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Ordinance No. 14,029ORDINANCE NO. 14,029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS," DIVISION 2 "ZONING DISTRICTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 2.082 "SAN JACINTO OVERLAY DISTRICT"; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND N0/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Appendix A "Unified Land Development Code," Article H "Use Districts" Division 2 "Zoning Districts" of the Code of Ordinances, Baytown, Texas, to add a new section to be numbered and entitled Section 2.082 "San Jacinto Overlay District," which section shall read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE H. USE DISTRICTS DIVISION 2. ZONING DISTRICTS Sec. 2.082. San Jacinto Overlay District. (a) Purpose. The San Jacinto Overlay District is designed to: (1) promote the health and well-being of residents by encouraging pedestrian modes and greater social interaction; (2) promote an aesthetically significant, high density, mixed -use area, which encourages pedestrian activity, promotes services, and enhances the aesthetic value of an area; (3) permit a combination of office, retail, commercial, and residential uses within a single development, with the non-residential uses on the ground floor and residential units on the upper floors; and (4) minimize the impact of uses that have a higher intensity. (b) Applicability. This section applies to all non -residentially zoned property. The San Jacinto Overlay District is to be combined with only non-residential base zoning districts. The adoption of this overlay district should not be construed as a change in zoning. The overlay district is divided into three tiers. Each tier may have different zoning regulations. Each tier is designated in Figure SJO-1 and shall govern the property in the tier. If any portion of a lot or tract falls within more than one tier, the entire property must be developed using the standards that apply to the lowest numbered tier. • Tier 1 (T1) includes any lot that is within a 700-foot radius from the centerline of the right-of-way at the intersection of (i) San Jacinto Boulevard and Hunt Road, as well as, (ii) San Jacinto Boulevard and Lone Star Street; and any lot that is within a 500-foot radius from the centerline of the right-of-way at the intersection of San Jacinto Boulevard and Santavy Street. Tier 1 is intended to govern the key intersections throughout this overlay district. Tier 1 is intended to produce an urban aesthetic with closely developed buildings, taller buildings, and hidden parking. • Tier 2 (T2) includes parcels outside of the Tier 1 boundary that are 700 feet from the centerline of the San Jacinto Boulevard and Hunt Road right-of-ways. Tier 2 is intended to incentivize the aforementioned corridors to achieve a compatible development with T1, however, it doesn't emphasize the urban density as much. • Tier 3 (T3) would include all other properties within the overlay district that are not determined to be within Tier 1 or Tier 2. Tier 3 is intended to permit a less dense and less urban profile, while maintaining compatibility with the other tiers. Figure SJO-1. Boundary and Tiers San Jacinto Overlay - - all�t,,.n[��-'ea'a-v. �•�fN.Q dya Area Botmd w'- s _ 13 (3 MWI 1 1-10 41*E f 'eq x m Q !yp a� ` LoNE H ti r 'C 0v r O Z: ZY v 9 iTr • R �— {f� fe111iQ V � BAR^ HERS w 0 i ,000 2,000 r ! Feet 1 2 (c) Procedures for appeals and interpretation. Procedures for appeal and interpretation shall be governed by the processes within Sections 1.28, 1.29, and 1.30 of the ULDC. (d) Utilities. (1) Underground utilities are required. Poles and overhead wires and associated overhead structures are prohibited. (2) Exterior onsite facilities and mechanical equipment, including sewer, gas, water, electric, telephone, and communications equipment, shall be installed underground. Transformers and other mechanical equipment that must be aboveground shall be screened with solid material that is architecturally compatible with the primary building and incorporated into the landscape. (3) The use of regional or subregional stormwater detention is required as capacity permits. Thereafter, underground stormwater detention facilities are permitted. (e) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) "Mixed -use building" means a building that contains at least one floor, or a portion thereof, devoted to permitted nonresidential uses, and at least one floor devoted to permitted residential uses. (2) "Multi -family" means any residential dwelling complex consisting of five or more units to include, but not be limited to, common accessory structures such as garages, laundry buildings, and guest parking. (3) "Horizontal mixed -use development" means a development consisting of two or more attached or detached buildings of differing use categories (e.g., residential and nonresidential) within the same project area. (4) "Project area" means a single parcel or multiple parcels, planned and constructed as one, coordinated and unified project. (5) "Plot plan" means a site plan of the project area, which identifies residential boundaries where residential uses