Loading...
Ordinance No. 14,770 ORDINANCE NO. 14,770 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to the First Amendment to the Development Agreement with Chambers County Municipal Utility District No. 3. A copy of said amendment is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance 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 8t" day of July, 2021. BRANDON CAPETILLO,Mayor ATTEST: o�Egp,YT0 WN T r- =� d ANGELALAkCKSON, Interitii C _ APPROVED AS TO FORM: r � J KAREN L. HORNER, City Attorney RAKaren IIomer%Df)cumcros%Filcs\City CuunciROrdinanccsi2021Vuly R10cvcluperAgrccmcntwithChambcrsCuunlyiLlunicipalUtilityaislriclNu.3.duc Exhibit "A" FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement (this "First Amendment") is entered into to be effective as of , 2021, between the City of Baytown, Texas, a municipal corporation and home-rule city of the State of Texas (the "City"), and Chambers County Municipal Utility District No. 3, a body politic and corporate and a governmental agency of the State of Texas, created by the 86`h Texas Legislature and operating under and governed by the provisions of Chapter 8042, Texas Special District Local Laws Code and Chapters 49 and 54, Texas Water Code (the "District"). RECITALS The City and Americus Holdings, Ltd., a Texas limited partnership, entered into that certain Development Agreement, dated as of May 1, 2020 (the "Agreement"), which was subsequently assumed by the District pursuant to that certain Assumption of Development Agreement, dated June 11, 2020. The City and the District now desire to amend the Agreement to replace certain exhibits, as further described herein. AGREEMENT For and in consideration of the mutual covenants and terms contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the District agree as follows: 1. Unless otherwise specifically set forth in this First Amendment, all capitalized terms herein shall have the meanings set forth in the Agreement. 2. The first sentence of Section 3.01 of the Agreement is hereby deleted in its entirety and replaced with the following: The Developer desires to develop the Property in accordance with the Plan of Development which is attached hereto as Exhibit "C" and Exhibit "C", Addendum 1 and incorporated herein for all intents and purposes (the "Plan of Development") 3. Exhibits "C" and "D" of the Agreement are hereby deleted in their entirety and replaced with Exhibits "C" and "D" attached hereto. 4. Exhibit "C", Addendum 1 attached hereto is hereby added to the Agreement. 5. This First Amendment shall continue in force and effect for the same period as the Agreement. 6. Except as specifically amended in this First Amendment, the Agreement shall remain in full force and effect in accordance with its terms and conditions, which terms and conditions shall apply to this First Amendment. In the event of any conflict between this First Amendment and the Agreement, the terms and conditions of this First Amendment shall govern and control. 7. This First Amendment and the Agreement embody the entire agreement between the City and the District relative to the subject matter hereof and thereof. 8. This First Amendment may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURES COMMENCE ON FOLLOWING PAGE] -2- IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of this day of , 2021. DISTRICT (Signature) (Date) By: (Printed Name) (Title) Chambers County Municipal Utility District No. 3 ATTEST: (Signature) (Printed Name) (Title) APPROVED AS TO FORM: (Signature) (Printed Name) (Title) -3 - CITY RICHARD L. DAVIS (Date) City Manager City of Baytown, Texas ATTEST: ANGELA JACKSON,Interim City Clerk APPROVED AS TO FORM: KAREN L. HORNER, City Attorney 591678 EXHIBIT "C" PLAN OF DEVELOPMENT This Plan of Development is an important opportunity for the City of Baytown to participate in the strategic planning of a major planned unit development community within the City's extraterritorial jurisdiction ("ETJ"). This Plan of Development is intended to further the goals and objectives of the City's Comprehensive Plan at the northeastern gateway to Baytown. I. PROJECT DESCRIPTION The project is a proposed master-planned community of approximately 223.2868 acres (the "Property"), located in the far northeast quadrant of Baytown's ETJ. The community will consist of residential, civic, and