2021 02 11 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
February 11, 2021
The City Council of the City of Baytown, Texas met in a Regular Work Session on February 11,
2021, at 5:35 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Laura Alvarado
Council Member
Jacob Powell
Council Member
Charles Johnson
Council Member
Mike Lester
Council Member
Chris Presley
Council Member
Heather Betancourth
Mayor Pro Tern
Brandon Capetillo Mayor
Rick Davis City Manager
Karen Horner City Attorney
Leticia Brysch City Clerk
Mike Holden Interim Sergeant at Arms
Mayor Capetillo convened the February 11, 2021, City Council Regular Work Session with a
quorum present at 5:35 P.M., all members were present.
1. DISCUSSIONS
a. Discuss a proposed senior living development on Blue Heron Parkway.
Discuss a proposed senior living development on Blue Heron Parkway.
Director of Planning and Development Services Martin Scribner presented the agenda item and
introduced Mr. Gerald Teal to present information for a proposal for a thirteen -acre parcel on the
north side of Blue Heron next to the school.
Mr. Teal stated that he currently lives in Houston, but actually grew up in Highlands, Texas and
went to high school at Robert E. Lee. He stated that he developed apartments over the last twenty
years with Stonebrook being one of such developments. He stated that he recently developed a
senior project in Mont Belvieu called The Retreat at Barbers Hill, which is an age -restricted
property; whereas, one person must be 62 years or older in order to move in. He stated that this
was a Housing Urban Development "HUD" loan called a 221d4, which is a market rate
transaction, similar to the HUD guarantee loan on a house.
Mr. Teal stated that the development would be a single -level active senior luxury living facility
named the Blue Heron Cottages that has one or two -bedroom cottages with 10-foot ceilings and
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February 11, 2021
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attached garages. He noted that there was about 13 acres on the north side of Blue Heron and 23
acres on the southerly side, in which the City of Baytown actually purchased from him about
seventeen acres of such for a detention pond in the park. He stated that there's a walkway around
that 23 acres which provides for a really nice amenity to all the property leasers of the proposed
project.
Mr. Teal stated that the development would include a water feature of the detention pond, a
Cabana area, a swimming pool in the middle, maintain a 50-foot tree screen to the property as
both the 13 and 23 acres are heavily wooded. He stated that the cottages would be 4 to 6 units in
each building with about 10 units to an acre. He noted that Mr. Mark McCasey would be the
architect who developed this salve concept unit called El Dorado which is located in Clearlake.
Mr. Teal provided council with a hard copy of the presentation.
Mayor Capetillo stated that usually the required age was 55 and up. In response to Mayor
Capetillo' statement, Mr. Teal stated that HUD requirement for financing was 62 and up.
Mr. Scribner noted to council that Mr. Teal was because he would need to rezone in order to do
this development.
Council Member Betancourth inquired of the current zoning of property of the proposed
development and if such proposal was for the land next to the school. Mr. Scribner stated that the
proposed property was currently zoned open space recreation (OR) and Mr. Teal responded that
the proposed project was for the land next to the school.
Council Member Betancourth further inquired if Mr. Teal had plans for the property across the
street that he owned. Mr. Teal stated that he did not have any plans at that time, but if phase one
went well, he would like to do another phase.
Council Member Betancourth expressed her likeness for the project.
Mr. Teal made mention that the project would be a four and six-plex development that may look
like a single-family development.
Council Member Alvarado inquired there would be both attached and detached units available
and what the mix would be. Mr. Teal stated that the mix would be a fourplex or a six-plex. He
further stated that the cottages would be a lease option of plus or minus $2,500 a month.
Additionally, he referred to a unit on the presentation with a lease for $2,495 including all
utilities except electricity, in which he negotiated an electric contract for four -point two cents a
kilowatt.
Council Member Lester inquired if the center units on the six-plex were two -bedroom and if the
fourplex units were all one bedroom or a combination of one and two bedrooms. Mr. Teal noted
that there would be a unit mix of probably 55% one -bedroom and 45% two -bedroom and mix at
the floorplan.
