Ordinance No. 12,593ORDINANCE NO. 12,593
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT
CODE," ARTICLE I "GENERAL," DIVISION 2 "REVIEW AND DECISION -
MAKING BODIES," SECTION 1.8 "SUMMARY OF REVIEW AUTHORITY ";
DIVISION 3 "ADMINISTRATION AND PROCEDURES," SECTION 1.22
"CONTENTS OF NOTICE," TABLE 1 -3 "SUMMARY OF NOTICE
REQUIREMENTS "; AND SECTION 1.23 "REQUIRED PUBLIC HEARING ";
ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS,"
SECTION 2.08 "PLANNED UNIT DEVELOPMENTS "; AND DIVISION 3
"LAND USE TABLES AND CONDITIONS, SECTION 2.09 "LAND USE
TABLES," TABLE 2 -2 "NON- RESIDENTIAL USES "; AND SECTION 2.10
"LAND USE CONDITIONS," SUBSECTION A "NON- RESIDENTIAL
CATEGORIES," SUBSECTION 47 "ALL USES ALLOWED IN LC" TO ADD
NURSING HOMES AND ASSISTED LIVING FACILITIES AS ALLOWED
USES IN THE LIVABLE CENTER ZONING DISTRICT; TO REMOVE
AUTOMOBILE FACILITY MAJOR, AND AUTOMOTIVE REPAIR MINOR
AS ALLOWED USES IN THE LIVABLE CENTER ZONING DISTRICT; TO
CLARIFY THE APPROVAL PROCESS TO BE USED FOR A DETAIL PLAN
WITHIN THE LIVABLE CENTER ZONING DISTRICT AND; TO REFINE
THE PROCESS TO BE USED FOR THE CREATION OF A PLANNED UNIT
DEVELOPMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Appendix A "Unified Land Development Code," Article I "General,"
Division 2 "Review and Decision - Making Bodies," Section 1.8 "Summary of review authority"
of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE I. GENERAL
DIVISION 2. REVIEW AND DECISION - MAKING BODIES
Sec. 1.8 Summary of review authority.
Table 1 -2 summarizes the review and decision - making authority of each review body for
the city concerning the provisions of this ULDC.
Table 1 -2. Summary of review authority.
Administrative appeal (zoning)
DM
[It nterpretation of text
DM
pecial exception
DM
Special use permit
R
R
DM
ULDC zoning text amendment
R
R
DM
Zoning map amendment (rezoning, overlay,
PUD, detail plan)
R
R
DM
Zoning variance
R/DM*
DM
R = Reviewer and/or Recommender
DM = Decision Maker
*Reference regulations of this ULDC that define when the director is the decision maker.
Section 2: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.22 "Contents of notice," Table 1 -3
"Summary of notice requirements" of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE I. GENERAL
DIVISION 3. ADMINISTRATION AND PROCEDURES
Sec. 1.22 Contents of notice.
Table 1 -3. Summary of notice requirements.
PA
Procedure Published Mailed
ULDC zoning text amendment X
Siuns
Website
X
Zoning map amendment (rezoning, X X
overlay, PUD, detail plan)
X*
X
Zoning variance X X
X
X
X = Notice required
X* = Notice required subject to subsection 1.21(c)
Section 3: That Appendix A "Unified Land Development Code," Article I "General,"
Division 3 "Administration and Procedures," Section 1.23 "Required public hearing" of the Code
of Ordinances, Baytown, Texas, is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE I. GENERAL
DIVISION 3. ADMINISTRATION AND PROCEDURES
Sec. 1.23 Required public hearing.
Table 1 -4 identifies the types of applications requiring a public hearing and the review
body responsible for conducting the hearing.
Table 1 -4. Required public hearings.
Application
Administrative appeal (zoning)
Board of
Adjustment
X
Planning and
Zoning
City
Council
Special exception
X
Special use permit
X
X
ULDC zoning text amendment
X
X
Zoning map amendment (rezoning, overlay,
PUD, detail plan)
X
X
Zoning variance
X
X = Public hearing required
Section 4: That Appendix A "Unified Land Development Code," Article II "Use
Districts," Division 2 "Zoning Districts," Section 2.08 "Planned unit developments" of the Code
of Ordinances, Baytown, Texas, is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.08 Planned unit developments.
