Ordinance No. 12,021ORDINANCE NO.12,021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN
CONCERNING APPROXIMATELY 935 ACRES GENERALLY LOCATED EAST
AND WEST OF TEXAS STATE HIGHWAY 99 AND NEEDLEPOINT ROAD (FM
2354)APPROXIMATELY 1,900 FEET SOUTH OF INTERSTATE 10 IN CHAMBERS
COUNTY,TEXAS,TO ESTABLISH AN OVERLAY DISTRICT;PRESCRIBING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00);
PROVIDING A REPEALING CLAUSE;CONTAINING A SAVINGS CLAUSE;AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS,Grand Parkway/Kilgore Parkway L.P.and Joseph Kilgore Heirs,the owners of
approximately 935 acres generally located east and west of Texas State Highway 99 and Needlepoint
Road (FM 2354)approximately 1,900 feet south of Interstate 10 in Chambers County,Texas,submitted
an application to amend the official zoning map to establish an overlay district pursuant to Chapter 130
"Zoning,"Article VIII "Overlay District Regulations"of the Code of Ordinances,Baytown,Texas (the
"Code");and
WHEREAS,the Director of Planning and Development Services (the "Director")reviewed such
application and determined that the application was complete;and
WHEREAS,the Director prepareda staff report and included therein a recommendation for
approval of the overlay district based upon the criteria specified in the Code;and
WHEREAS,on August 21,2012,the Planning and Zoning Commission,after the requisite
notice,conducted a public hearing concerning the proposed zoning map amendments to establish the
overlay district;and
WHEREAS,after considering the application,the staff report,the relevant support materials and
the public testimony given at the public hearing,the Planning and Zoning Commission prepared and
delivered a report and recommendation to the City Council to approve the proposed amendment to
establish the overlay district based upon the criteria in the Code;and
WHEREAS,the City Council,after the requisite notice,conducted a public hearing on the
proposed zoning map amendments;and
WHEREAS,at the close of the public hearing,after considering the applications,the staff reports,
the relevant support materials and public testimony given at the public hearing,the City Council of the
City of Baytown desires to amend the official zoning map to create the overlay district described herein;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1:The matters and findings contained in the preamble hereof are declared to be true
and correct and are hereby adopted.
Section 2:That the City Council of the City of Baytown,Texas,hereby establishes an
overlay district concerning approximately 935 acres generally located east and west of Texas State
Highway 99 and Needlepoint Road (FM 2354)approximately 1,900 feet south of Interstate 10 in
Chambers County,Texas,more particularly described in Exhibit "A,"which is attached hereto and
incorporatedherein for all intents and purposes (the "Property").Such overlay district must conform i
all aspects to the following:
a.Setbacks.
1.Perimeter Boundaries.For the Property,there will be a 100-foot building
setback from perimeter boundaries.This perimeter boundary setback is subject to
the following modifications and exceptions:
(a)Within the 100-foot perimeter boundary setback there will be permitted
surface-site improvements,including,butnot limited to,switching
stations,valves,and above-ground structures not exceeding those
commonly in use by the pipelineindustry to house equipment related to
subsurface pipelines that are:
(1)properly permitted by or registered with the City of Baytown on
September 23,2012;
(2)existing in areas up to 50 feet of the perimeter boundary;and
(3)shown in Exhibit 2.
("'Existing Pipelines")
Modifications to Existing Pipelines may be made pursuant to Chapter 34,
Article V of the Code of Ordinances,Baytown,Texas;however,an
Existing Pipeline adjusted,relocated,replaced or otherwise moved to a
position greater than 50 feet from its original position will no longer be
considered an Existing Pipeline,but shall be considered a new pipeline
and not subject to this section and therefore shall be required to follow
all setbacks and buffers.Notwithstanding the foregoing,an Existing
Pipeline adjusted,relocated,replaced or otherwise moved to a position
greater than 50 feet from its original,position at the request of the city or
another governmental entity will retain its Existing Pipeline designation
for purposes of the Overlay District and the requirements herein.