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February 11, 2021
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Council Member Presley inquired regarding the low density, if there could be a MF-1 zoning or
would M-2 be required. Mr. Scribner noted that according to his assistant directors there could
probably be a MF-1 zoning.
Mr. Teal stated that to his knowledge there was not anything in the Baytown area that had an
MF-1 zoning. Additionally, he noted that before doing development work, he did appraisal work
and market studies for multifamily and all types of real estate, and litigation work for Harris
County Tax Authority.
Mayor Capetillo stated that although the city does not a tree preservation type ordinance in any
way it is asked that a developer at least consider leaving some, if any, established oaks that
would not have to be cut down for the development. He further requested that Mr. Teal preserve
any hearty type trees or oaks. Mr. Teal stated that he would probably get a tree survey before
clearing and doing a site plan to accommodate the request.
During further discussion with regards to masonry requirements, Mayor Capetillo requested as
much masonry aesthetically pleasing for this development. Mr. Teal stated that he would have
plus or minus 30 to 50% masonry product whether it be brick or Austin stone that was used in
Barbers Hill.
Additionally, Mr. Teal stated that the timeframe of construction starting would be approximately
a year from the date of this meeting.
b. Discuss duplex housing regulations.
At 6:00 P.M., Mayor Capetillo stepped away from the meeting and Council Member Betancourth
presided over the meeting until Mayor Capetillo returned at 6:06 P.M.
At 6:09 P.M., Council Member Betancourth stepped away from the meeting and returned at 6:13
P.M.
Director of Planning and Development Services Martin Scribner presented the agenda item and
stated that there was an increase in interest in building duplexes in Baytown or even converting
single-family homes into duplexes. He stated that the language in the current ordinance was kind
of unclear on a few issues which left staff to interpret the regulations which was tricky at times.
He stated that staffs interpretation leans towards the stricter interpretation of the code, but were
not really sure that long term would match up with the overall goals of the city.
Mr. Scribner requested direction from council to clarify the code which will help with
consistency for future incoming staff members over time. He stated that staff would make the
recommended changes and then bring back for amendments at a later date.
The three areas needing clarity included the following: (1) density and minimum lot size in
residential zone, (2) Single building verses clusters, and (3) the location where duplexes are
allowed.
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Mr. Scribner stated that currently some of the residential zones are regulated by the density itself
and there's nothing listed in the code as this being a lot size, but staff know that if it is six per
acre then the minimum lot size ends up being 80, 84, 100 square feet. He stated for example that
there were a lot of duplexes allowed in SF2, which does allow a minimum density of six
dwelling units per acre and a maximum of nine per acre. He stated that the language here is just a
bit fuzzy because the code does not really specify whether duplexes are treated the same as a
single-family home or should we double that minimum size because you have got two units. He
stated that because the code is silent on this, staff interprets it and noted that there can be a huge
difference in the older areas of town where there's mainly small lots.
With regards to single building versus clusters, Mr. Scribner inquired if when the city says six
per acre does this mean that this city only allows them in groups of clusters of three duplexes,
which would fix dwelling units together, or do the city want to allow them as a single building
wherever they might be allowed in other parts of the city. He noted that there were request to
convert some single-family homes to duplexes which would depend on the lot size.
As it relates to the location of where duplexes are allowed, Mr. Scribner stated that in certain
areas of town the single duplex might be appropriate, in other parts of town it might be more
appropriate to do a cluster of duplexes and then in some parts of the city there might not be
appropriate for them at all.
Additionally, Mr. Scribner noted that currently duplexes are allowed in SF2, multifamily one and
two, urban neighborhood, and in the ACE District.
Council Member Alvarado inquired as to what areas of town would duplexes not be allow. Mr.
Scribner stated that the main concern was to ensure that they do not end up in an established
subdivision that might have a couple of open lots that are all single-family. He recommended
language that referenced the allowance of such with or under certain conditions as the code does
not specify.