are proposed in this overlay district. (6) "Usable open space" means accessible hardscape or landscape areas, including, but not limited to, plazas, courtyards, pocket parks, and other publicly accessible amenities. (7) "Monument sign" means any permanent low -profile sign built on a monument base as opposed to a pole base, solid from the ground up, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. Poles or supports must be concealed. (8) "Window sign" means a sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property. (9) "Primary building(s)" means a structure that is developed along the street frontage that is subject to the front yard setback standards. (10) "Secondary building(s)" means a structure that is developed in the project area but does not have direct street frontage to the adjacent street due to a primary building that has been constructed along the street frontage. (11) "Drive -through restaurant" means an establishment in which food or drink is served to customers within automobiles outside of the confines of the building and/or where the consumption of such food or drink is intended to occur off the premises. (12) "Primary entrance(s)" means an ingress and egress point of a building or suite, which is designed for pedestrians, that is oriented towards the street frontage and usable open space. (13) "Secondary entrance(s)" means ingress and egress point(s) of a building or suite, which is designed for pedestrians, that is not the Primary entrance(s). (f) Non-residential uses. Unless otherwise stated, this section only applies to the uses that are permitted (P) and/or permitted with conditions (PC) within the land use table for ACE, NSC, GC, and LC zoning districts. Such uses shall be subject to Section 2.10 "Land Use Conditions" and the additional regulations within the overlay table. Where there are conflicts, the requirements of this section shall prevail. (1) Prohibited uses. Prohibited uses pertain to both primary and accessory uses. Any of the following land uses shall not occur unless it is approved by City Council as part of a planned unit development (PUD): a. Auto body b. Vehicle repair C. Boat and R-V storage d. Carwash e. Drive -through restaurant f. Gas station g. Kennel h. Outdoor sale and display i. Outdoor storage j. R-V park k. Self -storage 1. Supply house M. Truck stop n. Manufacturing light o. Sandblasting P. Warehouse (2) Tier 1. Within Tier 1, single -tenant buildings and/or suites shall not exceed 15,000 square feet on the ground floor. Each floor of a multi -story building within Tier 1 may not exceed the square footage of the ground floor. (3) Tier I and Tier 2. In addition to other uses allowed within the underlying zoning district, hospitals shall be allowed within Tier 1 and Tier 2. (4) Uses permitted with conditions. In addition to other uses allowed within the underlying zoning district, the following uses shall be permitted with conditions within the tier indicated: Non-residential Uses Permitted with Conditions Land Use Ber Cend ftf Ado. iional Regt"Oons 1. All equipment shall be displayed or stored interior to a building. Equipment sales I No facility shall be permitted to and rental 2 A53 have bay doors facing a residential use or a street identified on the Major Thoroughfare Plan. A minimum of 1,500 square feet or a minimum of 10% of the total building floor area, whichever is greater, shall Manufacturing 1 and 2 A49 be designated for retail sales, Custom services, andior showroom of the custom manufactured goods and associated products (e.g. food and merchandise). 1. There shall be a minimum of 4,000 square feet on the ground floor of this building. 2. General retail, personal service, grocery store, and,,or food service establishment uses shall occupy at least 50% of the area of the Mixed -Use ground floor. Building 1 and 2 3. A minimum of four (4) dwelling units shall be required within a mixed -use building. 4. Dwelling units shall have a minimum of 750 square feet of floor area. 5. Access to dwelling units shall occur from the interior of the building. (g) Property Development Standards. The following non-residential development standards shall be applicable within the San Jacinto Overlay District and shall control over those of the underlying zoning district: Development Standards Block length (min/max) 300 — 700 feet Minimum lot area 32,670 square feet (3/4 acre) Developments with mixed -use Site coverage 60% 7000 80% buildings with more than 7 dwelling units shall be permitted a site coverage of 80%. Minimum Lot Dimensions Minimum lot width at primary building Minimum lot dimensions shall line 100 ft. only apply to lots with frontage along arterial roads. Minimum Road Frontage Frontage requirement along arterial 1 100 ft. A minimum of 75 ft. of street Standards --I Frontage requirement along non- 50 ft. Frontage is required for a parcel arterials with curb cut(s). Building Form and Location Minimum height 24 ft. T20 ft. N A Buildings adjacent to existing or planned residential uses shall Maximum height 75 ft. follow the Building Orientation standards found in Section 3.12 (c)(3) of the ULDC. Minimum front setback 12 ft. Maximum