(b)In the northeast corner of the Property,the owner has dedicated two
parcels totaling 19 acres to Legends Bay Homeowners Association for
use as open space.The off-site donations east of Hackberry Gully
substitute for any perimeter-boundary setback in this area as shown on
Exhibit 1.No structures will be permittedwithin the two parcels totaling
19 acres nor will any such structures be permitted within Hackberry
Gully.
(c)In the southwest corner of the Property,there is a site of approximately
11.13 acres entirely within the Chambers County School Land Survey
which is identified on Exhibit 1 as Pipeline Landscape Exclusion Area.
A metes andbounds description of this area is attached to and made a
part of Exhibit 1.In that area no landscape or vegetative buffer beyond
native grasses as they may exist from time to time will be required.
2.Kilgore Parkway and Old Needlepoint Road.There will be a75-foot building
setback along both Kilgore Parkway and Old Needlepoint Road.Within that 75-
foot setback there will be a vegetative buffer of50 feet,which vegetativebuffer
mustmeet the requirements set forth in subsection b below.
3.Local Street Setbacks.There will be a 25-foot building setback from the right-of-
way line of each local street within or adjacent to theProperty.
4.Internal Boundary Line Setbacks.There will be a 10-foot building setback from
all internal property lines for all building sites within the Property.
5.Rear Boundary Line Setbacks.Unless there is a larger building setback otherwise
set forth herein (e.g.,perimeter boundary setback),there will be a 15-foot
building setback from the rear property line of individual building sites within the
Property.
b.Vegetative Buffers.
1.Kilgore Parkway and Old Needlepoint Road.There will be a 50-foot vegetative
buffer along Kilgore Parkway and Old Needlepoint Road.This vegetativebuffer
will include two individual planting areas,offset to ensure a consistent screen.
The plantings required to be implemented and maintained for this buffer are
illustrated on Exhibit 1.
2.Internal Local Streets.There will be a six-foot vegetative buffer along any
interior local street within the Property.The buffer area will commence
immediately adjacent to the boundary of the local street.The plantings required
to be implemented and maintained for this buffer are illustrated on Exhibit 1.
3.Perimeter Boundaries.Except for the perimeter boundary of the property
addressed (concerning required building setbacks)in subsection a.l(a)above,the
vegetative buffer within the 100-foot perimeter boundary setbacks will consist of
such plantings as are required by the Code.
4.SH 99.The buildingsetbacks and vegetative buffer for property lines adjacent to
SH 99 are more stringent than those contained herein and shall be consistent with
the declarations to which the City has heretofore agreed and are incorporated in
legally binding and recorded restrictions that have been imposed on the Property.
5.Detention/Storm Water Management Areas.No vegetative buffer requirement
will apply to or require vegetative buffer plantings on any part of the lands within
the Property that are or become dedicated to and utilized as detention/storm water
management areas.
c.General Landscape and Streetscape Requirements
The overlay district shall have unified landscaping and vegetative buffer requirements as
shown on Exhibit 1.The specific landscape requirements inside the vegetative buffer
areas are designed to ensure a unified development standard for the Property,including
improvements along each proposed roadway.
Section 3:Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and,upon conviction,shall bepunished by a fine not exceeding TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00).Each act of violation and each day upon which any
such violation shall occur shall constitutea 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 orpermits.
Section 4:All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed;provided,however,that such repeal shall beonly to the extent ofsuch
inconsistency and inall other respects this ordinance sliall be cumulative of other ordinances regulating
andgoverning the subject matter covered by this ordinance.
Sections: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,shallfor 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 6:This ordinance sliall take effect from and after ten (10)days from its passage by
the City Council.The City Clerk is hereby directed to give notice hereofby 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 9
Baytown,this the 13th day of September.2012.
