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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
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.,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.