Ordinance No. 12,536ORDINANCE NO. 12,536
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT TO JCG REAL ESTATE,
LLC, TO PLACE AND OPERATE A CONCRETE BATCH MIXER AND
ASSOCIATED FACILITIES ON 18.3 ACRES OF LAND LOCATED AT 0,
4210 AND 4318 NORTH HIGHWAY 146 AND BEING APPROXIMATELY
1000 FEET SOUTH OF MASSEY TOMPKINS ON THE EAST SIDE OF SH
146 AND THE WEST SIDE OF CEDAR BAYOU AND LEGALLY
DESCRIBED AS TRACTS 3, 4, 5, AND 6 OUT OF THE C SMITH SURVEY,
ABSTRACT NO. 69, HARRIS COUNTY, TEXAS; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK
TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
WHEREAS, JCG Real Estate, LLC, filed an application for a special use permit to allow
for a heavy industrial use on property that is currently zoned as Mixed Use (MU); and
WHEREAS, both HI zoning and a special use permit are required prior to the issuance of
building permits for heavy industrial uses over five (5) acres in size; and
WHEREAS JCG Real Estate, LLC, desires to place and operate a concrete batch mixer
and associated facilities on the property located at 0, 4210 and 4318 North Highway 146 and
being approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the
west side of Cedar Bayou and legally described as Tracts 3, 4, 5, and 6 out of the C Smith
Survey, Abstract No. 69, Harris County, Texas; and
WHEREAS, The City Council via Ordinance approved a rezoning amendment for this
property from MU to LI and HI on May 8, 2014; and
WHEREAS, a special use permit for the proposed heavy industrial use at this location is
supported by the Baytown 2025 Comprehensive Plan and 2008 Vision Statement because it
fosters economic development and allows an existing heavy industrial property to be used for its
intended purpose; and
WHEREAS, the Planning and Zoning Commission held public hearings on March 18,
2014, and April 15, 2014, and voted unanimously to recommend approval of the special use
permit on April 15, 2014, with the following conditions:
1. TCEQ permit and all other required state or federal permits need to be submitted to
staff to be placed in the file within six months of approval;
2. Concrete Batch Silo painted a muted earth tone to blend in with the background to
avoid visual disruption from adjacent ROW and neighborhoods;
3. No concrete crushing will occur on site at any time during the duration of the permit;
4. Locate security /access gate off the public right -of -way but on premise to allow for a
minimum stacking of 4 concrete trucks;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: 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 a
Special Use Permit to JCG Real Estate, LLC, to place and operate a concrete batch mixer and
associated facilities on the property located at 0, 4210 and 4318 North Highway 146 and being
approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side
of Cedar Bayou and legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract
No. 69, Harris County, Texas, subject to the conditions expressed therein. A copy of said permit
is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager to execute and the City Clerk to attest to the Special Use Permit
incorporated herein.
Section 4: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the i
City of Baytown this the 8th day of May, 2014. J
ATTEST:
LETICIA BRYSCH, CI Clerk
APPROVED AS TO FORM:
AVID M`CCARTNEY,
epY70W �y'�
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ACIO RAMIREZ, SR.Loty Attorney
R:1KarenTi1es\City Council',Ordinances\20MMay 8\ .SUP4JC04ConcreteBatchMixer.doc
2
Tern
Exhibit "A"
Special Use Permit No. 2014 -001
SPECIAL USE PERMIT
WHEREAS, an application together with the requisite site plan for a Zoning Special Use
Permit ( "SUP "), which is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes, was completed by Carnes Engineering for and on behalf of the land owner
Jonathan Groves (the "Applicant ") for property at 0, 4210, 4318 North Highway 146, legally
described as Tracts 3, 4, 5, 6 out of the Christian Smith Survey, Abstract No. 69, Harris County,
Texas, and submitted to the Director of Planning and Development Services (the "Director ") on
a form prescribed by the Director; and
WHEREAS, the Director reviewed the application and prepared a staff report; and
WHEREAS, the Planning and Zoning Commission (the "Commission ") conducted a
public hearing on the application; considered the application, the staff report, the relevant
supporting materials, and public testimony given at the public hearing; and recommended
