PDF Packet

 CITY OF BAYTOWN
NOTICE OF MEETING
PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, JULY 19, 2016
5:00 P.M.
COUNCIL CHAMBER, CITY HALL
2401 MARKET STREET
BAYTOWN, TEXAS 77520
AGENDA
CALL TO ORDER AND ANNOUNCEMENT OF QUORUM
1.
MINUTES
a.
Consider approving the regular meeting minutes of the May 17, 2016, Planning and
Zoning Commission meeting.
2.
ZONING
a.
Conduct the first public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 2.03 acres of land, located along the City limits on the south
side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9,
Block 22, Highland Farms, Harris County, Texas, from Open Space/Recreation (OR) to
General Commercial (GC).
b.
Conduct the first public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 7.45 acres of land, located at 5523 Garth Road which
includes the remainder tract that is currently not in the City limits and legally described as
part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County,
Texas, from Open Space/Recreation (OR) to General Commercial (GC).
c.
Consider making a recommendation and preparing a report concerning the granting of a
special use permit for a Recreational Vehicle Park consisting of approximately 11.0 acres
at 1512 Jones Road, legally described as Baytown Marina Reserve, Harris County, Texas.
3.
BUSINESS ITEMS
PLANNING AND ZONING COMMISSION
1. a.
Meeting Date: 07/19/2016
Subject:
Consider approving the regular meeting minutes of the May 17, 2016 meeting
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nai Mongiello, Planning and Development Services
Information
ITEM
Consider approving the regular meeting minutes of the May 17, 2016, Planning and Zoning
Commission meeting.
PREFACE
The minutes of the May 17, 2016, Planning and Zoning Commission regular meeting are attached
for your review. RECOMMENDATION
Staff recommends approval.
Attachments
Minutes
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CITY OF BAYTOWN
PLANNING AND DEVELOPMENT SERVICES
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
May 17, 2016
The Planning and Zoning Commission met at 5:00 p.m. on Tuesday, May 17, 2016, in the Council
Chamber at Baytown City Hall located at 2401 Market Street, Baytown, Texas.
Members Present:
Members Not Present:
Staff Present:
Spencer Carnes
Donna Winfrey-Varner
Gilbert Chambers
Benjamin Boul
Mr. Bo Cox
R.D. Burnside
Chairman
Member
Member
Member
Member
Member
Shawn McDonald
Brandon Benoit
Pete Côté
Vice-Chair
Member
Member
Tiffany Foster
Karen Horner
Nathan Dietrich
Harold Cheek
Shelly Shelton
Nai Mongiello
Planning Director
Assistant City Attorney
Senior Planning Manager
Comprehensive Planner
Planner II
Administrative Assistant
CALL TO ORDER
Chairman Spencer Carnes called the May 17, 2016, Planning and Zoning Commission meeting to
order at 5:00 p.m., with a quorum present.
1. MINUTES
a. Consider approving the meeting minutes of the April 19, 2016, Planning and Zoning
Commission Meeting.
Mr. Bo Cox motioned to approve the minutes of the April 19, 2016, Planning and Zoning Commission
meeting as written, seconded by Ms. Donna Winfrey-Varner. Mr. Gilbert Chambers stated that he would
like to bring to the attention of Ms. Foster that there was a motion about “containers” being referred to as
“shipping containers” that he believes was made at the meeting but it was not included in the minutes.
Ms. Foster stated that she would check the minutes adding that this item has not been presented to City
Council. Motion PASSED unanimously.
Chairman Carnes moved Item 5.a. up on the agenda.
5. BUSINESS ITEMS
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a. Consider the installation of four (4) stop signs on Ward Road, as follows: two stop signs
(east/west) at the intersection of Danubina Street and Ward Road, and two stop signs
(east/west) at the intersection of McFarland Street and Ward Road.
Mr. Joe Jobe summarized the item.
Mr. R.D. Burnside motioned to approve placement of the stop signs, seconded by Mr. Bo Cox. Motion
PASSED unanimously.
2. PLANS
a. Consider approving Hunters Creek General Development Plan, being approximately 138
acres, generally located east of Sjolander Road and south of Needlepoint Road, legally
described as a part of and out of the William Bloodgood Survey, Abstract 4, Harris County,
Texas.
Mr. Harold Cheek summarized the item.
Ms. Donna Winfrey-Varner motioned to approve the general plan, seconded by Mr. Burnside. Motion
PASSED unanimously.
3. PLATS
a. Consider approving Hunters Creek Section 4 Preliminary Plat, being approximately
16.8 acres generally located south of Needlepoint Road and east of Sjolander Road, legally
described as part of and out of the William Bloodgood Survey, Abstract 4, Harris County,
Texas.
Mr. Cheek summarized the item.
Mr. Cox motioned to approve the preliminary plat, seconded by Ms. Winfrey-Varner. Motion PASSED
unanimously.
b. Consider approving Hunters Creek Section 7 Preliminary Plat, being approximately
15.0 acres generally located south of Needlepoint Road and east of Sjolander Road, legally
described as part of and out of the William Bloodgood Survey, Abstract 4, Harris County,
Texas.
Mr. Cheek summarized the item.
Mr. Burnside motioned to approve the preliminary plat, seconded by Mr. Cox.
unanimously.
Motion PASSED
c. Consider approving Goose Creek Reserve Section 1A Final Plat, a subdivision of
approximately 8.76 acres, in the Harvey Whiting Survey Abstract No. 840, being a replat of
Lots 27-31, Country Club Oaks Section Eight, recorded in Volume 316, Page 132, Harris
County Map Records, and Lots 23-25, Country Club Oaks Section Eleven, recorded in
Volume 346, Page 130, Harris County Map Records, Harris County, Texas.
Ms. Shelly Shelton summarized the item.
Mr. Cox motioned to approve the final plat, seconded by Mr. Burnside. Mr. Chambers asked if there was
any information on moving the lift station to construct the road. Mr. Ajay Shakyaver stated that
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decommissioning the lift station was not a condition of the final plat as there is full water and sewer
service to Section 1A. Motion PASSED unanimously. Mr. Chambers and Mr. Benjamin Boul abstained
from the vote as they have a conflict of interest.
4. ZONING
Chairman Carnes read the procedures for public hearings.
a. Conduct the second public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 1.77 acres of land, save and except land previously annexed
(approximately 1.19 acres) by Ordinance No. 5,388, located at 6822 North State Highway
146, legally described as part of and out of Jacob Armstrong Survey, Abstract No. 2,
Chambers County, Texas, leaving 0.58 acres from Open Space/Recreation (OR) to General
Commercial (GC).
Ms. Shelton summarized the item.
With no one desiring to speak, Chairman Carnes closed the public hearing.
b. Consider making a recommendation and preparing a report concerning a proposed
amendment to the official zoning map to rezone approximately 1.77 acres of land, save and
except land previously annexed (approximately 1.19 acres) by Ordinance No. 5,388, located
at 6822 North State Highway 146, legally described as part of and out of Jacob Armstrong
Survey, Abstract No. 2, Chambers County, Texas, leaving 0.58 acres from Open
Space/Recreation (OR) to General Commercial (GC).
Ms. Shelton summarized the item.
Mr. Cox motioned to recommend approval and prepare a report, seconded by Mr. Burnside. Motion
PASSED unanimously.
c. Conduct the second public hearing concerning the granting of a special use permit for a
Recreational Vehicle Park consisting of approximately 11.0 acres at 1512 Jones Road,
legally described as Baytown Marina Reserve, Harris County, Texas.
