Ordinance No. 10,287.Published in the Baytown Sun
on March 28, 2006 and March 30,
ORDINANCE NO. 10,287 2006
• AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING
CHAPTER 126 "SUBDIVISIONS," ARTICLE III "DEVELOPMENTS,"
DIVISION 2 "RESIDENTIAL," SUBDIVISION II "PLANNED UNIT
DEVELOPMENTS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
REPEALING CHAPTER 130 "ZONING," ARTICLE II "ADMINISTRATION,"
DIVISION 3 "AMENDMENTS," SECTIONS 130 -158 "CONSIDERATION OF
TEXT AMENDMENT'S EFFECT," 130- 159 "NONSUBSTANTIVE
MODIFICATION," 130 -160 "SUBSTANTIVE MODIFICATION;
REFERENDUM," 130 -161 "SUBSTANTIVE AMENDMENT CRITERIA,"
AND 130 -162 "POST- REFERENDUM PUBLIC HEARING," AND SECTION
130 -163 "CRITERIA" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS; AMENDING CHAPTER 130 "ZONING," ARTICLE I "IN
GENERAL," SECTION 130 -1 "DEFINITIONS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD THE DEFINITIONS OF
"COMMON AREA," "GROSS LAND AREA," "OPEN SPACE," AND
"TREE "; AMENDING CHAPTER 130 "ZONING," ARTICLE 11
"ADMINISTRATION," DIVISION 3 "AMENDMENTS" OF THE CODE OF_
ORDINANCES, BAYTOWN, TEXAS, TO ADD NEW SECTIONS TO BE
NUMBERED AND ENTITLED SECTION 130 -158 "CRITERIA" AND
SECTION 130 -159 "VOTE REQUIRED FOR ACTION "; AND AMENDING
CHAPTER 130 "ZONING" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED
ARTICLE VIII "OVERLAY DISTRICT REGULATIONS "; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NOI100
DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND
THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 126 "Subdivisions," Article III "Developments," Division 2
"Residential," Subdivision II "Planned Unit Developments" of the Code of Ordinances,
Baytown, Texas, is hereby repealed in its entirety.
Section 2: That Chapter 130 "Zoning," Article II "Administration," Division 3
"Amendments," Section 130 -158 "Consideration of text amendment's effect" of the Code of
Ordinances, Baytown, Texas, is hereby repealed in its entirety.
Section 3: That Chapter 130 "Zoning," Article I "In General," Section 130 -1
"Definitions" of the Code of Ordinances, City of Baytown, Texas, is hereby amended, in part, to
add the definitions of "common area," "gross land area," "open space," and "tree," which shall
read as follows:
• CHAPTER 130. ZONING
ARTICLE I. GENERAL
Sec. 130 -1 Definitions.
For purposes of interpreting and administering the provisions of this chapter, the words
defined in this section shall be given the meanings as follows. All other words shall be given
their common, ordinary meanings, as the context may reasonably suggest. If a dispute occurs
over the meaning of a term not defined in this section or over the application of a definition set
forth in this section, the director of planning and development services shall give an
interpretation in accordance with section 130 -413.
Common Area means private property under common ownership designated on a subdivision
plat and intended for the common use of the residents or occupants of the development. Common
areas shall include, but not be limited to, pools and other recreational facilities, habitats, trails,
and landscaped areas.
Gross land area means all of the land area within a subdivision including public rights -of -way,
retention areas, and detention areas.
Open space means private property under common ownership designated on a subdivision plat
that is open and unobstructed to the sky, except for the detention and retention areas and ordinary
projections of plant material and that is designated as open space on a subdivision plat.
Shrub means a woody perennial plant differing from a perennial herb by its more woody stem
and from a tree by its low stature and habit of branching from the base, which is a minimum of
eighteen inches in height when planted.
Tree means any self - supporting woody plant with one well - defined trunk and a distinct definite
formed crown, which is at least five feet in height immediately upon planting, as measured from
ground level, and which is two - inches in diameter, as measured at 18 inches above ground level.
