City of Baytown

CITY OF BAYTOWN

NOTICE OF MEETING

PLANNING AND ZONING COMMISSION TUESDAY, MARCH 20, 2012 5:30 P.M. BAYTOWN COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS 77520

AGENDA

CALL TO ORDER AND ANNOUNCEMENT OF QUORUM

1. MINUTES

a. Minutes - January 17, 2012 Consider Approving the Minutes of the Commission's Regular Meeting for January 17, 2012.

b. Minutes - February 21, 2012 Consider Approving the Minutes of the Commission's Regular Meeting for February 21, 2012.

2. CITIZEN COMMUNICATION

a. Receive citizen communication concerning the placement of two “No Parking” signs along Cinnamon Street in the Crockett Subdivision. Receive a citizen communication by Tammie Jones to remove two of the “No Parking” signs along the outside curve of Cinnamon Street and Curry Street that were approved by the City Council in accordance with Chapter 94 “Traffic and Vehicles,” Article II “Administration,” Division 2 “Enforcement,” Section 94-63 “Authority and duties of the Planning and Zoning Commission” of the Baytown Code of Ordinances.

3. BUSINESS ITEMS

a. Election of Chairperson and a Vice-Chairperson Discuss and consider the election of a Chairperson and a Vice-Chairperson of the Planning and Zoning Commission in accordance with Section 2-322 of the Baytown Code of Ordinances.

b. Reconsider placement of "No Parking" signs within Crockett Park Subdivision. Consider a motion to reconsider the placement of certain "No Parking" signs within

Consider a motion to reconsider the placement of certain "No Parking" signs within Crockett Park Subdivision.

c. Discuss and consider a request by Tammie Jones, a resident of the Crockett Park Subdivision, to remove the “No Parking” signs at the following locations: outside curve of Cinnamon Street and Curry Street - Planning and Development Services. Discuss and consider a request by Tammie Jones, a resident of the Crockett Park Subdivision to remove the “No Parking” signs at the following locations: outside curve of Cinnamon Street and Curry Street.

4. PLATS

a. Consider S.A.F.E. Chemical Preliminary Plat Discuss and consider S.A.F.E. Chemical Preliminary Plat, consisting of approximately 10 acres of land located east of State Highway 99 at the northeast corner of Kilgore Parkway and proposed Bay Ten Lane in Chambers County, Texas.

b. Consider Sam Houston Courts Preliminary Plat Discuss and consider the Sam Houston Courts Preliminary Plat, consisting of approximately 4.36 acres of land located at the southeast intersection of Lee Drive and W. Nazro Street in Harris County, Texas.

5. PLANS

a. Consider amending the Baytown 2025 Comprehensive Plan to update the Future Land Use Map concerning Property located in Chambers County Improvement District No. 3 - Planning and Development Services. Consider amending the Baytown 2025 Comprehensive Plan to update the Future Land Use Map concerning Property located in Chambers County Improvement District No. 3.

6. ZONING

a. Hold a public hearing regarding the rezoning of approximately 935 acres from Neighborhood Conservation (NC) District to Heavy Industrial (HI) and Light Industrial (LI) Districts. Hold a public hearing regarding the application of Robert Leiper, City Manager of the City of Baytown to rezone approximately 935 acres from Neighborhood Conservation (NC) District to Heavy Industrial (HI) and Light Industrial (LI) Districts, currently being considered for limited purpose annexation, located in the City’s extraterritorial jurisdiction generally 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.

b. Consider rezoning approximately 935 acres from Neighborhood Conservation (NC) District to Heavy Industrial (HI) and Light Industrial (LI) Districts Consider making a report to the City Council regarding the application of Robert Leiper,

Consider making a report to the City Council regarding the application of Robert Leiper, City Manager of the City of Baytown to rezone approximately 935 acres from Neighborhood Conservation (NC) District to Heavy Industrial (HI) and Light Industrial (LI) Districts, currently being considered for limited purpose annexation, located in the City’s extraterritorial jurisdiction generally 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.

c. Hold a public hearing regarding the rezoning of 200.48 acres from Neighborhood Conservation (NC) and Mixed Use (MU) Districts to Light Industrial (LI) District. Hold a public hearing regarding the application of Commerce Construction Co. LP, agent for CHFHPP Interests, LLC, to rezone approximately 200.48 acres from Neighborhood Conservation (NC) and Mixed Use (MU) Districts to Light Industrial (LI) District, located south of Interstate 10, north of Needlepoint Road, west of the railroad tracts and approximately 2,600 feet east of Sjolander Road in Harris County, Texas.

7. DIRECTOR'S REPORT

a. The director will present an update at the meeting on the following items: Service awards to Planning and Zoning Commission members Mobility Plan Post-ULDC Mapping MUD that will maintain streets in the Bay Ten Business Park

8. ADJOURN

PUBLIC NOTICE IS GIVEN THAT IN ADDITION TO ANY EXECUTIVE SESSION LISTED ABOVE, THE PLANNING AND ZONING COMMISSION RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE SECTIONS 551.071 - 551.088 TO DISCUSS ANY OF THE MATTERS LISTED ABOVE.

DOCUMENTS PRESENTED TO THE PLANNING AND ZONING COMMISSION SHALL BE SUBMITTED TO THE COMMISSION AND SHALL REMAIN AS A PART OF THE PUBLIC RECORD, THEREFORE PLEASE ENSURE THAT THE RECORDS BEING PRESENTED ARE NOT THE ONLY COPY AS THEY WILL NOT BE RETURNED TO THE PRESENTER.

THE CITY OF BAYTOWN IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST. FOR ASSISTANCE PLEASE CALL 281-420-6522, FAX 281-420-6586, OR CONTACT 281-420-6522 VIA RELAY TEXAS AT 711 OR 1-800-735-2989 FOR TYY SERVICES. FOR MORE INFORMATION CONCERNING RELAY TEXAS, PLEASE VISIT: HTTPS://PUC.STATE.TX.US/RELAYTEXAS/OVERVIEW.ASPX.

THE AGENDA AND SUPPORTING DOCUMENTATION IS LOCATED ON THE CITY WEBSITE (www.baytown.org) UNDER CITY MEETINGS - AGENDAS AND PACKETS.

PLANNING AND ZONING COMMISSION 1. a. Meeting Date: 03/20/2012 Consider Approving the Minutes of the Commission's Regular Meeting on January 17, 2012 Prepared for: Kelly Carpenter Prepared by: Andrew Allemand, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider Approving the Minutes of the Commission's Regular Meeting for January 17, 2012.

PREFACE RECOMMENDATION Staff recommends approval of the minutes.

Attachments P&Z Minutes - Feb 17, 2012

CITY OF BAYTOWN PLANNING AND DEVELOPMENT SERVICES

Minutes of the Planning and Zoning Commission Meeting January 17, 2012

The Planning and Zoning Commission met at 5:30 p.m. on Wednesday, January 17, 2012, in the Council Chamber at Baytown City Hall located at 2401 Market Street, Baytown, Texas.

Member(s) present: Gil Chambers Vice-Chair Jim Hutchison Member Tracey Wheeler Member Brandon Benoit Member Spencer Carnes Member Ryan Hightower Member Shawn McDonald Member

Member(s) not Joe Floyd Member present:

Staff Present: Kelly Carpenter Planning Director Andrew Allemand Development Review Manager Harold Cheek Comprehensive Planner I Ryan Granata Comprehensive Planner II Tiffany Foster Assistant Planning Director Raquel Martinez Administrative Assistant

Vice-Chair Chambers called the meeting to order at 5:30 p.m. with a quorum present.

1. MINUTES

a. Consider Approving the Minutes of the Commission’s Special Meeting for November 8, 2011.

b. Consider Approving the Minutes of the Commission’s Special Meeting for November 29, 2011.

Ms. Tracey Wheeler made a motion to approve the minutes as written for the November 8, 2011, and November 29, 2011, special meetings of the Planning and Zoning Commission, seconded by Mr. Jim Hutchison. Motion PASSED unanimously.

