Ordinance No. 10,338ORDINANCE NO. 10,338
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN
CONCERNING CERTAIN TRACTS OF LAND LOCATED SOUTH OF
INTERSTATE 10 AND ADJACENT TO THOMPSON ROAD ON THE EAST AND
THE WEST TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS AND TO
ESTABLISH A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT;
GRANTING A VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENTS
CONTAINED IN CHAPTER 126 "SUBDIVISIONS," ARTICLE III
"DEVELOPMENTS," DIVISION 2 "RESIDENTIAL," SUBDIVISION IV"
"TOWNHOUSE SUBDMSIONS," SECTION 126-350 AND ARTICLE IV
"IMPROVEMENTS," DIVISION 2 "DESIGN STANDARDS," "SUBDIVISION III
"LOTS," SECTION 126-551 "MINIMUM SIZES" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, CONSISTENT WITH THE PLANNED UNIT DEVELOPMENT
OVERLAY DISTRICT CREATED HEREIN; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, Shay Shafie, a representative of the owner of the property heroin described,
submitted an application to the official zoning map in accordance with Section 130-154 of the Code of
Ordinances, Baytown, Texas (the "Code") concerning property described as TRS IF -3A, IF -4, 1F-5, 1F-
6, IF -7, IF -9, IF -10, 1F-11, IF -12, 1F-13, 1F-19 and IF -20, N. Lynch Survey; and Abstract 44, N.
Lynch, TRS 2, 2b, 2C, BLK 2, TRS 20, 20B-1, BLK 20, TR 23, BLK 23 Elena Fruit & Cotton Farm,
Baytown, Hams County, Texas (the "Property") to change the zoning district; and
WHEREAS, Shay Shafie, a representative of the owner of the Property, also submitted an
application for an amendment to the official zoning map for an overlay district for the Property in
accordance with Section 130-627 of the Code, which application included a master development plan of
the Property meeting the requirements of Sections 130-628 and 130-642 of the Code; and
WHEREAS, the Director of Planning and Development Services (the "Director") reviewed such
applications and determined that the applications were complete; and
WHEREAS, the Director prepared a staff report and included therein a recommendation for
approval of both applications based upon the criteria specified in Sections 130-158 and 130-642; and
WHEREAS, on April 19, 2006, the Planning and Zoning Commission, after the requisite notice,
conducted a public hearing concerning the proposed zoning map amendments; and
WHEREAS, after considering the application, the staff report, the relevant support materials and
the public testimony given at the public hearing, the Planning and Zoning Commission prepared and
delivered a report and recommendation to the City Council to approve the proposed amendments based
upon the criteria in section 130-158 and 130-642 of the Code; and
WHEREAS, the City Council, after the requisite notice, conducted a public hearing on the
proposed zoning map amendments; and
WHEREAS, at the close of the public hearing, after considering the applications, the staff reports,
the relevant support materials and public testimony given at the public hearing, the City Council of the
City of Baytown desires to amend the official zoning map (i) to change the zoning district for the Property
from a Mixed Use District to a Neighborhood Conservation District, in part, an a Urban Neighborhood
• District, in part, and (ii) to create an overlay district, which district be in strict conformity with the master
development plan; and
WHEREAS, Shay Shafie, the owner of the Property, also submitted a request for a variance to the
minimum lot size requirements contained in Chapter 126 "Subdivisions," Article III "Developments,"
Division 2 "Residential," Subdivision IV "Townhouse Subdivisions," Section 126-350 and Article IV
"Improvements," Division 2 "Design Standards," "Subdivision IH "Lots," Section 126-551 "Minimum
Sizes" of the Code of Ordinances, Baytown, Texas, consistent with the Planned Unit Development
Overlay District; and
WHEREAS, the City Council of the City of Baytown, Texas, while allowing the Planning and
Zoning Commission to approve certain variances in accordance with Sections 126-216 - 126-221, has
restricted the Planning and Zoning Commission from granting variances to minimum lot sizes; thus,
preserving only in the City Council the authority to approve such variances; and
WHEREAS, the City Council, after the requisite notice, conducted a public hearing on the
proposed minimum lot size variance requested for the Property; and
WHEREAS, at the close of the public hearing, after considering the request for a variance to the
minimum lot size requirements, the criteria established in Section 126-216 of the Code, the relevant
support materials and public testimony given at the public hearing, the City Council of the City of
Baytown finds that the granting of the requested variance is in harmony with the general purpose and
intent of Chapter 126 of the Code so that the public health, safety and welfare may be secured and
substantial justice done; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: The matters and findings contained in the preamble hereof are declared to be true
and correct and are hereby adopted.
Section 2: That the City Council of the City of Baytown, Texas, hereby amends the official
zoning map of the City of Baytown to change the zoning district for property described as TRS 1F -3A,
1F-4, IF -59 IF -6, IF -7, 1F-9, 1F-10, 1F-11, IF -12, 117-13, 117-19 and IF -20, N. Lynch Survey; and
Abstract 44, N. Lynch, TRS 2, 2b, 2C, BLK 2, TRS 20, 2013-1, BLK 20, TR 23, BLK 23 Elena Fruit &
Cotton Farm, Baytown, Hams County, Texas, from a Mixed Use District to a Neighborhood
Conservation District, in part, and a Urban Neighborhood District, in part. The amended portion of the
official zoning map is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 3: That the City Council of the City of Baytown, Texas, hereby creates a Planned
Unit Development Overlay District conceming property described as TRS IF -3A, 1F-4, 117-5, IF -6, IF -7,
IF -9, 1F-10, IF -I 1, 1F-12, 1F-13, 1F-19 and IF -20, N. Lynch Survey; and Abstract 44, N. Lynch, TRS 2,
2b, 2C, BLK 2, TRS 20, 2013-1, BLK 20, TR 23, BLK 23 Elena Fruit & Cotton Farm, Baytown, Harris
County, Texas, which must conform in all aspects to the Conceptual Master Plan, which is on file in the
City Clerk's Office and incorporated herein for all intents and purposes. Such master plan provides for (i)
a minimum lot size of 4,400 square feet for single-family detached dwelling units with a minimum width
of 40 feet and (ii) a minimum lot size of 2,000 square feet for townhomes, which are attached single-
family dwellings, with a minimum width of 20 feet..
Section 4: That the City Council of the City of Baytown, Texas, hereby grants the following
• variance to the minimum lot size requirements contained in Chapter 126 `Subdivisions," Article III
"Developments," Division 2 "Residential," Subdivision IV "Townhouse Subdivisions," Section 126-350
• and Article IV "Improvements," Division 2 "Design Standards," "Subdivision III "Lots," Section 126-
551 "Minimum Sizes" of the Code of Ordinances, Baytown, Texas, consistent with the Planned Unit
Development Overlay District created in Section 3 hereof:
Section 5: Nothing contained herein shall be construed as to authorize any other variance,
exception, or deviation from Chapter 126 and/or Chapter 130 of the Code of Ordinances, Baytown,
Texas.
Section 4: This ordinance shall take effect immediately from and atter its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vo f the City Council of the City of
Baytown this the 25s' day of May, 2006.
S PHEN H. DONCARLOS, Mayor
LO , City Clerk
APPROVED AS TO FORM:
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NACIO RAMll2EZ, SR., ty Attorney
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