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1995 07 10 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 10, 1995 The City Council of the City of Baytown, Texas, met in special session on July 10, 1995, at 5:00 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance: Eva Benavides Council Member David Byford Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Rolland J. Pruett Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk Absent: Stephen DonCarlos Council Member The meeting was opened with a quorum present, and the following business was transacted: Receive Baytown Zoning Commission's Final Report Consisting of the Proposed Zoning Ordinance and Atlas Wayne Smith, Chairman of the Baytown Zoning Commission, gave the commission's final report to Council recommending some corrections, changes, and /or clarifications to the zoning ordinance and two modifications to the map atlas, a copy of which is attached hereto. (See Attachment "A. ") In response to inquiry from Council, Mr. Smith stated that Jim Duncan, Zoning Consultant, stated that the property at the corner of Cynda Brook and Baker Road should be zoned MU instead of NC. Mr. Smith also noted that this property had been platted as a commercial reserve in the original platting. The Civic Association is opposed to reclassifying this parcel, but the original intent of the platting was that the property be a commercial reserve. 950710-2 Minutes of the Special Session - July 10, 1995 Regarding the property near the intersection of Kilgore Road and Bayou Avenue, the zoning consultant concurred that it should be zoned UN instead of NC. Mr. Smith noted that five persons spoke at the 10:00 a.m. public hearing and nine persons spoke at the 2:00 p.m. public hearing, all of whom spoke to the Cynda Brook at Baker Road parcel. Council Member Pruett moved to receive the report. Council Member Escontrias seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and Pruett Mayor Alfaro Nays: None Consider Proposed Ordinance No. 950710 -1, Establishing Time, Date, and Place for Public Hearing on the Zoning Regulations and Zoning District Boundaries Contained in the Proposed Zoning Ordinance and Atlas The proposed ordinance schedules a public hearing for July 27, 1995, at 6:35 p.m. in the Council Chamber of the Baytown City Hall on the zoning regulations and zoning district boundaries contained in the proposed zoning ordinance. Council Member Escontrias moved for adoption of the ordinance. Council Member Pruett seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and Pruett Mayor Alfaro Nays: None ORDINANCE NO. 7340 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR THE PUBLIC HEARING REGARDING THE ZONING REGULATIONS AND ZONING DISTRICT BOUNDARIES FOR THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 950710-3 Minutes of the Special Session - July 10, 1995 City Manager's Report •1111_ �" •• -1 IJ_.W3lXe -1. �._••- The City Manager called attention to a memorandum notifying Council of a work session at 5:15 p.m. on July 13, 1995, on 1995 -96 Community Development Block Grant Action Plan. Formerly, the application was known as the Final Statement of Objectives and Projected Use of Funds and had to be submitted by August 30 of each year. The new Consolidated Plan Process replaced the statement with a one -year community development grant action plan which must be submitted by August 15, 1995. Work Session with Pipeline Representatives On July 13, 1995, at 5:45 p.m., a work session is scheduled to hear from pipeline representatives. Council requested that Benjamin Hall be present for this work session. Work Session on Appointments On July 13, 1995, at 6:15 p.m., Council will discuss appointments including appointments to the Baytown Zoning Board of Adjustments and Appeals. Council was provided with an outline of possible criteria for appointing these board members. Mayor Alfaro suggested possibilities for appointment to the Baytown Zoning Board of Adjustments and Appeals could be the chairpersons of the Growth Management and Development Committee and the Long -Range Planning Committee. Trip on SAM HOUSTON Council was reminded of a scheduled trip down the Houston Ship Channel on July 20, 1995, aboard the SAM HOUSTON. 