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Ordinance No. 14,133ORDINANCE NO. 14,133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A STRUCTURE WITH A NONCONFORMING USE FOR 0.12 ACRES, LOCATED AT 412 NORTH JONES STREET, ZONED MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2), LEGALLY DESCRIBED AS LOTS 15 & 16 BLOCK 5, MARTIN, BAYTOWN, 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. WHEREAS, the property located at 412 North Jones Street (the "Property") is currently vacant due to a recent fire which destroyed the structure located thereon; and WHEREAS, thereafter, the owner installed a structure on the Property without obtaining the proper approvals, as she mistakenly thought that with the submission of a permit application, she could purchase and install a structure on site prior to receiving approval; and WHEREAS, the building that was installed occupies a smaller building envelope than the previous building; and WHEREAS, the owner of Exquisite Hair would like to use the structure that was installed on the Property after the fire for her beauty salon; and WHEREAS, such use is the same use that was operating on the Property before the fire and since the 1990's; and WHEREAS, the Property is located within a Mixed Residential at Low -to -Medium Densities (SF2) Zoning District, which zoning district does not allow the facility to be used for commercial purposes unless the City issues a special use permit to allow the nonconforming use on the Property to resume; and WHEREAS, the Planning and Zoning Commission (the "Commission") held public hearings on June 18, 2019, and July 16, 2019; and WHEREAS, on July 16, 2019, the Commission voted to recommend approval of the special use permit with the condition that the owner provide and maintain additional screening from the adjacent residential use to the south, with 3-foot tall vegetative hedges; 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 Exquisite Hair, for the construction of a structure with a nonconforming use for 0.12 acres, located at 412 North Jones Street, zoned Mixed Residential at Low -to -Medium Densities (SF2), legally described as Lots 15 & 16 Block 5, Martin, Baytown, 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 8'h day of August, 2019. BRANDON CAPETILLO, Ma r 111 _I1 APPROVED AS TO FORM: I rNACIO RAMIREZ, SR., Chit Attorney 11COBFS011LegalWaren\Files'.City Council Ordinances\2019Wugust 8 SUMAcres:a 4121onesRoad.doc Special Use Permit No. 2019-002 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 Cynthia Leakes, the land owner (the "Applicant"), for property addressed as 412 North Jones Street, approximately 0.12 acres between West Murrill Avenue and West Jack Avenue, legally described as Lots 15 & 16 Block 5 Martin (Baytown), 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; Special Use Permit, Page 1 Special Use Permit No. 2019-002 NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: 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 Exquisite Hair Salon as described in Exhibit "A" is hereby granted on property legally described as approximately 0.12 acres at 412 North Jones Street acres, Lots 15 & 16 Block 5 Martin (Baytown), Harris County, Texas (The "Property"), located between West Murrill Avenue and West Jack Avenue. 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 8th day of August, 2019 B ANDON CAPETILLO, Ma or A ST:a ETICIA BRYSCH, City Clerk APPROVED AS TO FORM: NACIO RAMIREZ, St,,kity Attorney Special Use Permit, Page 2 _ r{Yf Y Planning Services 2401 Mw*ct Street BayB �Vil 77520 Universal Development Application hontown.•t 0-5394 Phone: 28t-420-5394 Planning©baYtowtiorg Incomplete applications will not be accepted. Indicate "N/A" when an item does not pertain to your application. o Zoning Map Amendment o Telecommunication Special Use o Replat ❑ General Plan ❑ Zoning Variance ❑ Landscape Variance ❑ Small Subdivision* ❑ Lot Line Adjustment/Consolidation ❑ Zonin pecial Exception ❑ Subdivision Variance ❑ Minor Plat* ❑ Fire Lane Easement ❑ Z969 Appeal o Preliminary Plat* ❑ Amending Plat* ❑ Text Amendment ping Special Use ❑ Final Plat* ❑ Plat Certification o Other See appropriate checklist and fee schedule for minimum requirements for each application. *These applications use the same checklist. Project/Subdivision Name Project Address/Location: Brief Description of Project: * t kis W m 1{i I;, i ar / in fit,da "5C r Legal Description & Recording Info: Of', � �' 1 1 �!'1 /h f py Parcel(s) Tax ID#(s): to Property platted: Yes o_Don't Know Type: Residential- -Acres- Commercial cres: "Total acres: Is property in ETJ? Yes _ No ✓ Existing Zoning: Number of existing lots:, Number of existing units: , Current Use: Proposed Zoning: Number of proposed lots: z2-.—,,, Number of proposed units: _J_, Proposed Use, Utility provider for water supply: 1 9� h Utility provider for sanitarys ,ewer: I would like to attend a meeting with the Development Review Committee (DRC): Yes uNo_County: hambers_,Hanisi (Primary Contact wiU be tified) �. Owner Name: Email: SJ &V Address: Joy 4d City ltStater p:1#73 l Phone: % 7— _16 l d Fax: Applicant Name: 1-G Address: _,Email 4 Cit StatQ: Zip: Contact Person (If different from applicant): Email: Address: _ __ City: State: Zip: Phone: Fax: By signing this application, staff is granted access to your property to perform activities related to your case. If the property owner is not i signing, legally su cient si ature tho . verification (i.e. letter of authorization to apply) must be provided at the time of application. I Signature(s): Printed/I'yped Name(s): 64 n th i4— L f4—K6 Known jut me to be the person(s) whose name(s) is/are subscribed to the above and foregoin acknowledged to me that they e same for the u ses and consideration ressed and in the capacity therei st iven der my hand and seal of office on this day of Jotary Public, State of Texas Comm. Expires 08-23-2021 Notary ID 125844826 &V& .k?, Not Public FOR DEPARTMENT USE ONLY: Project #: Project Manager. Submittal Date: Accepted By: Total Fee(s): $ Completeness review by: Date: Approved by: Approval Date: CITY OF BAYTOWN Planning andDevelopmentServices 2401 Market Street Baytown. TX 77520 Zoning Special Use Checklist Phonc:231.420.5394 0 Planning'a baytoun org Carefully review the following information before submitting a zoning special use