Ordinance No. 15,636 ORDINANCE NO. 15,636
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING A SPECIAL USE PERMIT FOR A WAREHOUSE DEVELOPMENT AT
7128 E IH 10, BEING A TRACT OF LAND CONTAINING 46.394 ACRE OF LAND,
FRONTING APPROXIMATELY 734.00 FEET ON THE SOUTH RIGHT-OF-WAY
LINE OF INTERSTATE HIGHWAY 10,WEST OF SJOLANDER ROAD,AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT A,
TO ALLOW FOR THE EXPANSION OF A VESTED WAREHOUSE DEVELOPMENT
WITHIN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT; PROVIDING
THAT THIS SPECIAL USE PERMIT SHALL BE GRANTED SUBJECT TO CERTAIN
CONDITIONS; PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND
NO.!100 DOLLARS ($2,000.00); AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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WHEREAS, Jonathan Groves owns approximately 46.394 acres of land (the "Property") and
requests an amendment to the zoning ordinances to allow the Property, which is currently zoned as a
General Commercial ("GC")Zoning District,to be used as a warehouse; and
WHEREAS, on October 12, 2023, the City Council of the City of Baytown ("City Council")
approved Ordinance No. 15,585 granting a Special Use Permit (SUP) for a nine-building warehouse
development of approximately 293,400 square feet; and
WHEREAS, the applicant requests an amendment to the SUP to allow for a similar nine-building
warehouse development of approximately 438,960 square feet; and
WHEREAS, the Planning and Zoning Commission of the City of Baytown and the City Council,
in accordance with the Charter of the City of Baytown,state law,and the ordinances of the City of Baytown,
have given the required notices and have held public hearings regarding the rezoning of the property
described in this special use permit ordinance; and
WHEREAS, the City Council finds that this use will be compatible with and not injurious to the
use and enjoyment of adjacent property or property immediately across the street; will not significantly
diminish or impair property within the immediate vicinity in any material way; will not impede the normal
and orderly development and improvement of surrounding property;will contribute to, enhance or promote
the general welfare of the area of request and adjacent properties;will not be detrimental to the public health
and safety, and will conform in all other respects to all applicable zoning regulations and standards; and
WHEREAS, the City Council finds that it is in the public interest to grant this special use permit,
subject to certain conditions; 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 ("City Council") to be true and
correct.
Section 2: That the zoning ordinances of the City of Baytown are amended to allow the
following property (the "Property"), which is presently zoned a General Commercial ("GC") Zoning
District,to be used under this special use permit for a warehouse use:
Being a tract of land containing 46.394 acres of land, fronting approximately 734.00 feet
on the south Right-of-Way line of Interstate Highway 10, west of Sjolander Road, and
being more particularly described by metes and bounds in Exhibit "A."
Section 3: The special use authorized and permitted by this ordinance shall be developed in
accordance with the City of Baytown ordinances and Land Development Code and is granted on the
following conditions:
1. Use: The only use authorized by this special use permit is a warehouse use.
2. Site Plan: Use and development of the property must comply with the site plan, attached
to this ordinance as Exhibit "B"and shall be limited to a maximum of 440,100 square feet.
3. Fagade:The fagade of the building facing U.S.Interstate 10 shall be constructed of at least
fifty percent(500 o)glass with the remainder of the material being stacked stone or stone.
4. Access to Sjolander Road: The Property shall have no access to or from Sjolander Road.
5. Light and glare:
a. All exterior lighting shall be hooded or otherwise shielded so that the light source
is not directly visible from property that contains a single-family or duplex;
b. All lighting shall be shielded so that substantially all emitted light falls within the
property line of the property from which the light emanates;
c. All exterior building floodlights shall be shielded so that all emitted light falls upon
the property from which the light emanates;
d. No illumination shall produce direct, incident or reflected light that interferes with
the safe movement of motor vehicles on public streets. The types of lighting that
shall be prohibited by this subsection shall include but not be limited to any light
that may be confused with or construed as a traffic control device and any
animated, flashing or changing intensity lights, except for temporary holiday
displays;
e. Electromagnetic interference. No operations or activities shall be conducted that
cause electrical disturbances to be transmitted across lot lines;
f. All exterior lighting will follow ULDC Sec. 3.08 Standards, d. Light and glare;
g. All exterior lighting will use full cut-off fixtures to ensure all emitted light falls
within the property from the light emanates; and
h. Developer will submit photometric plans with building and site plan permit
applications to ensure standard of.01 foot-candles at the property line is met.
