Ordinance No. 15,130 ORDINANCE NO. 15,130
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT (SUP) FOR THE
RECONSTRUCTION AND EXPANSION OF A NON-CONFORMING USE,
LOCATED AT 3404 AND 3406 WISCONSIN STREET, ON
APPROXIMATELY 0.25 ACRES OF LAND, ZONED MIXED RESIDENTIAL
AT LOW TO MEDIUM DENSITIES (SF2); AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, the property located at 3404 and 3406 Wisconsin Street, on approximately
0.25 acres of land, legally described as Lots 9 & 10, Block 2, of East Baytown subdivision, Harris
County, Texas, is zoned Mixed Residential at Low to Medium Densities (SF2); and
WHEREAS, the proposal is to demolish the existing buildings and reconstruct new
buildings that will support the existing homeless shelter operations; and
WHEREAS, the homeless shelter land use is a nonconforming use in the SF2 zoning
district; and
WHEREAS, the Unified Land Development Code (ULDC) requires the issuance of a
special use permit for group housing uses, including a homeless shelter; and
WHEREAS, the Planning and Zoning Commission (the "Commission") held a public
hearing on June 21, 2022; and
WHEREAS,on June 21, 2022, the Commission submitted its final report that is to be used
by the City Council in its consideration of the amendment as set forth in § 1.26 of the ULDC,
recommending approval of the SUP with the following conditions:
1) The site shall be developed in conformance with the applicant's site plan, including
the proposed front yard streetscape; and
2) The reconstruction shall comply with the ULDC's compatibility standards —
Division 4, Sec. 3.11 to assure physical harmony within the existing residential
area;
and
WHEREAS, the City Council held a public hearing on the SUP on July 14, 2022; and
WHEREAS, after the public hearing, the City Council discussed and considered the SUP;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the facts and recitations contained in the preamble of this ordinance
are hereby found and declared by the City Council of the City of Baytown, Texas, to be true and
correct.
Section 2: That the City Council of the City of Baytown, Texas, hereby grants the
Special Use Permit, which is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes, to Bay Area Homeless Services for demolishing the existing buildings and
reconstructing new buildings that will support the existing homeless shelter operations.
Section 3: That the City Council of the City of Baytown,Texas,hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the Special Use Permit, which
is attached hereto as Exhibit "A."
Section 4: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 141h day of July 2022.
1a0T0pV1V' BRANDON C PETILL , Mayor
TEST: ��oF.........o.,�.r�
ANGEL ACKSO erk G'
APPROVED AS T FORM:
SCOTT LEMON , City Attorney
RAKaren AndersonlORDINANCES\2022\2022.07.141SUPBayAreaHomelessShelter-SL.docx
2
Exhibit "A"
Special Use Permit No. 2022-001
SPECIAL USE PERMIT
WHEREAS, an application together with the requisite site plan for a Zoning Special Use Permit
("SUP"),which is attached hereto as Exhibit "A"and incorporated herein for all intents and purposes,was
completed by PGAL, Inc., for and on behalf of the land owner Bay Area Homeless Services Inc. (the
"Applicant"),for an approximately 0.25 acre tract, 3404 and 3406 Wisconsin Street, legally described Lot
9 &10, Block 2 of East Baytown subdivision, Harris County, Texas, and submitted to the Director of
Planning and Development Services(the "Director")on a form prescribed by the Director;and
WHEREAS,the Director reviewed the application and prepared a staff report; and
WHEREAS, the Planning and Zoning Commission (the "Commission") conducted a public
hearing on the application; considered the application, the staff report, the relevant supporting materials,
and public testimony given at the public hearing; and recommended approval to the City Council, subject
to certain additional conditions;and
WHEREAS, the Commission prepared and delivered a report and recommendation to the City
Council to approve the proposed SUP subject to the conditions set forth in Section 2 of this ordinance
based upon the criteria enumerated in Section 1.26(e)of the Unified Land Development Code("ULDC");
and
WHEREAS, after receiving the report of the Commission, the City Council conducted a public
hearing on the SUP application and considered the application, the staff report, the relevant supporting
materials,and public testimony given at the public hearing; and
WHEREAS, the City Council thereafter made an affirmative finding that there are two additional
conditions listed in Section 1.26(d) "Approval criteria for special use permits" stating:
(1) That the specific use will be compatible with and not injurious to the use and enjoyment
of adjacent property or property immediately across the street, and not significantly
diminish or impair property values within the immediate vicinity in any material way;
(2) That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding property;
(3) 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;
(4) That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, light, noise and vibration prior to the issuance of a
certificate of occupancy;
(5) That there are sufficient landscaping, screening, setbacks and other land use measures to
ensure harmony and compatibility with adjacent property;
(6) That the proposed use is in accordance with the comprehensive plan and generally
consistent with the ULDC;and
(7) That the site plan meets the criteria set forth in Section 1.26(e)of the ULDC;
NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section l: The findings contained in the preamble hereof are declared to be true and correct
and are hereby adopted.