960710-4 Minutes of the Special Session - July 10, 1995 Adjourn As there was no further business to be transacted, the meeting was adjourned. &"') P, k' Eileen P. Hall, City Clerk minutes107- 10 -95. spc Attachment CITY OF BAYTOWN ZONING COMMISSION FINAL DEPORT PROPOSED ZONING ORDINANCE PRESENTED TO THE MAYOR AND CITY COUNCIL JULY 10, 1995 The Zoning Commission recommend the following corrections, changes and /or clarifications to the Zoning Ordinance and Atlas: TEXT 1. (Omission) Page 14 Section III. E Use Table - Hr,me Occupations shall be permitted with conditions 7n MU District. 2. (Clarification) Page 15 Section III.F (5)(a) Supplementary Use Standards - A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner. 3. (Addition) Page 16 Add Section III.F (5) (f) Persons other than a member of the immediate family occupying such a dwelling may be employed. 4. (Change) Page 26 Article V. (2) Administration and Procedures - Board of Adjustment. There is hereby created a Board of Adjustment for the purposes of this Zoning Ordinance consisting of five (5) regular members, each appointed by the City Council. The Board of Adjustment shall exercise the following powers and be required to... ATLAS 1. Map page 6358C - Request to zone the corner of Cynda Brooke and Baker Road as MU instead of NC. 2. Map page 6457B - Request to zone the property near the intersection of Kilgore Road and Bayou Avenue UN instead of NC. Article III: District Regulations SK. 1111 Ust%ble Use Table 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 I. P Public, Quasi - Public and Civic Uses Church or place of worship P/C P/C P MIA CoI!ege or university P/C P/C P ©E2 Day care center, limited P/C P/C P/C Day care center, general P/C 1 Pic, m.F.3 Hospital - - I'� P Library - P P Nursing home P/C P jParks and recreation P/C P/C P/C' m.FJ Safety services P P P School P/C P/C P/C a' F.6 Utilities. limited P F P Retail, Service and Office Uses Home occupation �r P)C Pic r M.F.5 Office - P/C ! F m.F.6 Retail P/C p m.F.9 Other Uses Eating and drinking place - - P . Heavy industry Uses not otherwise classified ow P = Permitted By -Right P/C = Permitted by Right, With Conditions as Noted onin OWri Referendum Dnit September 23, 1994 Article 111: District Regulations Sec. III.F Suppinnenusr Uu Stunduds F. Supplementary Use Standards. No permit shall be issued for cny development or use of land unless the activity is in compliance with all applicable supplementary use standards specified in this section. Unless otherwise indicated, the listed standards apioly in all zoning districts in which the subject use is permittHd. I . Church or Place of Worshi;.r. Churches and places of worship shall not be allowed in tl: a NC or UN zoning districts unless c trect vehicle access is provided from a collector or arterial sL eet or major thoroughfare or unlc •_ s the point of access to the off - street parking area serving ti.. use is located within 1,500 feet c.f a collector or arterial street or major thoroughfare, as meazured along the center -line of the street right -of -way leading to the church or place of worship. This standard shall not apply to churches or places of worship located in the MU district. 2. College of University. Direct vehicle access to college and university facilities shall be provided from a collector or arterial street or major thoroughfare. This standard shall not apply in the MU district. I Day Care, Limited and General. The following regulations shall apply to day care centers in all zoning districts. a. Day care centers shall comply with all applicable state regulations. b. There shall be no signs or other exterior visible evidence of the conduct of a day care when it is located in or adjacent to the NC district. C. All outdoor play areas shall be enclosed by a fence or wall with a minimum height of four feet. 4. Heavy Industry. No heavy industry use shall be allowed to locate within 100 feet of the right -of- way of a public street or within 500 feet of the lot line of a lot that is zoned NC or that contains a single - family, duplex or multifamily use, unless approved as a special exception in accordance with Sec. V.D. 5. Home Occupations. The following home occupation standards are intended to permit residents to engage in home occupations that are compatible with residential land uses and to ensure that home occupations do not adversely