6. Expiration of special use permit:A lapse of a period greater than twenty-four(24)months
from the date of City Council approval causes this special use permit and all related
approvals or permits to expire and be of no further force and effect unless one of the
following conditions are met:
a. A certificate of occupancy is issued for the use specified in this special use permit;
or
b. If no certificate of occupancy is required, a certificate of completion for the use
specified in the special use permit is issued.
Section 4: That all paved areas,permanent drives,streets,and drainage structures,if any,on the
property must be constructed in accordance with standard City of Baytown specifications, and completed.
Section 5: That the Chief Building Official shall not issue a building permit or a certificate of
occupancy for a use authorized by this special use permit on the Property until there has been full
compliance with this ordinance, the Land Development Code, the construction codes, and all other
ordinances,rules and regulations of the City of Baytown.
Section 6: That any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO
THOUSAND AND N01100 DOLLARS ($2,000.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the City of Baytown may pursue other remedies such as abatement of nuisances, injunctive relief,
administrative adjudication and revocation of licenses or permits.
Section 7: That the zoning ordinances of the City of Baytown,as amended, shall remain in full
force and effect, save and except as amended by this ordinance.
Section 8: That the terms and provisions of this ordinance are severable and are governed by
Chapter 1 of the Baytown Code of Ordinances.
Section 9: That this ordinance shall take effect from and after ten(10)days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 14`h day of December, 2023.
RANDON CAPETILL�vor,
ATTEST:
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4GELA JACKS City Clerk o s
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APPROVED AST FO �'9T
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SCOTT LEMOND City Attorney
R:1ScotfiOrdinances 12-14-23.7128E.IH10-SUPWarehouse.docx
3
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
46.3937 ACRES
LOCATED IN THE
ASHBEL SMITH SURVEY, A-954,
HARRIS COUNTY, TEXAS
Being a tract or parcel of land containing 46.3937 acre of land or 2,020,910 square feet, located in
the Ashbel Smith Survey,Abstract 954, Harris County,Texas; Said 46.3937 acre tract being all of
a called 32.85 acre tract (Tract 1) and all of a called 12.49 acre tract (Tract 2), both of record in
the name of JCG Real Estate,LLC in Harris County Clerk's File(H.C.C.F.)Number 20130335919
and being all of a called 1.051 acre tract of record in the name of JCG Real Estate,LLC in H.C.C.F.
Number RP-2019-389970; Said 46.3937 acre tract being more particularly described as follows
(bearings based on the Texas State Plane Coordinate System, South Central Zone(NAD83)):
BEGINNING at a 5/8 inch iron rod found for the northwest corner of both the herein described
tract and aforesaid 12.49 acre tract, being the northeast corner of a called 1.3527 acre tract of
record in the name of RMQ Properties, LLC in H.C.C.F. Number RP-2018-500946 and being on
the south Right-of-Way(R.O.W.) line of Interstate Highway 10(width varies);
THENCE, coincident the north line of the herein described tract and the south R.O.W. line of
aforesaid Interstate Highway 10, North 78 degrees 14 minutes 15 seconds East, at a distance of
343.09 feet pass a 1 2 inch iron rod found for the northwest corner of aforesaid 1.051 acre tract, at
a distance of 543.09 feet pass a 5 8 inch iron rod found for the northeast corner of said 1.051 acre
tract, and continue for an overall distance of 734.00 feet to a 5i8 inch iron rod found for the
northeast corner of aforesaid 12.49 acre tract and being the northwest corner of Lot 1 in Simpson
Acres Minor Plat, a subdivision duty of record in Film Code Number 597166 in the Map Records
of Harris County, Texas (H.C.M.R.);
THENCE, coincident the east line of aforesaid 12.49 acre tract and the west line of aforesaid Lot