commercial uses; including facilities such as parks, lakes and trails and significant open space. The Development Agreement will establish a comprehensive land use plan to guide development within the project. Figure 1 shows the location of the development. II. CURRENT LAND USE The Property is located in Chambers County, at the northeast quadrant of the City of Baytown's ETJ and is bounded by the Barbers Hill Company/Southern Canal Company Irrigation Canal on the south, Needlepoint Road on the west, Interstate Highway 10 on the north, and State Highway 99 along the east. The Property is currently vacant and unimproved, consisting of flat coastal plain and small trees. The surrounding vicinity is characterized by mostly vacant tracts of land, a few large lot residences to the southwest, and industrial development across State Highway 99 to the east. III. PROPOSED LAND USE The Property is outside of the City, and as such is not zoned, except as provided in the Development Agreement. The City's Comprehensive Plan indicates this portion of the planning area as high-density residential, commercial corridor, low-medium residential, and a large commercial node at I-10 and State Highway 99. The proposed Plan of Development, Figure 2 and Figure 2A, presents a mid-density development with a wide range of attractive housing in a well-defined neighborhood. The Plan of Development currently complies and must at all times hereafter comply with the intent of the City's Comprehensive Plan. Figure 3 illustrates the proposed amenities and beautification plan consisting of an integrated network of parks, trails and open spaces. IV. IMPROVEMENTS The following improvements will be built in phases during the development of the project. Any particular phase outlined herein may be changed if proposed by the Developer and approved in writing by the Director of Public Works and Engineering prior to the time of preliminary plat submittal: a. Water Line Improvements • Figure 4 illustrates the proposed water line improvements along State Highway 99 and Interstate Highway 10. The portion of the proposed water line located along the 21.5 acre commercial tract identified in Figure 2 will be constructed as development occurs within such portion of the Property and not as part of the first phase of residential development within other portions of the Property. b. Traffic Improvements • Figure 5 illustrates the major thoroughfare extension of Old Needlepoint Road as a 4-lane divided thoroughfare within the Property that connects to State Highway 99. The median will be landscaped to include trees, shrubbery and other plants in a manner consistent with and complementary to the overall landscaping for the Property. Trees are to be a minimum 6-inch caliper, spaced every 30 feet with an automatic irrigation system. Other improvements, such as signalized intersections, acceleration and deceleration lanes, striping, traffic calming measures, etc. will be implemented at the direction of an approved Traffic Impact Analysis (TIA). A TIA will be scoped in collaboration with and approved by all governing agencies, including TxDOT, the City of Baytown and Chambers County prior to any development taking place. All measures required by an approved TIA will be implemented with the development of the Property, as outlined in the TIA. Figure 5A illustrates the phases of development of the single-family residential portion of the Project. Phase 2 of Old Needlepoint Road will be completed when Phase 3 of the single-family residential portion of the Project is developed. C. Drainage and Detention Improvements • Figure 6 illustrates the proposed drainage and detention facilities. A Drainage Impact Analysis shall be prepared by the Developer and submitted to Chambers County and the City of Baytown for review and written approval. The Developer shall be required to comply with the approved Drainage Impact Analysis. d. Amenity, Park and Open Space Connectivity Improvements • Figure 7 illustrates the community trail improvements connecting the various amenity, park and open spaces within the Property. e. Residential Fencing Improvements • Figure 8 illustrates the 8 foot (8') height precast residential fencing improvements to be installed along the perimeter of all single-family residential lots bordering State Highway 99, Old