front setback 25 ft. 85 ft. 85 ft. Side -yard interior lot setback 0 ft. 10 ft. 10 ft. Street -side setback Same as front setback Minimum rear -yard setback 15 ft. Figure S10-2. Public and Private Realm T erl ' 1 1 t I I -[eri BuIii•g B Idng 1 1 1 J I I 1 1 1 ISi• I 1 I ( [ t I t I I l a I 1 1 1 t 1 u• 1 1 1 Streetscape :Side-1 1 Planted I — -- 1 Tra I Anmtscape 1 Median 1 I I I ,%Valk) I 1 I I 1 1 1 I I 1 1 1 I 1 I I 1 1 1 I 1 1 t 1 1 t Private Property Private Property Public Right of Way (1) Site design. Site design goals include clustering of buildings in multiple building projects. This method encourages pedestrian walkablelsitting areas and usable open space as part of the building placement and design. a. Building orientation. Building(s) and the primary entrances shall be oriented towards the primary street frontage, public plazas, and usable open space - not to a parking lot. This does not preclude the additional use of secondary entrances. 2. Primary buildings located on a comer lot may provide a primary entrance(s) at the corner of the building. 3. The secondary buildings constructed and all subsequent buildings may not be further than 185 linear feet from another building. 6 b. Usable open space. This subsection (g)(1)b shall only apply to Tiers 1 and 2 of the San Jacinto Overlay District and shall be required for 20,000 square feet or more of non-residential development proposed within a project area. 1. All usable open space, with the exception of the trail system, shall have a minimum depth of twenty feet (20') and a minimum total area of 650 square feet. 2. Park benches and bike parking racks/facilities shall be incorporated into the usable open space. 3. Unless arranged as a courtyard with buildings on three sides, usable open space shall abut a street. 4. Two or more of following amenities shall be required: (a) natural and undeveloped landscaped area that is not already required by this San Jacinto Overlay District or the ULDC; (b) a patio or plaza with shaded spaces (shade structure) with flexible or permanent seating; (c) a play area with amenities or equipment suitable for children such as, but not limited to, seesaw, merry-go-round, swing set, slide, and jungle gym; (d) ponds designed as an amenity with shade spaces (shade structure) with flexible or permanent seating and approval by the director; (e) multi -use trail that is directly extended from the Goose Creek Trail or any existing and adjacent trails that are connected to the Goose Creek Trail along the local or collector streets in the circulation plan; and (f) Ground floor patio and decks for dwelling units shall only be oriented towards public or private streets that are not designated as an arterial road on the Major Thoroughfare Plan. (2) Architectural/Urban Design Standards. The following principles intend to promote quality design appearance and visual interest. The buildings should enforce a street edge establishing a better pedestrian corridor. However, long, unarticulated building fagades should be eliminated. a. Entrances. Entrances (excluding service doors) into buildings shall be easily identified through building design with at least one of the following: -Canopies or porticos Recesses and/orprojections Peaked roof forms Arches Raised cornice parapets Other features approved by the director 7 b. Materials. Building materials used for all four sides of buildings shall follow the masonry standards and percentages within the ULDC. This overlay district prohibits the use of synthetic stucco and/or EIFS. C. d. f. Articulation. Fagade articulations shall occur with a minimum of ten (10) inch plane variation each thirty-five feet (35'). Wall heights. Wall heights shall be varied and articulated with a minimum of twenty-four (24) inch variation each thirty-five feet (35'). Figure 51O-3. Articulation Vertical Articulation 30 II I I ± fi r' r F' Horizontal Articulation e. Glazing. A minimum of 50 percent of the street -facing fagade between two feet (2') and eight feet in height on the ground floor must be comprised of windows. A minimum of 30 percent is required for all other fagades, except where a fagade faces or uses an area designated and constructed for service delivery or business storage. Colors. A minimum of three different colors shall be used for building exteriors. Colors shall be only natural rock colors and earth tones. Neutral colors include browns, beige, ivory, taupe, muted greens, gold, grey, and white. Earth -tone colors should be flat or muted. 2. The use of high -intensity colors, neon, or a fluorescent color is prohibited. Neon tubing shall not be an acceptable feature for building trim or accent areas. g. Awnings. Awnings: 1. shall be required for primary buildings in Tier 2. 2. shall be broken into segments as to match the door and window openings beneath them. 3. shall overhang the entrance and windows along the front and side fagade for a minimum of five (5) feet; 4. shall be made of glass or metal construction materials. shall not include domed and convex -shaped awnings. h. Rooftop equipment. Rooftop mechanical equipment, including HVAC and utility equipment, shall be screened. Screening shall consist of parapet walls or an opaque enclosure around the equipment that is constructed of one of the materials used on the primary fagade of the principal structure. i. Fences and gates. 