2. PLATS

a. Discuss and consider the application of Edward Williams, agent for property owner Legna II, LTD., for the Country Club Manor, Section Four Preliminary Plat, a 7.8346 acre subdivision of Country Club Manor Tract A, located north of Manor Drive, east of Garth Road and west of existing Country Club Manor, Section Three, City of Baytown, Harris County, Texas.

Ms. Kelly Carpenter presented the staff report. This is an application for approval of a preliminary plat for a residential subdivision containing forty-five lots. The Development Review Committee has reviewed the application and finds that it meets the minimum requirements of the code. Staff recommends approval.

A motion was made by Mr. Brandon Benoit to approve the Country Club Manor, Section Four Preliminary Plat, seconded by Mr. Spencer Carnes. Motion PASSED. Mr. Jim Hutchison abstained from the vote.

3. ZONING

a. Hold a public hearing giving all interested parties the right to appear and be heard regarding the application of Rene and Patricia Gharibeh to rezone approximately 7.33 acres from Neighborhood Conservation (NC) District to Mixed Use (MU) District, being Tracts 1A-2 and 1A-3 of the W. Ritchie Survey, Abstract No. 683, located between Sjolander Road and Crosby Cedar Bayou Road along the south right-of-way of Interstate 10, Harris County, Texas.

Mr. Alan Hudgins, 3047 Ferry Road, stated that at the last public hearing which was held on January 4, 2012, he had asked for the definition of spot zoning. He was told that the City recognized the state’s definition of spot zoning and for him to get with staff for an explanation. He sent an email to Ms. Carpenter and received a response to get with Raquel to set up an appointment but he believes no appointment is necessary. He just wants a yes or no response to his question and received no response. Mr. Hudgins proceeded to read the email he had sent to see if he can receive an answer. Ms. Carpenter stated that Council has not addressed this issue. Mr. Hudgins asked where he would be able to get an answer and if he needed to seek legal counsel. Do the Commissioners not want to know what they are voting for? Ms. Carpenter mentioned that this is really a legislative decision and left to Council to decide whether it is spot zoning or not and not up to the Planning and Zoning Commission or herself.

There being no one else present to speak, Vice-Chair Chambers closed the public hearing.

b. Discuss and consider the application of Rene and Patricia Gharibeh to rezone approximately 7.33 acres from Neighborhood Conservation (NC) District to Mixed Use (MU) District, being Tracts 1A-2 and 1A-3 of the W. Ritchie Survey, Abstract No. 683, located between Sjolander Road and Crosby Cedar Bayou Road along the south right-of-way of Interstate 10, Harris County, Texas.

Ms. Carpenter wanted to comment for record that this item was at their January 4th meeting agenda for the Planning and Zoning Commission and was voted on affirmatively. However, the attorneys have interpreted within the last several weeks that two public hearings are required at the Planning and Zoning Commission for any zoning item. The vote should not have been taken at their January 4th meeting so it is on agenda tonight to hold the second public hearing and vote for action. Ms. Carpenter then presented the staff report.

A motion was made by Ms. Tracey Wheeler to approve the application of Rene and Patricia Gharibeh to rezone approximately 7.33 acres from Neighborhood Conservation (NC) District to Mixed Use (MU) District, seconded by Mr. Brandon Benoit. Motion PASSED. Mr. Spencer Carnes abstained from the vote.

c. Hold a public hearing giving all interested parties the right to appear and be heard regarding proposed amendments to Chapter 130 “Zoning,” Baytown Code of Ordinances, that separates the variance and special exception processes and adopts new processes and regulations for variances, non-conforming land uses, and non-complying structures.

Mr. Alan Hudgins, 3047 Ferry Road, would like to make the Planning and Zoning Commission aware that they have something before them regarding grandfathering in the LI and HI zoning districts, further noting that this issue was voted on back in 2007. He has contacted city staff in regards to this issue but has not received a response since he found out that there was no application filed by the former Planning Director, Ms. Kimberly Brooks. We have on three or four other occasions had to go back and nullify proceedings because no application was filed. He then proceeded to make them aware of the general idea behind zoning and that the ultimate goal is to eliminate nonconforming uses. He then read an excerpt that he would like to be added into the ordinance for protection for the public and stated that the ordinance does not refer to Chapter 34 of the Code of Ordinances in regards to environmental nuisances. Vice-Chair Chambers and Mr. Hutchison noted that since there are other ordinances in the city that address nuisances, it is not necessary to include in this ordinance.

Minutes of the January 17, 2012 Planning & Zoning Commission Meeting 2

There being no one else present to speak, Vice-Chair Chambers closed the public hearing. d. Discuss and consider proposed amendments to Chapter 130 “Zoning,” Baytown Code of Ordinances, that separates the variance and special exception processes and adopts new processes and regulations for variances, non-conforming land uses, and non-complying structures.

Ms. Carpenter briefly stated some of the primary components of the proposed amendment: 1) It would allow for the Planning Director to grant up to a 10% variance and for the Zoning Board of Adjustment to grant another 30% variance, which adds a ton of flexibility on the amount of variances to be allowed in the community, and 2) makes a very progressive attempt to improve the nonconforming uses in a neighborhood. It has a list of credits that the applicant may choose from to be used for every 10% of variance requested.

A motion was made by Mr. Spencer Carnes to recommend approval to Council on the proposed amendments to Chapter 130 “Zoning.”

Mr. Shawn McDonald had a few comments on the document. He noted that he has a challenge, not a problem with the nonconforming use issue. He noticed that there are some systems put in place in the document for nonconforming uses but asked if the better course would be to ensure that there not so many nonconforming uses. This would also reduce the work for staff. He described a few scenarios to include the effect the ordinance amendments would have on them. Mr. Carnes stated that the Commission would come back and revisit the ordinance in the near future in order to address issues that were not identified in the initial draft. Ms. Carpenter referred Mr. McDonald to page forty-five of the document, items e) and f) in regards to setbacks. Mr. McDonald commented that there seems to be a lot of variance requests and applications and it would seem that this would be an additional hurdle and the request is not guaranteed to be approved. Ms. Carpenter stated that on the contrary, the city has had very few variance requests. Once the new code passes there may be more, but currently the Zoning Board of Adjustment has not met in the last six months. She then referred the Commissioners to the yellow sheet that was provided to the Commissioners at their January 4th meeting and stated that the Commissioners could choose to include those additional changes in their recommendation to Council.

A motion was made by Mr. Brandon Benoit to recommend approval to Council on the proposed amendments to Chapter 130 “Zoning,” seconded by Mr. Jim Hutchison. Motion PASSED with a vote of 6 to 1.

Vice-Chair Chambers proceeded to discuss agenda item 4.a. prior to items 3.e. and 3.f. e. Hold a public hearing giving all interested parties the right to appear and be heard regarding the repeal of Chapter 130 (Zoning), Baytown Code of Ordinances and the adoption of new zoning regulations to be included in a new Unified Land Development Code.

There being no one present to speak, Vice-Chair Chambers closed the public hearing. f. Discuss the repeal of Chapter 130 (Zoning), Baytown Code of Ordinances and the adoption of new zoning regulations to be included in a new Unified Land Development Code.

Ms. Carpenter stated that at their January 4th meeting, staff pointed out several changes. There are no additional changes at this time; however, there are three issues on the table for you to consider. First, there seems to be a want of discussion concerning the masonry standards again. The proposal is to put the differentiation between arterial, collector, and local streets back into the ordinance but to change some of the standards in Table 3-2.

Vice-Chair Chambers stated that three motions will be needed. The first motion would be to amend the ULDC regarding the masonry standards in Table 3-2. Mr. Shawn McDonald offered the first motion, seconded by Mr. Spencer Carnes. There was then a brief discussion on the masonry Minutes of the January 17, 2012 Planning & Zoning Commission Meeting 3

standards and was then called to question to vote to amend Table 3-2 with the proposed changes as shown on white sheet with corrections. Motion PASSED with a vote of 5 to 2.

Mr. Jim Hutchison made a motion to recommend the ULDC as amended for approval to Council, seconded by Mr. Brandon Benoit. Motion PASSED with a vote of 5 to 2.

Ms. Carpenter then summarized the report that the Planning and Zoning Commission will be sending to Council on the ULDC. Mr. Jim Hutchison made a motion to approve the report to be sent to City Council with the additional request for Council to review the document every six months, seconded by Mr. Brandon Benoit. Motion PASSED with a vote of 6 to 1.

