2012 02 09 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
February 09, 2012
The City Council of the City of Baytown, Texas met in a Regular Work Session
on Thursday, February 09, 2012, at 5:00 P.M., in the Council Chamber of the Baytown
City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Council Member
Robert Hoskins
Council Member
David McCartney
Council Member
Mercedes Renteria
Council Member
Terry Sain
Council Member
Stephen DonCarlos Mayor
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Mike Holden
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the February 09, 2012, City Council Regular Work Session
with a quorum present at 8:08 P.M., all members were present with the exception of
Council Member Hoskins who arrived at 5:19 P.M. and Council Member Sheley who
was absent.
1. DISCUSSIONS
a. Discuss Unified Land Development Code and Proposed Amendments
(ULDC) to Chapter 134 "Zoning" - Planning and Development Services.
City Manager Leiper presented the agenda item to discuss the Baytown Unified Land
Development Code (ULDC) and proposed amendments to Chapter 130 "Zoning" of the
Baytown Code of Ordinances.
City Manager Leiper stated that at the previous work session there were some questions
on the ULDC and at that time we stated that we would put it on a future work session to
further discuss, in order to present changes at the public hearing that will happen later on
in the evening. City Manager Leiper stated that the discussion will include changes that
were made to the ULDC after the planning and zoning and some cleanup from
the discussion at the last work session.
Work Session Regular Meeting Minutes
February 09, 2012
Page 2 of 4
Ms. Carpenter presented a list of the changes and stated them as follows:
• Tables 1 and 2 were removed in its entirety because it referenced to plats;
• Section 1.5 Penalties - was added verbatim from the current code;
• Section 1.210 — added the language that states failing to notice a case on the
website does not frustrate posting requirements of the section and added the 300
notice distance and sign posting requirements; City Manager Leiper stated that at
one point he talked about leaving the notice requirements out to view
them outside of the ULDC process, but it was put back in.
• Section 1.26 - removed in its entirety;
• Section 1.26a - removed references to Future Land Use Map Amendment and
Major Thoroughfare Amendments;
• Added language that says that if the city hires a technical expert to review a
project, the city will give them notice before we do that so that they will know
that they will have to pay the bill; Mayor DonCarlos inquired how often does this
happen? Ms. Carpenter stated that this is the case when something is brought in
for review that the staff does not have the expertise for or for something very
bizarre. Development Service Manager, Andrew Allemand stated that staff uses
this for telecommunications;
• Section 6 — Ms. Carpenter stated that she would come back to this item as it may
require extensive time;
• Old Section 1.28 - appeals for site plans and administrative plats was removed;
• Old Section 1.32 — removed the process for amending the development manual
because the process has subdivision matters and not zoning matters- the zoning
matters would go under the subdivisions; Mr. Allemand stated that the
development manual will have information as it relates to administration and that
the subdivision piece will have regulatory language. City Manager Leiper stated
that the ULDC will only deal with zoning pieces and the non zoning issues will be
taken out and will be dealt with when the subdivision standards are updated.
• Division I - added General provisions for zoning districts;
• Section 2.06 - added ACE to the list of districts and removed it as a
special purpose zoning district;
• Gateway District - added the language of gateway /corridor district;
• Section 208A & B and Old Section 209 - were moved to simplify PUD District,
added a phasing schedule requirement and removed the planning commission
approval authority on the detail plan and left it only at the Council level and
added the planning commission annual review of PUD and placed it with the city
council and added expiration;
• Table 2 -2 - removed personal care from non residential and placed it in residential
where it belongs, and removed the keeping of pet;
• Table 2 -6 - adds the language: are allowed in the rear without frontage on
Texas for residential units; McCartney inquired if there was a percentage of the
building on the first floor. Ms. Carpenter stated that she does not recall there
being a percentage.
Work Session Regular Meeting Minutes
February 09, 2012
Page 3 of 4
• Table 3 - has a reduced setback for SF1 & SF2 setback requirement from 20 to
15;
• Section 302 - amended the setback language to clarify that Opaque fences are
allowed in the front lawn;
• Section 305 -309 — in the original code and originally left it out, but is placing it
back in now;
• Section 311- change masonry coverage from 50 to 60 % on residential as the P &Z
wanted and removed language that 25% of the structure to the front of the
building setback amended to allow for wider garage; Mr. Allemand stated that the
P &Z Commission didn't want the focal architectural point in the front of the
house to be the garage so that is why the amendment was made to the garage;
• Section 13.14 - Ms. Carpenter stated that this requires a large discussion and
wanted to come back to this item;
• Figure 3.6 - was removed which was the drawings that explain what the
separations look like; and
• Article 4 - changed the definition of non conforming structure.
During the discussion of Table 2 -6, Mr. Spencer Carnes stated that the requiring a certain
percentage but further discussion talked about a 5 foot wall but ended with the resulting
language as is without a percentage. Mr. Carnes stated that he recommended that there
should be a requirement for there to be a viable business.
City Manager Leiper stated that originally there was to be no residential on the first floor
on Texas Avenue. Mayor DonCarlos asked Ms. Carpenter if she was comfortable with
the tools as written. Ms. Carpenter stated that she was comfortable with the tools and if it
doesn't work the ordinance could be fixed. City Manager Leiper stated that if the City
approved a permit that is in compliance with the code, but was not happy about it, the
permit would be grandfathered in.
Ms. Carpenter stated that in regards to Section 1.27: Non Conformities, if you were just
trying to build a new building and wanted to extend into the setback you are not a non
conforming use so there had to be a clear separation between the non conforming and the
regular variances.
Ms. Carpenter stated that in regards to Section 3.14, the table was taken out and written
in text to alleviate confusion. Ms. Carpenter stated that you have to look at the document
as a whole because some problems are solved by the zoning document and some with
development standards.
Council Member McCartney stated that his concern is that there may be some design
standards that may cause a hardship to redevelop the older parts of the city that may go
from mixed use (MU) to general commercial (GC). Mayor DonCarlos inquired if the
mapping was going to be improved to determine what is to be zoned. Ms. Carpenter
stated that the Council will make that legislative decision for the mapping.
Work Session Regular Meeting Minutes
February 09, 2012
Page 4 of 4
City Manager Leiner stated that when the ULDC gets adopted it will not go into effect
until the map is approved and you can go back and make changes if necessary. He stated
that things might change as we go through the mapping. City Manager Leiper inquired if
the design standards are for new construction. Ms. Carpenter stated that the design
standards are for new construction or expansion. Mayor DonCarlos stated that ultimately
the answer is in the mapping process to come up with another classification. During the
discussion, Council Member McCartney inquired if the new synthetic type of stucco
would be allowed. Ms. Carpenter stated that it could be used on the building, but it will
not be apply to the masonry standards. Mr. Carnes stated that the commission was trying
to move away from the nailed on Styrofoam, but was not trying to eliminate stucco. In
regards to the stucco concern, Mr. Carries recommended adding the verbiage that if the
product has testing data than it proves that it can withstand certain windstorm standard it
is allowable.
City Manager Leiper recommended the verbiage of synthetic plaster and stucco as long
as it meets the applicable wind speed standards. This way the cheaper material would not
count as a part of masonry standards.
During further discussion and in regards to the density lot size, Council Member
McCartney inquired if during the mapping process, if Council is going to map the areas
by lot size or does the developer decide. Ms. Carpenter stated that it would go with the
former because the purpose of the zoning map is to put that type of detail on the map.
City Manager Leiper recommended to hold the public hearing tonight and table this item
until the next meeting.
2. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned
the February 09, 2012, City Council Regular Work Session at 6:14 P.M.