Approval Process

Katy is a “hub” of three counties: Harris, Waller, and Fort Bend. The City is finalizing its comprehensive plan, which has not been updated since 2001. For that reason, and because this looks to be the first such project for Katy, the Planning Commission and the City Council may be particularly engaged.

The proposed site, shown at left, is in Waller County, within the Katy city limits. It is currently zoned as Residential (R-1). Pink lines indicate the proposed site, the blue parcels are owned by Herman C. Meyer, the black lines show a 24-acre undeveloped parcel that is owned by Paul Redmon, current Vice Chair of the City Planning and Zoning Commission. Information about the proposed zoning in the draft comprehensive plan for this area is in the Comprehensive Plan section.

Press on current parcel owner: No negative press or community sentiment was found regarding the current parcel owner (Enterprise) after a general web search and a targeted search of local digital media and the Houston Chronicle.

 The city has nearly completed its 2040 comprehensive plan; the goal for completion and adoption is March, 2023. [Draft Plan] The complete draft of the plan is not readily available, but a draft of the future zoning map* was reviewed at a January 24 special meeting. It showed the proposed site to be in the General Residential zone with General Commercial bordering. The parcel owned by CPZ member Redmon is rezoned to Estate Residential in the draft. The distal side of Cane Island Parkway is zoned Industrial (18:11).

In 2022, the Katy City Council adopted new definitions, land use guidelines, and zoning districts. The Industrial District “M” was one of these that was updated, and although there is no mention of solar utilities, the M designation looks to be preferred for such projects. [Maps & GIS | City of Katy, TX] [Jan 24, 2023Special City Council meeting: Presentation and Discussion of the Comp Plan draft.]

*Note: Because the map is a draft, the city is not required to provide it by request; therefore, a request was not made.

Special Use Permit/Rezoning

KMC Chapter 14A § 15 SPECIAL USE PERMITS

The planning department requires a phone conference prior to submittal of a special use permit.  

1. Pre-application phone conference
2. Submittal of application and materials

1. Public hearing scheduled

1. CPZ holds a public hearing, properly noticed.
2. CPZ forms their recommendation and forwards it to the City Council.
3. The Council may modify the final plan before making a final determination

Failure to construct within one year after issuance voids the permit as approved, unless an extension of time has been granted following application to the Zoning Board of Adjustment. Every special permit granted is considered an amendment to the Zoning Ordinance.

An excerpt of the Zoning Code is provided here for additional information on what conditions are considered for a special use permit. This may be useful given that goals and objectives from the comp plan are still in draft form.

15.3 Conditions for Approval.

A Special Use Permit shall be issued only if all of the following conditions have been found:

a. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity.

b. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property;

c. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided;

d. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;

e. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration;

f. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties;

g. That there is sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and

h. That the proposed use is in accordance with the comprehensive plan.

The city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community.

The commission is made up of seven members and two alternates. Members are appointed by the Mayor and approved by the City Council. Members must be resident citizens and qualified voters.

• Terms of service are staggered, and each is  two years (there is a discrepancy between the website information and the application; this information was taken from the city code).
• Four is a quorum.
• Meetings are held on the first Tuesday of every month.

Commission responsibilities include:

• Preparation, adoption, and modification of the comprehensive plan for subsequent approval by the Council;
• Subdivision regulations;
• Zoning ordinances and amendments;
• Conduct studies and provide recommendations of proposed annexations.

April 2022

The Commission and the Council denied a request to rezone 17 acres from residential to commercial due in part to a pending update for commercial land uses, and to the development of a Future Land Use Plan and map being developed as part of the city’s new comprehensive plan.

[Katy City Council denies request to rezone 17 acres of residential land for commercial use, urged by residents and city officials | Community Impact]