1. No opaque walls, fences, gates, or chainlink fences with a height greater than four feet (4) shall be located within a front yard. 2. Walls, fences, or gates shall be consistent in style and material, complementing the surrounding architectural styles within this overlay district. 3. The structural supports of the fence shall face interior to the property so as not to be visible from the street or neighboring property. j. Signage. The following signs shall be permitted for non-residential uses: 1. Limitation. Only monument signs, window signs, and wall signs are permitted. Pole signs, pylon signs, roof signs, banners, wall murals, digital signs, neon signs, flat signs, and spectacular signs are prohibited. 2. Monument signs. a. One ground -mounted monument sign shall be permitted for each parcel or for every 300 feet of linear frontage of one parcel. b. The sign structure shall be constructed of the same materials that are used on the fagade of the primary building(s). C. Each monument sign shall incorporate the following features: (See Figure SJO-4) ➢ CorTen metal material as a part of its sign face. ➢ An extended decorative arch. ➢ A monument base with a minimum of 8 inches above grade. ➢ At least one masonry support column with a minimum of 16 inches in width. d. The maximum monument sign dimensions for non-residential uses shall be as shown in the following Table: 9 Figure SJO-4. Sign SIGN � } EFFECTIVE AREA BASE GROUND LEVEL C. Sign measurement. The size of a sign is measured by its effective area. For monument signs, the effective area includes the entire structure on which the sign is placed or mounted, including only the portion of the sign base that extends directly below the Sign Face. (See Figure SJO-4) ii. No decorative features of the sign shall extend beyond 16 inches from the sign face. f. Sign setbacks and placement. i. No minimum setback from property line is required for a monument sign. ii. Placement of a monument sign shall in no case be allowed to extend into the right-of-way or to obscure vision at a street or driveway intersection. 10 3. Wall signs. a. Sizes shall be calculated by one square foot per linear foot of storefront up to maximum of 64 square feet. b. Wall signs shall be of individual channel letter. Framed or cabinet signs are prohibited. C. One wall sign shall be permitted along the fagade of the public entrance. d. Buildings located on corner lots are permitted to have a second wall sign on a second fagade which faces the street front. e. Window signs shall be limited to a maximum of two (2) signs, each with a maximum of four (4) square feet within the frontage. f. Illumination. i. Internal illumination is prohibited. ii. Wall signs shall be back lit, halo lit, or externally illuminated. k. Lighting. 1. Internal to the project area, lighting design shall be of the gooseneck variety as presented in Figure SJO-5. 2. Lighting posts and extensions shall be a black -powder -coated aluminum or metal. 3. Fixtures shall be shielded to reduce light pollution by facilitating a downward -directed light. 4. All lighting fixtures internal to the development shall have poles with a maximum height of sixteen feet (16'). 5. Lighting shall be of a consistent style throughout the project area/development site. 6. All light fixtures shall use an LED lighting source. 7. Lighting fixtures shall be placed to add illumination to areas such as, but not limited to, the usable open space, pedestrian facilities, and parking area. 8. Lighting fixtures shall be of similar dimension and proportion as presented in the Figure SJO-5. 11 Figure SJO-5. Lighting (h) Circulation and connectivity. (1) Streets, sidewalks, and trails. The San Jacinto Overlay District shall be organized into blocks created by a grid of public streets and/or private streets. A variety of street types and block sizes may be incorporated to create the grid, including diagonal, off -set, and angled streets as approved by the director or the director of engineering. The street network goals aim to prioritize the mobility of pedestrians and bicyclists by improving safe mobility choices and community character. Values of the section should be placed in compatibility, livability, sense of place and urban design that enhances pedestrian facilities and streets. Where possible, cul-de-sacs and curvilinear streets shall be avoided. a. Access Management. 1. Access management along roadways designated as arterial shall have a minimum curb -cut separation of 200 feet (200') from the centerline of an existing curb cut. 2. Access to properties without a curb cut along an arterial shall be permitted via connection to another collector street, local street, or shared access easement through an adjoining parking area. 3. The project areas shall incorporate the following: i. A maximum design speed of a drive aisle shall be 15 mph. ii. If necessary to ensure access to the streets by the general public, the director and/or director of engineering may require shared access driveways within the site to adjacent properties. 