Ordinance No. 14,564ORDINANCE NO. 14,564
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, VOIDING THE DETAIL PLAN AND THE ASSOCIATED
DEVIATIONS FROM/ADJUSTMENTS TO THE DESIGN AND
COMPATIBILITY STANDARDS OF THE UNIFIED LAND DEVELOPMENT
CODE FOR THE PLANNED UNIT DEVELOPMENT DISTRICT LOCATED
AT THE SOUTHEAST CORNER OF THE BLUE HERON PARKWAY AND
NORTH MAIN STREET INTERSECTION, ADDRESSED AS 4300 NORTH
MAIN STREET, AND LEGALLY DESCRIBED AS TRACT 17, ABSTRACT
709, J W SINGLETON, BAYTOWN, HARRIS COUNTY, TEXAS;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN
TO REMOVE THE ABOVE -REFERENCED PLANNED UNIT
DEVELOPMENT DISTRICT THEREFROM; 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.
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WHEREAS, in 2019, Main Blue Heron Properties, LLC, the owner of the property herein
described, submitted a detailed plan and an application to the official zoning map in accordance
with Section 2.08 of the Unified Land Development Code (the "ULDC") concerning
approximately 13.47 acres of land located at the southeast corner of the Blue Heron Parkway and
North Main Street intersection, addressed as 4300 North Main Street, and legally described as
Tract 17, Abstract 709, J W Singleton, Baytown, Harris County, Texas (the "Property") to
change the zoning district to a Planned Unit Development ("PUD") District to allow more
intense uses on the Property; and
WHEREAS, the Planning and Zoning Commission (i) conducted public hearings
concerning the proposed PUD; (ii) determined that the detail plan and proposed PUD satisfied
the criteria specified in section 1.26(c), except for section 1.26(c)(5); and (iii) recommended the
approval of the PUD to the City Council; and
WHEREAS, on October 22, 2019, the City Council (i) conducted a public hearing on the
PUD; (ii) approved the detailed plan of the PUD; and (iii) amended the official zoning map to
create a PUD District; and
WHEREAS, the owner of the Property (i) no longer desires to develop the Property in
accordance with the PUD; (ii) has requested that the detail plan and associated deviations
from/adjustments to the design and compatibility standards of the ULDC for the PUD be voided;
and (iii) has requested that the official zoning map of the City of Baytown be amended to remove
the PUD therefrom; and
WHEREAS, on October 20, 2020, the Planning and Zoning Commission considered the
owner's request and recommended that Council void the detail plan and the associated deviations
from/adjustments to the design and compatibility standards of the ULDC and approve the
amendment to the official zoning map of the City of Baytown to remove the PUD; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby voids the
detail plan and the PUD, including all associated deviations from/adjustments to the design and
compatibility standards of the ULDC, for the Property.
Section 2: That the City Council of the City of Baytown, Texas, hereby amends the
official zoning map of the City of Baytown to remove the PUD from the Property so that the
underlying zoning district designations control for all purposes. The amended portion of the
official zoning map is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 3: 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 NO 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 4: 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 5: 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 6: 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 17t` day of November, 20
DON CAPETILLCF., Mayor
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KAREN L. HORNER, City Attorney
R:\Karen HomerTocuments'•Files City Council Ordinances\2020 November 17 VoidmgPUD.doc
Exhibit "A"