Ordinance No. 16,335 (Item 4.d.)ORDINANCE NO. 16,335
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A SPECIAL USE PERMIT (SUP) TO ALLOW FOR SHORT-TERM
RENTAL USE IN THE SUBURBAN RESIDENTIAL (SR) ZONING DISTRICT,
LOCATED AT 5111 ASHWOOD DRIVE, ON AN APPROXIMATELY 0.28 ACRE
PARCEL, LEGALLY DESCRIBED LOT 5 BLOCK 16 COUNTRY CLUB OAKS
SECTION 5, BAYTOWN, TEXAS 77521; 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.
WHEREAS, Ashwood Green, LLC owns approximately 0.28-acre parcel of land located at 5111
Ashwood Drive (the "Property") and requests a Special Use Permit (SUP) to the zoning ordinances to allow
the Property, which is currently zoned as a Suburban Residential ("SR") Zoning District, to be used for
short-term rental; and
WHEREAS, the property is located at 5111 Ashwood Drive, Baytown, Texas 77521, on
approximately 0.28 acres of land, legally described as Lot 5 Block 16 Country Club Oaks Section 5,
Baytown, Texas; and
WHEREAS, the proposal is to allow for Short -Term Rental use in the Suburban Residential (SR)
Zoning District; and
WHEREAS, the Unified Land Development Code (ULDC) allows the issuance of a special use
permit to allow for Short -Term Rental use in the SR zoning district; 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, on October 21s1, 2025 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 § 7.44 of the ULDC, recommending
approval of the SUP with the following conditions:
The property shall be subject to the Unified Development Land Code's residential use specific
standards located within Section 2.33-3 as provided:
I. Hotel -Motel Occupancy Tax. The City's Hotel -Motel Occupancy Tax requirements are
applicable; (See Chapter 90, Article III, Hotel Occupancy Tax, of the City's Code of
Ordinances)
11. Tenure. The use may be rented for a period of up to, but not exceeding, 28 days.
III. Principal Use. The principal use of the short-term rental shall be a single -unit dwelling.
IV. Residential Character. The use shall be conducted so that it does not unreasonably interfere
with the peace and enjoyment of surrounding homes as places of residence.
2. The property, or any portion thereof, may be rented for a duration of time greater than 28 days
when the property is not being rented as a short-term rental. Therefore, not restricting the property
to only short-term rental arrangements.
3. The applicant shall install noise monitoring technology to assist them in managing noise pollution
created by patrons.
WHEREAS, the City Council held a public hearing on the SUP on December 11, 2025; 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, to be true and correct.
Section 2: That the City Council of the City of Baytown, Texas, hereby grants the Special Use
Permit shall be applied in accordance with the City of Baytown ordinances and Land Development Code
and is granted on the following conditions:
1. The property shall be subject to the Unified Development Land Code's residential use specific
standards located within Section 2.33-3 as provided:
V. Hotel -Motel Occupancy Tax. The City's Hotel -Motel Occupancy Tax requirements are
applicable; (See Chapter 90, Article III, Hotel Occupancy Tax, of the City's Code of
Ordinances)
VI. Tenure. The use may be rented for a period of up to, but not exceeding, 28 days.
VII. Principal Use. The principal use of the short-term rental shall be a single -unit dwelling.
VIII. Residential Character. The use shall be conducted so that it does not unreasonably interfere
with the peace and enjoyment of surrounding homes as places of residence.
2. The property, or any portion thereof, may be rented for a duration of time greater than 28 days
when the property is not being rented as a short-term rental. Therefore, not restricting the property
to only short-term rental arrangements.
3. The applicant shall install noise monitoring technology to assist them in managing noise pollution
created by patrons.
4. The Applicant shall perform or obtain a Criminal Background Check and Sex Offender Screening
on all potential guest's reservations before allowing the potential guest to use the property.
5. The Applicant agrees to comply with future regulations as they develop.
A site map of which is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes, to the property owner to allow for Short -Term Rental use in the Suburban Residential (SR) zoning
district.
Section 3: 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 4: 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 5: 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 NO/100 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 6: 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 7: That the terms and provisions of this ordinance are severable and are governed by
Chapter 1 of the Baytown Code of Ordinances.
Section 8: 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 l l" day of December, 2025.
ATTEST:'"
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UMYp lY lyY�`a. Y e
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ANGELAQrKSON, City Clery
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SCOTT LE
City Attorney
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CFb&ES JO S N, Mayor
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