Needlepoint Road, and any commercial or multi-family tracts. Figures 1 through 8 are attached hereto and incorporated herein for all intents and purposes. The Developer shall be required to develop the Property in accordance with Figures 1 through 8 as well as all provisions of this Exhibit C. It is expressly understood and agreed, however, that (1) the attached figures depict the minimum improvements which must be constructed, (ii) the standards stated herein constitute the minimum standards which must be satisfied, and (iii) the ultimate construction of the improvements shall, at a minimum, be in compliance with the requirements of the City of Baytown, unless expressly varied pursuant to the Development Agreement, and the requirements of Chambers County. If there is a conflict between the Figures 1 through 8 and the terms of the Code of Ordinances, the Code of Ordinances shall apply unless specifically varied pursuant to the Development Agreement. The Heights of Baytown Project Location Map + 222 Acres Baytown,Texas Prepared lor: Mentage F979 Homo �O .. .. . .. cxWa'.a;o o CHAneees rAae,Ar IA II Mi JONESICARTER Heights of Baytown Plan of Development of ±222 Acres Baytown,Texas �- '} - �.� Commercial � 35.4 Ac.-15.9% Prepared for: Multi Family 22.4 Ac.-10.1% j F9 91 Open Spacef 36.5 Ac.-16.5% Meritage Hatred ion Single Family 122.7 Ac.-55.2% j—JOI71C:5- .. — - om:m 20 A[e c sa" -565 Total Lots @ 55'xl20*Typ. 2P9 LOTS "e °9. Other 5.0 Ac.- 2.3% -'''� 'o Total .222.0 At. \rsra[ 9f4 B��a Indicates Community Identify Feature ® Indicates Community Walking Trail � CN Me Ey PP�"H4' T^� - Indicates Center/ Packet Park ee II 'll1.e' Flee A,r,Fzm'x Cr:,,,e.r,Ua ,e,nm ar'" Minim E,,— / 1-27A, 4 336 LOTS 17 MC C) - _....- .. .. ..:..„ _. ....,. - M The Heights of Baytown Flgnre 2A Overall Zoning Plan of +2-222 Acres Baytown,Texas Prepared for: -••-. —]sa wt ax a i,nomM,a 0m111 !. t GG 9q _ GC Gme,lt voal Merltage szoa r _ nz t as ,Mire Ni Homes' OOR RA[ 9 IIII \ J 0.9F2 SF2 aslk a: ceu,afar r:.xen,Ir •___ ___ - _- J e_1_Y_Bfe5P1_MNI / AIf2 I^) II!1 _ SF2 I.J i, on OR V �� J0 N ES CARTER ' "' Total Open Space/Recreation=N-36.5 Ac. Heights of Baytown Fpnrx'i ©©O Indicates Community Amenities Plan _ Walking Trail Walks(APP n%rail 0 Lf1 ±222 Acres o'^ lot IndicatesRec Center.Pocket Baytown,Texas B o °o Park.or Detention Landscape oom. 7.4 Ac.Total -154.,"Pa w Prepared 101: pyo .1i r.�.c L,pd ,,M tiknsfmEsupe vnennvn od� Mer` 99 Homes hw M I -0.mily ne2a E p mmn •P zn nc. o°p1 6 a om Tim ��ZZ'' ��• 1 Oo�p C�UMBCPSY?PV�?i t. 1 oe I.. Y '3" F Allildi ll n f�l�rn o.po .. JC7N ESIC ARTER 'Ai�F \\ FIGURE4 Pop d �� � line r .. Q �< ♦ l -'.I �— - VINCH-S I MAP INON�6MILEB LEGEtlll p I_ Point of y P com aD N et on Oc No a ,,ii ,CEMUD Naa 17� 11 \\ Z z.. '6'RSTFC.�F ..Pro a nee e d V Water Proposed be aw I n' 1 IT L�. Water htelcr "i e C e !•1 . o Ki to 1 o w 1 �� ..me val y�- cilY of BaYlown 1 p sed 1T Waterline / fisting 1 I \ 2"Waterline En sl ng qkVITj E Isling LLIG No.3 i6'Walerl ne Water Meter Location t To Be Relocated a WATER SUPPLY EXHIBIT •- - HEIGHTS OFBAYT➢WN •, �'� ._•. WATER PRESSURE OPTIONS cxa.e 1 EXTEND SECOND CITY OF BAYTOWN WATER LINE FROM FA156,1.ALGORE r PARN'NAY.ALIGNMENT R SIZETOBE �... i I LITY01COORDINATEDAN PUBLIC VEDBY ��•��_ CrtY OF BgYTOWN PUBLIC MORNS. ` Proposed City of 2 IF EXTENSION IS NOT POSSIBLE U n. WATER PRESSURE PLAIT PO BE eal + �ryll BaylownlCLONo. TESTAELEO WITHINTOMABTAlnMRY OF 5� T ( !1 JWater Meter CCMIR N09iSSURE FOR ULTIMATE REQUIRED PREDEVELOPMENT FOR ULTIMATE L DEVELOPMENT _ ti r Heights of Baytown Figore9 Chambers Parkway Exhibit ±222 Acres ' Baytown,Texas Prepared for: Mer!t9e a� 99 Fknnes — vy 0 I'IIAtiF II o�. �� JO N ES C A RT E Il ". MR. :cama-sue-:nn.- .,a,.r_„. a-srzem�ssenr>s�rs+.�'>x.::a¢Am^ ar��.^,prssl a 3 1 a v� s a Iv o r ........................... . _ Al asull -� eu i. / III a eyd e \� tl tlA5tl1ANBxIJ-.+ -� - ItH.)tlt!$tlIEWiNJ o d ) II e`Seyd e .r<esnJes ax' I aseyd II R' tl 0 s,aLaoH aBn;iaaW 66 aol paieaa)d _ I( sex9l'umojAe8 ,® sai:)v ZZZ+ .- -.. veld 6uise4d UMOI BO 10 s1461aH Heights of Baytown Figure Detention and Drainage Exhibit ±222 Acres ' Baytown,Texas t�. Prepared for: 99 Mentage ,.,., Homes- ------ 9� �9 9' x e a M l FurweM t Nand i Gme 1"d'e V v J vs. - weJONESICARTER 'atl L'Z 1• �! way olWlap MlnM3015II11lA 3Atl353tl 3dnJ5oxtll ltlJleai ua!'1'ej!IllW alnl.tl ' - ` IYM%tlY1 Sb3dMY] T - --� ,rx+xeasx,aorxa ; ; 4 ' \ tG -)l(!