Ordinance No. 13,673ORDINANCE NO. 13,673
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE
ANNEXATION OF APPROXIMATELY 23.53 ACRES, SAVE AND EXCEPT 2.73
ACRES, PREVIOUSLY SUBDIVIDED BY DEED, LEGALLY DESCRIBED AS
PARTS OF TRACTS 14, 14B, 15B, AND 16B, BLOCK 12, HIGHLAND FARMS
SUBDIVISION, HARRIS COUNTY, TEXAS, AND THE THOMPSON ROAD
RIGHT-OF-WAY, LOCATED NORTH OF I-10, FOR A DISTANCE OF 1,890± FEET,
WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
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WHEREAS, there being no request for an "on-site" hearing, two public hearings before the City
Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to
be heard on the proposed annexation of the property described in Section 2 of this ordinance, were held,
during the City Council meeting on the 14'' day of December, 2017, in the City Council Chamber of the
City Hall of the City of Baytown, Texas, which dates are not more than forty (40) nor less than twenty
(20) days prior to the institution of annexation proceedings; and
WHEREAS, notices of the first and second public hearings were published in a newspaper having
general circulation in the City of Baytown, Texas, and in the below -described territories on the I" day of
December, 2017, which date is not more than twenty (20) nor less than ten (10) days prior to the date of
such public hearings; and
WHEREAS, notice of the first and second public hearings were posted on the City of Baytown's
notice board and website on the I" day of December, 2017, which date is not more than twenty (20) nor
less than ten (10) days prior to the date of the public hearings; and
WHEREAS, each notice posted on the City of Baytown's notice board and website remained
posted until the date of the hearing referenced in the notice; and
WHEREAS, the total corporate area of the City of Baytown, Texas, on the 1 sc day of January,
2018, was 56.76 square miles; and
WHEREAS, the population of the City of Baytown, Texas, is approximately 81,718 inhabitants;
and
WHEREAS, the below -described property lies within the extraterritorial jurisdiction of the City
of Baytown, Texas; and
WHEREAS, the City Council of the City of Baytown finds that completely surrounding such area
is in the public interest; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true
and such recitals are hereby approved and made a part of this ordinance for all purposes and are adopted
as a part of the judgment and findings by the City Council of the City of Baytown, Texas.
Section 2: That the following described land and territories lying adjacent to and adjoining
the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter
be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of
such City, at the various points contiguous to the areas hereinafter described, are altered and amended so
as to include said areas within the corporate limits of the City of Baytown, Texas, to -wit:
SEE EXHIBIT "A"
Section 3: The above-described territories and the areas so annexed shall be a part of the
City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the
City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of
all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and
regulations of the City of Baytown, Texas,
Section 4: In accordance with Texas Local Government Code Annotated §43.056, as
amended, the service plan prepared by the City for providing municipal services to the annexed areas is
hereby approved and is attached hereto as Exhibit `B," and is incorporated herein by this reference for all
intents and purposes.
Section 5: This ordinance shall be published and passed in the _ er provided in Article 1,
Section 9, of the Charter of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote the 7Cit�y Council of the City of
Baytown this the 11th day of January, 2018. J
Mayor
ATT ST:
L TICIA BRYSCH, CityJerk
o
n-
APPROVED AS TO FORM: o
NACIO RAMIREZ, SR., C' Attorney
INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 8`h day
of February, 2018.
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
cobfs01\1ega1\Karen Files•.City Council\Ordinances\2018Vanuary 11\Annexationof23.5Acres.doc
>W>BTT nen 5223-33-3324
Tract 1
Being a certain 1.7038 acre traet.er.
paeoel of land
:Ad
to the w112io pare of survey and.btlaq.a po2 Lues 1/
tad 15, Block 12. 111,1 mu rams Subdlvlslgn;iNacrla County,
Sas", as recorded la velure 7, at Pals 60 jfid•page•111.af the Map.