4. BUSINESS ITEMS

a. Discuss and consider a request by Linda Morris, Community Manager for the Community Association of Crockett Park, Baytown, Texas, to install “No Parking” signs on the following locations: Curry and Cinnamon Streets, Oleander and Curry Streets, Cinnamon and Sage Streets, and Almond and Oleander Streets in accordance with Chapter 94 “Traffic and Vehicles,” Article II “Administration,” Division 2 “Enforcement,” Section 94-63 “Authority and duties of the Planning and Zoning Commission” of the Baytown Code of Ordinances.

Ms. Carpenter stated that staff was approached by the Crockett Park Subdivision and Community Management Company to look into installing “No Parking” signs in their neighborhood. An important issue is that there is a centralized mailbox at Curry and Cinnamon Streets on a curve and parking is allowed on the street. People drive up to the mailbox and park on the inside curve and sit in their car for five to ten minutes to read their mail. On the outside of the curve, there are numerous parked cars. A fire truck went on-site to assess the situation and they could not get through that curve when both sides of the street had parked cars. Staff recommends installing a “No Parking” sign on the outside curve and a time limit parking sign for the inside curve. Mr. Cheek stated that the Traffic Division of the Public Works Department did recommend “No Parking” signs on the outside and inside curves at Curry and Cinnamon and to take no action at the other locations.

Mr. David Lee, President of the Community Association of Crockett Park, gave a brief history of the situation. He indicated that Curry Street is the only street without a cut-out area for mailboxes in the neighborhood. Vice-Chair Chambers asked Mr. Lee as to what their deed restrictions said in regards to on-street parking. Mr. Lee stated he would need to research that information but noted that it is a common problem in their neighborhood. Mr. Hightower asked if placing the “No Parking” sign at the mailboxes would cause backup at another location on the street. Mr. Lee asked if there was a rule as to how many feet from the sign people could park and staff answered they would have to research that information. Mr. Allemand stated that they might paint the curb to indicate that it was a “No Parking” area. Mr. Hightower asked if there was another place that the mailbox could be moved to within the neighborhood and Mr. Lee answered they have four separate mailboxes throughout the neighborhood and does not believe that moving the mailbox in question would be practical. Mr. Lee stated that the association would be in favor of removing all other requests except for the signs at Curry and Cinnamon Street.

A motion was made by Mr. Brandon Benoit to approve the signs at Curry and Cinnamon Street in accordance with the Traffic Division’s recommendation and to reject the three other requests for signs, seconded by Ms. Tracey Wheeler. Motion PASSED unanimously.

5. DIRECTOR’S REPORT

Ms. Carpenter thanked the members of the Citizen Task Force, members of the Planning and Zoning Commission, Legal staff, Planning staff, and citizens that took interest to come and comment, such as the developers, on the ULDC document in order to reach a community-based solution. Council is scheduled to have a work session on the ULDC on Thursday, January 26, 2012, at 5:00 p.m. and to hold a public hearing to consider adopting the ordinance on Thursday,

Minutes of the January 17, 2012 Planning & Zoning Commission Meeting 4

February 9, 2012, at 6:30 p.m. Staff will post a meeting notice for the Planning and Zoning Commission for both meetings in case there is a quorum in attendance.

6. ADJOURN

With no further business before the Commission, Mr. Brandon Benoit made a motion to adjourn the meeting at 6:55 p.m., seconded by Mr. Ryan Hightower. Motion PASSED unanimously.

______Respectfully Submitted

______Date

Minutes of the January 17, 2012 Planning & Zoning Commission Meeting 5

PLANNING AND ZONING COMMISSION 1. b. Meeting Date: 03/20/2012 Consider Approving the Minutes of the Commission's Regular Meeting for February 21, 2012. Prepared for: Kelly Carpenter Prepared by: Andrew Allemand, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider Approving the Minutes of the Commission's Regular Meeting for February 21, 2012.

PREFACE RECOMMENDATION Staff recommends approval of the minutes.

Attachments P&Z Minutes - Feb 21, 2012

CITY OF BAYTOWN PLANNING AND DEVELOPMENT SERVICES

Minutes of the Planning and Zoning Commission Meeting February 21, 2012

The Planning and Zoning Commission met at 5:30 p.m. on Tuesday, February 21, 2012, in the Council Chamber at Baytown City Hall located at 2401 Market Street, Baytown, Texas.

Member(s) present: Gil Chambers Vice-Chair Tracey Wheeler Member Brandon Benoit Member Spencer Carnes Member Lisa Clary Member Shawn McDonald Member

Member(s) not Joe Floyd Member present: Jim Hutchison Member

Staff Present: Kelly Carpenter Planning Director Andrew Allemand Development Review Manager Karen Horner First Assistant City Attorney Harold Cheek Comprehensive Planner I Ryan Granata Comprehensive Planner II Tiffany Foster Assistant Planning Director Raquel Martinez Administrative Assistant

Vice-Chair Chambers called the meeting to order at 5:30 p.m. with a quorum present.

1. MINUTES

a. Consider Approving the Minutes of the Commission’s Regular Meeting for January 4, 2012.

Mr. Spencer Carnes made a motion to approve the minutes as written for the January 4, 2012, meeting of the Planning and Zoning Commission, seconded by Ms. Tracey Wheeler. Motion PASSED unanimously.

2. CITIZEN COMMUNICATION

There are no citizen communications at this time.

3. PLANS

a. Discuss and consider the Overall Development Plan for the Bay Ten Business Park, located south of I-10 between SH 99 on the west and FM 3180 on the east, being 338.44 acres out of the Jacob Townsend Survey and R.A. West Survey, Abstract, City of Baytown, Chambers County, Texas.

Ms. Kelly Carpenter introduced the newest member of the Planning and Zoning Commission, Lisa Clary. She then presented the staff report. This is an application for approval of a land development plan for a light and heavy industrial business park. The Development Review Committee has reviewed the application and finds that it meets the minimum requirements of the code. Staff recommends approval. This is the first step of the platting process, which will lead to a preliminary plat and a final plat.

Mr. Alan Hudgins, 3047 Ferry Road, had a couple of basic comments. He noticed that Bay Ten Business Park looks like it is part of the 935 acres that is being rezoned in item 4.a. Does the Parkway Protection Zone apply only to this development or all of the businesses going up along the side of Highway 99? Ms. Carpenter answered that it would only apply to this particular site at this time.

A motion was made by Mr. Brandon Benoit to approve the Overall Development Plan for the Bay Ten Business Park, seconded by Ms. Tracey Wheeler. Motion PASSED unanimously.

4. ZONING

a. Hold a public hearing giving all interested parties the right to appear and be heard regarding the application of Robert Leiper, City Manager of the City of Baytown to rezone approximately 935 acres from Neighborhood Conservation (NC) District to Heavy Industrial (HI) and Light Industrial (LI) Districts, currently being considered for limited purpose annexation, located in the City’s extraterritorial jurisdiction generally east and west of Texas State Highway 99 and Needlepoint Road (FM 2354) approximately 1,900 feet south of Interstate 10 in Chambers County, TX.

Mr. Joe Moody, 3003 W. Alabama Street, stated he represents Parkside Capital, which was the original owner of a lot of this property. For the last two years he has been working with Ms. Carpenter, Mrs. Horner and Mr. Leiper in order to try to work out a development plan that would result in a marketable plan with a set of restrictions and guidelines for ongoing development that is satisfactory to the city and its citizens. He they have accomplished this goal with the proposed protection zone and landscape reserves. He believes once their plan is shown, many of the concerns regarding the proximity of the development to nearby homes will go away.

Mr. Earl Wilburn, 3614 Turtle Cove Drive, developer of Legends Bay Subdivision, respectfully requested that the City not rezone the subject property to HI that was adjacent to their subdivision. Legends Bay is comprised of 135 acres and will ultimately have over 500 homes. They believe the proposed rezoning would have a significant adverse impact on the quality of life for their residents due to the potential noise, pollution, traffic, and worsening of the already bad flooding in the area. This rezoning would not be allowed within the City of Baytown. Why is it fair for the residents located in Chambers County?

