(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)
(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)
(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)