()l-I 9 atl adeaspuel uoiluala ,a'gld \ is„Jad aol paieda]d hell Bu!Mluld \ Apunwwoj saleaipul C::2� �i sexaJ.'UMOjAeB aV s'9C uapeMad/aaeds uado lelol m sai3v ZZZ+ ueld A1lAllaa000]Ileil „Ird uMOIABO 10 S14618H 8'MT PRECAST FENCE SYSTEM Heights of Baytown Fiq — °'�"" "`""" Fencing Plan ±222 Acres Baytown,Texas .a Prepared lar. Meritage 99 ti _. aa� _ rmcu Mxosun wnx vunvwm ro umnuux� C° l» Oa090 r . e 00 _ 0 �� JON ESCARTER Exhibit"C",Addendum 1 Plan of Development Addendum 1 identifies"design specifics"for landscape and hardscape within the community. The proposed development provides open space within the detention reserves, pocket park space, and 20- foot (minimum) wide reserves with trails ("connecting reserves") as shown in Figure 7. Landscape and hardscape will be installed in these areas per the design specifics. The landscape architect and assigned contractor will receive approval from City of Baytown of landscape and hardscape construction drawings and permit within the boundaries of the plat prior to acceptance of civil infrastructure. a1. Landscaping 1. The landscaping design will be in accordance to Figure 1A and Figure 2A of this addendum. Figure 1A—Planting Palette Trees identifies eight species of trees to be used within the development. Figure 2A—Planting Palette Shrubs identifies twelve species of shrubs to be used with in the development. 2. Landscape beds, minimum 100 square feet each, shall be spaced approximately every 250 linear feet of trail within the detention reserve and pocket park space.The landscape beds will include minimum two trees and four shrubs from the planting palettes. Other vegetation,such as seasonal flowers, may be planted in the landscape beds. 3. One shade or ornamental tree will be installed every 50 linear feet of trail within the connecting reserves. 4. Two rows of one shade and one ornamental tree will be installed at a maximum spacing of 60 linear feet, planted in an alternating pattern,to be used as screening from HWY 99 corridor. 5. One shade or ornamental tree will be installed at a maximum spacing of 50 linear feet between the single family and multi-family development as shown on Figure 8. 6. Shade trees shall be minimum 65 gallon specimen quality. 7. Credit may be provided for existing trees over 5 Caliper inches. 8. The Planning Director for City of Baytown may approve adjustments to the location of required trees and plantings at their discretion. a2. Hardscape 1. The hardscape design will be in accordance to Figure 3A of this addendum. Figure 3A— Site furniture and amenities identifies site furnishings to be used within the development. The development is not limited to the furnishings identified on Figure 3A. Site furniture that differs from Figure 3A will be submitted to City of Baytown for approval. 2. Trails within the development will be minimum 5'wide.The purpose of the trail is to connect the open spaces within the development for pedestrian use. 3. An 8'wide trail will be constructed on the northside of Old Needlepoint Road within the boundaries of the district. 4. Lighting will be provided along the trail within the detention reserve at a maximum spacing of one light per 150 linear feet. The type of lighting will be identified during design with the purpose of not polluting future residents. Low Profile ground lights will be provided along the trail in the pocket parks and connecting reserves at a maximum spacing of one light per 50 linear feet. 5. Dog Waste Stations and Trash Receptacles will be provided within the detention reserves and pocket parks at a maximum spacing of one receptacle per 600 linear feet. Locations will be identified during design and submitted to City of Baytown for approval. 6. Benches will be provided along the trail within the detention reserves and pocket parks at a maximum spacing of one bench per 600 linear feet. Locations will be identified during design and submitted to City of Baytown for Approval. Figure 1A—Planting Palette Trees S f S � h S. tn. ti t _ Figure 2A—Planting Palette Shrubs P' s$ 4- f Ti Al— New Gold Lantana Knockout Nose Iid""01 'thorn Adagio Gras_v ak 1,2 �`� i�� .. __ a .�.\ 4 ..d�.. .�.0 ✓ ' r mem Variegated Palx t lly Cv=i -<ninn;. :n P.'