Section 4: That Chapter 130 "Zoning," Article II "Administration," Division 3
"Amendments" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new
section to be numbered and entitled Section 130 -158 "Criteria" which shall read as follows:
CHAPTER 130. ZONING
ARTICLE II. ADMINISTRATION
DIVISION 3. AMENDMENTS
Sec. 130 -158. Criteria.
The wisdom of amending the text of this chapter or the map is a matter committed to the
sound legislative discretion of the city council and is not controlled by any one factor. In
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• determining whether to adapt, adopt with modifications or disapprove the proposed amendment,
the city council shall consider the following factors:
(1) Consistency with chapter. Whether and the extent to which the proposed
amendment would conflict with any portion of this chapter;
(2) Compatibility with surrounding area. Whether and the extent to which the
proposed amendment is compatible with existing and proposed uses surrounding
the subject land and is the appropriate district for the land;
(3) Changed conditions. Whether and the extent to which there are changed
conditions that require an amendment;
(4) Effect on natural environment. Whether and the extent to which the proposed
amendment would not result in significantly adverse impacts on the natural
environment, including but not limited to water, air, noise, stormwater
management, wildlife, vegetation, wetlands and the natural functioning of the
environment;
(5) Community need. Whether and the extent to which the proposed amendment
addresses a demonstrated community need; and
(6) Development patterns. Whether and the extent to which the proposed amendment
would result in a logical and orderly development pattern and not constitute spot
zoning.
Section 5: That Chapter 130 "Zoning," Article 11 "Administration," Division 3
"Amendments," Section 130 -159 "Nonsubstantive modification" is hereby repealed in its
entirety.
Section 6: That Chapter 130 "Zoning," Article II "Administration," Division 3
"Amendments" of the Code of Ordinances, Baytown, Texas is hereby amended to add a new
section to be numbered and entitled Section 130 -159 "Vote required for Action" which shall read
as follows:
CHAPTER 130. ZONING
ARTICLE II. ADMINISTRATION
DIVISION 3. AMENDMENTS
Sec. 130 -159. Vote required for Action.
After the close of the public hearing held pursuant to Section 130 -157, the city council
• shall vote to approve, approve with modifications or disapprove the proposed amendment based
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® upon the criteria in section 130 -158. Action to amend the text of this chapter or the official map
shall require an affirmative vote of at least six members (three - fourths) of the city council.
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Section 7: That Chapter 130 "Zoning," Article II "Administration," Division 3
"Amendments," Section 130 -160 "Substantive modification; referendum" of the Code of
Ordinances, Baytown, Texas, is hereby repealed in its entirety.
Section 8: That Chapter 130 "Zoning," Article lI "Administration," Division 3
"Amendments," Section 130 -161 "Substantive amendment criteria" of the Code of Ordinances,
Baytown, Texas, is hereby repealed in its entirety.
Section 0: That Chapter 130 "Zoning," Article II "Administration," Division 3
"Amendments," Section 130 -162 "Post- referendum public hearing" of the Code of Ordinances,
Baytown, Texas, is hereby repealed in its entirety.
Section 10: That Chapter 130 "Zoning," Article II "Administration," Division 3
"Amendments," Section 130 -163 "Criteria" of the Code of Ordinances, Baytown, Texas, is
hereby repealed in its entirety.
Section 11: That Chapter 130 "Zoning" of the Code of Ordinances, Baytown, Texas, is
hereby amended to add a new article to be numbered and entitled Article VIII "Overlay District
Regulations," which shall read as follows:
ARTICLE VIII. OVERLAY DISTRICT REGULATIONS
Division 1. In General
Sec. 130 -625. Purpose.
(a) Designation of an area intended as a zoning overlay district merely supplements the
primary underlying zoning district classification.
(b) The height of structure shall be determined by the regulations set forth for the underlying,
primary zoning district classification except where more restrictive height and area
regulations are specified in an overlay zone.
(c) If there is any conflict between the provisions of this article and other provisions of this
code, the most restrictive regulation shall apply in the absence of a specific directive to
the contrary.
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• Sec. 130 -626. Authority.
