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Ordinance No. 12,594ORDINANCE NO. 12,594 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A DETAIL PLAN FOR SAN JACINTO RETIREMENT COMMUNITY, LOCATED AT 1105 DECKER DRIVE AND LEGALLY DESCRIBED AS TRACTS 43,43A AND 43D, TRACTS 1 - 5 BLOCK 1, AND TRACTS 1 - 5 BLOCK 2, OF PRUETT ESTATES SECTION 1, ABSTRACT 840, OF THE H WHITING SURVEY, HARRIS COUNTY, TEXAS; 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. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, Section 2.1 of the Unified Land Development Code (the "ULDC ") provides that "[n]o new construction building permit shall be issued for a structure within the LC district unless an approved detail plan meeting the requirements specified in Section 2.08 has been approved in accordance with such section "; and WHEREAS, such detail plan requirements include, but are not limited to, the details of the development, the development's relation to the comprehensive plan, the acreage, permitted uses, the proposed areas reserved for open space, information regarding surrounding uses; traffic and transportation information, proposals for deviations from the development standards of the LC district, and certain information regarding the existing conditions of the property, utilities, etc.; and WHEREAS, the owners of San Jacinto Retirement Community, located at 1105 Decker Drive, which is more specifically described as Tracts 43,43A and 43D, Tracts 1 - 5 Block 1, and Tracts 1 - 5 Block 2, of Pruett Estates Section 1, Abstract 840, of the H Whiting Survey, Harris County, Texas, (the "Property") has submitted a detailed plan for a mixed use independent, assisted and personal care facility with retail and restaurant in the LC zoning district (the "Plan"); and WHEREAS, in accordance with the ULDC, the Planning and Zoning Commission reviewed the detail plan, held a public hearing on the plan, and, after making the requisite findings contained in the ULDC regarding the Plan, submitted its recommendation for approval to the City Council; WHEREAS, after proper notice, the City Council held a public hearing regarding the Plan on August 14, 2014; NOW THEREFORE, 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 approves the detailed plan, including the modified development standard specified therein, which plan is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: 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 3: 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 4: 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 5: 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. ATTEST: BRYSCH, APPROVED AS TO FORM: NACIO RAMIREZ, SR., it Attorney NIEP,CEDES RENTERIA III, Mayor Pro Tem 1ICOBFSOI`legahKarenTilesTity Counc&0rdinances\2014Wugust 1 4\ApprovingDetailPlan4SanJacintoRetirementCommunity.docx 2 -.t r 'Y •:�.� / ?? Of Z y 'fi • A • -1 APPROVED AS TO FORM: NACIO RAMIREZ, SR., it Attorney NIEP,CEDES RENTERIA III, Mayor Pro Tem 1ICOBFSOI`legahKarenTilesTity Counc&0rdinances\2014Wugust 1 4\ApprovingDetailPlan4SanJacintoRetirementCommunity.docx 2 Exhibit "A" D G A D O U G L A S G U I L I N G A R C H I T E C T Wednesday, June 11, 301.1 Ms. Tiffany Foster City of Baytown Planning and Zoning Department 2401 Market Street Baytown, Texas 775? 12 Daycare and a NVellness Center will be incorporated into the new usage. A new steak and seafood restaurant if proposed for the sixth floor that should have commanding views of the city. All three buildings will be reused. (7,9) Development standards required and proposed for the current zoning and proposed structure are shown on the drawings, and included herein on Attachment A. As you can see the proposed usage of the land is largely in conformity to these standards with the exception of building height. The existing structure is approximately 75 feet above die first floor and finish grade while the allowable for Livable Center Zoning is 60 ft. Due to the landmark status of the building in the community, and the fact that Baytown citizens are accustomed to the buildings height, we ask that this height restriction be waived on our site per the requested 80 feet. (1,13) Due to the decrease in parking requirements shifting the building usage from hospital to predominately retirement usage, the owners are able to give a large mass of green open space back to the area adjacent to Goose Creek that is now deteriorating asphalt. This open space is adjacent to the city park pavilion, the trail along Goose Creek, and adjacent westerly commercial areas. The proposed plan, viewed best on the