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Home My WebLink AboutOrdinance No. 16,555 (Item 5.l.)ORDINANCE NO. 16,555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT (SUP) TO ALLOW FOR MULTIFAMILY APARTMENT DWELLINGS TO BE DESIGNED AS HORIZONTAL STANDALONE RENTAL APARTMENT UNITS WITHIN THE FREEWAY COMMERCIAL (FC) ZONING DISTRICT, LOCATED AT 10108 OLD NEEDLEPOINT ROAD, ON AN APPROXIMATELY 31.124 ACRE PARCEL, LEGALLY DESCRIBED LOT 16 AND PART OF LOT 17, BLOCK 3 OF THE CHAMBERS COMMONS FINAL PLAT, BAYTOWN, TEXAS 77523; PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS (S2,000.00); 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, KM 146 Partners LP owns approximately 31.124 acre parcel of land located at 10108 Old Needlepoint Road (the "Property") and requests a Special Use Permit (SUP) to the zoning ordinances to allow the Property, which is currently zoned as a Freeway Commercial ("FC") Zoning District, to be used for apartment dwellings designed as horizontal standalone rental apartment units; and WHEREAS, the property is located at 10108 Old Needlepoint Road, Baytown, Texas 77523, on approximately 31.124 acres of land, legally described as Lot 16 and Part of Lot 17 Block 3 Chambers Commons Final Plat, Baytown, Texas; and WHEREAS, the proposal is to allow apartment dwelling to be designed as horizontal standalone rental apartment units in the Freeway Commercial (FC) Zoning District; and WHEREAS, Sec. 2.38 of the Unified Land Development Code (ULDC) allows the Planning Director discretion to define uses not listed in Sec.2.32 and its accompanying tables within a defined use category or zoning district; and WHEREAS, the Planning Director's discretion under Sec. 2.38 includes the issuance of a special use permit to allow apartment dwellings to be designed as horizontal standalone rental apartment units in the FC 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 the issuance of a special use permit to allow apartment dwelling to be designed as horizontal standalone rental apartment units in the FC zoning district 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 subject 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 July 21 Is, 2026 the Commission submitted its final report to the City Council in its consideration of the SUP as set forth in § 7.44 of the ULDC, recommending approval of the SUP with the following conditions: 1. Aspects of development not addressed within said conditions shall default to requirements of the City of Baytown. 2. The Planning Director may revoke the Special Use Permit per Unified Land Development Code (ULDC) Section 7.44. 3. Plat Application of the subject site shall be required. Each Lot shall be platted containing multiple residential buildings. Grounds are to be referred to as common areas. General notes shall include — No parcel or structure shall be sold as an individual unit. 4. Transportation Impact Analysis (TIA) shall be required upon submittal of development plans. 5. At least two points of ingress and egress shall be required. 6. Landscape Plan shall be required upon submittal of development plans. 7. Swimming pool plans shall be submitted to city inspectors and the Department of Health for review and approval upon submittal of development plans. 8. Stormwater permit that includes the total impervious surface area shall be required upon submittal of development plans. WHEREAS, the City Council held a public hearing on the SUP on August 13, 2026; 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. Aspects of development not addressed within said conditions shall default to requirements of the City of Baytown. 2. The Planning Director may revoke the Special Use Permit per Unified Land Development Code (ULDC) Section 7.44. 3. Plat Application of the subject site shall be required. Each Lot shall be platted containing multiple residential buildings. Grounds are to be referred to as common areas. General notes shall include — No parcel or structure shall be sold as an individual unit. 4. Transportation Impact Analysis (TIA) shall be required upon submittal of development plans. 5. At least two points of ingress and egress shall be required. 6. Landscape Plan shall be required upon submittal of development plans. 7. Swimming pool plans shall be submitted to city inspectors and the Department of Health for review and approval upon submittal of development plans. 8. Stormwater permit that includes the total impervious surface area shall be required upon submittal of development plans. A conceptual architectural land plan of which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, to the property owner to allow apartment dwelling to be designed as horizontal standalone rental apartment units in the Freeway Commercial (FC) 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 27th day of August 2026. CHARLES JOHNSON, Mayor ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: Scott Lemond, City Attorney R:\Ordinances and Resolutions\Ordinance Drafts\2026-08-27 Ordinance_10108 Old Needlepoint Rd -COUNCIL (AUG 27)-SL.docx IF IN*la. �F,X- viol r--------- — ------------------------ i i i 3 3 3 3 3 3 W D W A AN to A W A O WNOA OPNO m N m m m r r W IQ N i N i U1 M (1)�UlUc o 0 0 `T' � N�p��pp�pO ppmd �z3Y13L ov�3 3 330 O��NNNNNN C2 v. ? cc�zzZzzZ rr_^ �_�-_� vZ� �l0 N NVN rt CO W 9W Ul A 3 U a' C po - Z DO- �� D D z Z �. �. In Orrrr3r O AMA v z N333��3 m n T r m r MLDM z D @@DD01D D "NOn� D D ��c@ Q. 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