"tarda Of Marrla County, Taxa$, and ALSO -being*a•part of that,,.;
property C"Vw pcd to Albert N. Nelson by aighlmd rams Corporal,
tion an described In deed dated April 30. 1918, and recorded In
iJines 1770 at Page 719 of the 0 -!ed Recocdq of Harris County,
Ttsee, and berry puce particularly deaoribtd-by•awkes sad bounds
as fellows! c•+•••^;�'�^
BtaIMNIHO at a point situated In thalNortki rig% .of way
line of Cillo School Road, said paint bel ApOstad North�8s dl9.
SS aln.. 30 ear. Coats at.., of 327.90i,gEaaafioii;Cha �lntee-•,
eeetlon e! the north right 09 :,y line of.tllists'elioo73Soad.with.
the Cast right of way line ur Thaapson lead# sald'polht•of'
beginning also bel the southwest eornoK of Lot 15,.alock 12,
Highland faros subddIVlsIn nl "` "•'
'►Rieif.l. Nnt►h AA d►. .'M1 ■1 A. In •awe.. Raal.sliwjs tha. •�
North right of•vay line of "I's school Rood, a.'diatanae.of
r55.li.fwt for the Small. corner of this tcaat,+;alao.bslag "
the Southwest turner of tht Sae Jacinto River -Au thdsltx right of;
way!
TNCNCt North 02 deg. 97 min. /0: ue..wes6alesq•tile'• -
Cast line of thl2 tract and the Nest line of'sald'saardaelnte
River Authority right of vay a distance o1,3811:93.'fHt for the
Northeast career of this traetl '
TnrNce saotA 88 dey S3 aln. 10 sae. N..t�aio.ng the
North line e.^ chis tract a dlitanee of 552.211 [eae:':or:tbi
Northwest corner of this tract, also being•tha•Nasthea$t.meMe
of that certain 2.789 acre tract or pareel•ef land'tonwyod to
the bouston Lllhtlag and rower Company by Albert M..Nalsons
t, u • ."
TBtNCt south 02 deg. 30 ala. 1a iie.;tsat:aienl'the
Nest Sine of this tract and rte Seat llas•of said Nsoston Lighting
and lower Company tract a distance of 370.00sfest to-the,P02NT
or BfOINNtim, oncloaing a tract or pasts! of .lend•containing.;..
1.7038 acres at lona. Pnre ar loan.
AT iNE TIME OF I 40ATMIL THS
" AD" M ME INIMATE
FOR oi'HUf08RMOC FIM.ODUGnna"
BECAUSE OF 11164Uty, CMM M
Tract 2 "M COPY, WCOlOHEB PAP k Eff.
DE1HD a treat of land out of theWilliamN11bus Garvey 336 in
Harris)and sii moa (1b) dt and M000k ltielvef(12)sof UigRbI--d )I;ILE
ftaul
reaoM ed in Vol=es 70, at page 6o mad 61, of the Burris County Hap
Reocrds, Harris County, Teas mad being more particularly described
by mete! BIH) bonds as follow[
COXV.1CIUG at the point at intersection of the Barth right-of-vay
llre of Ellie Lance school Bead, and the East right -or -way 11ne of
rthat
7rrtain2.78Y-ocroitpoint orlslaad beingthe
Ughtiomer iatt end
Fewer Company by A.H. Nelson said point also being the Sontbwedt
corner or Lot 1 , Muck 12, iighlond Farms 6ubdivisical
SHENCE North 2 deg. 25 min. 48 see. Nest with the East right-of-way
of Thompson Bed atd the Vest line of the above meutioiad Houston
Lighting and paver Coopspy treat a distance of 370.00 test to the
Being the Southwest cer of coomerr aand point or BegN�ingrofhihimeella tract,
tract;
THENCE, North 87 deg. 2 bin. 8 Seo. East with ths.Harth line of the
Haustatu L1ghtint and Power Company tract and.the South'lins of the
trans herein dasesibed a dlstiato at 327.51 fast to an angle pulnt,
amid point also being the Northeast owner of the above mentioned
Hon:a:on Lighting and Poway Company treat, and thu Northvest comer
of a tract of land conveyed to dobnam by A.B. Helical
7HENCE, North B6 dog. 52 ain. 10 see. East with the North line of
tract now w mad or Fo-aerly owned by Johnson and the Booth line of
Cha tract herein deseribed,•a distance of $52.62 fest to the West
right-of-vay line of the gin Jscinto River Authority Canal, said
point also being the Northeast corner of the above mentioned Johnson
tract and the Southeast career or this traetl
THENCE North 2 deg. 56 min. 34 Soo. West, eactiaaias with the West