Mr. Alan Hudgins, 3047 Ferry Road, referred to the applicant’s statement in the agenda packet for this item and commented on the primary purpose of the Grand Parkway. He noted the question of whether this rezoning would have an effect on the natural environment and proceeded to compare the answer in the applicant’s statement – that there would be no adverse impacts – with what the gentleman who spoke last has expressed – that there would be environmental effects. The city needs to figure out who is correct. What does CWA canal stand for? It is Coastal Water Authority. He would like an explanation of what the state-required storm management plan is and what effect this 935-acre industrial complex will have on heavily congested Highway 146 traffic and FM 565 traffic. Would it be possible to get a traffic impact statement due to the large industrial developments and their associated heavy haul truck traffic? He knows Mayor Don Carlos made a statement that he is working with TX DOT, but so far we have not seen any solutions.

Mr. Kyle Ray, 8219 Mandalay Bay Drive, resident of Legends Bay subdivision, agreed with Mr. Wilburn. There will definitely be environmental impacts to our neighborhood. His suggestion and opinion is to not change the zoning out there. He bought his home out in that area due to the Barbers Hill School District since it is a good school district and the houses have high property values.

Mr. Mark Miller, 8250 Mandalay Bay Drive, resident of Legends Bay stated his opinion that the city should not change the zoning to heavy and light industrial. He did agree that it is unlikely that the city and developer would choose to discard two years of negotiation, so he asked that the city give their neighborhood the same common courtesy that the city would give its citizens. They would like

Minutes of the February 21, 2012 Planning & Zoning Commission Meeting 2

a bigger greenbelt along the Hackberry side. He also asked that the developer remove the northeast portions of tracts D and F along Hackberry Creek, which would essentially prevent the industrial uses from backing up to the residential uses. We would like some noise and sound barriers on our side with vision screens, which is the same provisions that the city is providing to the passing traffic on Highway 99 that will never have their windows down or be outside with their families. Mr. Miller noted that the neighborhood is not made up of Baytown citizens, but they are Baytown patriots since they spend ninety percent of their resources in Baytown. Give us the same courtesy you would want as a property owner if they were proposing to bring this to your backyard.

Mr. Cory Taylor, 8607 Rocky River, is representing the Cotton Creek Subdivision. Although they fully support growth in that area and appreciate the efforts they are trying to bring forth but their real issue is why heavy industrial is recommended next to the subdivision instead of light industrial? Does the Commission understand the difference between HI and LI and what each district could? His understanding from reading Baytown’s code is that HI contains uses that involve hazardous, flammable, possibly explosive elements. Is there a thought of what you plan to move into the HI category? Ms. Carpenter answered that when you rezone, you allow for all the uses within the category that are in the code. The developer is not prepared to say what they plan to place in each district. Mr. Taylor asked for the LI zoning category to be placed next to the residential area instead of HI.

Mr. Rusty Senac, County Commissioner in Chambers County from Precinct 4, stated he received a number of nervous telephone calls from residents and would like to remind the Planning and Zoning Commission that “good fences make good neighbors” and big green belt areas help industry and residents coexist peacefully. His question is what type of a transition is the City proposing between the heavy industrial uses and the residential uses. Ms. Carpenter answered that the adjacent subdivision, Legends Bay, is in Chambers County and not in City of Baytown. This means that the zoning regulations in the City of Baytown with respect to the separation of uses, buffers, and lighting do not apply to this application. It does not have the protection of zoning of the City of Baytown because it is not in the City.

Ms. Carpenter stated there would be a second public hearing on this case on March 20, 2012 at this location at 5:30 p.m. during which the Planning and Zoning Commission will discuss and consider this item. Mr. Moody wanted to clarify that most of the area around the subdivision will be detention and the closest building to the subdivision will be 850 feet away.

There being no one else present to speak, Vice-Chair Chambers closed the public hearing.

5. PLATS

a. Hold a public hearing regarding the application of Ansari Family Limited Partnership, owner, Kashif Ansari, President, for Garth Road Medical Complex Preliminary Plat, being a replat of Garth Medical Plaza Minor Plat consisting of 3.11 acres of land located west of Garth Road and approximately 1,100 feet north of West Archer Road in Harris County, Texas.

There being no one present to speak, Vice-Chair Chambers closed the public hearing.

b. Discuss and consider Garth Road Medical Complex Preliminary Plat, being a replat of Garth Medical Plaza Minor Plat consisting of 3.11 acres of land located west of Garth Road and approximately 1,100 north of West Archer Road in Harris County, Texas.

Ms. Carpenter presented the staff report. The property is being platted to enable the applicant to sell the southernmost lot of Garth Road Medical Complex as condominium units. They will be complying with state regulations as well as City of Baytown regulations. The Development Review Committee has reviewed the application and finds that it meets the minimum requirements of the code. Staff recommends approval.

A motion was made by Mr. Shawn McDonald to approve the Garth Road Medical Complex Preliminary Plat, seconded by Mr. Spencer Carnes. Motion PASSED unanimously. Minutes of the February 21, 2012 Planning & Zoning Commission Meeting 3

c. Discuss and consider the application of Sean Burch, agent for property owner Joe Moody, for the Bay Ten Lane Preliminary Plat, a 1.3042 acre subdivision of the Jacob Townsend Survey and Abstract No. 25, located east of SH 99 and north of the proposed Kilgore Parkway, Chambers County, Texas.

Ms. Carpenter presented the staff report. This is an application for approval of a preliminary plat for street dedication of a portion of Bay Ten Lane. The Development Review Committee has reviewed the application and finds that it meets the minimum requirements of the code. Staff recommends approval.

A motion was made by Mr. Spencer Carnes to approve the Bay Ten Lane Preliminary Plat, seconded by Mr. Brandon Benoit. Motion PASSED unanimously.

6. DIRECTOR’S REPORT

Ms. Carpenter mentioned that City Council will consider the ULDC document on Thursday, February 23, 2012 at 6:30 p.m. Staff has posted notice of a Planning and Zoning Commission meeting for that day in case there is a quorum. It will not be a joint meeting with Council. Vice-Chair Chambers asked Ms. Carpenter on the status of the Mobility Plan and she stated that they plan to include it in their next regular meeting agenda on Tuesday, March 20, 2012 and plan to send to Council in April of this year. They have not posted the Mobility Plan on the city’s website at this time.

7. ADJOURN

With no further business before the Commission, Mr. Spencer Carnes made a motion to adjourn the meeting at 6:10 p.m., seconded by Mr. Shawn McDonald. Motion PASSED unanimously.

______Respectfully Submitted

______Date

Minutes of the February 21, 2012 Planning & Zoning Commission Meeting 4

PLANNING AND ZONING COMMISSION 2. a. Meeting Date: 03/20/2012 Citizen Communication from Tammie Jones Prepared for: Kelly Carpenter Prepared by: Harold Cheek, Planning and Development Services Department: Planning and Development Services

Information ITEM Receive a citizen communication by Tammie Jones to remove two of the “No Parking” signs along the outside curve of Cinnamon Street and Curry Street that were approved by the City Council in accordance with Chapter 94 “Traffic and Vehicles,” Article II “Administration,” Division 2 “Enforcement,” Section 94-63 “Authority and duties of the Planning and Zoning Commission” of the Baytown Code of Ordinances.

PREFACE Tammie Jones, resident of the Crockett Park Subdivision, is making a citizen communication concerning the city council's adoption of a "No Parking" ordinance affecting her neighborhood which the Planning and Zoning Commission affirmatively recommended to council. Ms. Jones' communication is included as an attachment.

RECOMMENDATION

Attachments Citizen Communication From: Tammie Sent: Tuesday, February 21, 2012 4:15 PM To: Harold.Cheek Subject: Re: crockett park

Only the two signs on my side of the street would be just fine. I can understand leaving the other side open and have no issues with that. My address is 4219 cinnamon st.

Tammie

On Feb 21, 2012, at 1:36 PM, Harold.Cheek wrote:

Ms Jones,

I have taken note of your request. Your concern about the signs will be placed on the March 20, 2012 Planning and Zoning Commission agenda. May I have your address? Are you requesting that all four signs be removed or only the two signs on your side of the street? Please specify your desires. Thank you.

