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Ordinance No. 16,169ORDINANCE NO. 16,169 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY MUNICPAL UTILITY DISTRICT NO. 3; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to the Second Amendment to the Development Agreement with Chambers County Municipal Utility District No. 3. A copy of said amendment is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 26"' day of June, 2025. CHARLE O SON, Mayor ATTEST:Lo oaoomrosao A `(� ANGELArAjK— SCN, 0y Clerk •.. .,may* ., tM,; t.,_ ..,{ "�`_ APPROVED AS O F RM: SCOTT LE OND, City Attorney DENSITY, LAND USES AND DEVELOPNIENT STANDARDS Unified Land Development Code. The land uses within the Property shall be governed by the standards and requirements of the City's Unified Land Development Code ("ULDC"), as hereinafter amended and as revised herein, as if the Property was within the corporate limits of the City in the following zoning districts, as more particularly depicted and described in the Plan of Development: a. Non -Residential Zoning District (1) General Commercial ("GC") b. Residential Zoning Districts (1) Mixed Residential At Low To Medium Densities ("SF-2") or Mixed Residential (MR), (2) High Density Mixed Residential {"MF-2") or Urban Residential (UR), and (3) Open Space/Recreation ("OR"). 2. Definitions. The following capitalized terms and phrases used in this Agreement shall have the meanings set forth below and are in addition to those set forth in the ULDC: a. Car Wash. "Car wash" means and refers to a facility used to clean the exterior and, in some cases, the interior of vehicles, non-commercial. Car washes can be self -serve, fully automated, or frill -service with attendants who wash the vehicle. A car wash does not include vehicle repair. b. Class A Medical. "Class A" Medical" means and refers to facilities that lead the medical facility market with newly constructed or renovated spaces that are outfitted with modern fixtures, and state of the art technologies, utilities and amenities. Class A Medical is generally characterized by a multi -story structure in a high -visibility location. Any development of medical facilities associated with the Heights of Baytown development will be modern, state of the art facilities such as Hospital (as such term is defined in the ULDC), Clinics (as such term is defined in the ULDC), or medical office buildings to provide in -patient and/or out -patient care as well as primary care and specialty services. Class A Medical will include amenities such as computerized data information systems and automated medical record storage, access to digital imaging, latest mechanical and HVAC systems, increased wiring for electricity. telephone, modems, computer networking, and video teleconferencing, as well as access to shared clinical procedures such as pharmacy, radiology, laboratory, ambulatory care and outpatient services. C. Class A Office. "Class A Office" means and refers to Offices (as such term is defined in the ULDC) that are more prestigious buildings competing for premier office users within a given market, with rents above avera`e for the area. Class A Office buildings have high -quality standard finishes, state of the art system, exceptional accessibility and market presence. Class A Office buildings represent the newest and highest quality buildings in their market. d. Class A Retail. "Class A Retail" means and refers to the best -possible General (as defined in the ULDC) and Big Box (as defined in the ULDC) retail properties in a given market. They include high -end construction techniques, quality interior detailing, highly -sought-after design, and desirable property amenities. Class A Retail properties will generally be located in a good area with high foot traffic. These buildings generally have the best management and attract the best -quality tenants that can afford the high rates commanded by these properties. Development of retail associated with the Heights of Baytown development will be high -quality constriction, Class A lifestyle center or mixed use commercial development that combines the traditional retail functions of a shopping mall with leisure amenities oriented towards upscale consumers and can include a mix of national specialty retailers as well as full -service dining options. C. Class A Multifamily Dwelling. "Class A Multifamily Dwelling" means and refers to the highest quality Multifamily Dwelling (as such term is defined in the ULDC) in its market and area. Class A Multifamily Dwellings are generally newer properties built within the last 10 years with top amenities, high -income earning tenants and low vacancy rates. Class A Multifamily Dwellings are well -located in the market and are typically professionally managed. Additionally, they typically demand the highest rent with little or no deferred maintenance issues. Any development of multifamily housing complex adjunct to the Heights of Baytown development will be a high -quality construction, garden style apartments and will include typical Class A amenities such as gated entrance and perimeter fence, well - manicured landscaping throughout the complex, resident lounge, fitness center, meeting or co -working space, media/technology room, resort style pool with sundeck and loungers, outdoor grill and cooking area. Interior amenities would include high ceilings, stone or other ultra -compact surface countertops, energy efficient appliances and utilities, modern lighting fixtures, hardwood style flooring, ample counter space and high speed internet. This development will command rents within the Class A Multifamily Dwelling range in the submarket. 