Council Member Alvarado noted that there should be a clear picture of what that restricted area
would be so that there's no action of preferential acceptance or not on certain sides of town. Mr.
Scribner stated that the clarity was less about which part of town and more about the context of
where the duplex ends up. Council Member Betancourth stated that the zoning already addresses
such situation and if someone wanted to turn a single-family home in Country Club Oaks into a
duplex they would have to apply for rezoning and go through that process with P&Z, which is
sufficient. She further inquired with regards to changing areas traditionally single-family, if there
would be an issue if it is already zoned correctly for duplexes. Mr. Scribner further stated that
S172 is very large and duplexes are allowed in S172, but noted that the HOA rules in an
established residential neighborhood typically does not allow them.
Mr. Scribner stated that he had someone request to develop four duplexes with one on one larger
lot in which the lot was not quite big enough, so in such case context would make sense.
Council Member Alvarado inquired if first and second story structures be considered duplex and
if they could not spread out could they maybe go up. Mr. Scribner stated that duplexes would be
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February 11, 2021
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allowed anywhere else a regular duplex would be allowed, but noted that the code was silent on
something like that. He stated that duplexes side -by -side on a smaller lot could be allowed but
the code is silent that as well. Additionally, he stated that in the other communities where he
worked duplexes were just treated like any other single-family home, but he felt that because
there had been attention to duplexes in the code in the past there should be more discussion on
the topic.
Council Member Presley stated, with regards to the district he serves, that there were a couple of
new duplexes developed in the last couple of years that was good and further encouraged new
construction and new duplexes anywhere allowed, particularly in his district. He noted that some
of the vacant lots in the older areas of town are more likely to be purchased if the option to build
a duplex allowed, which generates income. He also noted that he would not want to see someone
split up a two -bedroom, one -bath home with a single driveway into a duplex in an existing
subdivision. In response to Council Member Presley's statement in regards to splitting up a two -
bedroom home, Mr. Scribner mentioned that many of the conversions that happen in such cases,
people don't ask the city's permission. Additionally, Mr. Scribner stated that within the last week
and a half, he received two requests to convert a single-family into a duplex and both cases were
denied, but noted that if a requestor met the minimum acreage requirement, he do not think he
deny.
Council Member Presley stated that if there's was an inquiry about a pennit, whereas, all codes
were met along with the acreage, that would be different, but he further noted the he did not want
the city to loosen up any regulations currently on the books to make the existing duplexes more
workable.
Mayor Capetillo noted that there should be more discussion separate from this item about green
space, particularly, in Districts 1 and 2, along with, mobile and manufactured homes.
Council Member Lester inquired for clarity, with regards to the standard of six units per acre, if
someone could have an acre and put five duplexes on a certain spot and have one on another spot
to total the six per acre requirement. Mr. Scribner stated as it relates to Council Member Lester's
inquiry that it would have to be averaged out. Council Member Lester further inquired if it was
built into the code that it had to be average. In response to Council Member Lester's inquiry
regarding the code, Mr. Scribner responded yes and explained that basically, it is a net density,
and if there was only an acre he could allow to have six units on that acre.
Council Member Lester further inquired that if on one acre there could be five duplexes on half
an acre and one on the other half -acre. Mr. Scribner responded to Council Member Lester's
inquiry that his example could be allowed. Council Member Lester stated that such allowance
was an issue because the issue of density is to have enough space for each unit
Additionally, Council Member Lester inquired if a duplex was to be considered one unit or two
units. Mr. Scribner stated that a duplex is defined as two dwelling units.
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Lastly, Mr. Scribner stated that part of the issue was that there are different views on interpreting
the code and because of such he wanted to make sure there was consistency so that he could tell
everybody the same thing.
C. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda
for February 11, 2021, which is attached below.
No other comments were discussed.
2. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the February 11,
2021, City Council Regular Work Session at 6:17 P.M.
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Leticia Brysch, City Clerk s •a
City of Baytown to o
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