Mr. Cheek summarized the item highlighting amendments to the staff report as follows:
“The development potentially increases rather than decreases the adverse effects of polluted runoff
discharges as no storm water management facilities are proposed for this area that will be disturbed by the
development. Additionally the recreational vehicle park is in the floodway so there is real risk of sanitary
sewer infiltration and overflow discharging into Cedar Bayou if placed in this location”. Mr. Cheek
reminded the Commission that it has the authority to propose additional conditions, over and above the
Code of Ordinances, on a development through a special use permit. He concluded with a review of
numbers six and seven of staff’s recommended conditions, which were added to the report. These two
conditions recommend a water-tight sewer connection and an early-warning system for flash flooding.
Mr. Mike Lester is opposed to the development and stated that he is appreciative of the conditions that
were added to the report. He stated that the sewer connections won’t work if the resident is away or
evacuating in an emergency situation as the resident will not have an opportunity to disconnect the sewer.
He also cited traffic, flooding and debris being washed into Cedar Bayou as reasons for his disapproval.
Mr. Reggie Brewer is opposed to the development and cited flooding, inappropriate location and property
loss as reasons for his disapproval.
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Mr. Lane Cline, an investor in the development, stated that there will be a thirty-hour warning system in
place. He described the water-tight sewer system and the lift station that will be upgraded. Mr. Cline
stated that the park will be constructed in the highest part of the lot and stated that the amount of traffic
has been overestimated. Mr. Burnside asked if they plan to raise the elevation of the park; Mr. Cline
replied that it is already elevated and they have no plans to change the elevation.
Olivia Myers declined to speak.
Jeff George, representing the owner of the property, encouraged the Commission to recommend approval
of the special use permit. He stated that in his experience, RV Parks do not generate very much traffic as
the residents are looking for a quiet place to relax. He added that the current owner of the property raised
the property by three feet. He also noted that, without the permit, the property is useless for anything
except a marina.
Diana Larson is in favor of the development. She stated that her property doesn’t flood and she is looking
forward to the improvement of Jones Road.
Warren Treptow, one of the investors, stated that the marina has been in operation since approximately
1970. If they are not able to develop this property into an RV Park, they will expand the marina and
possibly open the bar. He added that an appeal to the denied Watershed Protection Zone variance has
been filed and asked if this discussion could be tabled until the outcome of the appeal.
With no one else desiring to speak, Chairman Carnes closed the public hearing.
d. Consider making a recommendation and preparing a report concerning the granting of a
special use permit for a Recreational Vehicle Park consisting of approximately 11.0 acres at
1512 Jones Road, legally described as Baytown Marina Reserve, Harris County, Texas.
Mr. Burnside motioned to table this item, seconded by Mr. Cox. Motion PASSED unanimously.
e. Conduct the second public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 12.8 acres, located approximately 900 feet east of the
intersection of State Highway 146 and Old Needlepoint Road, legally described as part of
and out of William Bloodgood Survey, Abstract No. 4 and Restricted Reserve “G”, Block 1,
Chambers Town Center Minor Replat No. 3, Baytown, Chambers County, Texas, from
General Commercial (GC) to Mid-rise density mixed residential dwellings units (MF2).
Ms. Shelton summarized the item adding that in addition to the 12 letters of opposition that were
presented to the Commission at the last meeting, there were an additional 16 emails and letters submitted
to the Planning Staff. These additional documents were submitted to the Commission. Ms. Shelton
summarized the communications, which were all in opposition to the rezoning, citing the following
reasons for disapproval:
• Increased traffic;
• Insufficient drainage;
• Lowered property values; and
• Inappropriate use of the land
Ms. Shelton stated that the land use is consistent with Future Land Use Plan.
Mr. Bobby Hall, County Engineer of Chambers County, stated that he has concerns including:
• Old Needlepoint Road is insufficient; Chambers County has no funds or plans to improve the
road;
• Utilities on either side of Old Needlepoint Road are an issue;
• Insufficient drainage; and
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• Increased traffic in an already-congested area.
He also stated that the applicant has submitted a drainage concept and at midday they submitted the
Traffic Impact Analysis (TIA) but it has not been reviewed.
Byron Wade stated he is opposed to the rezoning. He cited increased traffic, increased crime, insufficient
drainage and a market saturated with apartments as reasons for his disapproval. He added that he believes
the best use of the property is commercial development and he is glad there is a traffic study planned.
Henri Adar stated he is opposed to the rezoning due to the hardship it will impose on Barbers Hill
Independent School District (BHISD).
Kate Good, with Hunington Residential, Inc., stated that rent for the proposed development will be at the
top of the market and that prospective residents would be approved based on income and will be
subjected to a background check. They impose occupancy limits, the access gates would be controlled,
and 30% of the property would be dedicated to detention.
Brandon Guillory, with Kimley-Horn, stated that the TIA determined no negative impact to the existing
infrastructure in the area, a traffic signal is not warranted and no mitigation measures are needed for SH
146. He added that a commercial development would generate more traffic than this development and
that construction vehicles would be bonded for any damage sustained to Old Needlepoint Road. A
drainage analysis was submitted to the City, Chambers County and TXDot; it has been approved by
TXDot.
Sandy Aaron, CEO of Hunington Residential, Inc. stated that school busses would have ample access to
the property. He stated that he was involved in a development on Kilgore Parkway but it would have been
over two years before they would have broken ground and that was not desirable so they abandoned that
development and moved to this location. They have no involvement in new power lines along Old
Needlepoint Road.
Brenda Medina, Treasurer of the Pine Meadows HOA, is opposed to the rezoning. She cited traffic as her
reason for disapproval.
Brian Wood, President of the Pine Meadows HOA, is opposed to the rezoning as he feels that the best use
of the property is a commercial development. He cited increased traffic, increased crime, the
unsightliness of an apartment complex and the need for more commercial development as reasons for his
disapproval.
Anabel Briones, a Pine Meadows resident, is opposed to the rezoning as she feels that the best use of the
property is for commercial development. She cited increased traffic, increased crime and decreased
property values as her reasons for disapproval. She added that multi-family development in this location
isn’t consistent with the City’s goals.
Rusty Senac, Chambers County Commissioner, stated that he is speaking on behalf of his constituents in
asking the Commission not to support the rezoning application.
Dr. Greg Pool, Superintendent of BHISD, is opposed to the rezoning as he is concerned about the impact
on BHISD. He presented the Commission with an information packet and referred to a report stating the
site is not suitable for the proposed development. He referred to an agreement with the developer of
Walmart that there would be no multi-family development. Dr. Pool also stated that BHISD was not
contacted by the developer to inquire about impact to the school district. He expressed concerns about
increased traffic and lowering the median income of Chambers County.
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Stan Frazier, Assistant Superintendent of Planning and Operations at BHISD, is opposed to the rezoning.
He cites the logistics of operating a school bus on SH 146 in this area and navigating the bus on the
proposed boulevard.
Sandra Duree is opposed to the rezoning as she believes the best use of the property is commercial
development. She stated that the only beneficiaries of a multi-family development are the developers.
She cited increased traffic, increased demand on Chambers County Law Enforcement Officers, decreased
safety and increased demands on the Fire Department.
Becky McManus, CFO of BHISD, is opposed to the rezoning as she is concerned about the impact on
BHISD. She explained the great lengths to which BHISD goes to plan for growth in their district and
cited the fact that BHISD has never had a temporary building on any of their campuses as proof that their
effective planning is successful.
Barbara Ponder, Assistant Superintendent for Personnel Services, is opposed to the rezoning as she is
concerned about the impact on BHISD.
With no one else desiring to speak, Chairman Carnes closed the public hearing.
Mr. Cox stated that he owns property close to this property and it would be positively affected by this
development; therefore, he would refrain from discussion of or voting on this item.
f.