City Councilof the City of
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NACIO RAMIREZ,SR.,Cityivjtomey
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Exhibit "A"
Grand Parkway/Kilgore Parkway Tracts -934.923 Acres
Beginning at the point of intersection of the west right-of-way line of F.M.3180 with the
southeast corner of a called 3.000 acres to Hackberry Creek Storage,LTD Assumption
Deed as recorded in Volume 1005,Page 734 of the Chambers County Deed Records,
Chambers County,Texas,
Thence,N 89°31 '04"W,a distance of 577.87 feet,to a point for corner,
Thence,N 01°33'17"W,a distance of 25.84 feet,to a point for corner,
Thence,N 87°43'36"W,a distance of 497.18 feet,to a point for corner,
Thence,N 04°36'32"W,a distance of 11.39 feet,to a point for corner,
Thence,S 87°27'23"W,a distance of 673.99 feet,to a point for corner,
Thence,N 15°38'45"W,a distance of 425.19 feet,to a point in the east line of a called
10.10 acre tract to Darrell Bean by General Warranty Deed as recorded in Volume
(06)856,Page 636,of the Chambers County Official Public Records,Chambers County,
Texas,
Thence,N 07°49'09"W,a distance of 371.48 feet,to a point for thenortheast corner of
said 10.10 acre tract,
Thence,S 87°27'38"W,a distance of 509.36 feet,to a point for the northwest corner of
said 10.10 acre tract,said point also being in the east line of a called 254.14 acre tract to
Grand Parkway/Kilgore Parkway LP by Special Warranty Deed with vendors lien as
recorded in Volume (08)1067,Page264 of the Chambers County Official Public
Records,Chambers County,Texas,
Thence,S 02°3 V16"E,a distance of 2747.10 feet,to a point for the southeast corner of
said 254.14 acre tract,said point also being in the north line of a called 36.64 acre tract to
Eric and Barbara Wallace by General Warranty Deed as recorded in Volume (03)665,
Page 451,of the Chambers County Official Public Records,Chambers County,Texas,
Thence,S 87°39'30"W,a distance of 3790.48 feet,to a point for the southwest corner of
said 254.14 acre tract,said point also being in the east right-of-way of Texas State
Highway 99/Grand Parkway (width varies),
Thence,S 87°39'30"W,across Texas State Highway 99/Grand Parkway to a point of
intersection with the west right-of-way of Texas State Highway 99/Grand Parkway,said
point also being the southeast corner of a called 129.96 acre tract to Grand
Parkway/Kilgore Parkway LP by Special Warranty Deed with vendors lien as recorded in
Volume (08)1067,Page 264 of the Chambers County Official Public Records,Chambers
County,Texas,
Thence,S 87°39'30"W,a distance of 1005.32 feet,along the south line of said 129.96
acre tractto a point for the southwest corner of said 129.96 acre tract,said point also
being in the east right-of-way of F.M.2354
Thence,S 87°39'30"W,across F.M.2354 to a point of intersection with the west right-
of-way of F.M.2354 and the east line of a called 11.89 acre tract to Coastal Industrial
Water Authority as recorded in Volume 313,Page 663 of the Chambers County deed
records,Chambers county,Texas,
Thence,in a southwesterly direction across said 11.89 acre tract to the intersection of the
west line of said 11.89 acre tract and the southeast corner of a called 285.48 acre tract to
Grand Parkway/Kilgore Parkway LP by Special Warranty Deed with vendors lien as
recorded in Volume (08)1067,Page 264 of the Chambers County Official Public
Records,Chambers County,Texas,
Thence,S87°37'03"W,a distance of 3049.05 feet,to a point for the southwest corner of
said 285.48 acre tract,said point also being in the east line of acalled 24.3 acre tract to
John Donelley as recorded in Volume 5,Page 544 of the Chambers County Deed
Records,Chambers County,Texas,
Thence,N 01°43'33"W,a distance of 1108.94 feet,to a point for corner,said point also
being the northeast corner of a called 24.3 acre tract to William O.Wallace as recorded in
Volume 292,Page 539,of the Chambers County Deed Records,Chambers County,
Texas,and the southwest corner of a called 40.53 acre tract to Angel Brothers
Enterprises,Inc.by Warranty Deed as recorded in Volume (01)492 Page326 of the
Chambers County Official Public Records,Chambers County,Texas,