1, South 11 degrees 45 minutes 45 seconds East, a distance of 622.60 feet to a 5`8 inch iron rod
found for the southwest corner of said Lot 1;
THENCE, coincident the most southerly north line of aforesaid 12.49 acre tract and the south line
of aforesaid Lot 1,North 78 degrees 14 minutes 23 seconds East,a distance of 369.80 feet to a 5,8
inch iron rod with"Gruller"cap set for the southeast corner of Lot 2B in aforesaid subdivision;
THENCE, coincident the east line of aforesaid Lot 2B, North 11 degrees 39 minutes 08 seconds
West, a distance of 622.62 feet to a 5 8 inch iron rod found for the northeast corner of said Lot 2B
and being on the south R.O.W. line of aforesaid Interstate Highway 10;
THENCE,coincident the north line of both the herein described tract and aforesaid 12.49 acre tract
and the south R.O.W. line of aforesaid Interstate Highway 10, North 78 degrees 14 minutes 15
seconds East, at a distance of 36.98 feet to a 5 8 inch iron rod with "cruller" cap set for the
northeast corner of aforesaid 32.85 acre tract and being the northwest corner of a called 1.00 acre
tract of record in the name of Roy Valladares, Et Al. in H.C.C.F.Number U132481;
THENCE, coincident the east line of aforesaid 32.85 acre tract, South 11 degrees 45 minutes 45
seconds East, a distance of 1,147.52 feet to a 5 8 inch iron rod with "Gruller"cap set;
THENCE, South 78 degrees 02 minutes 05 seconds West, a distance of 17.69 feet to a 5'8 inch
iron rod found;
THENCE, coincident the east line of aforesaid 32.85 acre tract. South 11 degrees 45 minutes 45
seconds East, a distance of 441.51 feet to a 5:'8 inch iron rod with "Gruller" cap set for the
southwest corner of a called 8.000 acre tract of record in the name of Roy and Herminia Valladares
in H.C.C.F. Number W753526;
THENCE, coincident the south line of aforesaid 8.000 acre tract and the most southerly north line
of aforesaid 32.85 acre tract,North 78 degrees 02 minutes 05 seconds East,at a distance of 262.05
feet pass a 5.18 inch iron rod found for the southwest corner of Lot 3, Block 2 in Gateway Ten
Business Park, LLC Final Plat, a subdivision duly of record in Film Code Number 701900,
H.C.M.R.and continue for an overall distance of 1,909.09 feet to a 5:8 inch iron rod with"Gruller"
cap set for the most southerly northeast corner of the herein described tract and being on the west
R.O.W. line of Sjolander Road(width varies);
THENCE, coincident the east line of aforesaid 32.85 acre tract and the west R.O.W. line of
aforesaid Sjolander Road, South 12 degrees 08 minutes 05 seconds East, a distance of 60.86 feet
to a 5.8 inch iron rod found for the most easterly southeast corner of said 32.85 acre tract and being
the northeast corner of a called 49.992 acre tract of record in the name of Wildlife Exhange, Inc.
in H.C.C.F.Number R110721;
THENCE, coincident the most northerly south line of aforesaid 32.85 acre tract and a north line of
aforesaid 49.992 acre tract, South 78 degrees 05 minutes 39 seconds West, a distance of 2,656.33
feet to a 1 inch iron pipe found;
THENCE, coincident the most westerly east line of aforesaid 32.85 acre tract and a west line of
aforesaid 49.992 acre tract, South 10 degrees 54 minutes 46 seconds East,a distance of 820.40 feet
to a 5.8 inch iron rod found for the most westerly southeast corner of said 32.85 acre tract;
THENCE, coincident the south line of both the herein described tract and aforesaid 32.85 acre
tract a north line of aforesaid 49.992 acre tract, South 77 degrees 57 minutes 32 seconds West, a
distance of 331.41 feet to a 1 inch iron pipe found for the southwest corner of both the herein
described tract and said 32.85 acre tract and being the southeast corner of a called 17.0316 acre
tract of record in the name of Texas Truck Planet, LLC in H.C.C.F. Number RP-2021-383180;
THENCE, coincident the west line of the herein described tract and the east line of aforesaid
17.0316 acre tract, North 12 degrees 32 minutes 51 seconds West, a distance of 2,471.99 feet to
the POINT OF BEGINNING and containing 46.3937 acres of land.
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