Consider making a recommendation and preparing a report concerning a proposed
amendment to the official zoning map to rezone approximately 12.8 acres, located
approximately 900 feet east of the intersection of State Highway 146 (SH 146) and Old
Needlepoint Road, legally described as part of and out of William Bloodgood Survey,
Abstract No. 4 and Restricted Reserve “G”, Block 1, Chambers Town Center Minor Replat
No. 3, Baytown, Chambers County, Texas, from General Commercial (GC) to Mid-rise
density mixed residential dwellings units (MF2).
Ms. Shelton stated that the applicant and several in the audience were not aware that the Commission is a
recommending body and will not be making a final decision.
Mr. Burnside stated that he feels that the property should stay general commercial and further commercial
development should be allowed to develop.
Mr. Burnside motioned to recommend the zoning of the property not be changed, seconded by Mr.
Chambers.
Ms. Winfrey-Varner asked the following questions for clarification:
• Will the boulevard on SH 146 be the only public access leaving the access on Old Needlepoint
Road for emergency vehicles only? The applicant answered yes.
• How many lanes would the boulevard be? The applicant answered two lanes.
• What is the length of the boulevard? The applicant answered 800 feet.
• Will the access be a right in and right out configuration? The applicant answered yes.
• In what school district are the new homes on Sjolander? The answer was Goose Creek.
• Why was the agreement with the developer not honored? Dr. Pool answered that the agreement
with the developer involved him and a county judge. He stated that the developer agreed that
there would be no multi-family housing in the Walmart development and Chambers County
agreed to allow the developer to use the County’s infrastructure. Per Dr. Pool, the developer has
since stated that he believed that the agreement was concerning low-income multi-family
housing.
• Was the agreement with the applicant? No, the agreement was with the developer of Walmart.
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•
What are the results of the SH 146 traffic access study being completed by HGAC? That study
won’t be complete for at least a year.
• How will schools buses navigate the boulevard? The applicant stated that the access boulevard
would be designed to accommodate the buses.
• Is there only one access point for emergency vehicles? No, SH 146 is an access point as well as
Old Needlepoint Road.
• Is the submitted drainage plan insufficient? The County’s review process is not complete.
• Will residents of the apartments be able to see into the homes of residents of Pine Meadows? Ms.
Good stated that the distance between the homes and the development would make it impossible
to see into resident’s windows.
• How would BHISD deal with the influx of students? Dr. Pool stated that the school district
would manage.
Mr. Chambers asked about agreements between the City and Chambers Town Center. Ms. Foster stated
that Chambers Town Center is a Limited Purpose Annexation which gives the City some jurisdiction
including: land use, detention and drainage. Ms. Karen Horner stated that our agreement is actually with
Chambers County MUD #1. The developer built the infrastructure and turned it over to MUD #1. The
covenants on Chambers Town Center are not part of this process. Motion PASSED unanimously with
Mr. Cox abstaining.
g. Consider the election of a Chairperson and a Vice-Chairperson of the Planning and Zoning
Commission in accordance with Section 2-322 of the Code of Ordinances, Baytown, Texas.
Chairman Carnes nominated Mr. Shawn McDonald for Chairman and Mr. Cox for Vice-Chairman.
Mr. Burnside motioned to close nominations, seconded by Ms. Winfrey-Varner. Although Mr.
McDonald was not present at the meeting, Chairman Carnes stated that he had spoken to him and he is
willing to accept the nomination. Motion PASSED. Mr. Cox objected to his own nomination.
7. DIRECTOR’S REPORT
a. Present a report regarding action taken by City Council on planning and zoning items.
Ms. Foster thanked the Commission for their hard work. There were two ULDC text amendments heard
by Council:
• To remove NSC from the ULDC; the item was approved; and
• To add nursing homes and assisted living facilities to NSC with conditions; the item was
approved
Staff is reconsidering an item regarding increasing the buffer between residential and NSC uses as
Council would like to consider some options on the type of buffer.
Mr. Chambers asked about the WPZ Variance applied for by the developers of the proposed RV Park.
Ms. Foster explained that Council denied the variance request. Mr. Chambers asked if they could build
within the 200 feet of the WPZ. Mr. Dietrich explained that, if the variance had passed, they could build
pads in the 200 foot Watershed Protection zone but not within the 75 foot vegetation buffer along the
Bayou; by removing this area from the construction area it would approximately remove 33 pads sites
from the current plan.
7. ADJOURN
Chairman Carnes called for the meeting to adjourn at 7:05 p.m.
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From: SANDRA DUREE [mailto:SDUREE@bhisd.net]
Sent: Wednesday, May 11, 2016 12:26 PM
To: Nathan.Dietrich
Subject: FW: Multi-family housing
Mr. Deitrich-I want to express my concern regarding the multi-family housing facility that will be
discussed at the Planning and Zoning committee meeting on May 17th. My concerns are two-fold. First,
as person who lived, taught, and worked in Baytown for 35 years, I can honestly say, apartment
complexes certainly did not improved the community, especially over time. When this type facility first
opens, it is nice and people are willing to pay market value to live there. However two or three decades
later, those same facilities are no longer able to attract the same type of family. I actually lived in
apartments when we first moved to Baytown. Those apartments are now a hotbed for crime and
poverty. One way to reduce the crime and poverty in the greater Baytown area is to minimize the
number of multi-family housing units.
Secondly, when services, such as water and sewer, were provided by the county, school district and
county officials were assured that it was only for the commercial property and would NOT involve multifamily housing. I would encourage the committee and the developer to uphold that commitment.
Thank you for your thoughtful consideration of this matter.
Sandra Duree
If you are not the appropriate person to address this concern, please let me know to whom I should send
my concerns.
Confidentiality Note: This email and any attachment to it is confidential and protected by law
and intended for the use of the individual (s) or entity named on the email. If the reader of this
message is not the intended recipient, you are hereby notified that any dissemination or
distribution of this communication is prohibited. If you have received this communication in
error, please notify the sender via return email and delete it completely from your email system.
If you have printed a copy of the email, please destroy it immediately. Thank you.
From: STAN FRAZIER [mailto:SFRAZIER@bhisd.net]
Sent: Wednesday, May 11, 2016 1:38 PM
To: Nathan.Dietrich
Subject: Zoning Change of Plans:
Nathan,
It has come to my attention that the developer of the Wal-Mart Property off I-10 and 146 has
reneged on an agreement with county officials and BHISD Superintendent Greg Poole without
any subsequent discussion. I feel this rescinding of a commitment is wrong and I stand firmly
against the proposed change in zoning for multi-family unit housing. I give permission for this
to be entered into the record and be read aloud at any possible future meeting.
Thanks,
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Stan Frazier, RTSBA, ATEM, M.Ed
Assistant Superintendent Planning & Operations
Barbers Hill I.S.D.
9600 Eagle Drive; (P.O. Box 1108)
Mont Belvieu, TX 77580
Office - 281.576.2221 ext. 1253
Mobile - 281.838.9187
Fax - 281-576-3414
sfrazier@bhisd.net
Confidentiality Note: This email and any attachment to it is confidential and protected by law
and intended for the use of the individual (s) or entity named on the email. If the reader of this
message is not the intended recipient, you are hereby notified that any dissemination or
distribution of this communication is prohibited. If you have received this communication in
error, please notify the sender via return email and delete it completely from your email system.
If you have printed a copy of the email, please destroy it immediately. Thank you.
Mr. Dietrich:
Please provide the following letter to P and Z members for consideration. Thank you.
Ronnie Anderson
(713) 201-6136
I would like to register my personal vote against any change from the Planning and Zoning
Commission to allow additional multi family complexes in the Baytown ETJ and specifically any area that
is defined within the BHISD. It is a known fact that multi family units will eventually create academic
issues within the school system. Two examples of cities that have restricted multi family construction in
order to maintain the integrity of their school systems are Deer Park, Texas and South Lake, Texas.
