Ordinance No. 14,076ORDINANCE NO. 14,076
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A SPECIAL USE PERMIT TO CESCO SOLUTIONS, INC., FOR THE
CONSTRUCTION OF A STRUCTURE WITH A NONCONFORMING USE FOR
TWO (2) ACRES, LOCATED AT 5623 BARKALOO ROAD, ZONED OPEN
SPACE RECREATION (OR), LEGALLY DESCRIBED AS PART AND OUT OF
TRACT 17A, H. F GILLETTE SURVEY, ABSTRACT 297, HARRIS COUNTY,
TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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WHEREAS, the property located at 5623 Barkaloo Road, Baytown, Texas, (the "Property") was
annexed into the City in November 2017; and
WHEREAS, the Property is currently vacant due to a recent fire which destroyed the structure
located thereon; and
WHEREAS, the Property is surrounded by a wide variety of uses, including a heavier commercial
use, an airport, and vacant tracts; however, the predominant use in the area is single family; and
WHEREAS, Cesco Solutions, Inc., which is a chemical manufacturer and a distributor of
cleaning solutions, has been operating its business on the Property since 2006; and
WHEREAS Cesco Solutions, Inc., would like to rebuild its light -industrial facility on the
Property; and
WHEREAS, the Property is located within an Open Space/Recreation (OR) Zoning District,
which zoning district does not allow the facility to be rebuilt unless the City issues a special use permit to
allow Cesco Solutions, Inc., to resume its nonconforming use on the Property.
WHEREAS, the Planning and Zoning Commission (the "Commission") held public hearings on
March 19, 2019, and April 16, 2019; and
WHEREAS, on April 16, 2019, the Commission voted to recommend approval of the special use
permit with the following conditions:
(1) any structure on the Property shall be the same size as the structure that was destroyed by
fire; provided minor adjustments are allowable if they are required to meet current
building requirements;
(2) an opaque screen around the perimeter of the Property shall be installed and maintained;
(3) a 15-foot vegetation buffer along both sides of the Property shall be installed and
maintained;
(4) a 25-foot vegetation buffer along the front of the property (minus the driveways) shall be
installed and maintained;
(5) the following requirements shall be applicable to the Property:
(a) all of the architectural requirements of the Light Industrial (LI) Zoning District;
(b) all of the design elements of the LI Zoning District;
(c) all of the masonry requirements of the LI Zoning District; and
(d) all of the articulation requirements of the LI Zoning District; and
(6) all vegetative buffers shall be planted, spaced and maintained in compliance with Section
1206.5 "Vegetative and buffer zones" of the Code of Ordinances, Baytown, Texas"'
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: The facts and recitations contained in the preamble of this ordinance are hereby
found and declared by the City Council of the City of Baytown, Texas, to be true and correct.
Section 2: That the City Council of the City of Baytown, Texas, hereby grants a Special Use
Permit to Cesco Solutions, Inc., for the construction of a structure with a nonconforming use for two (2)
acres, located at 5623 Barkaloo Road, zoned Open Space Recreation (OR), legally described as part and
out of Tract 17A, H. F Gillette Survey, Abstract 297, Harris County, Texas. A copy of said permit is
attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the Special Use Permit incorporated
herein.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 9's day of May, 2019.