.hb hnolor hi, nes PLANTING PALETTE SHRUBS ILLUSTRATION 4 Figure 3A—Site furniture and amenities r E Y.' J� x . Seat Bench Pedstrian Lighting i Dog Waste Station ILLUSTRATIONTrash Receptarte Pedstrian Lighting SITE FURNITURE AND AMENITIES EXHIBIT "D" DENSITY, LAND USES AND DEVELOPMENT STANDARDS 1. Unified Land Development Code. The land uses within the Property shall be governed by the standards and requirements of the City's Unified Land Development Code ("ULDC"), as hereinafter amended and as revised herein, as if the Property was within the corporate limits of the City in the following zoning districts, as more particularly depicted and described in the Plan of Development: a. Non-Residential Zoning District (1) General Commercial ("GC") b. Residential Zoning Districts (1) Mixed Residential At Low To Medium Densities("SF-2"), (2) High Density Mixed Residential ("MF-2"), and (3) Open Space/Recreation ("OR"). 2. Definitions. The following capitalized terms and phrases used in this Agreement shall have the meanings set forth below and are in addition to those set forth in the ULDC: a. Car Wash. "Car wash" means and refers to a facility used to clean the exterior and, in some cases, the interior of vehicles, non-commercial. Car washes can be self-serve, fully automated, or full-service with attendants who wash the vehicle. A car wash does not include vehicle repair. b. Class A Medical. "Class A" Medical" means and refers to facilities that lead the medical facility market with newly constructed or renovated spaces that are outfitted with modern fixtures, and state of the art technologies, utilities and amenities. Class A Medical is generally characterized by a multi-story structure in a high-visibility location. Any development of medical facilities associated with the Heights of Baytown development will be modern, state of the art facilities such as Hospital (as such term is defined in the ULDC), Clinics (as such term is defined in the ULDC), or medical office buildings to provide in-patient and/or out-patient care as well as primary care and specialty services. Class A Medical will include amenities such as computerized data information systems and automated medical record storage, access to digital imaging, latest mechanical and HVAC systems, increased wiring for electricity, telephone, modems, computer networking, and video teleconferencing, as well as access to shared clinical procedures such as pharmacy, radiology, laboratory, ambulatory care and outpatient services. C. Class A Office. "Class A Office" means and refers to Offices (as such term is defined in the ULDC) that are more prestigious buildings competing for premier office users within a given market, with rents above average for the area. Class A Office buildings have high-quality standard finishes, state of the art system, exceptional accessibility and market presence. Class A Office buildings represent the newest and highest quality buildings in their market. d. Class A Retail. "Class A Retail" means and refers to the best-possible General (as defined in the ULDC) and Big Box (as defined in the ULDC) retail properties in a given market. They include high-end construction techniques, quality interior detailing, highly-sought-after design, and desirable property amenities. Class A Retail properties will generally be located in a good area with high foot traffic. These buildings generally have the best management and attract the best-quality tenants that can afford the high rates commanded by these properties. Development of retail associated with the Heights of Baytown development will be high-quality construction, Class A lifestyle center or mixed use commercial development that combines the traditional retail functions of a shopping mall with leisure amenities oriented towards upscale consumers and can include a mix of national specialty retailers as well as full-service dining options. e. Class A Multifamily Dwelling. "Class A Multifamily Dwelling" means and refers to the highest quality Multifamily Dwelling (as such term is defined in the ULDC) in its market and area. Class A Multifamily Dwellings are generally newer properties built within the last 10 years with top amenities, high-income earning tenants and low vacancy rates. Class A Multifamily Dwellings are well- located in the market and are typically professionally managed. Additionally, they