Katy council declines ordinance after developer pursues removal of 81.36 acres from city ETJ

The Katy City Council on Jan. 13 rejected an ordinance that would have accepted a petition to remove 81.3622 acres from the city's extraterritorial jurisdiction (ETJ) in Harris and Waller counties.

City staff told council members the developer invoked the statutory 45‑day process available under recent ETJ rules, arguing the property could not meet Katy's lot‑size and detention requirements for the kind of residential subdivision the developer proposes. Staff said the owner seeks smaller lots — the developer had sought roughly 45‑foot lots, the staff explanation showed — and prefers to attach to a municipal utility district closer to the property.

Council members pressed staff on what authority the city retained under the new ETJ framework and whether delay or alternative oversight was possible. Staff advised there is no legal mechanism to prevent the removal once the developer used the 45‑day statutory process; a tabling or delay would not stop the property from leaving Katy's ETJ by operation of law.

Council members also asked about flood control and detention. Staff said developers will have to follow Harris County Flood Control requirements and any easements held by local drainage districts; the property contains wetlands and portions of floodway that could limit development.

Because the petition used the statutory procedure, staff characterized the action as effectively outside the council's ability to deny. After discussion the council voted; the motion to accept the petition failed.

Next steps: council members said staff would monitor drainage plans through Harris County and local drainage districts and continue outreach with the owner to explore options that might allow future coordination with Katy's standards.