Harold Cheek, AICP Comprehensive Planner City of Baytown 281-420-5378

From: tammie jones Sent: Monday, February 20, 2012 10:24 PM To: Harold.Cheek Cc: Thomas Harvey Subject: crockett park

Mr. Cheek, I talked to you last week about the no parking signs just put up in front of my home. I'd like to request the issue be added to the agenda for the March 20th meeting. I'd also like to let you know that on Friday I was woke up by a police officer pounding on my door as my son didn't pull up far enough passed the sign posted near the mailboxes and a neighbor called the police to report it. What a waste of an officers time. He could be busting the drug dealer down the road instead. Sunday the entire area that was just marked no parking was filled with cars as a different neighbor had a party. No police were called. As I previously told you the city has just given a man with a vendeta against myself and my family the legal means to make our lives misserable. He used the homeowners association and the City of Baytwon council members to get his way. And all of you just went along with his plan. I have lived in this house nearly 6 years. Firetrucks, Semis, UPS trucks, school buses ect... have all managed to drive threw this neighborhood with little or no issues. If you want to make it no parking infront of my home then it should be no parking in any of the streets of Baytown. I am certainly being discriminated against by the City of Baytown, and the homeowners association.

Thank you for your time.

Tammie HarveyJones

PLANNING AND ZONING COMMISSION 3. a. Meeting Date: 03/20/2012 Election of Commission officers. Prepared for: Kelly Carpenter Prepared by: Andrew Allemand, Planning and Development Services Department: Planning and Development Services

Information ITEM Discuss and consider the election of a Chairperson and a Vice-Chairperson of the Planning and Zoning Commission in accordance with Section 2-322 of the Baytown Code of Ordinances.

PREFACE Section 2-322, "Officers," of the Baytown Code of Ordinances states that, "The planning and zoning commission shall elect a chairperson and vice-chairperson at the first meeting of each year." The appointment of these positions has been postponed due to pending appointments and the need for stability during the final stages of sending the draft of the zoning regulations of the Unified Land Development Code to the city council. Commissioners serve two-year terms beginning on January 1st. For the 2011 calendar year, the chairperson was Mr. Barry Bobbitt and the vice chairperson was Mr. Gil Chambers.

RECOMMENDATION Staff recommends that the commission elect a chairperson and vice chairperson.

PLANNING AND ZONING COMMISSION 3. b. Meeting Date: 03/20/2012 Consider a motion to reconsider certain "No Parking" Signs within Crockett Park Subdivision - Planning and Development Services. Prepared for: Ignacio Ramirez Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider a motion to reconsider the placement of certain "No Parking" signs within Crockett Park Subdivision.

PREFACE The Planning and Zoning Commission recommended approving the placement of "No Parking" signs on the curve of Cinnamon and Curry within Crockett Park Subdivision. The Rules of Procedure adopted by the Commission provide that an item may not be reconsidered by the Commission if the item has been previously considered and voted on by the Commission within the preceding six months, unless the Commission by majority vote wavies this restriction as to the item.

This item allows the Commission to determine whether this matter should be reconsidered prior to the expiration of the six-month period.

RECOMMENDATION

PLANNING AND ZONING COMMISSION 3. c. Meeting Date: 03/20/2012 Request for Removal of certain "No Parking" Signs within Crockett Park Subdivsion - Planning and Development Services. Prepared for: Planning and Development Prepared by: Karen Horner, Legal Services Department: Legal

Information ITEM Discuss and consider a request by Tammie Jones, a resident of the Crockett Park Subdivision to remove the “No Parking” signs at the following locations: outside curve of Cinnamon Street and Curry Street.

PREFACE Tammie Jones has requested that the City of Baytown remove the “No Parking” signs at the following locations: along the outside curve of Cinnamon Street and Curry Street.

The Commission receives and considers requests for changes to city traffic control devices. The Commission may approve the request and forward it to the City Council for its consideration. If the Commission denies the request then the applicant may appeal the decision to the City Council.

Ms. Jones' full request is included as part of her citizen's communications.

RECOMMENDATION Staff recommends denial.

Attachments Staff Recommendation

PLANNING AND ZONING COMMISSION 4. a. Meeting Date: 03/20/2012 Discuss and consider S.A.F.E. Chemical Preliminary Plat Prepared for: Kelly Carpenter Prepared by: Harold Cheek, Planning and Development Services Department: Planning and Development Services

Information ITEM Discuss and consider S.A.F.E. Chemical Preliminary Plat, consisting of approximately 10 acres of land located east of State Highway 99 at the northeast corner of Kilgore Parkway and proposed Bay Ten Lane in Chambers County, Texas.

PREFACE This is an application for approval of a preliminary replat for a subdivision. The property is being platted to enable the applicant to develop a petroleum processing facility. The applicant intends to plat the 10 acres out of the Bay Ten Park Master Plan that was approved by the commission in February. The applicant has secured a permit from Chambers County in order to construct a petroleum processing facility that will consist of a warehouse and tank field to be served by CCID No. 3 water, on-site sanitary sewer system and future wastewater. There will be a 75-foot setback and a 50-foot landscape buffer along Kilgore.

The application has been reviewed by the Development Review Committee and found that the application meets the minimum requirements of the code of ordinances.

RECOMMENDATION Staff recommends approval.

Attachments Application Preliminary Plat I'IIMlIllIIld DeYelcpmeM smas City of Baytown 2401MzkttSVeet 8q'l.own, TX 7mo Universal Development Application PI-.one: 211-420-5394 Incomplete applications w11l not be accepted. fu: 281.0120-5310 Indicate HNA" when the Item{s) does not pertaIn to your application. Pl.IM!rIIl!lNytO'Ml.OrJ APPLICATION TYPE{S)- CHEele APPROPRIATE BOX(ES) BELOW o Zoning Amendment [] Telecommunication Special Usc [] Replat [] Land Development Plan [] ZonIng VarIance [] landscape Variance [] Small SubdivIsion· [] lot line Adjustment/Consolidation [] Zoning SpecIal ExceptIon [] ~ubdlvlslon Variance [] MInor Plat· [] Fire Lane Easement o Zoning Appeal !il'Prel1minary Plat" [] AmendIng Plat''' o Other [] Zoning Special Use [] Final Plat· 0 Plat CertIfication Seo (IpprOprlalD checklist and fee scnedulo for minimum requirements for each <:application. -These applications uso the same checkl1st.

Project/Subdivision Name: 5A'f 80.: Project Address/Loca'lon: _K;-\?f>r.. PlMk",,"Y ",'I'd. (!,!llQ;"'I,/,---T.!!Ul~---,,=/..tmQJl!:e.~ _ Legal Descrlp'lon & Recording Info: CALLED B5/{,I'f Ac." VO\. IO~7, !'e, :J,1o'f cc.o~ Parcells) Tax ID#is): 'f~'IIe Property platted: Yes / @ / Don'. Know Type (acres): 0 ResIdential tJlit .lVCommerdal 10.00 Total Acres: /0.00 ETJ: ~es 0 No Brief Descrlptlon of Project: He.o.vy /rul.~ ..tr,o.\ 8",~",111I(l",t."'>"s.'C-:- --:- _ existing ZonIng tJ/ A- # of exIsting lots ,..,IA # of exIsting Unlts.!'ilL Current Use A3r> C.~\t1l11"'(e,.",--,--- __ Proposed Zoning H.L #I of Proposed lots ,..,IA #I of Proposed Units _1_ Proposed Use Her;.:JY· loel. \S ~\ti 0..\ Ul\II'yProvlder: WaterSupply (,CI\) No,?' Sanitary facility cell) tJo, 3 I would like to attend a meeting with the Development Review Committee (ORe) 0 Yes li'No APPLICANT & OWNER INFORMATION (Please print or type - Primary Contact wtlJ be e-maJled) Applicant Name: 5"'0,0 B"rc.b[]'--- emall: sb"rch f?> ~o(l ....C<>.r't!\C, CI-hoo Or. I SR., /00 City: Ho"stoo State:.IIL Zip: 710el Phone: 71'0-777- S-B~7 fax: 71'?,-777- S-Q71l.