typically demand the highest rent with little or no deferred maintenance issues. Any development of multifamily housing complex adjunct to the Heights of Baytown development will be a high-quality construction, garden style apartments and will include typical Class A amenities such as gated entrance and perimeter fence, well-manicured landscaping throughout the complex, resident lounge, fitness center, meeting or co-working space, media/technology room, resort style pool with sundeck and loungers, outdoor grill and cooking area. Interior amenities would include high ceilings, stone or other ultra-compact surface countertops, energy efficient appliances and utilities, modern lighting fixtures, hardwood style flooring, ample counter space and high speed internet. This development will command rents within the Class A Multifamily Dwelling range in the submarket. 3. Density. The Property shall be developed in accordance with the Plan of Development and the Unified Land Development Code as amended herein. The total number of single-family mixed residential housing units within the area designated as SF- 2 in the Plan of Development shall not exceed 600 units. The total number of medium density mixed residential units shall not exceed 500 units within no more than twenty- five (25)acres of the area designated as MF-2 (Class A only) in the Plan of Development. 4. Land Uses. a. Permitted Uses. The land uses allowed within the applicable non-residential and residential zoning districts as noted in the Plan of Development shall comply with the standards set forth in the ULDC unless specified differently below: i. Non-Residential Use Table- USES GC 1 REF Grocery Store PC A19 Class A Medical P Class A Office P Class A Retail PC A17 Car Wash P ii.Non-Residential Accessory Use Table: USES GC 1 REF Food Services Establishments P Car Wash P iii. Residential Use Table: USES SF-2 MF-2 OR COND REF 1 Single-Family, Detached P Class A Multifamily Dwelling PC B-11 Private Open Space P P P Private Recreation Space P P P Sports Courts P P P iv. Residential Accessory Use Table: USES SF-2 MF-2 OR CONDREF Private Open Space P P P Private Recreation Space P P P Sports Courts P P P b. Prohibited Uses. It is expressly understood and agreed that the following uses shall be prohibited for non-residential and residential uses and accessory uses: i. Non-Residential Prohibited Uses and Accessory Uses: 1. Agriculture; 14. Manufacturing (light); 2. Animal; 15. Outdoor sales and display; 3. Auto body shop; 16. Outdoor storage; 4. Boat and R-V storage; 17. Recreational vehicle park and 5. Cemeteries; manufactured home park; 6. Container; 18. Sandblasting; 7. Credit access business; 19. Second-hand goods; 8. Drilling, oil or gas operations; 20. Self-storage and storage 9. Funeral home; units; 10. Group housing, 21. Sexually oriented business; Boardinghouse, Dormitory, 22. Supply houses; Halfway house, Orphanage, 23. Travel center; Group home for substitute 24, Truck stop; care; 25. Warehouse and freight 11. Homeless shelter; movement; and 12. Junk and salvage yard; 26. Wholesale trade. 13. Kennel; ii. Residential Prohibited Uses and Accessory Uses: 1. Agriculture; 2. Manufactured home; and 3. Industrialized home; C. Land Use Conditions. This section sets forth the conditions associated with non- residential and residential land areas set forth in Section 3(a) above. All other land uses conditions shall comply with the ULDC. i. Non-Residential Categories: Cond. t Land Use Conditions No. District A19 Grocery Store GC Grocery stores shall be a minimum of 40,000 s uare feet in building size in GC. a. Class A Retail Big box buildings and appurtenances shall be located at least 20 feet from a residential property line. A17 Class A Retail GC b. Class A Retail Big Box loading docks and bay doors shall: > not face residential uses,and either: > be integrated into the building or Cond. Land Use Zoning 1 District Conditions oriented in such a way so as not to be visible from a public right-of= way, which may be accomplish through the use of a vegetative buffer, (as defined in the Unified Land Development Code)or other means approved by the City. ii. Residential Categories: ries: Cond. Zoning Land Use Conditions 1 District a. If a multifamily complex is constructed in phases, the planned amenities and community buildings