12 iii. Installation of driveway aprons, stub -outs and other design features to indicate that abutting properties can be connected to provide shared/cross access is required. 4. All curb cuts that are aligned with pre -designed median cuts shall be constructed as local streets. 5. The maximum block length for local and collector streets shall be 700 feet (700') or as specifically approved as a part of a preliminary plat by the Planning and Zoning Commission. b. Bicycle and pedestrian circulation. 1. Direct pedestrian access from any street that is adjacent to the property line to a building entrance is required. 2. Marked pedestrian access from a parking area to a building entrance is required. 3. Pedestrians and bicycle facilities, such as sidewalks and trails, shall be separated from facilities designed for the movement of vehicles, such as streets and access drives. 4. Where complete separation of movement of pedestrians from movement of vehicles, such as a pedestrian crossing, is not possible, the site plan must use special paving (stamped concrete, stone pavers, etc.), grade separations, signs, bollards, median refuge areas, traffic calming features, landscaping, lighting, or other means to clearly delineate pedestrian areas for both day and night use. Pavement markings and striping is only permitted if required by the director of engineering. 5. Where pedestrians and bicyclists share walkways, the trail shall have a minimum width of eight feet (8'). 6. All development with frontage along John Martin Road shall install paved trail with a minimum of eight feet (8') along the arterial street. (2) Circulation plan. A circulation plan shall be submitted with a plot plan, preliminary plat application, or site plan. A circulation plan must demonstrate: a. How the onsite circulation system meets the narrative and standards of this section; b. How the onsite circulation system integrates with existing and planned streets, bicycle and pedestrian facilities, and trails in the surrounding area; C. How the proposed street alignments conform with or deviate from the San Jacinto Boulevard area general road network plan with an explanation how deviations from the plan in terms of street placement, alignment, and design, are consistent with the intent statements in this overlay district; 13 d. That the street and pathway system will contribute to safe and convenient pedestrian connections between development occurring onsite and adjacent to the development. (3) Plan Approval. a. A circulation plan must be reviewed and approved by the director under the requirements of this section. b. The director may waive the requirement for a circulation plan if the director finds that a plan is not necessary due to the nature of the proposed development on the site, the existence of surrounding incompatible development, or other factors unique to the property which make strict compliance unnecessary. C. Revisions to the circulation plan may be approved by the director after considering the circulation characteristics of a proposed development plan, the need for access to adjoining properties, and the compatibility of surrounding development. d. A plot plan, preliminary plat, subdivision, or site plan may not be approved if the circulation plan is not approved by the director. If there is disagreement on the issue, the applicant, by request, or the staff may take this pre -preliminary information to the Planning and Zoning Commission for its determination. Road Network Plan �r� h.naWr�n �bP 147 t 14 (i) Parking. Parking lot design shall be aesthetically pleasing and assure pedestrian safety. Additionally, this section encourages a reduction in surface parking counts, smaller parking areas over vast parking lots, promotion of shared parking through shared access and the creation of on - street parking. This section reassures alternative modes of travel by accommodating bicycle parking for all uses. (1) Off-street parking. a. Off-street parking spaces for non-residential developments shall not exceed the number required by Chapter 112 of the Code of Ordinances and not be less than 70 percent of the maximum number allowed. b. Off-street parking spaces for dwelling units associated with a mixed -use building shall comply with Chapter 112 of the Code of Ordinances. C. Parking for any residence associated with a mixed -use building shall be secured and separated from public parking. d. In Tier 1, off-street parking areas shall only be located in the side and rear yards. e. Tier 2 and Tier 3 off-street parking areas are permitted in the front yard. f. In Tier 1 where off-street parking occurs in the side yard and in Tier 2 and 3 where off-street parking occurs in the front yard, the parking shall be limited to the maximum of two rows of parking being divided by one drive aisle. g. No singular surface parking area may contain more than 120 spaces. h. A landscape island shall be required after 10 parking spaces and at the end of every parking aisle. (See Figure SJO-7) i. Surface parking areas with more than two parking bays shall require a continuous