application. It is the applicant's responsibility to defend their case before the Planning and Zoning Commission ("Commission") and the City Council. The Commission shall make a recommendation to the City Council to approve or disapprove the proposed special use permit based upon whether ALL of the criteria set forth below are met. The following list of submittal requirements shall be used by the applicant as a checklist in preparing a complete zoning special use application. The City shall also use the checklist to verify the completeness of the application at the time it is submitted. Applicants are responsible for submitting complete ap lications. Incomplete applications will be rejected and returned to the applicant. Universal Development Application — complete wit h all required signatures � Application Fee — $500.00 OAgent Information — if you are an agent and not the property owner, then you shall submit a notarized statement from the owner naming you as agent for this application or you must provide an executed contract for sale allowing you to apply for this special use permit. If the property is owned by any entity or corporation and not an individual, please submit Articles of Incorporation or other documentation verifying signatory authorization. Applicant's Statement — The statement shall: list the reason(s) for requiring a zoning special use permit; identify the existing zoning district and the current and proposed property uses; and, indicate the section(s) of the Unified Land Development Code ("ULDC") that require this special use permit. Finally, the statement shall illustrate how the applicant's request addresses the following criteria (NOTE: a special use permit can only be granted when ALL of the following criteria are met): 1. This special use permit will be compatible with and not injurious to the use and enjoyment of other property, not significantly diminish or impair property values within the immediate vicinity in any material way. 2. This special use permit will not impede the normal and orderly development and improvement of surrounding property. 3. This special use permit will ensure 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. This special use permit will ensure that adequate nuisance prevention measures will be taken and maintained to prevent or control offensive odor, fumes, dust, noise and vibration prior to the issuance of a certificate of occupancy. 5. This special use permit will ensure that there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property. 6. Tile proposed use is in consistent with the comprehensive plan and is generally consistent with the purposes with the ULDC. 7. That the site plan meets the criteria set forth in the ULDC Section 1.26 (e), whereas the planning and zoning commission may recommend and the city council may adopt other conditions on any special use permit application that are needed to protect the public health, safety and welfare, including but not limited to, hours of operation and additional landscape or parking requirements. By signing below I acknowledge that I have reviewed the general information and submittal requirements checklist aySd have included the required submittal items and reviewed them for ace �✓/��/� Epplicant ignature Date 9A kS Applicant Printed Name 1) This special use permit will be used for a small beauty salon,that has been there serving the community since 1990. Many that are less fortunate and don't have vehicles in the surrounding areas are unable to walk to my new temporary location. For instance, the older lady next door who had custody of her grandson, I cut his hair until he passed away, now she has custody of her great grandsons who are 14 and 16 years old. They are both special needs and now aren't able to walk there to get their haircuts. I love serving the community and helping everyone feel good about themselves. That's what my salon does for the community. 1,000 to 1,100 square feet is used for the salon area of the shop, the remaining space was for my retired father to conduct the garage sales once or twice a month. That part was unfinished warehouse only used for storage space. I have no other place to go, this is where I've made my living. Harvey came through and left me with damages. the insurance refused to pay and cancelled my policy, so I had begun repairing the building. Just as i was almost done and then the fire happened guess what, no coverage. Starting over is very difficult but I cannot quit or give up. I have too much time and effort invested into this community. 2) This new building enhances the community and comer lot. The purpose of the beauty shop is to be accessible to the clients that have been coming for years. The other part is the warehouse that helps resale products to people moving into neighborhood to decorate their homes and apartments without spending a lot of money. It's also walking distance for people without vehicles that need to shop. My dad had been there for years and had regular customers also. I am now starting to feel the impact of losing money not realizing how many walked there, and are now asking "when are y'all opening back up." This business has always been an asset to the community not a hindrance. 3)1 will be sure to accommodate adequate utilities and a handicap accessible restroom. I will meet all of the above required needs to satisfy a certificate of occupancy and a special use permit. 4) The majority of my clients are natural, so I use all natural hair care products. Most are odorless with the exception of a few clients. Those chemicals are odorless also. 5)1 will assure you that sufficient landscaping, screening, and setbacks are compatible and appealing. Although the lot adjacent is empty and has been for over 30 years. 6)1 Intend to do what is required to meet the UDLC standard. I have included pictures f the original building and of the new building. 7) The site plan does comply with the criteria set forth in the UDLC section 126(e) which is including but not limited to hours of operation and additional landscaping or parking requirements. . C131flti5 aaf7P1 Sly i ~'y PAfiERS -. Google r Fn � • 't• ... r . � ��. . � .r'��� L .. .. _ �� �� ..� �.:. .� .�-- f� - Rli- J1 l74 "��,`•• fin""{' :� : ti:.(:.:k,S �r R:7`. •H. 'Y,f:. r... 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