Thence,N 80°14'58"E,a distance of 421.47 feet,to a point for corner,said point also
being the southeast corner of said 40.53 acres,
Thence,N 02°39'44"W,a distance of2708.36 feet,to a point for the northwest corner of
said 285.48 acres,said point also being the northeast corner of said 40.43 acre tract and
the southwest corner of a called 59 acre tractto West Chambers Development
Corporation by General Warranty Deed as recorded in Volume (02)567,Page 734,of the
Chambers County Official Public Records,Chambers County,Texas,
Thence N 87°04'06"E,a distance of 1773.49 feet,to a point,said point also being the
southeast corner of said 59 acre tract and the southwest corner of a called 20.72 acre tract
to Rickey D.Fontenot by General Warranty Deed as recorded in Volume (04)685 Page
596,of the Chambers County Official Public Records,Chambers County,Texas,
Thence,N 87°15'45"E,a distance of 1579.36 feet,to a point of intersection with the
west line of the aforementioned called 11.89 acre tract to Coastal Industrial Water
Authority as recorded in Volume 313,Page 663 of the Chambers County deed records,
Chambers county,Texas,said point also being the northeast corner of said 285.48 acre
tract,
Thence,N 87°15 '45"E,across said 11.89 acre tract to the point of intersection with the
west right-of-way of F.M.2354,
Thence,in a northeasterly direction,across F.M.2354 to the intersection of the east right-
of-way of F.M.2354 and the northwest corner of the aforementioned 129.96 acre tract to
Grand Parkway/Kilgore Parkway LP by Special Warranty Deed with vendors lien as
recorded in Volume (08)1067,Page 264 of the Chambers County Official Public
Records,Chambers County,Texas,
Thence,N 89°12'24"E,a distance of 1407.80 feet,along the north line of said 129.96
acre tract to a point,
Thence,N 87°34'17"E,a distance of 944.50 feet,to the intersection of thenortheast
corner of said 129.96 acre tract and the west right-of-way of Texas State Highway
99/Grand Parkway (width varies),
Thence,in a northeasterly direction across Texas State Highway 99/Grand Parkway
(width varies)to the intersection of the east right-of-way of Texas State Highway
99/Grand Parkway and the western most southwest corner of a called 210.72 acre tract to
Grand Parkway/Kilgore Parkway LP by Special Warranty Deed as recorded in Volume
(08)1074,Page 223,of the Chambers County Official Public Records,Chambers County,
Texas,
Thence,a distance of 3054.89 feet along the arc of a curve to the left,having aradius of
3064.79 feet,a central angle of 57°06'39"and having a chord bearing and distance of
N 01°14'33"E,2929.99 feet,to a point,
Thence,N 27°18'47"W,a distance of 156.96 feet,to a point,
Thence,N 02°44'58"W,a distance of 193.07 feet,to a point for the northern most
northwest corner of the aforementioned 210.72 acre tract,
Thence,N 87°31'31"E,a distance of 1796.29 feet,to a point for corner,
Thence,S 03°07'50"E,a distance of 1709.93 feet,to a point for corner,
Thence,N 88°05'10"E,a distance of 1716.89 feet,to a point for corner,
Thence,S 0l°40'35"E,a distance of 1242.97 feet,to a point,
Thence,S 87°59'44"W,a distance of 3.91 feet,to a point,
Thence,S Ol°33'16"E,a distance of 868.67 feet,to a point for corner,
Thence,S 88°18'21"W,a distance of 398.02 feet,to a point for corner,
Thence,S 01°26'48"E,a distance of 192.80 feet,to a point for corner,
Thence,S 87°28'30"W,a distance of 819.13 feet,to a point for corner,
Thence,S 02°30'46"E,a distance of 160.39 feet,to a point for corner,
Thence,S 07°49'09"E,a distance of 360.01 feet,to a point for corner,
Thence,S 15°38'38"E,a distance of 338.95 feet,to a point for corner,
Thence,N 87°27'23"E,a distance of 693.04 feet,to a point for corner,
Thence,S 01°26'47"E,a distance of 19.26 feet,to a point for corner,
Thence,S 87°43'36"E,a distance of 396.00 feet,to a point for corner,
Thence,S 01°27'10"E,a distance of 26.16 feet,to a point for corner,
Thence,S 89°31'04"E,a distance of 598.07 feet,to a point for corner,said point also
being in the west right-of-way of F.M.3180,
Thence,S 07°09'09"W,a distance of 100.68 feet,along the west right-of-way of F.M.
