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CC Resolution No. 1247 2405 RESOLUTION NO. 1247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING PROCEDURES FOR CONSIDERING THE ADOPTION OF THE NEIGHBORHOOD PROTECTION ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF . WHEREAS, Section 211 . 006 of the Texas Local Government Code requires that a governing body of a municipality wishing to exercise the authority relating to zoning regulations and zoning district boundaries establish procedures for adopting and enforcing the regulations and boundaries; and WHEREAS, on May 13 , 1993 , the City Council of the City of Baytown ("City Council" ) pursuant to Ordinance No. 6632 authorized and directed the City Manager to execute an agreement for professional services with James Duncan and Associates regarding the preparation of a Neighborhood Protection Ordinance for the City of Baytown; and WHEREAS, James Duncan and Associates produced a referendum draft of a Neighborhood Protection Ordinance along with a Zoning Map Atlas for the City of Baytown; and WHEREAS, on September 22 , 1994 , after considering the Referendum Draft of the Neighborhood Protection Ordinance, the City Council in Ordinance No . 7104 ordered a municipal election to be held for the purpose of considering whether the City Council should adopt the proposed Baytown Neighborhood Protection Ordinance and Zoning Map Atlas; and WHEREAS, on May 6, 1995, such election was held and 56 . 55% of the voters who casted their votes concerning Proposition No . One regarding the Neighborhood Protection Ordinance voted that City Council should adopt the proposed Baytown Neighborhood Protection ordinance dated September 22 , 1994 , and proposed Baytown Zoning Maps Atlas dated December 31, 1994 ; and WHEREAS, in light of the public support for the proposed Neighborhood Protection Ordinance, Council wishes to establish procedures for the adoption of the same; NOW THEREFORE 2406 BE IT RESOLVED 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 and adopted as the procedures of the City Council taken prior to the adoption of this resolution. Section 2 : The following are hereby adopted by the City Council of the City of Baytown as the procedures for considering the adoption of the Neighborhood Protection Ordinance : 1 . City Council shall appoint the Growth Management and Development Advisory Commission as the zoning Commission ("Commission" ) pursuant to Section 211 . 007 (a) of the Texas Local Government Code . 2 . The Commission shall (i) establish boundaries for the original zoning districts and appropriate regulations for each district ; (ii) prepare a preliminary report; (iii) set the time, date and place for the public hearings concerning the preliminary report ; (iv) hold the public hearings after giving notice as prescribed in Section 211 . 006 (a) of the Texas Local Government Code; (v) prepare a final report; and (vi) submit a final report to City Council . 3 . After receiving the Commission' s recommendations and final report, City Council shall set the time, date and place for a public hearing on the proposed Neighborhood Protection Ordinance . 4 . City Council shall hold a public hearing after publishing the required notice pursuant to section 211 . 006 (a) of the Texas Local Government Code . 5 . Following the close of the public hearing, City Council shall act on the proposed Neighborhood Protection Ordinance . Section 3 : Whenever a vote is necessitated by Section 2 herein, a majority vote of the Council Members or Commission Members, whichever is applicable, present and voting at a meeting in which a quorum of the members is present will be required. 2 2407 Section 4 : This resolution 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 23rd day of May, 1995 . /,�, c - PETE C. ALFARO, Mayor ATTEST: -G6d�X�cCJ EILEEN P. HALL, City Clerk APPROVED AS/TTO FORM: n ��� /� .� NACIO RAMIREZ, S . City Attorney b::klh7/zoneres 3 a_ytown District Name Map Symbol Neighborhood Conservation NC Urban Neighborhood UN Mixed Use MU NC, Neighborhood Conservation District. I . Purpose. The purposes of the NC Neighborhood Conservation district are to: a. preserve and reinforce existing low-density, residential land use patterns and promote high-quality living environments; b. ensure the provision of adequate light, air, privacy and open space to serve the needs of residents;and c. ensure land use compatibility and protect residential uses from adverse land use impacts that can occur when high-density residential or nonresidential development is located near residential uses. UN, Urban Neighborhood District. I . Purposes. The purposes of the UN Urban Neighborhood district are to: a. preserve and enhance the viability of older, once predominately residential neighborhoods,while allowing an appropriate mix of land uses: b. promote infill development and redevelopment that is compatible with existing neighbor- hoods; c. ensure land use compatibility and protect residential uses from adverse impacts; and d. ensure the provision of adequate light, air, privacy and open space to serve residents. MU, Mixed Use District. I . Purpose. The purposes of the MU Mixed Use district are to: a. accommodate a wide variety of land uses with minimum development standards;and b. provide development opportunities that will strengthen the City's economic base. 2. Permitted Uses. All land uses shall be permitted by-right in the MU district. 3. Property Development Standards. No zoning district-based property development standards apply within the MU district, except for single-family attached and detached dwelling units, which shall comply with the property development standards of the UN district. Development within the MU district shall comply with all other applicable Zoning Ordinance provisions. Use Table Districts Use Types CONDS NC UN MU Residential Uses Single-family, detached P P P Single-family, attached P P P Duplex P P P Mobile home - P p Multi-family - p p Public, Quasi-Public and Civic Uses Church or place of worship I P/C P/C P mi.t College or university P/C P/C P IIIF.2 Day care center, limited P/C P/C P/C IIIF.3 Day care center, general - P/C P/C MF.3 Hospital - - P Library - p Nursing home _ p/C p M.F.6 Parks and recreation P/C P/C P/C M.F.7 Safety services P P P School P/C P/C P/C DI.F.8 Utilities, limited p p p Retail, Service and Office Uses Home occupation P/C P/C IIIF.S Office - P/C p 111F.9 Retail - p/C P UF.9 Other Uses Eating and drinking place - - p Heavy industry - - P/C 111F.4 Uses not otherwise classified - - P P = Permitted By-Right P/C = Permitted by Right, With Conditions as Noted