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CC Resolution No. 2397RESOLUTION NO. 2397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING A MULTI - FAMILY RESIDENTIAL HOUSING DEVELOPMENT POLICY TO ASSIST IN THE EVALUATION OF ZONING AMENDMENT REQUESTS FOR THE DEVELOPMENT OF MULTI - FAMILY RESIDENTIAL HOUSING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, forty -eight (48) multi - family residential housing developments, each with fifty (50) or more dwellings units comprising of nine thousand five hundred eighty (9,580) total dwelling units, currently exist within the corporate limits of the City of Baytown; and WHEREAS, an additional eight (8) multi - family residential housing developments are currently either under construction or planned, resulting in an additional two thousand two hundred sixty -four (2,264) dwelling units within the corporate limits of the City of Baytown; and WHEREAS, no land, other than the aforementioned existing and planned multi - family residential housing developments having a total of eleven thousand eight hundred forty -four (11,844) dwelling units, is appropriately zoned to allow similar developments within the City in the future; and WHEREAS, as such, any person desiring to engage in such a development in the future must make an application to amend the official zoning map; and WHEREAS, in order to amend the official zoning map, the City Council must make the following findings: (1) The rezoning ... is consistent with and furthers the policies and goals of the future land use plan, major thoroughfare plan, vision statement, and this ULDC; (2) The rezoning . . . is compatible with existing and proposed uses surrounding the subject land and is the appropriate district for the land use proposed; (3) The rezoning ... promotes the health, safety, or general welfare of the city and includes the safe, orderly, and healthful development of the city; (4) The rezoning ... facilitates the adequate provision of mobility, water, waste water, stormwater and other public services; (5) There are changed conditions; (6) The rezoning . . . would not result in adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater quality, wildlife, vegetation, and wetlands; and (7) The application addresses a demonstrated community need; and WHEREAS, to provide guidance to those desiring a zoning map amendment to construct new multi - family residential housing developments, the City Council believes it would be beneficial to establish and publish parameters to be used in making the above - referenced findings; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the recitals stated hereinabove are true and correct and are hereby adopted as the findings of the City Council of the City of Baytown, Texas. Section 2: That the City Council of the City of Baytown, Texas, hereby establishes the following policy that will be used to assist in evaluating rezoning requests for multi - family residential housing developments to ensure the safe, orderly, and healthful development of the City: MULTI - FAMILY RESIDENTIAL HOUSING DEVELOPMENT POLICY Definitions: The following words, terms and phrases, when used herein, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: (1) Multi family residential housing development means any residential dwelling complex consisting of fifty (50) or more dwelling units. (2) RIZ means the Baytown Revitalization Incentive Zone, a neighborhood empowerment established via Resolution No. 2322. (3) ULDC means the Unified Land Development Code adopted by the City Council and codified as Appendix A in the Code of Ordinances of the City of Baytown. Criteria: The following criteria will be used by the City Council of the City of Baytown in evaluating rezoning requests for multi - family residential housing developments: (1) The property subject to the rezoning application must be located at least one -half (%2) mile from any other multi - family residential housing development, which exists at the time of the rezoning application or is planned and appropriately zoned pursuant to the ULDC at the time of the rezoning application, unless: a. such property is located within a planned unit development established by the City Council of the City of Baytown; b. the rezoning application is to rezone such property to a Livable Center (LC) Zoning District; C. such property is located within the Arts, Cultural and Entertainment (ACE) Zoning District; or d. such property is located within the RIZ. 2 (2) The property subject to the rezoning application is for a multi- family residential housing development with a maximum build -out of three hundred (300) dwelling units. (3) The property subject to the rezoning application is for a multi- family residential housing development on not more than fifteen (15) acres. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the City of Baytown this the 11th day of February, 2016. ATT ST: ETICIA BRYSCH, City erk APPROVED AS TO FORM: 4ArC_I!0_RAMIREZ, SR., i Attorney S vote of the City Council of the H. DONCARLOS, Mayor Z"z- , , s LL c �f °o °OOOOOOOy° �l� RA Karen\ Files \City Council \Resolutions\2016\February II\ApartmentPolicy.doc