approval to the City Council, subject to certain additional conditions; and
WHEREAS, the Commission prepared and delivered a report and recommendation to the
City Council to approve the proposed SUP subject to the conditions set forth in Section 2 of this
ordinance based upon the criteria enumerated in Section 1.26 (e) of the Unified Land
Development Code ( "ULDC "); and
WHEREAS, after receiving the report of the Commission, the City Council conducted a
public hearing on the SUP application and considered the application, the staff report, the
relevant supporting materials, and public testimony given at the public hearing; and
WHEREAS, the City Council thereafter made an affirmative finding that all of the
following conditions listed in Section 1.26 (d) "Approval criteria for special use permits" of the
ULDC have been met:
(1) That the specific use will be compatible with and not injurious to the use and
enjoyment of adjacent property or property immediately across the street, and not
significantly diminish or impair property values within the immediate vicinity in
any material way;
(2) That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding property;
(3) That adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided prior to the issuance of a certificate of
occupancy;
(4) That adequate nuisance prevention measures have been or will be taken to prevent
or control offensive odor, fumes, dust, light, noise and vibration prior to the
issuance of a certificate of occupancy;
Special Use Permit, Page 1
Special Use Permit No. 2014 -001
(5) That there are sufficient landscaping, screening, setbacks and other land use
measures to ensure harmony and compatibility with adjacent property;
(6) That the proposed use is in accordance with the comprehensive plan and generally
consistent with the ULDC; and
(7) That the site plan meets the criteria set forth in Section 1.26(e) of the ULDC;
NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: The findings contained in the preamble hereof are declared to be true and
correct and are hereby adopted.
Section 2: A Special Use Permit for a heavy industrial use as described in Exhibit
"A" is hereby granted on property at 0, 4210, 4318 North Highway 146, legally described as
Tracts 3, 4, 5, 6 out of the Christian Smith Survey, Abstract No. 69, Harris County, Texas,
subject to the following conditions:
(1) TCEQ permit and all other required state or federal permits need to be submitted
to City staff to be placed in the file within six months of the date of this SUP;
(2) Any concrete batch silos shall be painted a muted earth tone to blend in with the
background to avoid visual disruption from adjacent ROW and neighborhoods;
(3) No concrete crushing will occur on the property subject to this SUP at any time;
and
(4) Security!access gate(s) shall be located off the public right -of -way but on premise
to allow for the linear stacking of at least four concrete trucks.
Section 3: Nothing herein shall be construed as to authorize any other heavy
industrial uses other than the uses expressly enumerated on the Applicant's application and
attached site plan.
Section 4: This SUP shall take effect immediately from and after its passage by the
City Council of the City of Baytown and is subject to expiration and revocation as provided in
the ULDC.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 8`h day of May, 2014.
David McCartney, Mayor Pro Tern
Special Use Permit, Page 2
Special Use Permit No. 2014 -001
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
R:UCaren\Files\Planning\Zoning SPECIAL USE PERMIT for CC 05 08 2014 Clean.doc
Special Use Permit, Page 3
Exhibit "A"
City of Baytown Planning and Development Services
2401 Market Street
W rsal Development Application Baytown, TX 77520
Phone�281.420.5394
$}tl '141 Incomplete applications will not be accepted. Fax* 281420.53N
Indicate "NA" when an item does not pertain to your application. Planning @baytown.org
APPLICATION TYPE(S) - CHECK APPROPRIATE BOX(ES) BELOW
Zoning Map Amendment o Telecommunication Special Use ❑ Replat ❑ Land Development Plan
• Zoning Variance ❑ Landscape Variance ❑ Small Subdivision* ❑ Lot Line Adjustment /Consolidation
• Zoning Special Exception ❑ Subdivision Variance ❑ Minor Plat* o Fire Lane Easement
❑,Zoning Appeal o Preliminary Plat* o Amending Plat* ❑ Text Amendment
Zoning Special Use o Final Plat* ❑ Plat Certification o Other
See appropriate checklist and fee schedule for minimum requirements for each application. *These applications use the same checklist.