site plan and landscape drawings submitted, will provide various green walking trails that will create a nice lawn that runs down the southwest side of the site to Goose Creek. (6,11,12) Infrastructure supporting the site is existing and consists of Decker Drive as the main thoroughfare in front of the property, with Sterling, Texas and Price Streets supporting vehicular traffic on other boundaries. Utilities are existing to the site primarily entering the building on Price Street and the rear of the property. (14,15) San Jacinto Retirement Community will provide a water sensitive landscape design working within the city landscape requirements. Gardens and several planting areas and walking paths will be provided for residents. The rear lawn will be a welcome space for residents. We ask that you consider and grant us approval for the detailed plan submitted. Let us know List of Drawings submitted, A0.0.1 Site Plan DGA A1.1.1 Proposed Elevations DGA C1 -C16 Civil Engineering Drawings (16) Hutchison and Associates _ Baytown L1.01- L1.04 Landscape Plans Feldman Design Studios IVIEP 1.1 Mechanical Site Plan Tchos Study Perspectives , / IWIS PLAN CONTAINS THE DETAILS OF THE PROPOSED SAN JACINTO RETIREMENT C.CMIJUNITY INTENDED TO ACT AS A CENTER OF SENIOR L: V1NG M THE BAYTOWN AREA PROVIDING LIV'NG FOR VARIOUS LEVELS OF SENIOR CARE, AND BRING NEW LIFE INTO A LANDMARK UATI4N THE COMMNUTY AND A SPARK OF GROIUTH N THE AREA USES WITHIN SITE - A551STED LiVNG W MEMORY CARE 63 INDEPENDENT L +V NG - APARTMENTS FOR OVER 55 AGE 44 TOTAL UNITS 199 ADULT DAY CARE UELLNESS CENTER RESTAURANT TOTAL GROSS SQUARE FOOTAGE PROPERTY DEVELOPMENT STANDARDS REQU RED LOT SIZE 104700 SF MNITIUM FRONT SETD.ACK 0 MINIMUM REAR SETBACK 0 MINIMUM INTERIOR SIDE SETBACK 0 MINIMUM STREET SIDE 6ET5ACK 0 MAXIM IM HTIGHT FT. 6019T. EXISTING PENTHOUSE PROPOSED ROOF TOP OF MINOR ELEMENTS PARPET MECHANICAL SCREEN PERCENT MAXIM III M LOT COVERAGE 15 z EXISTING PROPOSED MINIMUM LOT FRONTAGE REQUIRED LF vARIABLE PARKING 2200 5FF 2414 IF 6100 SF 225.456 SF PROPOSED 390,133 SF 8.91 ACRES 0 0 0 0 T5 FT APPROX 15 FT APPROX. 80 FT APPROX em 64% 1w '.D6 4 Attachment A - Excerpt from Large format sheet A0.0.1 Parking Analysis and Room Count San Jacinto Retirement Commun Parking Analysis Unit Breakdowns Baytown Spaces Spaces IS Use Ordinance UNITS Beds Required Provided Units by level of Care Beds per Beds ed Living 112.4•17 I Memory Assisted Inde . 1 6 beds Memory Assisted Indep Assisted 9I 98 16.33333 1 Memory Care 63 57 63 18 14.5 Double Long Semi Private 13 trident Living 1124.22 2 26 Memory Single 7 32 4 4 4 1 1 1 units efficiency less than 500 sf 1 4 36 38 57 2 is 1 units 500 sf greater er with 2 or more baths Custom Memory 2 4 3.S 1.75 1 units two bedroom apartment Semi Private 44 64.5 2 Subtotal for Multifamily 12 199 231 36 6.45 53 10% Guest Parking 10% of multi-family Space 112 .4•2 4674 Assisted Living e adult daycare, and wellness ctr 500 3 3 5110 sf first 500 sf 4174 20.87 1 200 1 sf 1 per each 200 0 over first 500 sf 0 tot. units 442 Floor 2 M65 146 67 1 want 1124.14 6700 I 300 if 51 Unit Breakdowns Count of Units In Each BuHdin Total Units Units by level of Care Beds per Beds Total Beds by Level of Care I Memory Assisted Inde . Memory Assisted Indep Main I Decker I Texas 1 18 18 Floor One 63 18 Memory Typical Main Double Long Semi Private 13 13 2 26 Memory Single 7 32 39 1 39 Memory Semi Private 1 4 5 2 1D Custom Memory Semi Private 6 6 2 12 Total Memory Units 27 36 53 87 Assisted Living Single Occupancy 18 IB Semi-Private 0 0 Floor 2 54 Assisted living Single Occupancy 32 19 51 1 51 Semi-Private 3 3 2 1 6 17 Floor 3 20 Single Occupancy 17 17 serni- Private 3 3 2 1 6 21 g0 Floor 4 22 Single Occupancy 21 21 Two Bedroom 1 1 2 1 2 21 Floor 5 22 Slgle Occupancy 21 21 Two Bedroom 1 1 2 2 46 Total All Floors 199 63 92 "1 87 98 46 126 36 37 199 1991 1 231 231 6/5/2014 3005 AM X \San Jac ma Praject\Data \Room Count2013 kirk slsa 1 �. i IL 0 �qOR i cg . x iI�,* j all i I it r r r % N � ..r J i P i!- z 4] yA L' r Jy =,jj I yr � f J t• ., �� bbwbrurrrnj� I � \ =% � ✓° � V ter-.- r�'L � t t f ` � +• + �u H 18 Jill Z11 Ira x- HN i U • Q t Al q w .a \ \•\� ' \94 Stitii3iS�tii ?ti �i-Z- . - ,1���j, t►\ • \.f•� � � I it tF i , t 1 � � �':M t_7 ,3 ytf�iij� s .fifllr{ f 1 I� � 4�ry iil1.�m F� f }\ \ IN i Z ntanit { r. 1 r v� + e 4 _ nina auaaafOa as an i an � � Q _ tt 1 1 ,► r y 1 01, o 0 0 0 0 0,0 ell I U` • { -- �� ' 1� r (,fix o Q 7 s IN wif -:1 z 1F'.t7 N r] 3 �_ '►-0y7 m$ C T��H m i {yam L \ J n� 0 m 4 2 G�3 0 N rn � ttk f' Ono i Ft� iil ni Iii ill," ii li � ? 1 rn � ttk f' Ono i