The city council may designate overlay districts and define, amend, and delineate the
boundaries thereof in accordance with this article if the proposed overlay district project would
result in a greater benefit to the city than would development under the base zoning district
regulations. In designating an overlay district, the city council may impose such other conditions
as are deemed necessary to accomplish the purposes of this code and the city's comprehensive
plan.
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Sec. 130 -627. Initiation; removal.
(a) Initiation. An application for an amendment to the official zoning map to provide for an
overlay district may be proposed by the owner(s) of property within the proposed
overlay district.
(b) Removal. An application for an amendment to the official zoning map to remove an
overlay district may be proposed by:
1. all of the owner(s) of property within the overlay district; or
2. the mayor, a member of the city council or the city manager, if the property is not
being developed in accordance with the master development plan approved by the
city council.
Sec. 130 -628. Submission of application.
(a) Application. An application concerning an overlay district shall be subject to and must
satisfy all provisions of section 130 -154.
(b) Master development plan. The application must also include a master development plan
of the development, which shall be incorporated into any ordinance establishing the
requested overlay district. The plan shall control development within an overlay district
to the extent specified in the ordinance creating the overlay district. The master
development plan must include at a minimum the following:
(1) A comparison of the proposed development with the standards of underlying
zoning district and a statement by the applicant describing how the proposed
development provides greater benefits to the city than would a development
carried out in accordance with otherwise applicable zoning and development
regulations;
(2) Identification of site planning features designed to ensure compatibility between
on -site residential and nonresidential uses, and with the surrounding
neighborhood and land uses;
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• (3) A narrative addressing the proposed development explaining and tabulating the
land uses by gross acre, number of dwelling units by housing type, maximum
building coverage by land use type, residential density and/or square footage of
non - residential uses per net acre, common area and open space acreage, potential
traffic generation, overall character and architectural style, the relationship of the
proposed development to existing development in the area and other related
development features;
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(4) A site plan drawn to scale of the entire proposed overlay district, which shall
include, but not limited to, the location of buildings, parking lots and circulation,
streets, parks, utility easement, the building height, setbacks from all boundaries,
trails and trail connections, utilities, existing and proposed land uses, common
area, open space, landscaping plan, a conceptual drainage plan and entrance
locations on existing roads;
(5) Density and dimensional standards to be applicable within the proposed overlay
district;
(6) A statement of how the proposed development is consistent with the city's
comprehensive plan; and
(7) The minimum lot square footage for all uses, including the minimum lot width
and depth;
(8) Information relating to the transition between and buffering of different uses;
(9) The variation from normal zoning and subdivision provisions needed to
implement the plan; and
(10) Other relevant information as may be requested by the director of planning and
development services.
Sec. 130 -629. Procedures to create overlay districts.
(a) Overlay districts shall be created pursuant to the provisions of article I1, division 3 of this
chapter unless expressly specified otherwise in this article.
(b) Eighteen copies of the master development plan, which is to be considered by the city
council, must be submitted to the director of planning and development services at least
ten days prior to the meeting during which the city council will consider the plan.
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Sec. 130 -630. Required open space.
(a) All overlay district developments shall include a minimum 15 percent of the gross land
area as open space and shall be depicted in the site plan required in section 126 -146.
Parking areas shall not be counted toward the open space requirement; however, a
retention or detention area will. Open space shall be designed so that all residents of the
overlay district shall have reasonable access to it.
(b) The open space required for overlay districts shall not be maintained by the city.
Adequate provision shall be made for a community association or other legal entity with
direct responsibility to, and control by, the property owners involved in accordance with
and meeting all requirements of section 126 -435 of this code.
Sec. 130 -631. Overlay district map.
The boundaries of any overlay district established by the city council pursuant to this
article shall be shown on the official district map created and maintained as required pursuant to
section 130 -412.
Division 2. PUD Planned Unit Development Overlay District
Sec. 130 -641. Purpose.