DON CAPETILL , M or
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L 'TICIA BRYSCH, City rk r OF gAYti)�
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APPROVED AS TO FORM:
A '
NACIO RAMIREZ, SR., t Attorney
R-Tarew.Files,City CounciL0rdinances120MMay %SUP42Acres 5623BarkalooRoad.doc
Special Use Permit No. 2019-001
Exhibit "A"
SPECIAL USE PERMIT
WHEREAS, an application together with the requisite site plan for a Zoning Special Use Permit
("SUP"), which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes,
was completed by Karl Larsen for and on behalf of the land owner, Tolar Technologies, LLC. (the
"Applicant'), for an approximately two (2) acre tract along the west side of Barkaloo Road, legally
described as TRS 10 and 11 out of and part of Abstract No. 297, HF Gillette Survey, Harris County,
Texas, and submitted to the Director of Planning and Development Services (the "Director") on a form
prescribed by the Director; and
WHEREAS, the Director reviewed the application and prepared a staff report; and
WHEREAS, the Planning and Zoning Commission (the "Commission") conducted a public
hearing on the application; considered the application, the staff report, the relevant supporting materials,
and public testimony given at the public hearing; and recommended approval to the City Council, subject
to certain additional conditions; and
WHEREAS, the Commission prepared and delivered a report and recommendation to the City
Council to approve the proposed SUP subject to the conditions set forth in Section 2 of this ordinance
based upon the criteria enumerated in Section 1.26(e) of the Unified Land Development Code ("ULDC");
and
WHEREAS, after receiving the report of the Commission, the City Council conducted a public
hearing on the SUP application and considered the application, the staff report, the relevant supporting
materials, and public testimony given at the public hearing; and
WHEREAS, the City Council thereafter made an affirmative finding that there is one additional
condition listed in Section 1.26(d) "Approval criteria for special use permits" stating:
(1) That the specific use will be compatible with and not injurious to the use and enjoyment
of adjacent property or property immediately across the street, and not significantly
diminish or impair property values within the immediate vicinity in any material way;
(2) That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding property;
(3) That adequate utilities, access roads, drainage and other necessary supporting facilities
have been or will be provided prior to the issuance of a certificate of occupancy;
(4) That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, light, noise and vibration prior to the issuance of a
certificate of occupancy;
(5) That there are sufficient landscaping, screening, setbacks and other land use measures to
ensure harmony and compatibility with adjacent property;
(6) That the proposed use is in accordance with the comprehensive plan and generally
consistent with the ULDC; and
(7) That the site plan meets the criteria set forth in Section 1.26(e) of the ULDC;
NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section l: The findings contained in the preamble hereof are declared to be true and correct
and are hereby adopted.
Section 2: A Special Use Permit for a light manufacturing facility located at 5623 Barkaloo
Road as described in Exhibit "A" is hereby granted on property legally described as TRS 10 and 11 out of
Special Use Permit, Page 1
Special Use Permit No. 2019-001
and part of Abstract No. 297, HF Gillette Survey, Harris County, Texas (the "Property") with the
following conditions:
(1) any structure on the Property shall be the same size as the structure that was destroyed by
fire; provided minor adjustments are allowable if they are required to meet current
building requirements;
(2) an opaque screen around the perimeter of the Property shall be installed and maintained;
(3) a 15-foot vegetation buffer along both sides of the Property shall be installed and
maintained;
(4) a 25-foot vegetation buffer along the front of the property (minus the driveways) shall be
install and maintained;
(5) the following requirements shall be applicable to the Property:
(a) all of the architectural requirements of the Light Industrial (LI) Zoning District;
(b) all of the design elements of the LI Zoning District;
(c) all of the masonry requirements of the LI Zoning District;
(d) all of the articulation requirements of the LI Zoning District;
(6) all vegetative buffers shall be planted, spaced and maintained in compliance with Section
1206.5 "Vegetative and buffer zones" of the Code of Ordinances, Baytown, Texas."; and
(7) only chemicals considered by the United States Environmental Protection Agency within
the chemical classification of Tier One and Tier Two pursuant to the Federal Emergency
Planning and Community Right -to -Know Act are permitted to be used on the Property,
nothing more intense/hazardous.
Section 3: Nothing herein shall be construed as to authorize any use other than the uses
expressly enumerated on the submitted application and attached site plan.
Section 4: This SUP shall take effect immediately from and after its passage by the City
Council of the City of Baytown and is subject to expiration and revocation requirements as provided in
the ULDC.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 91h day of May, 2019.
11
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APPROVED AS TO FORM:
GNACIO RAMIREZ, SR. C ty Attorney
Special Use Permit, Page 2