Regardless of what the developer tells you about the "quality" of the facilities they want to construct,
these are absentee owners, in this business for the profit and not concerned about the eventual upkeep
and condition. Look at how many apartment complex owners the City of Baytown has had to sue over
the years and eventually, at taxpayer expense, had to demolish using city funds.
Multi family complexes also become pockets of crime centers. Check with the Baytown Police Dept. and
see how much crime comes out of many of the existing apartment complexes. I served on the Baytown
City Council when we were faced with, and forced to approve, Section 8 multi family housing units. The
high concentration of existing multi family units eventually led to the forced inclusion of government
subsidized housing, which in my opinion has also been a factor in the academic difficulties experienced
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by GCCISD. P and Z has an opportunity to take a stand for the future of Baytown and the surrounding
areas by saying NO to future development of multi family housing units.
Ronnie Anderson
From: Matt Gilbert [mailto:mattgilbert44@yahoo.com]
Sent: Monday, May 09, 2016 8:51 AM
To: Nathan.Dietrich; info@careng.net
Subject: Apartments in BHISD School District
Mr. Detitrich,
We have been informed that you are considering a change in zoning for multi-family housing at, or near
the Walmart site.
We, the citizens, are strongly against approving this change in zoning.
Our understanding is that this was removed from the original plans in order to receive concessions from
the County.
Problem is, you can't agree to removing them in order to get what you want, then come back later and
put them back in.
They are trying to have their cake and eat it too!
My recommendation to the County, if possible, would be to rescind concessions to the developer, if
they end up building apartments on the site.
Please consider the citizens position and do not change the zoning to appease these developers!
Sincerely,
Matt Gilbert
2 del sol ct Baytown, Texas 77521
From: Judy Terry [mailto:judyterry46@gmail.com]
Sent: Saturday, May 07, 2016 9:25 AM
To: Nathan.Dietrich
Subject: Multi-family housing
I have been informed that you are considering a change in zoning for multi-family housing at, or near.
the Walmart site.
As a homeowner in Chambers County, I am strongly against approving this change in zoning.
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My understanding is that this was removed from the original plans in order to receive concessions from
the County.
Problem is, you can't agree to removing them in order to get what you want, then come back later and
put them back in.
My recommendation to the County, if possible, would to rescind their concessions to the developer, if
they end up building apartments on the site.
Please consider the citizens position and do not change the zoning to appease Walmart!
Sincerely,
Ray & Judy Terry
-----Original Message----From: Jim Bergstrom [mailto:jberg1957@yahoo.com]
Sent: Thursday, May 05, 2016 2:26 PM
To: Nathan.Dietrich
Subject: Possible rezoning for apts
Please do not consider rezoning land near Walmart to allow apts. That would be a formula for disaster.
Thank you for hearing from a concerned Mont Belvieu citizen.
Jim Bergstrom
Sent from my iPhone
From: Josh DiGulio [mailto:jdigulio@pfeifferandson.com]
Sent: Thursday, May 05, 2016 12:26 PM
To: Nathan.Dietrich
Subject: Apartments in BHISD school zone
Nathan,
I have been informed that you are considering a change in zoning for multi-family housing at or near the
Walmart site.
I ask that you strongly reconsider, as this will greatly impact the surrounding community. In addition to,
adding to the already over congested area. As a responsible citizen we should consider the
overcrowding of our schools and youth organizations.
Thank you and please take this into consideration.
Josh DiGulio
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-----Original Message----From: SHANE MCBRIDE [mailto:SMCBRIDE@bhisd.net]
Sent: Thursday, May 05, 2016 10:36 AM
To: Nathan.Dietrich
Subject: Apartments
I am highly against having these apartments in this location.
I worked for the City of Mont Belvieu for several years. We had several apartment complexes and the
problems that the apartments brought far out weighed and good.
Please consider my request not to allow this complex to be built at this location
Sincerely,
S. McBride
Sent from my iPhone
Confidentiality Note: This email and any attachment to it is confidential and protected by law and
intended for the use of the individual (s) or entity named on the email. If the reader of this message is
not the intended recipient, you are hereby notified that any dissemination or distribution of this
communication is prohibited. If you have received this communication in error, please notify the sender
via return email and delete it completely from your email system. If you have printed a copy of the
email, please destroy it immediately. Thank you.
-----Original Message----From: Nick Snell [mailto:nick@usateamspirit.com]
Sent: Wednesday, May 04, 2016 10:00 AM
To: Nathan.Dietrich
Subject: Re: Apartments in BHISD school zone
We understand the request in zoning is from the developers.
The question is whether or not the committee is going to approve the changes or not?
All hell will break loose if it does.
NS
Sent from my iPhone
Dear Mr. Dietrich,
The purpose of this letter is to formally register my vote against any change from Baytown's Planning
and Zoning Commission to allow additional multi-family complexes in the Baytown ETJ, and more
specifically, any property that is within the Barbers Hill Independent School District.
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The developer committed to the Barbers Hill ISD Superintendent that multi-family housing would be
removed from the future plans of the Chambers Town Center development. I read the article in The
Baytown Sun stating that Newquest Properties is requesting the zoning be changed from general
commercial to an MF2. This is despite the developer's previous commitment to the school district.
I have been a resident of the city of Mont Belvieu for 15 years, and I have lived in the Barbers Hill ISD
area for 30 years. I have young children now that will be attending Barbers Hill ISD for the next 13 plus
years. I strongly oppose this request.
Our community values home ownership. Because this is our county, our community, and our schools
that will feel the impact of this development, our community's concerns should weigh most heavily
when you are reviewing this proposal. I am asking that the P&Z Commission deny this request.
I give my permission for this to be entered in the record and be read aloud at any future meeting where
this topic is addressed.
Thank you,
Calyn Wesson
25
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31
32
33
PLANNING AND ZONING COMMISSION
2. a.
Meeting Date: 07/19/2016
Subject:
First Public Hearing - Zoning Map Amendment for approximately 2.03 acres from
OR to GC.
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services
Information
ITEM
Conduct the first public hearing concerning a proposed amendment to the official zoning map to
rezone approximately 2.03 acres of land, located along the City limits on the south side of Archer
Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms,
Harris County, Texas, from Open Space/Recreation (OR) to General Commercial (GC).
PREFACE
This is the first public hearing regarding the rezoning of approximately 2.03 acres along the City
limits across from El Toro on Garth Road, Harris County Texas, from OR to GC.
The subject property is vacant and outside the city limits. An annexation petition has also been
submitted and is being processed concurrently.
The purpose for rezoning the property is for future commercial development.
The application, supporting documentation, and staff report are attached for your review.
RECOMMENDATION
This is the first public hearing.
Attachments
Application and Supporting Documents
Vicinity Map
Notification Area
Staff Report
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39
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45
5901
µ
µ
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1210
923
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Zoning Map
Amendment
Approximately 2.03
acres near the SW
corner of Garth and
Archer, from OR to GC
5818
!
5807
!
Subject Property
City Limit
5814
!
5810
!
5702
!
400
300
200!
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100
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5628
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5626
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1009
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1007
IH 10
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SH
5612
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SH 1
46
5701
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0
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!
5610
5523
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Document Path: G:\Maps_By_Baytown\Planning Staff\Garth_Rd_5800_Annexation_Bushes_Chicken\GIS\Garth_Rd_5801_Annexation_Bushs_Chickent_8-5x11L_20160628.mxd
46
SH 1
The City of Baytown Texas makes no warranty,
representation, or guarantee regarding the
accuracy
of this map. This map is intended for
2014-07-09
display purposes only and does not replace
official recorded documents.
1 inch = 195 46
feet Date 2016-07-01
GC
MF2
µ
µ
MU
GC
Zoning Map
Amendment
GC
GC
Approximately 2.03 acres
near the SW corner of Garth
and Archer, from OR to GC
GC
SL
Subject Property
Properties_to_be_Notif...