3180 to the Point of Beginning,containing 934.923 acres (40,725,254.0852 square feet),
more or less.
Exhibit 1
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Exhibit 1
Pipeline Landscape Exclusion Area Chambers County School Land Survey
11.13 Acres Abstract No.321
STATE OF TEXAS §
COUNTY OF CHAMBERS §
A METES &BOUNDS description of a certain 11.13 acre tract of land situated In the Chambers
County School Land Survey,Abstract No.321 In Chambers County,Texas,being out of the
remainder of a called 727.871 acre tract of land conveyed to Kllgore Heirs by Deed recorded in
Volume 389,Page 458 of the Chambers County Deed Records;said 11.13 acre tract being
more particularly described as follows with all bearings being based on the Texas Coordinate
System,South Central Zone,NAD 83;
BEGINNING at a found 2-inch iron pipe at the southwest corner of a called 40.53 acre tract of
land conveyed to Angel Brothers Enterprises,Inc.by Warranty Deed recorded in Volume
(01)492,Page 326 of the Chambers County Official Public Records;said iron pipe also being
the northwest corner of the herein described tract;
THENCE,North 80*14'58n East,along the south line of said called 40.53 acre tract,421.47 feet
to a found 2-mch iron pipe at the south east comer of said called 40.53 acre tract;
THENCE,South 02°39'44"East,along the east lino of the Chambers County School Land
Survey,Abstract321,being common with the west One of the Jacob Townsend Survey,Abstract
25,1162.93 feet to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying"),said iron rod
also being In the north line of a called 444.77 acre tract of land conveyed to Carl Gay and Greg
Angel recorded in Volume (88)38 Page 529 of the Chambers County Official Public Records;
THENCE.South 87°37'03"West,along the north line of said called 444.77 acre tract,436.37.
feet to a found 5/8-inch ironrod,in the east line of a called 24.3 acre tract of land conveyed to
John Donelley Tract 6 recorded in Volume 5 Page 544 of the Chambers County Deed Records;
THENCE,North 01*4939*West,along the west line of the Chambers County School Land
Survey,Abstract 321,being common with the east One of the B.B.B.S C.R.R.Company Survey,
Abstract 61,passing the northeast comer of said caBed 24.3acre Donelley tract also being the
southeast comer of a called 24.3 acre tract of land conveyed to William O.Wallace,Tract 5
recorded in Volume 292 Page 539 of the Chambers County Deed Records at 165.78 feet,
passing the north east comer of said called 24.3 acre Wallace tract,also being the southeast
comer of a called 24.5acre tract of land conveyed to William O.Wallace,Tract 4,recorded in
Volume 292 Page 539 of the Chambers County Deed Records at 313.73 feet,passing the
northeast corner of said called 24.6acre Wallace tract,also beingthesoutheast comer of a
called 24.3 acre tract conveyed to William O.Wallace Tract 3 recorded In Volume 292 Page 539
of the Chambers County Deed Records at 313.73 feet,continuing in all a total distance of
1108.94 feet to the POINT OF BEGINNING,JttfH^I^NG 11.13 acres ofland in Chambers
County,Texas.
Cotton Surveying Company __^
6335 Gulfton,Suite 100 ^-—Acting By/Thrdugfh Steven A.JaresHouston,TX 77081-1169 (Registered Professional Land S(713)981-0275 ^^/No.5317
SJaresOJonescarter.com
P:\PROJECTS\05479 Bay Ten Buslnett PaiW022-00 Bay Ten Butane Pa*•General
ACRES METES AND BOUND&decx