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Ordinance No. 14,381ORDINANCE NO. 14,381 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS" DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.09 "LAND USE TABLES," TABLE 2-2 "NON-RESIDENTIAL USES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY REMOVING "GAS STATION' AND ADDING "TRAVEL CENTER," "VEHICLE FUELING STATION' AND "VEHICLE FUELING STATION MINIMART"; AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE II "USE DISTRICTS" DIVISION 3 "LAND USE TABLES AND CONDITIONS," SECTION 2.10 "LAND USE CONDITIONS," SUBSECTION A "NON-RESIDENTIAL CATEGORIES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY RENAMING AND REVISING CONDITION NOS. 14 "GAS STATION MINIMART," 15 "GAS STATION," AND 16 "GAS STATION' AND ADDING A NEW USE TO THE CONDITIONS TABLE TO BE NUMBERED AND ENTITLED CONDITION NO. 60 "TRAVEL CENTER" AND AMENDING APPENDIX A "UNIFIED LAND DEVELOPMENT CODE," ARTICLE IV "DEFINITIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY REPEALING THE DEFINITIONS OF "GAS STATION," "GAS STATION MINIMART," AND "GAS STATION MINIMART WITH LIMITED FOOD PREPARATION," REVISING THE DEFINITION OF "TRUCK STOP" AND ADDING A DEFINITION FOR "TRAVEL CENTER"; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO 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 II "Use Districts" Division 3 "Land Use Tables and Conditions," Section 2.09 "Land use tables," Table 2-2 "Non-residential uses" of the Code of Ordinances, Baytown, Texas, is hereby amended by removing "Gas station" and adding "Travel center," "Vehicle fueling station" and "Vehicle fueling station minimart" which table shall be read in part as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 3. LAND USE TABLES AND CONDITIONS Sec. 2.09. Land use tables. Table 2-2. Non-residential uses. Travel center PC P P A60 Vehicle fueling station P P P P P A16 Vehicle fueling station minimart P PC P p p A14, A15, A16 Section 2: That Appendix A "Unified Land Development Code," Article II "Use Districts" Division 3 "Land Use Tables and Conditions," Section 2.10 "Land Use Conditions," Subsection A "Non- residential categories" of the Code of Ordinances, Baytown, Texas, is hereby amended by renaming and revising Condition Nos. 14 "Gas station minimart," 15 "Gas station," and 16 "Gas station" and adding a new use to the conditions table to be numbered and entitled Condition No. 60 "Travel center," which conditions shall read as follows: APPENDIX A. UNIFIED LAND DEVELOPMENT CODE ARTICLE II. USE DISTRICTS DIVISION 3. LAND USE TABLES AND CONDITIONS Sec. 2.10 Land use conditions. This section sets forth the conditions associated with identified land uses in section 2.05. The conditions expressed in the use table are cumulative of applicable conditions contained elsewhere in the Code. (a) Vehicle fueling station minimart shall not exceed 8,000 square feet in building size. (b) Gas station minimart is allowed only if located on a 14 Vehicle fueling All, where freeway, an arterial street or on a collector street at its station minimart permitted intersection with an arterial street. (c) Vehicle fueling station minimart must provide opaque screening adjacent to any residential dwelling or property zoned for residential use. (a) Vehicle fueling station minimart shall not exceed 5,000 square feet in building size. (b) Vehicle fueling station minimart shall not have a drive Vehicle fueling 15 station minimart NSC through for food service in NSC. (c) Vehicle fueling station minimart is allowed only if located on (i) an arterial street, (ii) a collector street, or (iii) a local street intersecting a street of higher classification. 16 Vehicle fueling All, where Vehicle fueling stations must provide opaque screening adjacent station 2ermitted to any residential dwelling or property zoned for residential use. E (a) Only permitted on sites within a 1,500-foot radius of the centerlines of the following intersections: Interstate Highway 10 (IH 10) and South Main Street (near Highlands); the Grand Parkway (SH 99) east of Tri City Beach Road; and the Grand Parkway (SH 99) west of State Highway Business 146 (SH 146 BS). (b) Sites shall have no less than 100 feet of frontage and be no less than 5 acres in size. 60 Travel center GC (c) Commercial vehicle parking spaces shall be limited to 8 spaces, with a maximum of 8 commercial diesel fueling positions. (d) Fueling areas for domestic vehicles and fueling areas for commercial vehicles must be separated. (e) Travel centers must provide opaque screening adjacent to any residential dwelling or property zoned for residential use. (f) Travel centers shall be 8,000 square feet or more in building size. Section 3: That Appendix A "Unified Land Development Code," Article IV "Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended by repealing the definitions of "gas station," "gas station minimart," and "gas station minimart with limited food preparation," revising the definition of "truck stop" and adding a definition for "travel center," which definitions shall read as follows: APPENDIX A. UNIFIE❑ LAND DEVELOPMENT CODE ARTICLE IV. DEFINITIONS The following words, terms and phrases, when used in this ULDC, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning. Travel center means a facility associated with the refueling of domestic and commercial vehicles, including the retail sale of food and beverages, limited service restaurants, and general merchandise. A travel center does not include a truck stop or a facility associated with commercial vehicle washing and/or repairs of any vehicle type, showering, laundry, temporary sleeping, and/or overnight parking. This use may also be referred to as a travel plaza. Truck stop means a facility primarily for parking, refueling, washing and/or minor repair of commercial vehicles, and may include retail sales of food, beverages, and/or other items, full -service restaurant(s), restroom/shower facilities, and/or temporary sleeping quarters. This use may also be referred to as transport stop or truck serviceffilling station; however, a truck stop does not include a travel center. Vehicle fueling station means a site used for the retail sale of vehicle fuels and oils for domestic vehicles, pre -packaged food items, and limited merchandise. A vehicle fueling station is meant to include fueling for vehicles that use alternative fuels or a combination of conventional and alternative fuels. This use may also be referred to as gas station, service station, filling station, or petrol station. Vehicle fueling station minimart means a facility associated with the sale of vehicle fuels for domestic vehicles that also offers for sale food items and general merchandise. Hot beverages, fountain - type beverages, and food, prepackaged or prepared on -site, may be included in the food items for sale. The facility may be associated with another use but may not include automobile repair or service of any kind, or any services for commercial vehicles. A vehicle fueling station minimart is meant to include fueling for vehicles that use alternative fuels or a combination of conventional and alternative fuels. This use may also be referred to as gas/servicefilling Petro station with: convenience store, corner store, food mart, or bodega. Section 4: 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 NOi 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 5: 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 6: 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 7: 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 141h day of May, 2020. DON CAPETIL O, Ma or 4 ATTEST: gP+Y70yy�:�� LET CIA BRYSCH, City Jerk (1y.°° °° ° N C O o APPROVED AS TO FORM: N*% ° KAREN L. HORNER, Interim City Attorney RAKaren',FileslCity Council Ordinances\2020\May 141TravelCenters.docx