RD
CHE R
MU
MU
GC
MU
GC
!
!
H RD
GA R T
GC
THOMA
S
RD
!
GC
MU
GC
GC
!
MU
GC
GC
HI (Heavy Industrial)
LC (Livable Center)
LI (Light Industrial)
MF2 (Mid-Rise Mixed
Res.)
MU
NSC (Neighborhood
Serving Commercial)
MU
MU
OR (Open
Space/Recreation)
MU
PARD
SHEP
MU
GC
MF3 (High Density Mixed
Res.)
MU (Mixed Use)
GC
GC
GC (General
Commercial)
MF1 (Med. Density Mixed
Res.)
H RD
N OR T
GC
Harris Parcels 2016
ACE (Arts, Cultural and
Entertainment)
GC
GC
City Limit
MU
MU
SF1 (Low Density SingleFam. Res.)
SF2 (Mixed Res.
Low/Med. Density)
SFE (Single-Fam. Estate)
UN (Urban
Neighborhood)
RD
IH 10
GC
GC
GC
C ON N A
LLY RD
RD
0
33
SL
H
SOUT
SH
GC
GC
GC
GC
SH 1
46
W AR
300' Property Selection
Zone
MF2
GC
GC
MF2
GC
SL
SL
GC
Document Path: G:\Maps_By_Baytown\Planning Staff\Garth_Rd_5800_Annexation_Bushes_Chicken\GIS\Garth_Rd_5801_Annexation_Bushs_Chickent_8-5x11L_20160628.mxd
GC
46
SH 1
The City of Baytown Texas makes no warranty,
representation, or guarantee regarding the
accuracy
of this map. This map is intended for
2014-07-09
display purposes only and does not replace
official recorded documents.
1 inch = 343 47
feet Date 2016-07-06
Staff Report
RNP Baytown, LLC
Zoning Map Amendment
Requested Action: Zoning Map Amendment request to change the zoning designation
from Open Space/Recreational (OR) to General Commercial (GC).
Applicant: RNP Baytown, LLC and BCU Baytown, LLC
Subject Property: Is approximately 2.034 acres of land, located along the City limits on
the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8
and 9, Block 22, Highland Farms, Harris County, Texas.
Parcel Information
Current Use: Vacant land
Proposed Use: Commercial
Future Land Use Plan: Commercial Corridor
Adjacent Parcel Information
North: Peace Tabernacle United Church, GC and outside the City limits
South: Vacant, (ETJ)
East: Vacant and Garth Road, (GC)
West: Vacant, (ETJ)
Staff Analysis (Background):
The subject property is vacant, outside the City limits and next to a strip of land about
300 feet deep running along Garth that is inside the City limits. The purpose of the
request to rezone to GC is for commercial development. The applicants submitted a
petition for annexation which is processing concurrently with this change of zoning
request. The proposed developments will have frontage on two arterials, Garth and
Archer Roads. Water and sewer are available, and the request is consistent with the
Future Land Use Plan as it is designated as Commercial Corridor.
In order to recommend approval of an application for a zoning amendment, the
Planning and Zoning Commission shall consider the following factors:
1. Consistency with guiding documents.
The request is consistent with the Baytown 2025 Comprehensive Plan and the
Future Land Use Plan, as it is a goal to have a healthy and vibrant local economy. An
objective to meet this goal is to encourage development, such as new homes and
businesses. By encouraging development, Baytown attracts investors and
developers. The FLUP Land Use Narratives below:
48
Commercial Corridors (Red)
May accommodate all types of commercial activity, including “big box”, medical
services, restaurants, entertainment, offices, and large multi-family
development.
Corridors of commercial activities with variable depths along or near major
arterials and freeways.
Improved traffic mobility by discouraging continuous commercial strips with
numerous driveways along major streets.
Commercial corridor proposed along the east side of Wade Road, south of IH 10,
as a buffer between existing rail yards west of Wade Road and proposed
residential use to the east toward Goose Creek.
2. Compatible with the Surrounding Area.
The surrounding area to the west is outside the City limits and vacant; across Archer
Road to the north is occupied by a church and zoned GC. Garth Road is the major
business and commercial thoroughfare in Baytown so commercial development would
be conducive with the surrounding uses along that commercial strip. The land
immediately adjacent to the subject property is currently vacant.
3. Promotion of health, safety, or general welfare.
The proposed development will be required to meet all codes which promote the
health, safety and welfare of the community. The location of commercial uses in the
commercial cluster along Garth Road and Archer Road is appropriate as the businesses
will provide convenience, jobs and more choices to Baytown consumers.
4. Facilitation of infrastructure.
Any needed infrastructure would be constructed with the development.
5. There are changed conditions.
Due to the recent publicity regarding the refineries’ expansions, all types of
development including commercial, single-family residential and multifamily have
increased.
6. Effect on natural environment.
The proposed commercial project will be greenfield development, but has limited
impact on the natural environment other than additional impervious coverage and loss
of habitat.
7. Community need.
This development would stimulate the local economy by increasing the tax base and
jobs and provide additional choices for consumers in Baytown.
Public Notification: Public notification was posted at the city website and City Hall on,
July 8, 2016 and posted in the Baytown Sun and mailed to surrounding properties on,
July 8, 2016.
49
PLANNING AND ZONING COMMISSION
2. b.
Meeting Date: 07/19/2016
Subject:
First Public Hearing - Zoning Map Amendment for approximately 7.45 acres
adjacent to Aldi's
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services
Information
ITEM
Conduct the first public hearing concerning a proposed amendment to the official zoning map to
rezone approximately 7.45 acres of land, located at 5523 Garth Road which includes the remainder
tract that is currently not in the City limits and legally described as part of and out of Lots 7, 9 and
10, Block 22, Highland Farms, Harris County, Texas, from Open Space/Recreation (OR) to General
Commercial (GC).
PREFACE
This is the first public hearing to rezone approximately 7.45 acres of land, located at 5523 Garth
Road which includes the remainder tract that is currently not in the City limits, and adjacent to the
Aldi's Grocery at the corner of South and Garth Roads.
The subject property is vacant and outside the city limits. An annexation petition has also been
submitted and is being processed concurrently.
The purpose for rezoning the property is for future commercial development. The application,
supporting documentation, and staff report are attached for your review. RECOMMENDATION
This is the first public hearing.
Attachments
Application and Supporting Documents
Vicinity Map
Notification Area
Staff Report
50
51
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55
56
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902
0
6023
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1502
5901
808
CH
W AR
ER R
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903
905
919
923
5818
µ
µ
803
1210
Zoning Map
Amendment
901
5807
5810
0
0
Approximately 7.45 acres
along the City limits next to
Aldi's, from OR to GC
0
5826
0
H RD
N OR T
5702
0
0
5726
!
5628
!
5722
1009
!!
!
5718
921
1007
5622
5618
5602
5523
5518
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5223
0
5416
5415
5402
RD
5318
1202
0
1202
0
5219
914
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IH 10
5222
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0
0
5010
5165
5302
Document Path: G:\Maps_By_Baytown\Planning
Staff\Garth_Rd_5623_Annexation\GIS\Garth_Rd_5623_Annexation_Bushs_Chicken_8-5x11L_20160628.mxd
1310
5318
914
812
906
RD
0
5225
5223
5223
City Limit
0
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PARD
SHEP
5223
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5231
H RD
GA R T
5500
903
SH
5506
5229
914
H
SOUT
5521
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5419
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5700
5523
5610
903
5610
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5626
5319
Harris Parcels
2016
!