Owner Name: :foe. f"~ W, Alo..Qc>.m.... City: Jo"",too State: 1"1<' Zip: 1]O'le Phone: 71~-77?>-5S.;lIL__ fax: 7/~-5.;lq-S310

Contact Person (If different from applicant): Email: _ Address: City: State:

Zip: Phone: Fax:

Is granted occess to your property to pllrform acllvllles reloated to your casC!o If the property owner Is not signIng.. tv verlflcatlon (I.e. letter of authorization) must b'e provIded at the time of appllcaUon. sr8naturc(s)::::=~L__I'...d.~::::::::==--- Prlntcd/Tvped Name(s): -JO 6- ,vt" 0 b1J~;;;;~;';;;~~'lI Known to me to b the p sonls) whose name(s) Is/are subscribed to the above and foregoing Instrument, ~ e~tt:the sam,_e r ~!!P"lt~s;;"~.~nd<:c~O~":::.slderauon expressed and In the capacity crAin stat d. Given und '- and seaLotaff1t:e.Qn this davof 20 17.,..- I ,\ SNWt3.WA J1i : MY COM!il!lSlCW EXJllRES

FOR DEP,RTNJENT USE ONLY: ProJect#: 'L./lI(bOOI Project Manotger:,...LHLC"'- SlJbmlttill Date; ,:Jp. W;1 Accepted 8v:,_Itllli!IIf}1!L__"Total Fee(s): $ c251J ~ Approved by: ApproVolI Date: City ofBaytown

Development Application General Information and Submittal Requirements Checklist Plats

Applications using this checklist can be placed in two distinct categories: regular plats and other plats that arc subject to modified submittal and review requirements (i.c. sllIall subdivisions, minor plats, and amending plats). A .mlllll subdi"isiol/ is a subdivision of Iwelve (12) or fewef lOIs. A m;lIor pIal contains fOUf (4) or fewer lots and meets the following conditions: I) Each lot shall have frontage all all existing public street, and shall not require the creation ofany new street, or the extension of any existing street; 2) the subdivision shall be served by existing lIlunicipal utilities of adequate capncity, and shall not require the extension OrallY lllunicipal utilities, except for the inslallation of service lines to the individual lot(s) from cxisting mains of adcqualc cnpacity; and, 3) no variance from the standards of the Code of Ordinances is rcquired. An amellding pIa' is intended to corrcct errors and miscalculations on tI plat (ellumcratcd in Section 126-116, Baytown Code of Ordinances), thai has been approvcd by the Planning and Zoning Commission and duly recorded. An amending plat is not considered a replat and may not contain changes or additions to the physical characteristics ofthe original subdivision. Thc basic administrative difTerences are that: regular plats, small subdivisions, amending plats, and minor plats all require preliminary and final plat submittals; minor and amending plats require fewer copies with the initial application; and, slllnll subdivisions. minor pints and amcnding plats havc a lower application fcc.

The following list of submission rcquircments shall be used by the applicant as a checklist in preparing a complete application. The City sl11l11 also lise the checklist 10 verily the complcteness of the application at the time it is submitted. Applicants arc responsible lor submining complete applications. Incomplete applications will be rcjected and returned to the applicant. For more information on the submillal rcquirements and processing proccdures for plat applications, please rcview Chaptcr 26 (Subdivisions), Articlc II (Administration), Baytown Code ofOrdinances.

Un i,'crs31 Dcvclopmcnt AI11Jlication - complele with all required signatures 1)lal Copies: Small Subdivision, Prcliminarv. and Final- fifteen (15) folded 24 x 36 inch copies Minor Plats and Minor ReDlats. and Amending Plats - five (5) folded 24 x 36 inch copies Digital Cap)' - PDF fi Ie of plat c-mai led to plann ingl7ilbaytown .org (due by close ofbusiness on subm illal date) APl'licution Fce: Preliminary and Final - residential plals arc $150.00 plus $ 3.00 a lot and comlllcrcial plats arc S150.00 plus $10.00 an acrc Small Suhdivision. Minor Plats and Minor Replats, and Amending Plat ~ 520.00 Agent Information - Ifyoll arc an agent and flot the property owner, then you shall submit a notarized slatement from lhc owner naming you :IS agcnl for this :lpplication or you must provide an executed contract for sale allowing you to apply for this pial. Ou.)Ot..f S:-3oeA \In;\f{f~ Oe.{e.\cfl'Tltot Aff1at7on

By signing below I acknowledge that I havc reviewcd the General Information and Submittnl Requirements Checklist and have included the re uired submittal items and reviewed them for completeness and :lccuracy. ~ Date

Applictlnt(s) Printed Namc CITY OF BAYTOWN TEXAS

ZONING/ DEVELOPMENTS RECEIPT

******************************************************************************** PARCEL ID PROJECT PL12020015 ADDRESS RECEIPT # 96000002118 PRINT DATE 02/22/2012 PRINT TIME 08:20:38 RECEIPT DATE : 02/22/2012 OPERATOR mxa COpy # 1 RECEIVED BY : mxa CASH DRAWER: 96 REC'D. FROM : RECEIPT INTERFACE CODE ENF VIOL # CD$

FEE ID UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL lCOM PLAT # OF ACRES 10.00 250.00 0.00 250.00 0.00

TOTAL PROJECT : 250.00 0.00 250.00 0.00 METHOD OF PAYMENT AMOUNT REFERENCE NUMBER

CHECK 250.00 55352 TOTAL RECEIPT 250.00 3003 West Alabama Texas Board of Professional Engineers Registration No. F-439 Houston, Tx 77098 713-773-5521

PLANNING AND ZONING COMMISSION 4. b. Meeting Date: 03/20/2012 Discuss and consider Sam Houston Courts Preliminary and Final Plats Prepared for: Kelly Carpenter Prepared by: Andrew Allemand, Planning and Development Services Department: Planning and Development Services

Information ITEM Discuss and consider the Sam Houston Courts Preliminary Plat, consisting of approximately 4.36 acres of land located at the southeast intersection of Lee Drive and W. Nazro Street in Harris County, Texas.

PREFACE This is an application for approval of a preliminary plat for a subdivision. The property is being platted to enable the Baytown Housing Authority to develop new affordable housing units to replace the existing, dilapidated units on site.

The application has been reviewed by the Development Review Committee and found that the application meets the minimum requirements of the code of ordinances.

RECOMMENDATION Staff recommends approval.

Attachments Application Preliminary Plat

HARVEY WHITING SURVEY ABS - 840

BK 22 BK

H.C.D.R.

and Vol 1140 Pg. 111 Pg. 1140 Vol and

Vol. 1148 Pg.122 1148 Vol.

City of Pelly of City

F. T. Pelly Pelly T. F.

57.6'

W. NAZRO ST. NAZRO W.

Called 0.2527Ac. Called

CCF# 277621 CCF#

Johnny Rios Johnny

Vel Rio Farmers Market, Inc. Market, Farmers Rio Vel 100.0' 3

F. T. PELLY to HOUSING AUTHORITY OF THE CITY OF PELLY 189, 313 SQ. FT. 4.346 ACRES VOL. 1176 PG. 156 H.C.D.R.

805 W. NAZRO

BLOCK 13 R/W 20' ALLEY

HOUSTON NORTH SHORE RAILWAY INC. RAILWAY SHORE NORTH HOUSTON

VOL. 2316 PG. 4 PG. 2316 VOL.

HARIS COUNTY HARIS to

MIDDLETON SUBDIVISION VOL 6 PAGE 7 HCMR

333.05' W. CLEVELAND ST. CLEVELAND W.

STREET DEDICATION OF MORRIS ST. AND W. NAZRO LEE DRIVE VARIABLE R/W VARIABLE DRIVE LEE (WRIGHT 40' R/W) 40' (WRIGHT

39,038 SQ. FT. OR 0.8962 ACRES.