(a) Purpose. The planned unit development district is a district designed to provide for the
development of land as an integral unit for single or mixed uses in accordance with a
detail plan that may vary from the established regulations of other zoning districts. It is
the intent in such a district to insure compliance with good zoning practices while
allowing certain desirable departures from the strict provisions of specific zoning
classifications.
(b) Application. An application for a planned unit development district shall be processed in
accordance with this ULDC.
(c) Base district. A base zoning district shall be specified. The regulations in the base zoning
district shall control unless specifically stated otherwise in the PUD. The base district
specified in the plans is the minimum criteria to be met where the developer and council
choose not to specify standards as an alternative to the base.
(d) Detail plan requirements. The application for a planned unit development district must
have a detail plan, which shall include the following:
(1) Purpose. The detail plan contains the details of development for the property;
(2) Relation to the comprehensive plan. A general statement setting forth how the
proposed development will relate to the city's comprehensive plan and the degree
to which it is or is not consistent with the comprehensive plan and the proposed
base zoning district;
(3) Acreage. The total acreage in the plan as shown by a survey or plat, certified by a
registered professional land surveyor;
(4) Land uses. Permitted uses, specified in detail, and the acreage for each use;
(5) Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage
facilities and other existing or proposed off -site improvements, sufficient to
demonstrate the relationship and compatibility of the development to the
surrounding properties, uses, and facilities;
(6) Traffic and transportation. The location and size of all streets, alleys, parking lots
and parking spaces, loading areas or other areas to be used for vehicular traffic;
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the proposed access and connection to existing or proposed streets adjacent to the
development and the traffic generated by the proposed uses. Identify the
relationship of each proposed street to the city's major thoroughfare plan;
(7) Development standards. Development standards, if different from the base zoning
district, for each proposed land use, as follows:
a. Minimum lot area;
b. Minimum lot width and depth;
C. Minimum front, side, and rear building setback areas;
d. Maximum height of buildings;
e. Maximum lot coverage;
f. Maximum floor -to -area ratios for nonresidential uses;
g. Minimum parking standards for each general land use; and
h. Other standards as deemed appropriate.
(8) Existing conditions. On a scaled map sufficient to determine detail, the following
shall be shown for the area within the proposed development:
a. Existing streets;
b. Existing 100 -year floodplain, floodway and major drainage ways;
C. Zoning districts within and adjacent to the proposed development;
d. Land use; and
e. Utilities, including water, wastewater and electric lines.
(9) Buildings. The locations, maximum height, maximum floor area and minimum
setbacks for all nonresidential buildings;
(10) Residential development. The numbers, location, and dimensions of the lots, the
minimum setbacks, the number of dwelling units, and number of units per acre
(density);
(11) Water and drainage. The location of all creeks, ponds, lakes, floodplains or other
water retention or major drainage facilities and improvements;
(12) Utilities. The location and route of all major sewer, water, or electrical lines and
facilities necessary to serve the development;
(13) Open space. The approximate location and size of greenbelt, open, common, or
recreation areas, the proposed use of such areas, and whether they are to be for
public or private use;
(14) Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or
bicycle use;
(15) Landscape plan; and
(16) Phasing schedule. A development larger than 100 acres shall provide a phasing
schedule depicting the construction phases.
(e) Planning and zoning commission recommendation of detail plan and planned unit
development. The planning and zoning commission shall review and make
recommendations on a detail plan and PUD to the city council. The planning and zoning
commission shall make a recommendation to approve if it finds that the detail plan and
PUD satisfies the criteria specified in section 1.26 (c), except for section 1.26 (c)(5).