PROJECT INFORMATION
Project /Subdivision Name:
Project Address /Location:
11.1%
AJ
Brief Description of Project: �`v'�" `� ba'vr ' PTA-► I ' v
Parcels) Tax ID #(s): Q410 25OU4VU'-•t 5 ► L5 i yJ Property platted: Yes / No / Don't Know
Type (acres): 0 Residential .Commercial t2lt__J:) , Total Acres: c ±3 ETJ: OYes )d No
Existing Zoning # of Existing Lots # of Existing Units N/A- Current Use rn 1",,,� «Y//
Proposed Zoning � # of Proposed Lots # of Proposed Units W— Proposed lUse wniclre k- � � / D lanI
Utility Provider: Water Supply _ Sanitary Facility
I would like to attend a meeting with the Developmen Review Committee (DRC) 0Yes^No County: OChambers XHarris
APPLICANT & OWNER INFORMATION
�j]', (Please print or type— Primary 4ont -act will be notified)
V V �/ �C.�Q�1 L -LI'l� VI
Owner Na /m,,e: trO �S Email: QQ h �
Address: l 316i O City: ba n State:
Phone. ��!! Inn C;' Fax: v,/ -T�,,� `,r1
Applicant Name: l_,( r tTu ^.�r�'� t�f I eq rw?_ ( ry I IL/ Email: 1 I t C an r��� -t —� 2
Address: Q J_ R �j 2 Fes- /y� /City: r1 State: Zip f N �` J
Phone: � �— 3g5` oZbl Fax OCO I'" 38 `y""IC)[(J
Contact Person (If different from applicant):
Address:
Phone:
Fax:
Email:
City: State: Zip
By signing this application, staff is granted access to your property to perform activities related to your case. If the property owner is not
signing, legally suffic t s!gapture authority verification (i.e. letter of authorization to apply) must b provided at the time of application.
Signature(s): Printed/Typed Name(s): -1 'a 1sDL4i
Known to in b e person(s) whose name(s) is /are subscribed to the above and foregoing instrument, and acknowledged to me that they
executed tb sa or he 1226066604 ration ex ressed and in the capacity therei to ed. Given under my hand and seal of office on
this ) T� _ I!_ 20 7i~ _ M /'�) r J /1n
COMMISSION
FOR DEPARTMENT USE ONLY:
tary Public
Project #:
Project Manager: Submittal Date: Accepted By: Total Fee(s): $
Completeness review by: Date: Approved by:
Approval Date:
62713
i
City of Baytown
Plw=g and Development Servim
2401 MmketSnet
Daywwn. TX n520
Fe 211 1 420•JJ94
Fax' 2A 420•5390
Development Application
Plamint@baytowmorg
General Information and Submittal Requirements Checklist
Carefully review the following information before submitting a zoning special use application. It is the applicant's
responsibility to defend their case before the Planning and Zoning Commission ( "Commission ") and the City
Council. The Commission shall make a recommendation to the City Council to approve or disapprove the proposed
special use permit based upon whether ALL of the criteria set forth below are met.
The following list of submission requirements shall be used by the applicant as a checklist in preparing a complete
zoning special use application. The City shall also use the checklist to verify the completeness of the application at
the time it is submitted. Applicants are responsible for submitting complete applications. Incomplete applications
will? rejected and returned to the applicant.
Universal Development Application — complete with all required signatures
Application Fee — $500.00
Agent Information — If you are an agent and not the property owner, then you shall submit a notarized
statement from the owner naming you as agent for this zoning action or you must provide an executed
contract for sale allowing you to apply for this special use permit.
Applicant's Statement — The statement shall: list the reason(s) for requiring a zoning special use permit;
identify the existing zoning district and the current and proposed property uses; and, indicate the section(s)
of the Unified Land Development Code ( "ULDC") that require this special use permit. Finally, the
statement shall illustrate how the applicant's request addresses the following criteria (NOTE: a special use
permit can only be granted when ALL of the following criteria are met):
I. This special use permit will be compatible with and not injurious to the use and enjoyment of other
property, not significantly diminish or impair property values within the immediate vicinity in any
material way.
I This special use permit will not impede the normal and orderly development and improvement of
surrounding property.
3. This special use permit will ensure that adequate utilities, access roads, drainage and other necessary
supporting facilities have been or will be provided prior to the issuance of a certificate of occupancy.
4. This special use permit will ensure that adequate nuisance prevention measures will be taken and
maintained to prevent or control offensive odor, fumes, dust, noise and vibration prior to the issuance
of a certificate of occupancy.