BLOCK 12 BLOCK

7 ALLEY 20' R/W 20' ALLEY

MORRIS STREET 50' R/W

BLOCK 12 BLOCK

NEAL ST. NEAL (NEALY 40' R/W) 40' (NEALY

109.0' BLOCK 1 BLOCK

NET AREA LESS STREET RIGHT OF WAY 150,275. SQ. FT. 3.4498 ACRES 16

80' ROW

BLOCK 17 ADDITION TO PELLY ADDITION VOL. 10 PAGE 60 H.C.M.R. 60 PAGE 10 VOL. ADDITION PELLY TO ADDITION 17 BLOCK 80' ROW

75.3'

20' ALLEY R/W DEDICATED BY PLAT OF ADDITION TO PELLY ADDITION ADDITION PELLY TO ADDITION OF PLAT BY DEDICATED R/W ALLEY 20'

86.0'

39.0'

36.0'

220.94'

PER PLAT) PER

25.0'

(CEDAR STREET (CEDAR

20.0'

CCF# Y266730 CCF#

CALLEC 0.54426 AC. 0.54426 CALLEC

TRACT III TRACT

AKSHAR PROPERTIES, LTD. PROPERTIES, AKSHAR

to 910 W. MAIN LTD. MAIN W. 910

50.0'

25.0'

BLOCK 18 ADDITION TO PELLY ADDITION VOL 10 PAGE 60 H.C.M.R. 60 PAGE 10 VOL ADDITION PELLY TO ADDITION 18 BLOCK

25.0'

25.0' 33.7'

PLANNING AND ZONING COMMISSION 5. a. Meeting Date: 03/20/2012 Amending the Baytown 2025 Comprehensive Plan to update the Future Land Use Map Prepared for: Planning Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider amending the Baytown 2025 Comprehensive Plan to update the Future Land Use Map concerning Property located in Chambers County Improvement District No. 3.

PREFACE This item allows the Planning and Zoning Commission to make a recommendation to the City Council regarding an amendment to the Baytown 2025 Comprehensive Plan to update the Future Land Use Map concerning property located in Chambers County Improvement District No. 3 to reflect the industrial business parks proposed to be located within such district.

The Baytown 2025 Plan states that "The Future Land Use Plan along with related polices are important tools to guide everyday decisions regarding development and redevelopment. The plan should be used to identify appropriate areas for development based on land use compatibility, infrastructure availability and environmental constraints. Additionally it should be used to direct residential and nonresidential growth in appropriate areas." This Future Land Use Map amendment will be used to direct nonresidential growth to an appropriate area, namely CCID #3 and the Bay Ten and Kilgore properties as shown on the attached maps. Clearly a Rural/Vacant designation for all areas east of Cedar Bayou is no longer an accurate description of land uses in that area, since both residential and industrial development are occurring within the area designated Rural/Vacant on the Future Land Use Map.

RECOMMENDATION Staff recommend approval.

PLANNING AND ZONING COMMISSION 6. a. Meeting Date: 03/20/2012 Hold a public hearing regarding the rezoning of approximately 935 acres from NC to LI and HI Prepared for: Kelly Carpenter Prepared by: Andrew Allemand, Planning and Development Services Department: Planning and Development Services

Information ITEM Hold a public hearing regarding the application of Robert Leiper, City Manager of the City of Baytown to rezone approximately 935 acres from Neighborhood Conservation (NC) District to Heavy Industrial (HI) and Light Industrial (LI) Districts, currently being considered for limited purpose annexation, located in the City’s extraterritorial jurisdiction generally 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.

PREFACE Requested Action: Zoning Map Amendment Request from Neighborhood Conservation (NC) to Light Industry (LI) and Heavy Industry (HI)

Applicant: Robert Leiper, City Manager

Subject Property: Approximately 935 acres from Neighborhood Conservation (NC) District to Heavy Industrial (HI) and Light Industrial (LI) Districts, currently being considered for limited purpose annexation, located in the City’s extraterritorial jurisdiction generally 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.

Current use: Vacant Proposed use: Light Industry and Heavy Industry North: Vacant/Agricultural in ETJ West: Vacant/Agricultural in ETJ East: Residential/Vacant in ETJ South: Vacant/Agricultural in ETJ

Staff Analysis: An application for an amendment to the official zoning map may be proposed by the mayor, a member of the city council, the city manager or a qualified applicant for development pursuant to Section 130-153 of the Baytown zoning regulations. In this case, the city manager initiated this application. In order to recommend approval of an application for a zoning amendment, the Planning and Zoning Commission shall consider the following factors:

1. Consistency with Chapter 130, Baytown Code of Ordinances – Does the proposed amendment conflict with any portion of this chapter?

No. The zones have been drawn to be consistent with all provisions of Chapter 130.

2. Compatibility with surrounding area – Is the proposed amendment compatible with existing and proposed uses in the surrounding area and is the request for the appropriate district?

Yes. The land within the proposed zoning amendment boundary is currently used for agricultural purposes. Due to the limited access and toll-based configuration of the Grand Parkway, it is unlikely that any additional residential development will occur in the proposed zoning amendment boundary. The properties along the Grand Parkway are proposed to be light industrial in nature such as warehousing and distribution and will serve as a visual buffer for travelers along the Parkway from the proposed heavier industrial uses in the area. The future land use plan illustrates the property as being Commercial/Residential and Rural/Vacant.

3. Changed conditions – What are the changed conditions that require an amendment?

The policy of the City of Baytown is to zone newly annexed land as NC, the City’s most restrictive zoning district. The NC district allows for single family residential with some very limited home occupied businesses. The primary purpose of the Grand Parkway is to allow commercial and long distance traveling traffic to bypass the congested Houston area and provide access to various facilities such as the Port of Houston and the Houston Ship Channel.

4. Effect on natural environment – Will the proposed amendment result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment?

No. Current Code requires significant buffer zones between industrial zoned property and navigable waterways, as well as rights-of-way and other zones. The Code further requires significant buffering between industrial zoned properties and residential properties. Currently the subject properties contain neither wetlands and navigable waterways nor residential uses. The light industrial uses such as warehousing, distribution and offices will provide a visual buffer for travelers along the Grand Parkway.

5. Community need – Does the proposed amendment address a demonstrated community need?

Yes. Strengthening the City’s economic base is always a community need. Rezoning to industrial will provide protection for existing non-industrial uses in the vicinity of existing industrial (if the industrial uses expand) while acknowledging the reality that the nature of the Grand Parkway in the area makes it highly unlikely that additinal residential uses would develop.

6. Development patterns – Does the proposed amendment result in a logical and orderly development pattern that does not constitute spot zoning? Yes. The proposed rezoning is about 935 acres in size and preserves land fronting the Grand Parkway for light industrial while reserving large tracts further from the Grand Parkway for heavier industrial creating a cohesive buffer along the Parkway. The proposed zoning is not piecemeal and is a logical extension of the likely development patterns along this portion of the Grand Parkway in close proximity to Interstate 10. A Parkway Protective Zone is included in the declarations and development agreements for this project along the Grand Parkway.

Public Notification: Notices mailed to property owners within 300’ inside the city limits upon annexation: 7

RECOMMENDATION Staff recommends approval.

Attachments Application Revised Parkside Capital Map P&Z Report to Council - Bay Ten Zoning

REPORT

TO: City Council FROM: Planning and Zoning Commission RE: Bay Ten Rezoning Request for LI and HI DATE: March 20, 2012

This is the report required of the Planning and Zoning Commission per Section 130-156, Baytown Code of Ordinances. This report also serves as the final report that is to be used by the Council in its consideration of the amendment as set forth at Section 130-157.

At the Planning and Zoning Commission meeting of March 20, 2012, Commissioners discussed the attached zoning section of the Unified Land Development Code (“the ULDC”) and agreed to forward the following information to the City Council for their consideration in accordance with Texas Local Government Code.

Background This is an application for a zoning amendment to rezone approximately 935 acres primarily situated in the Jacob Townsend Survey, A-25, with a minor portion situated in the Chambers County School Lands Survey. This property is being considered for annexation by the City of Baytown as a limited purpose annexation on April 12, 2012. As policy, any property that is annexed by the City is given a zoning designation of NC. The City of Baytown is applying to rezone these properties to light industrial (LI) and heavy industrial (HI). The properties that are directly adjacent, on either side, to SH 99 (Grand Parkway) are to be rezoned LI with HI for the remainder of the 935 acres.

