a single household and typically offer more privacy and control over the property.
(2)
Townhouses:
which are multi-level attached dwellings with shared walls.
(3)
Duplexes:
Duplexes are residential buildings divided into two separate dwelling units, each with its own entrance.
(4)
Apartment Buildings:
consist of multiple units on one or more levels. Apartment buildings can provide a greater number of housing units within a designated area.
(5)
Accessory Dwelling Units (ADUs):
also known as in-law suites or granny flats. ADUs are secondary dwelling units located on the same property as the primary residence and can provide additional housing options.
(b)
LIGHT INDUSTRIAL:
Manufacturing; assembly, fabrication, production, and packaging. These may include industries like textiles, electronics, furniture, machinery, food processing, and many others.
(c)
COMMERCIAL:
(1)
Warehousing and Distribution:
storage hubs for products, inventory, and materials.
(2)
Research and Development:
facilities for scientific experimentation, testing, and innovation.
(3)
Office Spaces:
office spaces, particularly for businesses that require a combination of industrial and administrative functions. These spaces can be used for management, administrative work, sales, and customer service.
(4)
Storage Facilities:
storage facilities, including self-storage units and warehouses, boat and RV storage facilities.
(5)
Service Industries:
repair and maintenance shops, equipment rental services (particularly those that enhance lakeside living-boat repair sales etc), packaging and labeling services, or transportation companies.
(6)
Retail:
a variety of retail establishments, such as clothing stores, grocery stores, electronics stores, and specialty shops.
(7)
Restaurants and cafes:
[sic]
(8)
Office:
various professional and business offices. These can include law firms, accounting firms, real estate agencies, and consulting firms.
(9)
Hotels and Lodging:
short-term rentals; bed and breakfast establishments.
(10)
Entertainment Venues:
theaters, cinemas, concert halls, and sports arenas, golf course, or any other entertainment establishment as approved by the Planning and Zoning Commission, water sport rentals etc.
(11)
Service Businesses:
banks, insurance agencies, beauty salons, fitness centers, and repair shops.
(12)
Professional Services:
medical and dental clinics, financial institutions, and architectural firms.
Planned Development zoning is intended to provide a wide range of employment opportunities without potential conflicts from interspersed residential uses. A full range of uses may be applied for Commercial uses are limited in size to ensure that they do not dominate the character of the area or adversely affect the intended uses of the area. The development standards in this title are the minimum necessary to assure safe, efficient, and environmentally sound development, which will have minimum adverse impacts.
(d)
PUBLIC SPACES OR RECREATIONAL SPACES:
(1)
Parks and Open Space:
Many cities and towns have zoning regulations that designate specific areas as parks or open space. These zones are set aside for recreational use and typically have restrictions on commercial or residential development. They may include provisions for passive parks, active sports fields, picnic areas, walking trails, and conservation areas.
(2)
Sports and Recreation Zoning:
designated areas for sports complexes, golf courses, swimming pools, tennis courts, or other recreational amenities.
(3)
Camping and Outdoor Recreation Zoning:
These zones may permit camping grounds, RV parks, or designated areas for hiking, biking, or nature exploration.
(4)
Community and Neighborhood Center Zoning:
recreational facilities and community gathering spaces.[,] community centers, recreation centers, or multipurpose facilities. The regulations may specify the types of activities permitted, parking requirements, and noise restrictions.
(5)
Historical, Cultural, and Recreational Districts:
historical, cultural, and recreational uses. These districts may incorporate parks, museums, cultural centers, or historical sites, creating a unique blend of recreational and educational opportunities. The regulations may aim to preserve historical buildings, promote tourism, and encourage public access to these sites.
(6)
Waterfront Zoning:
boating, fishing, swimming, or other water-based activities. Must include setback requirements, environmental impact assessments, and regulations to protect sensitive ecosystems or wildlife habitats.
(Ordinance 386-05-2024 adopted 5/13/2024)
§ 2.8.003 Coordination with Subdivision Ordinance.
(a)
It is the intent of this section that subdivision review under the subdivision regulation of the Town of Shady Shores is carried out simultaneously with the review of a (PD) Planned Development District under the provisions of this Subtitle.
(b)
Both this Subtitle and the Shady Shores, Texas Subdivision Regulations contain regulations which apply to the design of a Planned Development District, including such matters as streets, utilities, and open spaces. In any (PD) Planned Development District for which the provision of the two (2) ordinances are in conflict, the Mayor or Designee shall submit a recommendation to the Planning and Zoning Commission, which shall determine which standard shall prevail. Appeal from such decision shall be in accordance with this Subtitle.
Certain words used in this Ordinance [this article] are defined as follows: Words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular. The word "shall" is mandatory and not discretionary.
(Ordinance 386-05-2024 adopted 5/13/2024)