right-of--usy line at the Dan JBCllltO River Authority Causal and the
East line Of the tract herein described, a distance of 574.63 feet
to an angla Vola!;
rHr= North 12 dog. 46 ala. 53 see. Neat, eaatiauing with the West
right••er-way line or the tan Juniata River Autbority Ceaal, sad the
East lino of the treat herein dvserlbed, a distance or 224.43 teat
to an Angle poittl a
THENCG North 6 deg, 8 min. 54 man. vest, Continuing with the West
right -of --way line at the Ban Jacinto River Authority Canal and
thr East llaa of thA trnat herein described, ■ diatwee of 153.38
feet to the Northeast corner of this tract;
THEUCE, South 87 deg. 5 min. 32 sea. vast with the North line of the
tract herein described, a dlstoaoo of 824.60 toot to a point in the
East sight -of -way line or Thompson Road, said point also bow
'the Northwest corner of thio tract;
THENCIISouth 2 dog. 25 �• 46 see. East with the East rd ht-or-wn
a distance of -951.35 lostdtobtheaPalat of 5091—ingtthe tract
ncica�ia6eeiribedt
tract of land Oontalains 18.8624 acres marg or less.
Exhibit "B"
City of Baytown
Municipal Annexation
BMTOWN Staff Report
r
Applicant: .................................................. LA Liquidation, Inc.
Requested Action; ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,Expand the municipal boundaries via
voluntary annexation of approximately 23.5
acres
Subiect area: ............................................................. Generally located north of the I-10 frontage
road at its intersection with Thompson
Road; including the Thompson Road Right -
of -Way for a distance of 1,890E $. and a
parcel of with frontage on the east side of
Thompson Road and on the north side of
Ellis School Road.
Date: .........................................................................December 14, 2017
Purpose of the Annexation:
The applicant is requesting to be annexed into the City of Baytown jurisdiction to obtain city services
for the future development of a commercial retail use. Annexation of the subject area will grant L.A.
Liquidations Inc. access to city water and sewer, which are important to how the subject property
develops.
Existine Conditions:
The subject parcel consists of 20.8± acres. The surrounding area is dominated by a large scale
commercial uses associate with I-10 and Thompson Road, which accommodates freight trucks. It is
adjacent to the General Commercial (GC) zoning district to the east and south. Two truck stops, a
motel, and the Baytown Area Water Authority (BAWA) water quality plant are located in the
immediate area.
The subject parcel is vacant, and the Harris County Appraisal District (HCAD) designates 18± acres
for agricultural uses. It is also flanked by two Municipal Utility Districts — Harris County Fresh
Water Supply District IA and 113.
Thompson Road within the subject area contains four (4) lanes of travel from its southern extent to
its intersection with Ellis School Road. North of this point, the roadway reverts to two (2) lanes of
travel. Annexation of this right-of-way (ROW) allows the required adjacency of the existing city
limits.
Comprehensive Plan Land Use Designation
The City of Baytown Future Land Use Plan (FLUP) designates the subject area to be Commercial
Corridor and High Density Residential.
Commercial Corridors
• May accommodate all types of commercial activity, including 'big box', medical
services, restaurants, entertainment, oiiices, and large m aki-family development.
• Corridors of commercial activities with variable depths along or near major arterials and
freeways.
• Improved traflic mobility by discouraging continuous commercial strips with numerous
driveways along major streets.