5. This special use permit will ensure that there are sufficient landscaping, screening, setbacks and other
land use measures to ensure harmony and compatibility with adjacent property.
6. The proposed use is in consistent with the comprehensive plan and is generally consistent with the
purposes with the ULDC.
7. That the site plan meets the criteria set forth in the ULDC Section 1.26 (c), where as the planning and
zoning commission may recommend and the city council may adopt other conditions on any special
use permit application that are needed to protect the public health, safety and welfare, including but not
limited to, hours of operation and additional landscape or parking requirements.
By signing below I acknowledge that I have reviewed the General Information and Submittal Requirements
Checklist and have included the required submittal items and reviewed them for completeness and accuracy.
X t"-. J-�l��I�-
jA]pp lcani(s) Signature Date
to Ur` i1.Lo
Applic t(s) Printed Name
Version: 4/4/2013
Zoning S^rcial Use Permitnequest
February 18, 2014
City of Baytown
Planning and Zoning Commission
2407 Market Street
Baytown, Texas 77520
Ref: Jonathan Groves
Zoning Special Use Permit Request
1. This special use permit will be compatible with and not injurious to the use and enjoyment of other property, not
significantly diminish or impair property values within the immediate vicinity in any material way.
The land Is currently MU and abuts H/ to the south, State HWY 146 to the west; and Cedar Bayou to the
east The south portion will be zoned H/ and the property to the east and north will be zoned U. See
attached map.
2. This special use permit will not impede the normal and orderly development and improvement of surrounding
property.
H/ zoning is compatible with and furthers the existing H/ zoning to the south. U provides a buffer to the
east and north.
3. This special use permit will ensure that adequate utilities, access roads, drainage and other necessary supporting
facilities have been or will be provided prior to the issuance of a certificate of occupancy.
Will connect the development to Hwy 146 and connect to existing Infrastructure.
4. This special use permit will ensure that adequate nuisance prevention measures will be taken and maintained to
prevent or control offensive odor, fumes, dust, noise and vibration prior to the issuance of a certificate of occupancy.
Owner will obtain construction and operating permits from TCEQ for a concrete batch plant
5. This special use permit will ensure that there are sufficient landscaping, screening, setbacks and other land use
measures to ensure harmony and compatibility with adjacent property
No adverse Impacts will result as setbacks, green space, and landscaping requirements will be Increased
from mixed use. A 200 ft. water protection easement will be provided adjacent to Cedar Bayou. Buildings
will be above 100 year flood plain and Inside the required building setbacks.
6. The proposed use is consistent with the comprehensive plan and is generally consistent with the purposes with the
ULDC.
Owner will apply for a map change to assist In correcting any Inconsistencies with the comprehensive plan
and will be consistent with the purpose of the ULDC.
7. That the site plan meets the criteria set forth in the ULDC Section 1.26 (e), where as the planning and zoning
commission may recommend and the city council may adopt other conditions on any special use permit application that
are needed to protect the public health, safety and welfare, including but not limited to, hours of operation and additional
landscape or parking requirements.
The site plan will meet the criteria set forth in the ULDC Section 1.26 (e)
REVISED 2/28/14
Exhibit "A"
LI N 31'05'06" W 1512'
L2 S 56'50'33" W 15 94'
L3 S 17'27'38" E 18 37'
L4 N 81'36'45" W 17 25'
L5 S 19.06'05" W 11.25'
L5 S 35'48'45" E 9 21'
EXISTING DRIVEWAY
S 81'36'01" E --, 59.41'
S 11'41'34" E
266.83'
KAREN L NAPIER TRUST
TRACT 5A
ABSTRACT 69 C SMITH
H.C.C.F.N20120302118
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GUERRERO PABLO
TR 14
ABST 69 C SMITH
H C C F #VO81951
N 80'44'59" E
269.59' ,
�,a
SED /
TE PLANT
T
X-IXISTING UC 1163 36PROPOSED
UCTURE DRIVEWAY
N 7g•4539 E
BAYER CORP
TRACT 7 & 8
ABSTRACT 69 C SMITH
H. C.C.F. #T213585
ATTACHMENT "A"
I SCALE
C
J)
°CP
S 44.59'5p" W
20 47
S a 65B' DO" W APPROX
WATER'S
1. SS 755'2711'1.1" W EDGE
S3 53563 25888" W
S 5392 07'6•• W QJ
pggSaa 3340 12.5" W Q
z3 p� LEGEND
r`.. S 154?1' W
aa }3 0 " W BUILDING SETBACK AREA
��6241
S Dig 8048" E ■ AVAILABLE BUILDING AREA
S 2 32.03' 4" E ■ 50 /100FT VEGETATIVE BUFFER
1S 0055..577'° W WATER PROTECTION ZONE
N 39'35'10" W
JV�N 040
4250" W LIGHT INDUSTRIAL ZONE.