5802
ON N A L
LY RD
Subject Property
803
0
0
SH 1
46
5818
46
SH 1
The City of Baytown Texas makes no warranty,
representation, or guarantee regarding the
accuracy
of this map. This map is intended for
2014-07-09
display purposes only and does not replace
official recorded documents.
feet Date 2016-07-05
5002 1 inch = 337 59
GC
SL
MF2
CH
W AR
ER R
D
MU
MU
MU
MU
GC
Zoning Map
Amendment
MU
Approximately 7.45 acres
along the City limits next
to Aldi's from OR to GC
GC
GC
GC
Properties to be Notified
300' Property Selection
Zone
H RD
N OR T
GC
GC
MU
MU
MU
GC
GC
MU
!
!
GC
!
GC
!!
!
GC
MU
MU
GC
MF2 (Mid-Rise Mixed Res.)
MF3 (High Density Mixed
Res.)
MU (Mixed Use)
NSC (Neighborhood
Serving Commercial)
OR (Open
Space/Recreation)
SF1 (Low Density SingleFam. Res.)
SF2 (Mixed Res. Low/Med.
Density)
MF2
GC
UN (Urban Neighborhood)
IH 10
0
33
RD
SL
SL
MU
MU
SH
GC
H RD
GA R T
PARD
SHEP
GC
GC (General Commercial)
SFE (Single-Fam. Estate)
GC
GC
GC
MU
MU
MU
GC
GC
ACE (Arts, Cultural and
Entertainment)
HI (Heavy Industrial)
H RD
SOUT
!
SL
City Limit
MF1 (Med. Density Mixed
Res.)
GC
ON N A L
LY RD
Harris Parcels 2016
LI (Light Industrial)
GC
GC
Subject Property
LC (Livable Center)
GC
SL
MU
MU
MU
GC
GC
SL
µ
µ
MU
SH 1
46
GC GC
MU
MU
MF2
46
SH 1
GC
GC
Document Path: G:\Maps_By_Baytown\Planning Staff\Garth_Rd_5623_Annexation\GIS\Garth_Rd_5623_Annexation_Bushs_Chicken_8-5x11L_20160628.mxd
The City of Baytown Texas makes no warranty,
representation, or guarantee regarding the
accuracy
of this map. This map is intended for
2014-07-09
display purposes only and does not replace
official recorded documents.
GC 1 inch = 337 60
feet Date 2016-07-06
Staff Report
ESV Properties, LP
Zoning Map Amendment
Requested Action: Zoning Map Amendment request to change the zoning designation
from Open Space/Recreational (OR) to General Commercial (GC).
Applicant: ESV Properties, LP
Subject Property: Is approximately 7.45 acres of land, located at 5523 Garth Road which
includes the remainder tract that is currently not in the City limits and legally described
as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas.
Parcel Information
Current Use: Vacant land
Proposed Use: Commercial
Future Land Use Plan: Commercial Corridor
Adjacent Parcel Information
North: Vacant, GC and outside the City limits
South: Vacant, (GC)
East: Vacant and Garth Road, (GC)
West: CenterPoint Infrastructure, (ETJ)
Staff Analysis (Background):
The subject property is vacant, outside the City limits and next to a strip of land about
300 feet deep running along Garth that is inside the City limits. The purpose of the
request to rezone to GC is for proposed future commercial development. The applicants
submitted a petition for annexation which is processing concurrently with this change of
zoning request. The proposed development will gain access off of Garth Road. Water
and sewer are available, and the request is consistent with the Future Land Use Plan as
it is designated as Commercial Corridor.
In order to recommend approval of an application for a zoning amendment, the
Planning and Zoning Commission shall consider the following factors:
1. Consistency with guiding documents.
The request is consistent with the Baytown 2025 Comprehensive Plan and the Future
Land Use Plan, as it is a goal to have a healthy and vibrant local economy. An objective
to meet this goal is to encourage development, such as new homes and businesses. By
encouraging development, Baytown attracts investors and developers. The FLUP Land
Use Narratives below:
Commercial Corridors (Red)
May accommodate all types of commercial activity, including “big box”, medical
services, restaurants, entertainment, offices, and large multi-family
development.
61
Corridors of commercial activities with variable depths along or near major
arterials and freeways.
Improved traffic mobility by discouraging continuous commercial strips with
numerous driveways along major streets.
Commercial corridor proposed along the east side of Wade Road, south of IH 10,
as a buffer between existing rail yards west of Wade Road and proposed
residential use to the east toward Goose Creek.
2. Compatible with the Surrounding Area.
Most of the surrounding area in this tract is vacant except the southeast corner where
Aldi’s is located. The subject property is a tract that was partially previously annexed
along the west right-of-way of Garth Road. Garth Road is a major business and
commercial thoroughfare in Baytown so adding commercial development would be
compatible with the surrounding uses all along this corridor.
3. Promotion of health, safety, or general welfare.
The proposed development will be required to meet all codes which promote the
health, safety and welfare of the community. The location of commercial uses in the
commercial cluster along Garth Road is appropriate as the businesses will provide
convenience, jobs and more choices to Baytown consumers.
4. Facilitation of infrastructure.
Any needed infrastructure would be constructed with the development.
5. There are changed conditions.
Due to the recent publicity regarding the refineries’ expansions, all types of
development including commercial, single-family residential subdivisions and
multifamily projects have increased.
6. Effect on natural environment.
The proposed commercial project will be greenfield development, but has limited
impact on the natural environment other than additional impervious coverage and loss
of habitat.
7. Community need.
This development would stimulate the local economy by increasing the tax base and
jobs and provide additional choices for consumers in Baytown.
Public Notification: Public notification was posted at the city website and City Hall on,
July 8, 2016 and posted in the Baytown Sun and mailed to surrounding properties on,
July 8, 2016.
62
PLANNING AND ZONING COMMISSION
Meeting Date: 07/19/2016
Subject:
Consider: Special Use Permit for RV Resort at 1512 Jones Road
Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Leticia Brysch, City Clerk's Office
2. c.
Information
ITEM
Consider making a recommendation and preparing a report concerning the granting of a special use
permit for a Recreational Vehicle Park consisting of approximately 11.0 acres at 1512 Jones Road,
legally described as Baytown Marina Reserve, Harris County, Texas.
PREFACE
This item includes a revised site plan for the request for a special use permit. The original
consideration item was requesting a special use permit to allow for an RV Park of approximately
11.0 acres, including 100 RV stands on a property that is currently located in a Mixed Use (MU)
zoning district.
The Unified Land Development Code requires that an RV park in the City of Baytown have a
special use permit and be a minimum of five (5) acres in size. Since the property is located along a
protected body of water, a Watershed Protection Zone (WPZ) permit is also required. The WPZ is
measured 200 feet from the shoreline and allows for limited development within that area; no
development is allowed within the first 75 ft from the edge of pubic water bodies where a vegetation
buffer needs to be maintained. The original site plan showed development of RV slips located within
this restricted area of the WPZ. The applicant requested a variance from the WPZ to allow for this
development to occur within its boundary, but the request was denied by City Council on May 12,
2016. At the last Planning and Zoning Commission meeting on May 17, 2016, the second public
hearing for the special use permit was held but the applicant requested that the consideration item be
deferred.
The applicant has revised his request and will continue the use of the marina and add an amendment
to the layout of the RV Park reducing the proposed number of sites from 100 to approximately 60.
As part of the conditions to develop, the applicant intend to improve Jones Road, the sole means of
ingress and egress to the site. If the permit is considered for approval, staff has recommended to
include conditions like additional landscaping, light shielding, a pavement upgrade to Jones Road,
and a traffic impact analysis for traffic along Kilgore and Jones Roads in order to help maintain and
protect surrounding neighbors' health, safety, and welfare.
The proposed Planning and Zoning Commission's Report to City Council is attached for your
63
The proposed Planning and Zoning Commission's Report to City Council is attached for your
consideration.