Section 2: A Special Use Permit for the reconstruction of a non-conforming use located at
3404 and 3406 Wisconsin Street, legally described Lot 9 &10, Block 2 of East Baytown subdivision,
Harris County,Texas(the"Property").
Special Use Permit, Page 1
Special Use Permit No. 2022-001
Section 3: Nothing herein shall be construed as to authorize any use other than the uses
expressly enumerated on the submitted application and attached site plan.
Section 4: This SUP shall take effect immediately from and after its passage by the City
Council of the City of Baytown and is subject to expiration and revocation requirements as provided in
the ULDC.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 14''day of July,2022.
BRANDON CAPETILLO,Mayor
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
Special Use Permit, Page 2
EXHIBIT "A"
eea"Ao SPECIAL USE PERMIT APPLICATION
BAYTOWN CITY OF BAYTOWN
App Date: 5/10/2022
Plan Number: ZP22050055
Description: Special Use Permit (SUP)
Parcel(s): 0590920000009, 0590920000010
Applicant Owner
William R Eckert Paul Bonnette
P O Box 4130 3131 Briarpark, Suite 200
Baytown, TX 77522 Houston, TX 77042
Business: (832) 567-5358 Business: (713) 968-9358
Mobile: (832) 567-5358 Mobile: (713) 502-9157
Pre-Application Staff Meeting
Property
Legal Description Lots 9 & 10 Block 2, East Baytown
Acres 0.25
Zoning
Current Zoning: Mixed Residential at Low to Medium Densities (SF2)
Proposed Zoning: Mixed Residential at Low to Medium Densities (SF2)
Use
Current Use Type Homeless shelter&services
Proposed Use Type Homeless shelter&services
Applicant Statement
Explain how the proposed SUP will be compatible with and not injurious to
the use and enjoyment of other properties, not significantly diminish or
impair property values within the immediate vicinity.
The buildings on this site have been owned and used by Bay Area Homeless Services for
several years.We are requesting to continue this same use by improve the facilities.
Explain how the proposed SUP will not impede the normal and orderly
development and improvement of surrounding property.
The new structures that are proposed will be of similar size and scale to what is currently
adjacent to the property,and will continue a residential look and feel.They will improve
the neighborhood and will not prevent further development of adjacent properties.
een, SPECIAL USE PERMIT APPLICATION
BAYTOWN CITY OF BAYTOWN
Explain how the proposed SUP will ensure that adequate utilities, access
roads, drainage and other necessary supporting facilities have been or will
be provided.
Adequate utilities exist on the site to serve the current buildings, and that service will
serve the new buildings. It is not anticipated that access to the site will change.
Explain how the proposed SUP will ensure that adequate nuisance
prevention measures will be taken and maintained to prevent or control
offensive odor, fumes, dust, noise and vibration.
It is not anticipated that offensive odor, fumes, dust, light, noise and vibration will be
an issue, aside from normal construction activities, prior to the issuance of a certificate
of occupancy. Once a contractor is brought on board, we will discuss with them the
importance of keeping the site clean and as quiet as possible during construction.
Explain how this SUP will ensure that there are sufficient landscaping,
screening, setbacks and other land use measures to ensure harmony and
compatibility with adjacent property.
We will comply with City of Baytown front, side and rear setbacks. New landscaping
meeting City of Baytown requirements will be installed as part of the project.
Explain how the proposed use is in consistent with the comprehensive plan
and with the purposes with the ULDC.
The proposed use maintains much needed housing for those who are in need, as well as
counseling and assistance to move on to rent or own a place of their own again.
Explain how the site plan meets the criteria in the ULDC, whereas 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.
We will comply with City of Baytown front, side and rear setbacks. New landscaping
meeting City of Baytown requirements will be installed as part of the project.
GENERAL SITE PLAN NOTES
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