must be constructed in an at least equal ratio along with the residential buildings. For example, a 200-unit apartment complex with two swimming Class A pools and two laundry B I I Multifamily MF-2 buildings that is constructed in Dwelling two 100-unit phases must construct at least one swimming pool and one laundry building with the first phase. b. Gazebos, workshops, green houses and other similar accessory uses are allowed in common space but may not be constructed on leased space or space designated for individual tenant use. 5. Single-Family Residential, Amenities and Park Standards. a. Property Development Standards. The minimum property development standards for the area designated as SF-2 in the Plan of Development shall be as follows: 1 District Minimum Lot Size (square feet 6,000 Minimum Front Building Setback 25' or 20'* Minimum Rear Setback 10, Minimum Interior Side Setback 5' Minimum Street Side Setback 15' Maximum Height in feet) 40' Percent Maximum Lot Coverage 60% Minimum Lot Frontage 55' *The minimum front building setback for front-loading garages is 25', except that any radial, cul- de-sac lot may allow 20' front building setback for front-loading garages. 15' setback is allowed for side loaded garage. (1) Landscape Requirements. Each single-family detached home shall have a minimum of(i) two front yard trees, each with a minimum caliper size of 3 inches and a minimum height of S feet, (ii) two 10-gallon shrubs, (iii) ten 5-gallon shrubs, and (iv) fifteen 1 gallon shrubs/plants. (2) Driveway Width. The Developer will provide wider driveway widths per the Chambers County Building and Driveway Setback Detail shown in Figure 2. The width shall be a minimum of 20-feet wide at the street and 30-feet wide at the right-of-way to allow for three cars to have the ability to a park within the driveway. (3) Lot Grading. Residential lots will be Type A Grading. b. Property and Building Design Standards. All residential buildings shall comply with the masonry, architectural and design standards of Sections 3.11 and 3.12 of the ULDC unless otherwise varied in this section 4. (1) Masonry. All single-family homes shall have a minimum of 3 sides 100% masonry for the first floor, exclusive of doors and windows. All sides of a single-family along a right-of-way must abide by this standard. (2) Spacing and Repetition of Plans and Materials. Floor plans and exterior elevations shall be complementary in architectural design and materials, and compatible with neighboring structures. Spacing and repetition of floor plans and exterior elevations must be separated by a minimum of: i. Same floor plan, same exterior elevation, same or opposite side of street— 5 lots separation; ii. Same floor plan, different exterior elevation, opposite side of the street—2 lots separation; and ii i. Same floor plan, different exterior elevation, same side of street — 3 lots separation. (3) Recessed Entries and Articulation. The Developer will comply with the current City of Baytown Code of Ordinances and Chambers County requirements. In addition to the architectural standards in Section 3.11 (b) of the ULDC, the articulation on the front facade, exclusive of the front entry, shall be at least 12 inches. 6. Multi-Family and Commercial Standards. Density, Land Use and Property Development Standards for the Zoning Districts GC and MF-2 shall comply with the ULDC, including, but not limited to, Design and Compatibility Standards—Article III, Property Development Standards, Division 1, and Design and Compatibility Standards—Article III,Non-Residential Zones—Division 3. 7. Amenities and Parks. a. The proposed pocket parks, open spaces, Recreation Center, trails and identity features are shown in Figure 3 and Figure 7. The Developer agrees to dedicate a minimum of 6.0 acres of reserves, parkland and open space as set forth in Exhibit 11F11 b. The Developer will provide one location for a Recreation Center, which will be built as part of the first phase of the residential development. The Recreation Center will serve the residential community and provide the following features: a. Pool; b. Playground Equipment; C. Restroom Facility; and d. Cover Area and Picnic Tables. C. Pocket Parks will be spaced through the community to provide residents will equal access to parks. d. Trails shown in Figure 3 and Figure 8 will consist of a minimum 5' wide sidewalk path. C. Amenities along trails — Benches and landscaping will be provided along the proposed trails as shown in Exhibit"C". f. Playground will be designed and constructed to be inclusive for all levels of ability and to meet ADA requirements. 