Ordinance No. 10,040ORDINANCE NO. 10,040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CONDITIONALLY APPROVING THE SITE STANDARDS FOR AN
AFFORDABLE HOUSING PROJECT FOR ELDERLY CITIZENS LOCATED
SOUTH OF BIRDSONG DRIVE AND EAST OF GARTH ROAD IN
ACCORDANCE WITH CHAPTER 126 "SUBDIVISIONS," ARTICLE III
"DEVELOPMENTS," DIVISION 3 "COMMERCIAL DEVELOPMENTS,"
SECTION 126 -386 "SITE STANDARDS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Section 126 -386 of the Code of Ordinances, Baytown, Texas (the "Code ")
allows a residential development for rental occupancy at a density not to exceed 20 dwelling
units per acre; and
WHEREAS, such section also provides that on -site parking shall be provided for
residential development designated for rental occupancy at the rate of 2'/4 spaces per dwelling
unit; and
WHEREAS, the City has received a request for a proposed senior citizen affordable
housing development south of Birdsong Drive and east of Garth Road, which, as proposed,
would result in:
➢ a density of 28 dwelling units per acre, a 40% increase in density over that
provided in the Code; and
➢ 72 parking spaces, a 66.7% reduction in the number of requisite parking spaces as
provided in the Code; and
WHEREAS, the Code allows the density and parking standards to be varied by the City
Council upon recommendation of the Planning and Zoning Commission utilizing the following
criteria:
1. the site must be approved by the federal agency responsible for financing, and the
contemplated project must be subject to income limitations set forth in the federal
regulations;
2. density allowances will take into consideration family sizes and ages of intended
occupants; and
3. parking requirements may be adjusted by the commission with the approval of the
city council to fit demonstrated demand in similar projects; and
WHEREAS, due to the number of one - bedroom units proposed for the development
along with the age requirement of the intended occupants, the density allowances and the parking
requirements established herein take into consideration the family sizes and ages of intended
occupants and the parking demands in similar projects; and
0
® WHEREAS, on March 16, 2005, the Planning & Zoning Commission approved the
proposed site standards for the development on Birdsong Drive near Garth Road; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: All matters and facts set forth in the recitals above are found to be true,
and are approved as the findings of the City Council of the City of Baytown.
Section 2: That the City Council of the City of Baytown, Texas, hereby conditionally
approves the site standards for an affordable housing project for elderly citizens located south of
Birdsong Drive and east of Garth Road in accordance with Chapter 126 "Subdivisions," Article
III "Developments," Division 3 "Commercial Developments," Section 126 -386 "Site Standards"
of the Code of Ordinances. Such approval is expressly conditioned upon the following:
the site must be approved by the federal agency responsible for financing, and the
contemplated project must be subject to income limitations set forth in the federal
regulations; and
the site must be used as an affordable housing development for senior citizens.
Section 3: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 24th day of March, 2005.
CALVIN MUNDINGER, May r
ATTEST:
-F
AW W. SMT- H, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., i Attorney
® RAKaren\Files\City CounciROrdinances0005Warch 24\ SiteStandardsVaried4RentalOccupancycnBirdsong .doc