3. Density. The Property shall be developed in accordance with the Plan of Development and the Unified Land Development Code as amended herein. The total number of single-family mixed residential housing units within the area designated as SF- 2 in the Plan of Development shall not exceed 600 units. The total number of medium density mixed residential units shall not exceed 700 units within no more than twenty-five (25) acres of the area designated as MF-2 (Class A only) in the Plan of Development. 4. Land Uses. a. Permitted Uses. The land uses allowed within the applicable non-residential and residential zoning districts as noted in the Plan of Development shall comply with the standards set forth in the ULDC unless specified differently below: i. Non -Residential Use Table: USES Grocery Store GC P 1 REF Class A Medical P Class A Office P Class A Retail PC A 17 Car Wash P ii. Non -Residential Accessory Use Table: iii. Residential Use Table: Single -Family, Detached P 1 REF Class A Multifamily Dwelling P Private Open Space P P P Private Recreation Space P P P Sports Courts P P P iv. Residential Accessory Use Table: C Private Recreation Space P P P Sports Courts P P P Prohibited Uses. It is expressly understood and agreed that the following uses shall be prohibited for non-residential and residential uses and accessory uses: Non -Residential Prohibited Uses and Accessory Uses: 1. Agriculture; 13. Manufacturing (light); 2. Animal; 14. Outdoor sales and display; 3. Auto body shop; 15. Outdoor storage; 4. Boat and R-V storage; 16. Recreational vehicle park and 5. Cemeteries; manufactured home park; 6. Container; 17. Sandblasting; 7. Credit access business; 18. Second-hand goods; 8. Drilling, oil or gas operations; 19. Self -storage and storage 9. Funeral home; units; 10. Group housing, 20. Sexually oriented business Boardinghouse, Dormitory, 21. Supply houses; Halfway house, Orphanage, 22. Travel center; Group home for substitute 23. Truck Stop care; 24. Warehouse and freight 11. Homeless shelter; movement; and 12. Junk and salvage yard; 25. Wholesale Trade ii. Residential Prohibited Uses and Accessory Uses: 1. Agriculture; 2. Manufactured home; and 3. Industrialized home; C. Land Use Conditions. This section sets forth the conditions associated with non- residential and residential land areas set forth in Section 3(a) above. All other land uses conditions shall comply with the ULDC. Non -Residential Categories: a. Class A Retail Big box buildings and A 17 Class A Retail GC appurtenances shall be located at least 20 feet from a residential property line. ii. Residential Categories: Class A Multifamily Dwelling b. Class A Retail Big Box loading docks and bay doors shall: ➢ not face residential uses, and ➢ either: ➢ be integrated into the building or ➢ oriented in such a way so as not to be visible from a public right-of- way, which may be accomplish through the use of a vegetative buffer, (as defined in the Unified Land Development Code) or other means approved by the a. If a multifamily complex is constructed in phases, the planned amenities and community buildings must be constructed in an at least equal ratio along with the residential buildings. For example, a 200-unit apartment complex with two swimming pools and two laundry buildings that is constructed in MF-2 two 100-unit phases must construct at least one swimming pool and one laundry building with the first phase. b. Gazebos, workshops, green houses and other similar accessory uses are allowed in common space but may not be constructed on leased space or space designated for individual tenant use. S. Single -Family Residential, Amenities and Park Standards. a. Property Development Standards. The minimum property development standards for the area designated as SF-2/MR in the Plan of Development shall be as follows: Minimum Lot Size (square feet) 6,000 Minimum Front Building Setback 25' or 20'* Minimum Rear Setback 10, Minimum Interior Side Setback 5' Minimum Street Side Setback 15' Maximum Height (in feet) 40' Percent Maximum Lot Coverage 60% Minimum Lot Frontage 55' *The minimum front building setback for front -loading garages is 25', except that any radial, cul- de-sac lot may allow 20' front building setback for front -loading garages. 15' setback is allowed for side loaded garage. (1) Landscape Requirements. Each single-family detached home shall have a minimum of (i) two front yard trees, each with a minimum caliper size of 3 inches and a minimum height of 8 feet, (ii) two 10-gallon shrubs, (iii) ten 5-gallon shrubs, and (iv) fifteen 1 gallon shrubs/plants. (2) Driveway Width. The Developer will provide wider driveway widths per the Chambers County Building and Driveway Setback Detail shown in Figure 2. The width shall be a minimum of 20-feet wide at the street and 30-feet wide at the right-of-way to allow for three cars to have the ability to a park within the driveway. (3) Lot Grading. Residential lots will be Type A Grading. b. Property and Building Design Standards. All residential buildings shall comply with the masonry, architectural and design standards of Sections 3.11 and 3.12 of the 2014 ULDC unless otherwise varied in this section 4. (1) Masonry. All single-family homes shall have a minimum of 3 sides 100% masonry for the first floor, exclusive of doors and windows. All sides of a single-family along a right-of-way must abide by this standard. (2) Spacing and Repetition of Plans and Materials. Floor plans and exterior elevations shall be complementary in architectural design and materials, and compatible with neighboring structures. Spacing and repetition of floor plans and exterior elevations must be separated by a minimum of: i. Same floor plan, same exterior elevation, same or opposite side of street — 5 lots separation; ii. Same floor plan, different exterior elevation, opposite side of the street — 2 lots separation; and iii. Same floor plan, different exterior elevation, same side of street — 3 lots separation. (3) Recessed Entries and Articulation. The Developer will comply with the current City of Baytown Code of Ordinances and Chambers County requirements. In addition to the architectural standards in Section 3.11 (b) of the 2014 ULDC, the articulation on the front fagade, exclusive of the front entry, shall be at least 12 inches. 