The purpose of this division is to encourage the appropriate development of tracts of land
of sufficient size to allow comprehensive planning and to provide flexibility in the application of
certain regulations in a manner consistent with the general provisions of this code and the city's
comprehensive plan. The provisions of this division are intended to:
(1) Promote innovative and creative design of residential and nonresidential areas;
(2) Promote efficient use of land by facilitating a more economic arrangement of
buildings, infrastructure, circulation systems, land use and facilities;
(3) Encourage high standards in the layout, design and construction of residential and
nonresidential development and promote opportunities for varied housing types;
(4) Conserve, protect and enhance the natural environment through flexibility of
design and development within a PUD, and preserve environmentally sensitive
lands;
(5) Allow a diversification of uses, structures, and open space in a manner compatible
with both the surrounding, existing and approved development of land
surrounding and abutting the PUD site;
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® (6) Provide more useable and suitably located open space and recreation facilities, as
well as other public and common facilities than would otherwise be provided
under conventional land development planning practices; and
(7) Achieve harmonious building and site designs.
Sec. 130 -642 Designation.
(a) Criteria for designation. A designation for a planned unit development overlay district
may be made if:
(1) the PUD overlay district project would result in a greater benefit to the city than
would development under the base zoning district regulations; and
(2) the site of the proposed PUD overlay district contains at least ten acres of
contiguous land, unless council finds that the property of less than ten acres is
suitable by virtue of its unique historical character, topography or other natural
features or unique design layout of proposed subdivision; and
(3) the PUD overlay district project satisfies all other provisions of this article and is
consistent with the city's comprehensive plan.
(b) Process for designation. The initiation, application and procedure to establish a PUD
overlay district shall be in accordance with division 1 hereof. Additionally the master
development plan must include:
(1) the existing and proposed use of the structure;
(2) any planned rehabilitation by the property owner; and
(3) the nature and degree of endangerment to the structure.
(c) Removing a designation. A designation for a PUD overlay district may be removed in
the same manner and by the same process by which it was enacted.
Sec. 130 -643. Property development standards.
(a) Lot. The minimum lot area, width, frontage and yard requirements for single - family
residences may be altered as approved by City Council.
(b) Streets. Minimum street widths or alleys proposed within a PUD overlay district
shall be flexible in order to promote innovative design.
(c) Off - street parking. A minimum of two off - street parking spaces shall be provided for
each single - family unit. The required off - street parking spaces must be located on the lot
of the single- family unit or be provided elsewhere within the proposed development. The
single- family dwelling unit garage does not count toward satisfying this requirement. No
portion of a street may be used in calculating the required off - street parking spaces. All
non - residential parking shall comply with chapter 18 of this code and all codes adopted
therein.
(d) Building Height. Height limitations shall be the same as imposed in this chapter for
the underlying zoning district.
(e) Open Space. At least 30 percent of the open space required in section 130 -630 shall be
converted to common areas used for recreation or parks.
(f) Landscaping. Landscaping shall be provided for residential and non - residential
developments. A minimum of 2 trees and 8 shrubs shall be provided for each single -
family residential unit on each single- family residential lot. Fifty percent (50 %) of the
required trees may be located in an open space as defined in section 130 -1. The specific
placement, forward of the rear building line, shall be left to the discretion of the
developer. Whenever practicable, the preservation of existing trees is encouraged. All
developments other than single - family and duplex developments, shall comply with
chapter 18, article XIV.
(g) Buffering and screening. Open space buffers and screening, as described in section
130 -310, shall be required to separate land uses within the PUD overlay district. No
parking lot, structures, or equipment pads shall be placed in an open space buffer. The
minimum size of an open space buffer shall be 20 feet measured from the exterior
property line that is adjacent to the single- family or duplex use. Screening, as described
in section 130 -310, shall be provided along the property line adjacent to the single- family
or duplex use..
(h) Engineering and construction standards. With the exception of section 126- 641(c),
engineering and construction standards shall be the same as imposed in article V of
chapter 126.
Section 12: 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 and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 13: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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.
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Section 14: 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
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). 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 15: 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 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 23rd day of March, 2006.
CALVIN MUNDINGER, Mayor
LORRI COODY, City Clerk
APPROVED AS TO
ACIO RAMIREZ, SR., C' Attorney
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