(f) Approval of detail plan and planned unit development. The city council may, after
receiving a recommendation from the planning and zoning commission, approve by
ordinance a detail plan and the creation of a PUD based upon a detail plan. The detail
plan shall be made part of the ordinance establishing the PUD. Upon approval said
change shall be indicated on the zoning maps of the city. The development standards and
requirements delineated in the detail plan for uses proposed shall be established based
upon the particular merits of the development design and layout. Such standards and
requirements shall be more or less restrictive than the standards established in the base
zoning district for the specific type uses allowed in the district. Modifications in these
regulations may be granted by the council if it shall be found that such modifications are
in the public interest, are in harmony with the purposes of this ULDC and will not
adversely affect nearby properties.
(g) Expiration of detail plan. A detail plan shall be valid for two years from the date of its
approval. If a building permit has not been issued within the two years, the detail plan
shall automatically expire and no longer be valid. The council may, prior to expiration of
the detail plan, for good cause shown, extend for up to 12 months the time for which the
detail plan is valid. If the detail plan is part of a PUD, the zoning designation and
development standards revert to the underlying zoning district and all future phases are
also expired.
(h) Review of progress; termination of detail plan. Annually, on or about the time of the
original city council approval, the planning and zoning commission may review progress
on the development. If measurable progress cannot be demonstrated by the developer of
the detail plan, then the planning and zoning commission may recommend to the city
council to void the detail plan. If the detail plan is part of a PUD and found to be void,
the PUD and the remaining phases of the PUD are also void.
(i) Changes in detail plan. Changes in the detail plan shall be considered the same as a
zoning map amendment and follow sections 2.08(e) and (f) for approval and shall be
processed in accordance with this ULDC. Those changes which do not alter the basic
relationship of the proposed development to adjacent property and which do not alter the
uses permitted or increase the density, floor area ratio, height, or coverage of the site, or
which do not decrease the off - street parking ratio or reduce the landscape provided at the
boundary of the site, as indicated on the approved detail plan, may be authorized by the
director. Any applicant may appeal the decision of the director to the planning and zoning
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commission for review and decision as to whether an amendment to the detail plan or
planned unit development district shall be required.
0) Deviation from code standards. The city council may approve a PUD or detail plan with
deviations from any provision in this ULDC. Such deviations shall be listed or shown as
part of the ordinance that approves the detail plan or PUD. The focus shall be on the
provision of private open space, trails and connections to the public trail system, higher
standards for site design, and the provision of other amenities such as community
buildings, preservation of view corridors, for example.
Section 5: That Appendix A "Unified Land Development Code," Article Il "Use
Districts," Division 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," Table
2 -2 "Non- residential uses" of the Code of Ordinances, Baytown, Texas, is hereby amended to
read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 3. LAND USE TABLES AND CONDITIONS
Sec. 2.09. Land use tables.
This section sets forth the land uses allowed in each zoning district. In the following
tables "P" means permitted use and "PC" means permitted use with conditions as set forth in the
conditions tables in division 3 of this article. Where neither a "P" nor a "PC" exists in the table,
the use is prohibited. To the extent that there is a conflict between the use tables and the
conditions, the use table controls.
Table 2 -2. Non - residential uses.
