Permitted Uses. The uses to be permitted in any (PD) Planned Development District shall be enumerated in the ordinance which creates such district. 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.
Procedures. The steps necessary to request creation of a (PD) Planned Development District shall be as follows:
(1) Preapplication conference for presentation and discussion of a preliminary drawing in a form for a change of zoning with all required supporting materials.
(2) 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.
(3) 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.
Pre-application Requirements.
(1) 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:
(A) A statement of completion of the Pre-Application Checklist requirements. The Pre-Application Checklist will be available from the Town Secretary’s office.
(B) Delineation of site boundaries.
(C) General site layout indicating relationship of the proposed land uses, parking, and street layout(s).
(D) Proposed residential development densities.
(E) Approximate gross square footage of non-residential uses where applicable.
(F) Projected building heights.
(G) General topographic conditions.
(H) A table identifying the Zoning District and the associated Area Requirements to which the proposed Planned Development District (PD) is most closely aligned and to which the PD will conform unless otherwise identified; and
(I) Significant environmental features, including flood plains and water course; and d 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.
In addition to the Concept Plan, the applicant shall provide proposed Development Guidelines outlining design requirements and characteristics of the Planned Development District (PD).
(2) 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.
(3) 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.
(4) 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.
(5) 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.
Development Schedule.
(1) 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.
(2) 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.
Planned Amendment to (PD Development District).
(1) 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.
(2) 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.
Coordination with Subdivision Ordinance.
(1) 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.
(2) 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.