6. Multi -Family and Commercial Standards. Density, Land Use and Property Development Standards for the Zoning Districts GC and MF-2/UR shall comply with the 2014 ULDC, including, but not limited to, Design and Compatibility Standards —Article III, Property Development Standards, Division 1, and Design and Compatibility Standards —Article III, Non -Residential Zones — Division 3. Amenities and Parks. The proposed pocket parks, open spaces, Recreation Center, trails and identity features are shown in Figure 3 and Figure 7. The Developer agrees to dedicate a minimum of 6.0 acres of reserves, parkland and open space as set forth in Exhibit "F" b. The Developer will provide one location for a Recreation Center, which will be built as part of the first phase of the residential development. The Recreation Center will serve the residential community and provide the following features: a. Pool; b. Playground Equipment; C. Restrooin Facility; and d. Cover Area and Picnic Tables. c. Pocket Parks will be spaced through the community to provide residents will equal access to parks. d. Trails shown in Figure 3 and Figure 8 will consist of a minimum 5' wide sidewalk path. e. Amenities along trails — Benches and landscaping will be provided along the proposed trails as shown in Exhibit "C". f. Playground will be designed and constructed to be inclusive for all levels of ability and to meet ADA requirements. 8. Recreation Space. The Developer shall provide at least 100 square feet of restricted, landscaped and maintained outdoor recreation or open space for each single-family attached and detached unit within the residential subdivision(s). Recreation or open space must be deeded to the Residential Homeowner's Association for ownership and perpetual maintenance. The square footage of (i) the landscaping in the right-of-way and (ii) the restricted open space reserves of less than 1,500 square feet shall not be counted towards the minimum outdoor recreation or open space square footage requirement. Landscaped detention facilities may count towards this requirement, however, landscaped reserves adjacent to the right-of-way shall not. Fees. The Developer shall be required to pay to the City fees equal to 125% of those specified in Section 2-595 of the Code of Ordinances, Baytown, Texas in effect when due. 9. Perimeter Landscaping, Screening, and Fencing. The perimeter of the Property will be landscaped and screened with trees, shrubbery and other plants in a manner consistent with and complementary to the overall landscaping for the Property. The perimeter fencing of the Property will comply with the City of Baytown Code of Ordinances. Prior to the development of a phase of the Plan of Development, the Developer will submit a landscaping plan for that development phase to the City for its written approval. The Developer will develop the Property in accordance with the approved landscaping plan. Such plan shall include the following items: Along State Highway 99 and Old Needlepoint Road frontage — 6 inch caliper trees planted no further than 30 feet apart with irrigation. Tree Species will be an approved species as set forth in Section 10 below. b. Landscaped areas will include automated irrigation systems and will be maintained by a Residential Homeowner's Association and Commercial Property Owner's Association. 10. Landscaping. The Developer will comply with the City of Baytown Code of Ordinances. The Developer will submit a tree preservation plan to the City for approval. The Developer will develop the Property in accordance with the approved tree preservation plan. Tree Species may only include the following, unless otherwise approved in advance in writing by the Director of Planning and Development Services: • American Elm (Ulmus americana) • Lacebark Elm (Ulmus parvifolia) • Southern Magnolia (Magnolia grandiflora) • Live Oak (Quercus virginiana) • American Holly (Ilex opaca) • Montezuma Cypress (Taxodium mucronatum) • Eastern Redcedar (Juniperus virginiana) • Common Crapemyrtle (Lagerstroemia indica) • Waxmyrtle (Myrica cerifera) • Yaupon (Ilex vomitoria) • Little Gem Magnolia (Magnolia grandiflora) • Sweetbay Magnolia (Magnolia virginiana) • Foster Holly (Ilex x attenuata 'Fosteri') • Flowering Dogwood (Corpus florida) • Nellie Stevens Holly (Ilex x) 11. Infrastructure. a. Block length will comply with the City of Baytown Code of Ordinances. b. Local and residential street width will comply with the City of Baytown Code of Ordinances. Old Needlepoint Road will be phased into two phases as shown in Figure 5. Phase 2 of Old Needlepoint Road will be completed when Phase 3 of the single-family residential portion of the Project is developed as shown in Figure 5-A. d. Signs and lighting will comply with the City of Baytown Code of Ordinances. e. Entry Monument shall be approved by the City of Baytown and be constructed during the first phase of development and placed inside of an easement recorded via plat or separate instrument, whichever comes first. Franchise utilities will be underground with the exception of overhead power as deemed necessary by the power company. The Developer will work with the power company to place overhead power along the perimeter of the development and along major roads as opposed to within the center of the development.