8. Recreation Space. The Developer shall provide at least 100 square feet of restricted, landscaped and maintained outdoor recreation or open space for each single-family attached and detached unit within the residential subdivision(s). Recreation or open space must be deeded to the Residential Homeowner's Association for ownership and perpetual maintenance. The square footage of(i) the landscaping in the right-of-way and (ii) the restricted open space reserves of less than 1,500 square feet shall not be counted towards the minimum outdoor recreation or open space square footage requirement. Landscaped detention facilities may count towards this requirement, however, landscaped reserves adjacent to the right-of-way shall not. Fees. The Developer shall be required to pay to the City fees equal to 125% of those specified in Section 2-595 of the Code of Ordinances, Baytown, Texas in effect when due. 11. Infrastructure. a. Block length will comply with the City of Baytown Code of Ordinances. b. Local and residential street width will comply with the City of Baytown Code of Ordinances. C. Old Needlepoint Road will be phased into two phases as shown in Figure 5. Phase 2 of Old Needlepoint Road will be completed when Phase 3 of the single- family residential portion of the Project is developed as shown in Figure 5A. d. Signs and lighting will comply with the City of Baytown Code of Ordinances. C. Entry Monument shall be approved by the City of Baytown and be constructed during the first phase of development and placed inside of an casement dedicated by plat or conveyed by separate instrument, whichever conies first, to the homeowner's association to be created by the Developer. The homeowner's association shall own and maintain the Entry Monument. f. Franchise utilities will be underground with the exception of overhead power as deemed necessary by the power company. The Developer will work with the power company to place overhead power along the perimeter of the development and along major roads as opposed to within the center of the development. 9. Perimeter Landscaping, Screening, and Fencing. The perimeter of the Property will be landscaped and screened with trees, shrubbery and other plants in a manner consistent with and complementary to the overall landscaping for the Property. The perimeter fencing of the Property will comply with the City of Baytown Code of Ordinances. Prior to the development of a phase of the Plan of Development, the Developer will submit a landscaping plan for that development phase to the City for its written approval. The Developer will develop the Property in accordance with the approved landscaping plan. Such plan shall include the following items: a. Along State Highway 99 and Old Needlepoint Road frontage — 6 inch caliper trees planted no further than 30 feet apart with irrigation. Tree Species will be an approved species as set forth in Section 10 below. b. Landscaped areas will include automated irrigation systems and will be maintained by a Residential Homeowner's Association and Commercial Property Owner's Association. 10. Landscaping. The Developer will comply with the City of Baytown Code of Ordinances. The Developer will submit a tree preservation plan to the City for approval. The Developer will develop the Property in accordance with the approved tree preservation plan. Tree Species may only include the following, unless otherwise approved in advance in writing by the Director of Planning and Development Services: • American Elm (Magnolia virginiana) (Ulmus americans) • Foster Holly • Lacebark Elm (Ilex x attenuata'Fosteri') (Ulmus parvifolia) • Flowering Dogwood • Southern Magnolia (Cornus florida) (Magnolia grandiflora) • Nellie Stevens Holly • Live Oak (Ilex x) (Quercus virginiana) • American Holly (Ilex opaca) • Montezuma Cypress (Taxodium mucronatum) • Eastern Redcedar (Juniperus virginiana) • Common Crapemyrtle (Lagerstroemia indica) • Waxmyrtle (Myrica cerifera) • Yaupon (Ilex vomitoria) • Little Gem Magnolia (Magnolia grandiflora) • Sweetbay Magnolia