affect the integrity of residential areas. A home occupation shall be considered an accessory use, subject to the following standards: a. No persons shall be engaged in a home occupation other than persons occupying the subject dwe.Jing unit as their residence; b. There shall Y no signs or other exterior visible evidence of a home occup• don: c. There shall oe no visible storage of equipment. materials or vehicles that :zave more than two axles. d. The home occupation shall be conducted entirely within the principal residential building or within a per utted accessory structure: and OVM Referendum Draft: September 22, 1994 IS Article III: District Regulations Sec. 111.1 Supplemenury Use Sunduds e. No equipment shall be used that creates undue noise, vibration, electrical interference, smoke or particulate matter emission, excessive power demands or odors. Home occupa- tions shall comply with the operational performance standards of Sec. N.B.; 6. Nursing Home. Direct vehicle access to nursing, home facilities in the UN zoning district shall be provided from a collector or arterial strr. it or major thoroughfare. 7. Parks and Recreation. All lights, light poi�s and outdoor seating areas associated with park and recreation uses shall be set back at least 100 feet from lots that are zoned NC or that contain single- family, duplex or multi- family residential uses. 8. School. lighted outdoor recreational areas and facilities shall beset back at least 100 feet from lots that are zoned NC or that contain single- family, duplex or multi - family uses. 9. Retail, Service and Office Uses. In the UN district, all retail and office uses shall have direct access to a collector or arterial street or major thoroughfare unless the use contains no more than 1,000 square feet of gross floor area, in which case local street access shall be allowed. G. Accessory Uses and Structures. Principal uses classified as permitted uses by the district regulations of this article shall be deemed to include accessory uses and activities that are customarily associated with, and appropriate, incidental and subordinate to permitted principal uses. Accessory uses and activities shall be subject to the same regulations as principal uses unless otherwise stated. 1. Residential Accessory Uses. Residential accessory uses shall include, but not be limited to. the following accessory uses, activities and structures: a. Fences and walls; b. Garages. carports and off- street parking areas C. Gates and guard houses; d. Home occupations, subject to the standards of Sec. M.F.5. e. Playhouses: patios, cabanas, porches, gazebos and incidental household storage buildings: 1. Radiv and television receiving antennas and support structures; g. Recr, stional facilities for the use of residents: h. Keening of domestic animals for non - commercial purposes; i. Solar energy systems: and Other necessary and customary uses determined by the Director of Planning and Community Development to be appropriate, incidental and subordinate to the principal use on the lot. 0VM Referendum Draft: Septcmber 22,1994 16 ARTICLE V. , ADMINISTRATION AND PROCEDURES A. Decision - Making Bodies and Officials. The City decision- maldng bodies and officials described in this section, without limitation upon the authority Qach possesses by law, have responsibility for implementing and administering this Zoning Or&% mce in the manner described in this section. 1. Growth ! -Ianagement and Development Advisory Commission. Fr.: the purposes of this Zoning' )rdinance, the Growth Management and Development Advi - Dry Commission shall exercise the following powers and be required to: a. Review and recommend to the City Council changes in this Zoning Ordinance: and b. Perform such other functions and duties as authorized in the City Code and as may be duly delegated to them by the City Council. 