RECOMMENDATION
Staff recommends approval.
Attachments
P&Z Report to City Council
Revised Sited Plan
Original Site Plan
Email & Attachments from Mr. Swales
Staff Report
64
PLANNING AND ZONING REPORT TO COUNCIL
TO:
FROM:
RE:
DATE:
City Council
Planning and Zoning Commission
Zoning Special Use Permit for RV Resort at 1512 Jones Road.
July 19, 2016
This is the report required to be submitted by the Planning and Zoning Commission per
Section 1.26 of the Unified Land Development Code, Baytown Code of Ordinances to
the City Council. This report also serves as the final report that is to be used by the
Council in its consideration of the amendment as set forth in Section 1.26 of the code.
Background:
This is a request to approve an application for an RV Park of approximately 11.0 acres,
for 60 RV stands on a property that is currently zoned Mixed Use (MU). An RV Park
requires a special use permit prior to the issuance of building permits and the
development must be over five (5) acres in size. The applicant is proposing to add an RV
Park to the former marina and is planning to improve part of Jones Road for access to
the site. Jones Road is considered to be a private road and is the only means of ingress to
the site. The subject property is adjacent to Cedar Bayou so a Watershed Protection
Zone (WPZ) Permit Application is required and additional standards for developing in
the
Flood
Zone
will
also
have
to
be
addressed.
The applicant's original site plan showed that some of the proposed development would
be within the WPZ; therefore, a request for a variance was requested. The variance
application concerning the WPZ was denied by City Council on May 12, 2016, which will
prohibit the applicant’s proposed development to have any improvement within the
vegetative buffer which is the first 75 feet from the shoreline. Both public hearings
concerning this item were attended by several affected neighbors, the majority of which
are opposed to the construction of the RV Park.
Considerations for All Zoning Amendments
In determining whether to approve, approve with modifications or disapprove the special
use permit request, the following factors must be addressed:
1. This special use permit will be compatible with and not injurious to the use
and enjoyment of other property, not significantly diminish or impair
property values within the immediate vicinity in any material way.
The applicant’s proposed use will have a measurable effect since this park will be
adjacent on all sides to single family development. Currently the property is
being used as a marina which was heavily damaged by Hurricane Ike in 2008.
The proposed RV Park would increase traffic having an immediate impact to the
65
area. It would be difficult to predict how this would impact property values in the
surrounding area.
2. This special use permit will not impede the normal and orderly development
and improvement of surrounding property.
This special use permit will not impede the normal and orderly development of
the surrounding property. Upkeep, maintenance and visual aesthetics as well as
what the property will look like in five years are a concern of staff. The
Commission has included a number of conditions at the close of this analysis that
would help to remedy any concerns. The applicant does intend to upgrade Jones
Road to an asphalt road. This improvement would be the first attempt to improve
the ROW and provide the residences along Jones Road an improved road.
3. This special use permit will ensure that adequate utilities, access roads,
drainage and other necessary supporting facilities have been or will be
provided prior to the issuance of a certificate of occupancy.
Adequate facilities will need to be provided for this site. Upgraded utilities for
the site will need to be installed in order to service this development. All utilities
would be shown on an engineering report which would need to be approved by
the City of Baytown’s Engineering Department. Existing utility lines would need
to be upsized and upgraded to service a development like this.
4. This special use permit will ensure that adequate nuisance prevention
measures will be taken and maintained to prevent or control offensive odor,
fumes, dust, noise and vibration prior to the issuance of a certificate of
occupancy.
As per the compatibility requirements of the ULDC, the development will be
required to place an opaque screen around the entire development. In addition to
all required vegetation by the landscape ordinance, the proposed site’s detail
plan shows that additional vegetation will be added within the 20 foot open space
buffer between the park and adjacent single family residential districts.
Additional vegetative buffering will need to be included in order to reduce impact
to the surrounding area. Odor, fumes, dust, and vibration nuisances will definitely
increase due to the mass and scale of this project but will be limited after initial
construction takes place.
5. This special use permit will ensure that there are sufficient landscaping,
screening, setbacks and other land use measures to ensure harmony and
compatibility with adjacent property.
As per the ULDC, the requirements for landscape screening, setbacks and other
restrictions will have to be met. The project will also be required to meet the site
development standards for a Recreational Vehicle Park of Chapter 58 of the
66
Baytown Code of Ordinances. Additional conditions have been identified in the
applicant’s application and site plan like landscaping and upgrading the existing
ingress and egress to proper private road or driveway standards. Conditions like
additional landscaping provided for buffering, screening and aesthetics should
include shielding of light sources to further mitigate any potential effects to the
area.
6. The proposed use is consistent with the comprehensive plan and is generally
consistent with the purposes with the ULDC.
The proposed development is consistent with the comprehensive plan and will
meet all requirements of the ULDC and City Ordinance for RV Parks. Current
zoning is MU which allows for an RV Park if all conditions and ordinances are
met.
7. That the site plan meets the criteria set forth in the ULDC Section 1.26 (e),
where as the planning and zoning commission may recommend and the city
council may adopt other conditions on any special use permit application
that are needed to protect the public health, safety and welfare, including but
not limited to, hours of operation and additional landscape or parking
requirements.
The general site plan for the development is conformance with criteria set forth in
ULDC Section 1.26 (e). In addition to meeting all ULDC standards, Chapter 58,
and all other ordinances, staff suggests that the Commission recommend the
additional conditions listed below.
Conditions:
1. Upgrading of the road will be necessary for adequate fire protection and must
meet current city road specifications.
2. TIA will need to be completed to determine traffic impact to Kilgore and
Jones Roads.
3. The 20 foot open space buffer between all surrounding residential uses (all
adjacent property) will need to be vegetated with: one (1) tree installed every
15 feet, of at least six (6) feet in height when planted, in an alternating
pattern; along with four (4) shrubs, of at least 18 inches in height when
planted, and must be maintained with irrigation.
4. All lighting will be completely shielded from adjacent properties in
accordance with the operational performance standards.
5. Additional landscaping for all common spaces will need to be included in
order to further buffer and provide additional aesthetics for the surrounding
properties.
67
The Commission recommends approval of the proposed special use permit with above
referenced conditions.
Passed, by a majority vote in the affirmative; by the Planning and Zoning Commission of
the City of Baytown the 19th day of July, 2016.
____________________________________
Shawn McDonald, Chairman
City of Baytown
Planning and Zoning Commission
68
CAUTION: UNDERGROUND GAS FACILITIES
5
6
4
7
WARNING: OVERHEAD ELECTRICAL FACILITIES
3
top
8
1
nk
NOTE:
IT SHALL BE THE RESPONSIBILITY OF THE
CONTRACTOR TO LOCATE ALL UTILITIES IN
THE ROAD R.O.W. PRIOR TO CONSTRUCTION.
(TEXAS ONE CALL 1-800-545-6005)
RV
ST
25
ba
AN
DIN
G
2
9
24
SEWER NOTES:
26
12
MAINTAINED.
21
20
19
18
17
G
SDR 35 PVC @ 0.50% SLOPE, UNLESS OTHERWISE NOTED.
28
ND
IN
PO
OL
22
2. ALL SANITARY SEWER LINES SHALL BE
** LEGEND **
29
RV
ST
A
11
1. THE PROPOSED LIFT STATION SHALL BE PRIVATELY
27
23
OF
F
LO ICE
UN &
GE
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POWER POLE
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EXISTING MANHOLE
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ELECTRIC LIGHT POLE
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FIRE HYDRANT
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WATER VALVE
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SPOT LIGHT
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BACK OF CURB
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PROPOSED MANHOLE
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PROPOSED INLET
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EXISTING PIERS
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HUTCHISON & ASSOCIATES
ENGINEERS LAND PLANNERS SURVEYORS
TBPE FIRM REGISTRATION # F-267
REV
DATE
DESCRIPTION
BAYTOWN MARINA RV PARK
SITE PLAN
1512 JONES RD
CITY OF BAYTOWN
HARRIS COUNTY, TEXAS 77520
LR
1" = 30'
5820
0
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Staff Report for Zoning Special Use Permit for RV Park at 1512 Jones Road
Requested Action: Zoning Special Use Permit for a RV resort.