USES
Agriculture (may include animal
husbandry - raising of animals
including livestock) excluding
feedlots
MU NSC
P P
ACE GC
P
LC Ll Hl
P P
1
IIEF
Animals
Kennels
PC
A25
Animal hospital
PC
PC
PC
A25
Exotic animals
PC
PC
PC
PC
A5
Auto body shop
P
PC
P
Al
Automobile facility, major
P
PC
I
P
A2, A47
Automotive repair, minor
P
P
P
REF
A47
Boat and RV storage
P
PC
P
A36
Building, heating, plumbing, general,
service or electrical contractors with
P
PC
P
A3
outdoor storage
Community services
P
P
P
P
PC
P
A47
Containers
PC
PC
PC
PC
A6 -7
Day care
P
P
P
PC
PC
PC
A8, A47
Drilling, oil or gas operations
A23, A29,
PC
A29.5,
A34
Dwelling unit
PC
PC
PC
A44, A47
Eating establishments
Full service
p
PC
PC
P
PC
P
PC
A9 -10,
Al2, A47
Limited service
P
PC
P
PC
P
PC
A9, A11-
12, A47
Entertainment facilities, including
PC
PC
PC
PC
A45, A47
bars and lounges
Equipment sales and rental facilities
P
P
P
Excavation
PC
PC
A23
Extended stay motel
PC
PC
A13
Funeral home
PC
PC
PC
A33, A47
Gas station minimart
P
PC
P
PC
A14, A47
Gas station minimart with limited
P
PC
P
PC
Al 5, A47
food preparation
Gas stations
P
PC
P
PC
P
A16, A47
Gravel pit
PC
A23
Grocery stores
P
PC
PC
P
PC
A19, A47
Group housing,
Boardinghouse,
Dormitory, Halfway
PC
PC
A20 -22
house, Orphanage,
Group home for
substitute care
REF
Homeless shelter PC PC A21 -22
Hotels and motels P P P PC P
A47
Junk and salvage yard PC PC
A23
Live outdoor exhibitions PC PC PC
A26, A47
Medical facilities
Hospitals
P
P
P
Clinics
P
P
P
PC
P
PC
A4, A47
Medical waste storage
and disposal center
PC
PC
A23
Nursing homes and assisted living
facilities
PC
PC
PC
A20, A22
Office
p
PC
PC
P
PC
P
PC
A27 -28,
A47
Oil or gas wells
PC
A23, A29
Outdoor storage
PC
PC
PC
P
P
A42
Packaging
PC
PC
A23
Parking, commercial
P
P
PC
A47
Personal service
P
P
P
P
PC
P
A47
Pet stores
PC
PC
PC
PC
A32
Places of assembly
PC
PC
PC
PC
PC
A30,
A30A,
A47
Recreational vehicle park
PC
PC
A31
Repair business
P
P
P
P
PC
A47
Resource extraction
PC
A23, A34
Retail
General
P
PC
P
P
PC
P
A18, A47
Big box
PC
PC
A17
Sandblasting
PC
PC
PC
A23
Self storage
P
P
P
Slaughterhouse
PC
A23, A35
Supply houses directly to industry not
to individuals
P
P
USES
Telecommunication facilities
MU
PC
NSC
ACE
GC
PC
LC
Ll
PC
HI
PC
COND
REF
A37
Towing service
PC
P
A38
Towing yard
PC
P
A42
Truck stop
PC
P
A46
Truck terminal
P
P
Vehicle sales, rental or leasing
facility, industrial
P
P
P
Vehicle sales, rental or leasing
facility, personal
P
P
P
Vehicle storage
P
PC
P
A36
Warehouse and freight movement
PC
PC
P
P
A40
Waste related services
Landfills
P
Recycling centers
PC
P
A41
Wholesale trade
P
P
Section 6: That Appendix A "Unified Land Development Code," Article Il "Use
Districts," Division 2 "Zoning Districts," Section 2.10 "Land use conditions," Subsection A
"Non- Residential Categories," Subsection 47 "All uses allowed in LC" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE II. USE DISTRICTS
DIVISION 2. ZONING DISTRICTS
Sec. 2.10 Land use conditions.
This section sets forth the conditions associated with identified land uses in section 2.05.
10
Table 2 -6. Use conditions.
Land Use i Applicable Cond do
District
A. Non - Residential Categories
47
All uses allowed
LC
No commercial permit for new construction or an
in LC
increase to the footprint and/or square footage of an
existing structure shall be issued within an LC district
without an approved detail plan in accordance with
section 2.08.
Section 7: 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 may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 8: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 9: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 10: 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 14th day of August, 2014.
M R EDES RENTERIA III, Mayor Pro Tern
APPROVED AS TO FORM:
ACID RAMIREZ, SR., City It �maey
\COBFSOI \Legal \Karen \Files�,City Council \Ordinances\2014\August 14\ULDC Amend for Detail Plan.docx
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