2. Board of Adjustment. The Growth Management and Development Advisory Commission is hereby authorized to act as the Board of Adjustment for the purposes of this Zoning Ordinance. In that capacity, the Commission shall exercise the following powers and be required to: a. Hear and decide appeals where it is alleged that there is an error in any order or decision by City officials in the administration and enforcement of this Zoning Ordinance: b. Hear and decide appeals of any interpretation of the text of this Zoning Ordinance made by the Director of Planning and Community Development pursuant to Sec. II.D.: and c. Hear and decide requests for variances from the terms of this Zoning Ordinance pursuant to the procedures and standards of Sec. V.D. 3. Department of Planning and Community Development; Director. For the purposes of this Zoning Ordinance, the Department of Planning and Community Development, through its Director, shall exercise the following powers and be required to: a. Make recommendations and provide assistance to the City Council, Growth Management and Development Advisory Commission and Board of Adjustment; b. Render administrative decisions on appropriate development applications: and c. Render administrative interpretations of tine Zoning Ordinance text pursuant to the proce- dures and standards in Secs. H.C.S. and .T-.D. B. Notice of Public Hearings. Public notice of hearings shall be given as follows. 1. Publication. Whenever the provisions of this 'Zoning Ordinances require a public hearing before the Growth Management and Development Advisory Commission or the Board of Adjustment, notice of a public hearing on the application shall be published in a newspaper of general circulation in the City of Baytown at least 11 days before the public hearing. Whe- OWrl Referendum Draft: September 22, 1994 26 I E E NI I R A N D t; W. O LI I J 1 la I .j:JNJ i G: :v;ary Chambers, Director of Planning FROM- Jirn - ari.jarc Asst Dire.- - of Public Work= SUBJ. Zoning BOL,ndpry `ynmi�n{inr n' fY�c: rrc —cads - yoni ^c rvlan rear th° int°rsection of 1.IigD, -e F,,oc,v and BayClu Avenue reveals that the originators of the • -- marcation bet`s -een :'r ! ar! -. N"'- znn�, % ci:tr'I'�I�'te:.� ±c ;r �i! !:} �' ?,r, w v v �., f ! 1 .w \., r l 1 el,�:aling �I l lv�. :✓.�i..w.l 1•� . i. .. _ U I ` zone. , ne zn.. bol oel now e,.,----, was established along the property line just of the si b)F -c-- of ok'Il .9 thus locating it v.,,;thin t' ;e NC zone. The relocation of the Ncrtior: c the UN -NC bounda;v shoe -.— on the attache:! drawn'..; ,cc:ite - ^e r`flCe building Vlitlliill iilc 'iii zone. as V ✓p' appareni.ly int rided hti the original delineation. i� 1 i i goo 4 .o I i 13Aifa U A \/t • �j aa 1 .00 o w t0 StREEt � ivh $ I M1 El N A r. Al 1 e f .aie b u 5 Z Omf J lVW Y N f1 $ C ^' -'oio M1 M q M1 yff A h G 1 O N L G= W3e iT2° y „ q' i N +_b9S 0 j44II` u 4! A e ..° �11 a�o ry M1 a e h All, .66 ROAD eir m b}io ° Y.ILGD R�.� r June 11, 1995 Mr. Jim Duncan James Duncan & Associ.ates 13276 Research Blvd. Suite 208 Austin, Texas 78750 Re. Baytown Zoning Ordinances Dear Jim: Some weeks ago, you and I discussed the proposed property zoning at Cynda Brooke & Baker Road. The property is designated as N.C. on your preliminary map and you agreed that it should be redesignated as M.U. The zoning Commission has now been formed and will be holding a public hearing on July 10, 1995 to permanently establish the zones. I am asking you to please write a letter to the City of Baytown, informing them of your opinion and recommending the establishment of an M.U. zone at this intersection. Thank you for your help. If you have any questions, please call me at (713)- 424 -8283. Yours truly, mmett�Hutto EOH /cbh CC. Bobby Rountree Wayne Smith ar,� assoca:es �ames�iuncan June 15, 1995 Ms. Mary Chambers Planning Director City of Baytown P.O. Box 424 Baytown, Texas 77522.0424 RE: Baytown Zoning Ordinance Dear Ms. Chambers: 13276 research bou :evard ■ suite 208 ■ ausdn tx 78750 ......... .p, one 5 1 2 258 7347 ■ fax 512 258 9994 I = writing ir_ regard to property owned by Emmett Hutto at the intersection of Cvnda Brooke and Baker Road. Mr. Hutto and I previously discussed the proposed zoning classification fcr that tract. Although he and I agreed that M.U., mixed use, represents an appropriate classification for the subject parcel, it was inadvertently classified as N.C. on the draft zoning map. I, therefore, recommend that the :nap be changed before adoption_ If you have any questions, please feel free to contact me. Sincerely, James B. Durcan, AICP Principal SS sVr r/rr �paa ♦ V � cam^ t �♦ y `'46 ♦ e` C ♦ 1 4 �r y '4 /y O �/ 4 ) 4 • p V. � Ie 48♦ e 1 4 �•. 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