Applicant: Peter Swales
Subject Property: Approximately 11.0 acres, legally described as the Baytown Marina
Plat, Harris County, Texas.
Parcel Information
Current Use: Former Marina largely destroyed by Hurricane Ike
Proposed Use: Recreation Vehicle Park with proposed approximately 100 RV pads.
Adjacent Parcel Information
North: Single Family Residential (MU)
West: Single Family Residential (SFE)
East: Cedar Bayou
South: Single Family Residential (SFE)
Staff Analysis:
In order to recommend approval of an application for a zoning amendment, the Planning
and Zoning Commission shall consider the following factors:
1. This special use permit will be compatible with and not injurious to the use and
enjoyment of other property, not significantly diminish or impair property values
within the immediate vicinity in any material way.
The applicant’s proposed use will have a measurable effect, since this park will
be adjacent on all sides, to single family development. Currently this property is
vacant. It was previously used as a marina until it was severely damaged by
Hurricane Ike in 2008. This property was left as mixed use surrounded by single
family when the rezoning of the City was completed 2013; the intent being that
something similar like the Marina in use would occupy the property in the future.
The proposed RV Park would increase traffic, having an immediate impact to the
area, and it would be difficult to predict how this would impact property values in
the surrounding area since this project has been left vacant for many years now.
Furthermore, the development potentially increases, rather than decreases, the
adverse effects of polluted runoff discharges, as no storm water management
facilities are proposed for the areas that will be disturbed by the development.
And as the site of the proposed recreational vehicle park is in a floodway, there is
real risk of sanitary sewer infiltration and/ overflow discharging into Cedar
Bayou.
2. This special use permit will not impede the normal and orderly development and
improvement of surrounding property.
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This special use permit will not impede the normal and orderly development of
the surrounding property. Upkeep, maintenance and visual aesthetics are a
concern of staff as is what the property will look like in five years. Staff has
included a number of conditions at the close of this analysis to suggest conditions
that would help to remedy the concerns. On the other hand, applicant does intend
to construct Jones Road into an asphalt road. This improvement would be the
first attempt ever to improve the ROW and provide some of the residences along
Jones Road an improved road.
3. This special use permit will ensure that adequate utilities, access roads, drainage
and other necessary supporting facilities have been or will be provided prior to the
issuance of a certificate of occupancy.
Adequate facilities will need to be provided for this site. Upgraded utilities for
the site will need to be installed in order to service this development. All utilities
would be shown on an engineering report which would need to be approved by
the City of Baytown’s Engineering Department. Existing utility lines would need
to be upsized and upgraded to service a development like this.
4. This special use permit will ensure that adequate nuisance prevention measures
will be taken and maintained to prevent or control offensive odor, fumes, dust,
noise and vibration prior to the issuance of a certificate of occupancy.
As per the compatibility requirements of the ULDC, the development will be
required to place an opaque screen around the entire development. In addition to
all required vegetation by the landscape ordinance, the proposed site’s detail
plan also shows that additional vegetation will be added within the 20’ open
space buffer between the park and adjacent single family residential districts.
Additional vegetative buffering will need to be included in order to reduce impact
to the surrounding area. Odor, fumes, dust, and vibration nuisances will definitely
increase just due to the mass and scale of this project.
5. This special use permit will ensure that there are sufficient landscaping,
screening, setbacks and other land use measures to ensure harmony and
compatibility with adjacent property.
As per the requirements of the ULDC, the compliance with landscape screening,
setbacks and other restrictions will have to be met. The project will also be
required to meet the site development standards for a Recreational Vehicle Park
of Chapter 58 of the Baytown Code of Ordinances. Additional conditions have
been identified in the applicant’s application/site plan such as landscaping and
upgrading the existing ingress/egress to a proper private road/driveway.
Additional “conditions” like additional landscaping provided for buffering,
screening and aesthetics should include shielding of light sources to further
mitigate any potential effects to the area.
6. The proposed use is consistent with the comprehensive plan and is generally
consistent with the purposes with the ULDC.
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The proposed development is consistent with the comprehensive plan and will
meet the all requirements of the ULDC and City Ordinance for RV parks. Current
zoning is MU which allows for a RV Park if all conditions and ordinances are
met.
7. That the site plan meets the criteria set forth in the ULDC Section 1.26 (e), where
as the planning and zoning commission may recommend and the city council may
adopt other conditions on any special use permit application that are needed to
protect the public health, safety and welfare, including but not limited to, hours of
operation and additional landscape or parking requirements.
The site plan for the development is conformance with criteria set forth in ULDC
Section 1.26 (e).
Conditions:
1. Upgrading of the road will be necessary for adequate fire protection and must
meet current city road specifications.
2. TIA will need to be completed for the impact to the road on Kilgore and Jones
Roads.
3. The 20 foot open space buffer between all surrounding residential uses (all
adjacent property) will need to be vegetated with one (1) tree installed every
15ft of at least six (6) feet in height when planted in an alternating pattern
along with 4 shrubs at least 18 inches in height when planted maintained
with irrigation.
4. All lighting will be completely shielded from adjacent properties and in
accordance with the operational performance standards.
5. Additional landscaping for all common space will need to be included in
order to further buffer and provide additional aesthetics for the surrounding
properties.
6. Implementation of an early warning system to warn against flash flooding,
which shall be subject to the approval of the Director of Engineering.
7. Watertight sewer service connections to mitigate the risk of sanitary sewer
overflow in a FLOODWAY, which must be approved in advance by the
Director of Engineering and maintained by the developer.
Public Notification: Public notification was sent to surrounding properties and published
in the newspaper, City website and kiosk on April 8, 2016.
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PLANNING AND ZONING COMMISSION
3. a.
Meeting Date: 07/19/2016
Subject:
Consider Request for an additional left-turn lane option
Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering
Information
ITEM
Consider the conversion of the the two west bound lanes of the feeder road at N.Main St., and
Interstate Highway 10, to dual left turn lanes with the outside lane having an option to continue
straight.
PREFACE
Per Section 2-236 of the Baytown Code of Ordinances, the Planning and Zoning Commission
receives and considers requests for changes to the traffic control devices in the City of Baytown.
The purpose of this item is to request the approval of converting the two west bound lanes at the
feeder at N.Main St., and Interstate Highway 10 to dual left turn lanes. One left turn lane at this
feeder is inadequate to handle the volume of the left turn traffic during PM peak hours, backing up
onto the access road and subsequently onto the freeway at times. Dedicating the inside lane as the
dedicated left turn lane and then the outside lane as a left turn and through traffic lane should
alleviate this situation. This change can be achieved with both striping and painted left turn
allocations signs on the pavement, and on the westbound mast arm (shown on the attached drawing).
The Commission may approve these changes and forward such recommendation to the City Council
for its consideration.
RECOMMENDATION
Staff recommends approval.
Attachments
Site Map
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PLANNING AND ZONING COMMISSION
Meeting Date: 07/19/2016
Subject:
Action Taken by City Council on Planning and Zoning Items Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nai Mongiello, Planning and Development Services
4. a.
Information
ITEM
Present a report regarding action taken by City Council on planning and zoning items.
PREFACE
This will be a reoccurring item to provide a report to the Planning and Zoning Commission on action
taken by City Council regarding planning and zoning cases previously considered by the
Commission.
RECOMMENDATION
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