landscape island between every other parking bay. (See Figure SJO-7) A continuous landscape island may be utilized for safe pedestrian connectivity. It shall contain a 5-foot sidewalk to provide direct pedestrian access to building entrances. (See Figure SJO-7) 15 Figure SIO -7. Parking fkrtb'riGe!! ,. i 10, exiwron k. Off-street parking provided as part of a building or parking structure adjacent to a public street shall be designed and constructed to accommodate non-residential uses such as retail and commercial services on the ground floor of the building or parking structure. (2) On -Street parking. a. On -street parallel parking is encouraged along all local streets where feasible. On -street parking is subject to the approval of the director of engineering. b. A reduction of minimum off-street parking may occur by two (2) spaces for each on -street parking space installed along the extents of the subject property for non- residential uses. C. The director of engineering may determine that on -street parking is not feasible due to limited right-of-way width or lack of appropriate and adequate easement, transit activity conflict and interference, inadequate sight distance caused by vertical or horizontal curvature of a street, high roadway speeds, or other safety concerns. (3) Bicycle parking. a. Bicycle parking shall be required for retail and personal service uses at a rate of one (1) bicycle space per ten (10) parking spaces. b. No less than 50 percent of the bicycle parking shall be located along the primary street within fifty feet (50') of the primary building entrance. Other locations 16 shall be incorporated within the usable open spaces or within fifty feet (50') of secondary entrances. C. Bicycle parking facilities shall either be lockable enclosures in which the bicycles are stored or black -powder -coated wave or coil racks that require a user - supplied lock that accommodate locking the frame and wheel(s). (See Figure SJO-8) d. Bicycle parking facilities shall be securely anchored and located in lighted and visible locations. e. Bicycle parking facilities shall have a minimum depth of eight feet (8') and shall be installed in a fashion that a parked bicycle does not extend into a sidewalk or trail. (j) Landscaping. Landscaping should enhance the development aesthetically and functionally by adding natural and vegetated elements to the San Jacinto Overlay District. Landscaping helps with identifying transition from public realms to private and from non-residential uses to residential uses. Additionally, landscaping can be used for various functions of rain water capture, shading, and sound buffering. (1) Streetscape. a. Except where driveways or intersecting streets are required, streetscape shall be required along the entire length of the property that is adjacent to a street or primary access drive where developed land is located. b. Along arterial streets, streetscape shall be no less than twelve feet (12') wide. C. Along collector and local streets, streetscape shall be six feet (6) wide. d. The streetscape shall be planted with deciduous shade trees five feet (5') tall with a two-inch (2") caliper, DBH, at time of planting, and no less than twenty feet (20') tall at maturity, planted thirty feet (30') on center, and shrubbery forming an 17 intermittent hedge not less than three feet (3') in height designed to provide an adequate screen of off-street parking. e. As part of the landscape plan, shrubs may be clustered or spaced at various intervals based on specific site requirements, but the total number of shrubs planted shall be no less than the amount required by linear planting spaced three feet (3') apart. (2) Parking area landscaping. a. A landscaping island shall be located at the end of every parking row. b. A landscaping island shall be no less than eight feet (8') wide and eighteen feet (18') in length. C. The island shall be planted with ornamental grasses and the required trees based upon the tree species table in subsection 0)(4) of this section. d. One shade tree shall be provided within each required landscaping island. A maximum of ten (10) continuous linear parking spaces are permitted within a parking row before a landscape island must be installed. (See Figure SJO-7) (3) Compatibility buffer. a. Compatibility buffers shall create a planted screen between residential uses and non-residential uses or activities. b. Where a non-residential use abuts property zoned or planned for single-family residential, the minimum buffer width shall be twenty-five feet (25% except in areas where cross -access for pedestrian circulation is planned and/or constructed. Compatibility buffers shall be installed with at least one of the following specifications: 1. Compatibility Buffer One a. A staggered double row consisting of evergreen trees and deciduous trees with an expected growth to a minimum height of sixteen feet (16') and a minimum width of ten feet (10') at its maturity; b. Tree planting for each row shall be installed with a maximum separation of twenty-five feet (25'); A transparent fence with a minimum height of six feet (6') shall be installed if an opaque fence has not been constructed along the boundary of the adjacent residential use; and 18 d. If an opaque fence is installed, it shall be interior to the plantings of the buffer. 