� N 81'59'49 E
Ij N 58'07'51" W 30.12'
1 37 43' 100 YEAR FLOOD PLAIN
APPROX WATER'S EDGE I
LEGEND HEMS THAT MAY APPEAR IN '
FI.R = FOUND IRON ROD
PAE : PERMANENT ACCESS EASEMENT
(� CONTROL MONUMENT
= WOODEN FENCE
DRAWING BELOW
F I P FOUND IRON PIPE
P U E PUBUC UTILITY EASEMENT
MUS � MUNICIPAL UTILITY EASEMENT
� SET IRON ROD
WSE � WATER k SEWER EASEMENT
� PROPERTY LNE
- CHAIN LINK FENCE
U.E. UTILITr EASEMENT
Wp
WP WOODEN POST
EE ELECTRIC EASEMENT
A.E.: AERIAL EASEMENT
MP METAL POST
PC POINT OF CURVATURE
EASEMENT UNE
. METAL FENCE
D.E. =DRAINAGE EASEMENT
FF B = CLERK'S FILE NUMBER
p T = POINT OF TANGENCY
S.S.E. = SANITARY SEWER EASEMENT
POC POINT OF COMMENCING
P R C POINT OF REVERSE CURVATURE
— - BU4D NC SETBACK LME
�— : WIRE FENCE
STIA.S.E. - STORM SEWER EASEMENT
P 0 B POINT OF BEGINNING
BL BUILDING LINE
PCC POINT OF COMPOUND CURVATURE
W.L.E.: WATER LINE EASEMENT
FNO FOUND
PP POWER POLE
BRS - BEARS
- BUILDING WALL
—Y— - VINYL FENCE
LI N 31'05'06" W 1512'
L2 S 56'50'33" W 15 94'
L3 S 17'27'38" E 18 37'
L4 N 81'36'45" W 17 25'
L5 S 19.06'05" W 11.25'
L5 S 35'48'45" E 9 21'
EXISTING DRIVEWAY
S 81'36'01" E --, 59.41'
S 11'41'34" E
266.83'
KAREN L NAPIER TRUST
TRACT 5A
ABSTRACT 69 C SMITH
H.C.C.F.N20120302118
3
.h'Oy
ryh h
h 1
�P o
vJ
16
e
GUERRERO PABLO
TR 14
ABST 69 C SMITH
H C C F #VO81951
N 80'44'59" E
269.59' ,
�,a
SED /
TE PLANT
T
X-IXISTING UC 1163 36PROPOSED
UCTURE DRIVEWAY
N 7g•4539 E
BAYER CORP
TRACT 7 & 8
ABSTRACT 69 C SMITH
H. C.C.F. #T213585
ATTACHMENT "A"
I SCALE
C
J)
°CP
S 44.59'5p" W
20 47
S a 65B' DO" W APPROX
WATER'S
1. SS 755'2711'1.1" W EDGE
S3 53563 25888" W
S 5392 07'6•• W QJ
pggSaa 3340 12.5" W Q
z3 p� LEGEND
r`.. S 154?1' W
aa }3 0 " W BUILDING SETBACK AREA
��6241
S Dig 8048" E ■ AVAILABLE BUILDING AREA
S 2 32.03' 4" E ■ 50 /100FT VEGETATIVE BUFFER
1S 0055..577'° W WATER PROTECTION ZONE
N 39'35'10" W
JV�N 040
4250" W LIGHT INDUSTRIAL ZONE.
� N 81'59'49 E
Ij N 58'07'51" W 30.12'
1 37 43' 100 YEAR FLOOD PLAIN
APPROX WATER'S EDGE I