High Density Residential
• Provides for detached and attached residential development including patio homes, duplexes,
town homes, apartments and condominiums.
• Neighborhood and community commercial within a convenient walking distance of
residences.
• Optional first -floor retail, offices, and services integrated horizontally or vertically as
accessory uses within multi -family buildings and developments.
Maior ThoroughiarePlan Proposals
The City of Baytown Major Thoroughfare Plan (MTFP) addresses the linkage between land use and
transportation by providing a long-term vision for transit enhancements and improved facilities for
pedestrians and bicyclists. In the long term, the annexation area is expected to be impacted by the
extension of roadways and the facilities associated with them. Proposals within the subject area are
as follows:
➢ Thompson Road
• Is an existing minor arterial road that provides the road frontage to the subject parcel
• It channels north and south bound vehicular traffic between I-10 and Wallisville Road
• In some areas, it exist with less than 60 ft. of right-of-way (ROW)
• Roads of this designation should have between 80 ft. and 100 ft. of ROW
Voluntary Annexation Considerations
1. Is the subject property included in an annexation study area or annexation plan?
No. The subject area is on the outer fringes of the existing city limits. The 2017-2018 annexation
strategy prioritized areas that were a part of existing unincorporated islands or areas that fronted
on the I-10 corridor. The subject area does not meet any of those criteria.
2. Will the annexation of the subject area protect the best interest, health, safety and welfare of
the public in general?
If City Council decides to annex the subject area, it will not have an adverse impact on the general
welfare of the public or the service delivery to the area. Additionally, the subject parcel is in the
City's Extraterritorial Jurisdiction (ETJ), but it is flanked by Fresh Water Supply Districts to the
north and east, as well as, City of Baytown jurisdiction to the south and west. Annexation of this
subject area will allow the City of Baytown to manage land use and development standards, and
provide other City of Baytown services to an area near the I-10 corridor.
3. What is the relation of the proposed change to the city's Comprehensive Plan?
The applicant's purpose of for annexation is to construct a commercial retail business on a tract of
land that has two FLUP designations — Commercial Corridor and High Density Residential. The
annexation and development proposal does not require change to the city's Comprehensive Plan.
4. What effect will the annexation have upon the natural environment, social and economic
conditions, and property values in the vicinity and in the City as a whole?
The proposed annexation would expand the city's jurisdictional boundary and assure that any
new development is consistent with other development in the city. Additionally, the development
of the tract will require connection to city utilities. A City waterline appears to be available along
Ellis School Road, while city sewer will need to be extended by the developer to service the
subject parcel.
Service Plan Summary:
Fire Department: The subject properties of the proposed annexation will be assigned to District
Five (5).
The proposed annexation is located in the Emergency Service District (ESD) and already receives
response and services from the Baytown Fire Department. Upon annexation, the area will continue
to receive comparable levels of service as any area within the Baytown. Therefore, the annexation
will not affect existing response times.
Police Department: The proposed annexation will slightly add to the response times. The subject
area will be assigned to Police District 10.
Health Department: The annexation of undeveloped property has little effect on operational
activities; however, once the development begins the demand for services is immediate. This
proposed area will require immediate attention by Environmental Health, Neighborhood Protection,
and Animal Services personnel.
Parks and Recreation Department: The proposed annexation will have no impact on the service
delivery from this department.
Building Division: The proposed annexation will have no immediate impact. Inspection times will
be dependent upon the volume and the types of development in the future.
Public Works Department: The individual proposed annexation will not negatively affect response
times.
Engineering Department: The subject area will be assigned to the West District Waste Water
Treatment Plant. The proposed facility needs a lift station to be placed onsite. Because this is a
voluntary annexation, the developer will be required to install the lift station and direct flows to the
nearest gravity main at the I-10 frontage road
Utility Billing Department: The subject properties of the proposed annexation will be assigned to
Route 390. There are no existing service accounts in the proposed annexation area. The proposed
annexation will not affect existing service delivery.
Staff Recommendation:
Staff recommends approval of the proposed annexation.