Ordinance No. 12,731 ORDINANCE NO. 12,731
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT TO CEDAR GROVE PARK,
LLC, FOR THE DEVELOPMENT OF A RECREATIONAL VEHICLE PARK
TO BE LOCATED AT 4471 SH 146 AND 3410 MASSEY TOMPKINS ROAD,
LEGALLY DESCRIBED AS TRACTS 6S, 5B AND 10B OUT OF THE
CHRISTIAN SMITH SURVEY, ABSTRACT 69, BAYTOWN, TEXAS, BEING
APPROXIMATELY 30.9 ACRES; AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO
SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, Cedar Grove Park, LLC, filed an application for a special use permit for the
development of a recreational vehicle park on property that is currently zoned as General
Commercial (GC); and
WHEREAS, a recreational vehicle park is a permitted use with conditions in the GC
zoning district; and
WHEREAS, one of the required conditions for the development of the recreational
vehicle park in the GC zoning district is a special use permit; and
WHEREAS, the Planning and Zoning Commission held public hearings on August 19,
2014, September 16, 2014, and November 18, 2014; and
WHEREAS, on November 18, 2014, the Planning and Zoning Commission voted by a
vote of 7 to 1 to recommend approval of the special use permit, with the following conditions:
1. Request to install an acceleration and deceleration lane along SH 146 to exit and enter
into the property (or equivalent depending on response from TXDOT) in lieu of a full
blown Traffic Impact Analysis.
2. Ensure that the lot 3410 Massey Tompkins will be used for ingress and egress for
perpetuity and that this property at no time can be built on or sustain a commercial
entity. Such requests will need to be placed on a recorded plat or by separate
instrument.
3. Plant and maintain on 3410 Massey Tompkins an extensive vegetation buffer along
the east and west sides of the lot to buffer the driveway from adjacent properties for
perpetuity and only be used as ingress and egress to the RV park.
4. Provide an entry to the two commercial tracts along SH146 from a single entry drive
from SH146 minimizing additional entries and further congestion along the SH146
corridor.
5. Provide and maintain additional landscaping within each RV site layout to ensure
additional vegetation will be added to the property for buffering and aesthetics.
6. Submit proposed deed restrictions regarding the restricted use and landscaping
requirements on 3410 Massey Tompkins to staff to review and approve prior to
recording.
7. Maintain all existing vegetation within the 20' buffers surrounding the property,
except for any requirements for drainage; and
WHEREAS, after receiving additional information regarding the project at the public hearing,
staff recommends the following conditions as well:
1. Clarify that approved deed restrictions shall be recorded, run with the land, and not be
amended in a manner inconsistent with the SUP;
2. Provide and maintain a minimum 8 foot opaque fence surrounding the RV
development; and
3. Provide that the required commercial development along the frontage of SH 146 shall
be no smaller than 5 acres in size, which would also include the entrance driveway to
the RV park;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 Cedar Grove Park, LLC, for the development of a recreational vehicle
park to be located at 4471 SH 146 and 3410 Massey Tompkins Road, legally described as Tracts
6S, 5B and 10B out of the Christian Smith Survey, Abstract 69, Baytown, Texas, being
approximately 30.9 acres, 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 e of the City Council of the
City of Baytown this the I I'h day of December, 2014.
S PHE DONCARLOS, Ma or
ATTEST:
LETICIA BRYSCH, City Jerk
0
APPROVED AS TO FORM:
ACIO RAMIREZ, SR.&l)Ny Attorney
RAKarenTiles\City Council�Ordinances\2014\December I ASUNRVPark.doc
3
Exhibit "A"
Special Use Permit No. 2014-002
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 Michael Bell for and on behalf of the land owner R.D Burnside
(the "Applicant") for property at 3410 Massey Tompkins Road and 4471 North Highway 146,
legally described as Tracts 6S, 5B and 10B out of the Christian Smith Survey, Abstract 69,
Baytown, Texas, being approximately 30.9 acres of land located approximately 400 feet south of
Massey Tompkins Dr., and west of SH 146, 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 the fifth recital
contained in Ordinance No. 12,731 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. 2014-002
(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 Recreational Vehicle Park use at 3410 Massey
Tompkins Road and 4471 North Highway 146, legally described as Tracts 6S, 5B and 1013 out of
the Christian Smith Survey, Abstract 69, Baytown, Texas, being approximately 30.9 acres of
land located approximately 400 feet south of Massey Tompkins Dr., and west of SH 146, subject
to the following conditions:
1. Request to install an acceleration and deceleration lane along SH146 to exit and enter into
the property (or equivalent depending on response from TXDOT) in lieu of a full blown
Traffic Impact Analysis;
2. Ensure that the lot 3410 Massey Tompkins will be used for ingress and egress in
perpetuity and that this property at no time can be built on or sustain a commercial entity.
These requests will need to be placed on a recorded plat or by separate instrument;
3. Plant and maintain on lot 3410 Massey Tompkins an extensive vegetation buffer along
the east and west sides of the lot to buffer the driveway from adjacent properties in
perpetuity and only be used as ingress and egress to the RV park;
4. Provide an entry to the two commercial tracts along SH146 will only gain access from
the single entry drive from SH146 minimizing additional entries and further congestion
along the SH146 corridor;
5. Provide and maintain additional landscaping within each RV site layout to ensure
additional vegetation will be added to the property for buffering and aesthetics;
6. Submit proposed deed restrictions regarding the restricted use and landscaping
requirements on 3410 Massey Tompkins to staff to review and approve prior to
recording. Approved deed restrictions shall be recorded, run with the land, and not be
amended in a manner inconsistent with the SUP;
7. Maintain all existing vegetation within the 20' buffers surrounding the property, except
for any requirements for drainage;
8. Provide and maintain a minimum 8 foot opaque fence surrounding the RV park
development; and
9. Require that the commercial development along the frontage of SH 146 (i) be no smaller
than 5 acres in size, (ii) not be used as part of the RV park development except for an
entrance driveway into the RV park, and (iii) be developed and used as "retail" as that
term is defined in Article IV of the Unified Land Development Code.
10. Provide and maintain a 40-foot vegetative buffer between the RV Park and the school, to
the north and west, and between the RV Park and the single-family residential
Special Use Permit, Page 2
Special Use Permit No. 2014-002
development to the south, as more particularly depicted in Exhibit"A,"which is attached
hereto and incorporated herein. I
Section 3: Nothing herein shall be construed as to authorize any additional acreage
for the construction of a recreational vehicle park as other than the area 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 requirements as
provided in the ULDC.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the I I Oi day of December, 2014.
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
1 Please consider attaching a map so that we have a good visual of this.
Special Use Permit, Page 3
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