2. Compatibility Buffer Two A single row of evergreen trees planted with twenty-five feet (25') of separation; b. Intermediate planting of three (3) understory trees per 100 linear feet; C. Forty (40) shrubs per 100 linear feet; and d. Six-foot (6') opaque fence or wall is required and shall be interior to the plantings of the buffer. (4) Appropriate tree planting species. (Arterial and Local Streets) Appropriate shade tree species for landscaping parking lots include the following: Lacebark Elm x x x BLIIICl- Eastern Hophornbeam x x x Golden Rain Tree x x x Flowering Dogwood x x x Little Gem Magnolia x x American Holly x x Carolina Laurel Cherry x Eastern Red Cedar x Anacua x x Wax Myrtle x x Yaupon x x x American Elm x x Leyland Cypress x x (k) Residential Uses. The San Jacinto Overlay District facilitates medium residential density into commercial zones by using a variety of housing products such as townhouses, duplexes, triplexes, and fourplexes. This section helps to manage compatibility with commercial adjacency and integrates the residential uses with the non-residential uses. (1) All the residential uses associated with this overlay district shall be subject to the property development standards for the Medium Density Mixed Residential (MFl) zoning district found in Article II of the ULDC. In the event of a conflict between the provisions of the San Jacinto Overlay District and the provisions of the underlying zoning District or any referenced zoning district, the provisions of the San Jacinto Overlay District shall prevail when a residential project is being developed. 19 (2) Platting Process. In project areas that utilize a mixture of housing types (single-family attached, duplex, triplex, or fourplex), during the platting process, the applicant shall notate the designation of the housing product for each lot on the plat. (3) Prohibited Uses. The following are prohibited uses in the San Jacinto Overlay District: a. Golf course; b. Industrialized home; and C. Laundry building. (4) Uses permitted with conditions. The following uses are permitted with conditions in the San Jacinto Overlay District: Residential Uses Permitted Land Use with Conditions Tier cond Ref Additional RCUL11ati'011s 1. Must be located at least one-half mile from any existing garden - style multi -family complex. Multi -family dwellings 1, 2, 3 2. Shall have a maximum build out of three hundred (300) dwelling units. 3. Shall be located on not more than fifteen (15) acres. 1. Shall be built to a maximum Single-family 3 density of nine (9) units per acre. detached 2. Minimum Floor Area of 2,000 square feet per unit. 1. Maximum building length of 200 Single-family attached dwelling (Townhouses) 2,3 B 14 feet. 2. Minimum Floor Area of 1,200 square feet per unit. Two-family dwelling duplex 2,3 Minimum Floor Area of 750 square feet per unit. Three-family dwelling, triplex 2, 3 Four -family dwelling, fourplex 1 2,3 a. The maximum residential density shall be 15 units and a minimum density of 8 units per net acre of residential uses. b. No front fagade of a residential dwelling shall face onto an arterial street within a neighborhood. C. When a residential use is developed on a double frontage lot with a major thoroughfare as the rear lot line, a masonry wall shall be installed with streetscape standards found in the non-residential section of the San Jacinto Overlay District. d. Compatibility Buffer One, found in subsection 0), shall be installed when a residential use is developed adjacent to an existing commercial use that has not previously installed an opaque screening. 20 e. Architectural, masonry, and design requirements shall comply with Article 3, Division 4 of the ULDC. (5) Property Development Standards. The following residential development standards shall be applicable within the San Jacinto Overlay District and shall control over those of the underlying zoning district: lZesidential Development Internal block length (min/max) 300 700 ft. Minimum lot area (sq. ft.) See Article II, Table. 2-1 in the ULDC Site coverage 8000 Minimum Lot Dimensions Frontage Single-family attached Multi -family dwellings Minimum frontage shall also determine the minimum lot width. 25 ft. 50 ft. BuildingForm and Location Maximum building height 35 ft. Minimum building setbacks 20 ft. Maximum front building setback 25 ft. Minimum Side Setback Interior side setback 7.5 ft. Single-family attached dwellings Street -side setback (ft.) Same as front Minimum rear setback 10 ft. Section 2: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies, such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency. In all other respects, this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this 21 ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 14'' day of March, 2019. COWON CA—PEtILLO, Mayor A ST: .� LETICIA BRYSCH, City rk APPROVED AS TO FORM: feww 8 oO/o�! ACIO RAMIREZ, SR., tty tt ey cobfs0luegalKaren,Files.CityCouncil Ordinances\2019Uv4arch 14 SanJacintoOverlay.docx 22