Considerations for All Zoning Text Amendments In determining whether to adopt, adopt with modifications or disapprove the proposed ULDC, the following factors must be addressed:

1. Consistency with Chapter 130, Baytown Code of Ordinances – Does the proposed amendment conflict with any portion of this chapter?

No. The zones have been drawn to be consistent with all provisions of Chapter 130. An HI zone may not be adjacent to single family dwelling units. No single family dwelling units are currently located on or adjacent to the subject properties.

2. Compatibility with surrounding area – Is the proposed amendment compatible with existing and proposed uses in the surrounding area and is the request for the appropriate district?

Page 1 Yes. The land within the proposed zoning amendment boundary is currently used for agricultural purposes, primarily the grazing of cattle. There is currently no residential development on, or adjacent to the subject properties. Due to the limited access and toll- based configuration of the Grand Parkway, it is unlikely that any residential development will occur in the proposed zoning amendment boundary. The properties along the Grand Parkway are proposed to be light industrial in nature such as warehousing and distribution and will serve as a visual buffer for travelers along the Parkway from the proposed heavier industrial uses in the area. The future land use plan illustrates the property as being Commercial/Residential and Rural/Vacant. If the City Council chooses to rezone the property, it will include an amendment to the future land use plan.

3. Changed conditions – What are the changed conditions that require an amendment?

The policy of the City of Baytown is to zone newly annexed land as NC, the City’s most restrictive zoning district. The NC district allows for mostly single family residential with some very limited home occupied businesses. As was described above, the nature of the Grand Parkway makes it highly unlikely that the subject area will develop into residential uses. The primary purpose of the Grand Parkway is to allow commercial and long distance traveling traffic to bypass the congested Houston area and provide access to various facilities such as the Port of Houston and the Houston Ship Channel.

No. Current Code requires significant buffer zones between industrial zoned property and navigable waterways, as well as rights-of-way and other zones. The Current Code further requires significant buffering between industrial zoned properties and residential properties. Currently the subject properties contain neither wetlands and navigable waterways nor residential uses. The light industrial uses such as warehousing, distribution and offices will provide a visual buffer for travelers along the Grand Parkway.

5. Community need – Does the proposed amendment address a demonstrated community need?

6. Development patterns – Does the proposed amendment result in a logical and orderly development pattern that does not constitute spot zoning?

Yes. The proposed rezoning is nearly 950 acres in size and preserves land fronting the Grand Parkway for light industrial while reserving large tracts further from the Grand Parkway for heavier industrial creating a cohesive buffer along the Parkway. The

Page 2 proposed zoning is not piecemeal and is a logical extension of the likely development patterns along this portion of the Grand Parkway in close proximity to Interstate 10.

The Commission recommends approval of the proposed rezoning request from NC to LI and HI.

PASSED, by the affirmative vote of the Planning and Zoning Commission of the City of Baytown this the 20th day of March, 2012.

______, Chairman City of Baytown Planning and Zoning Commission

Page 3

PLANNING AND ZONING COMMISSION 6. b. Meeting Date: 03/20/2012 Discuss and consider rezoning approximately 935 acres from NC to LI and HI Prepared for: Kelly Carpenter Prepared by: Harold Cheek, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider making a report to the City Council regarding the application of Robert Leiper, City Manager of the City of Baytown to rezone approximately 935 acres from Neighborhood Conservation (NC) District to Heavy Industrial (HI) and Light Industrial (LI) Districts, currently being considered for limited purpose annexation, located in the City’s extraterritorial jurisdiction generally 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.

PREFACE Requested Action: Zoning Map Amendment Request from Neighborhood Conservation (NC) to Light Industry (LI) and Heavy Industry (HI)

Applicant: Robert Leiper, City Manager

1. Consistency with Chapter 130, Baytown Code of Ordinances – Does the proposed amendment conflict with any portion of this chapter?

No. The zones have been drawn to be consistent with all provisions of Chapter 130.

2. Compatibility with surrounding area – Is the proposed amendment compatible with existing and proposed uses in the surrounding area and is the request for the appropriate district?

3. Changed conditions – What are the changed conditions that require an amendment?

5. Community need – Does the proposed amendment address a demonstrated community need?

Public Notification: Notices mailed to property owners within 300’ inside the city limits upon annexation: 7

RECOMMENDATION Staff recommends approval of the request to reclassify the subject property from NC to LI and HI.

PLANNING AND ZONING COMMISSION 6. c. Meeting Date: 03/20/2012 Hold a public hearing regarding rezoning 200.48 acres from Neighborhood Conservation (NC) and Mixed Use (MU) to Light Industrial (LI) Prepared for: Kelly Carpenter Prepared by: Andrew Allemand, Planning and Development Services Department: Planning and Development Services

Information ITEM Hold a public hearing regarding the application of Commerce Construction Co. LP, agent for CHFHPP Interests, LLC, to rezone approximately 200.48 acres from Neighborhood Conservation (NC) and Mixed Use (MU) Districts to Light Industrial (LI) District, located south of Interstate 10, north of Needlepoint Road, west of the railroad tracts and approximately 2,600 feet east of Sjolander Road in Harris County, Texas.

PREFACE Requested Action: Zoning Map Amendment Request from Neighborhood Conservation (NC) and Mixed Use (MU) to Light Industrial (LI)

Applicant: Commerce Construction Co., L.P., agent for the Owner Owner: CHFHPP Interests, LLC

Subject Property: Approximately 200.48 acres of land, being Tracts 9E and 27 of the William Bloodgood Survey, Abstract No. 4, located between Sjolander Road and the Dayton-Goose Creek Railroad along the south right-of-way of Interstate 10 and north of the right-of-way of Needlepoint Road, Harris County, Texas.

Parcel Information Current use: Vacant Proposed use: Warehousing North: Interstate 10 right-of-way, zoned NC West : Vacant in extraterritorial jurisdiction (ETJ) East: Agricultural land, zoned NC South: Needlepoint Road, Residential bordering the SW of the parcel, vacant, zoned MU and NC

Staff Analysis: An application for an amendment to the official zoning map may be proposed by the mayor, a member of the city council, the city manager or a qualified applicant for development pursuant to Section 13-153 of the Baytown zoning regulations. In this case, an agent development pursuant to Section 13-153 of the Baytown zoning regulations. In this case, an agent for the owner of the property initiated this application.

In order to recommend approval of an application for a zoning amendment, the Planning and Zoning Commission shall consider the following factors:

1. Consistent with the Zoning Ordinance.

The applicant intends to construct warehouse buildings. The subject property fronts the Interstate 10 frontage road, with Needlepoint Road directly south of the property. Properties to the west are outside of the city limits. The parcels directly to the southwest are residential, with vacant or agricultural land that is zoned NC along the rest of the southern property line. To the east of the subject property, the land is vacant agricultural land that is zoned NC. The LI zoning district allows for all land uses with the exception of residential and heavy industrial uses. Given the effects of Interstate, such as the intense traffic patterns and the unsuitability for residential development, rezoning the land to LI would be appropriate and would be consistent with the intent of the zoning ordinance, as long as appropriate long-term buffers are supplied and maintained along Needlepoint.

2. Compatible with Surrounding Area.

The surrounding properties, except the property to the west, are located within the city limits. Except for the residential subdivision to the southwest of the property and Interstate 10 to the north, the remaining properties are currently agricultural land. Because the properties to the north, south and east are zoned either MU or NC, a 50 foot vegetative buffer will be required along those sides of the property. Furthermore, the applicant plans on routing a majority of the truck traffic from the I-10 frontage road, minimizing truck traffic along Needlepoint Road.

The city’s Thoroughfare Plan calls for a proposed collector on the western side of the property connecting I-10 and Needlepoint Road. Because of the proposed collector does not continue south of Needlepoint or connect to the existing residential subdivision, staff will be bringing forth an amendment to the Thoroughfare Plan, removing the collector from the plan, at the April 2012 Planning and Zoning Commission meeting.

3. Changed Conditions.

The City of Baytown has a policy that whenever land is annexed into the city that the land is zoned NC, the city’s least intense zoning district. Because of the subject parcel’s proximity to Interstate 10, it is very unlikely that this parcel would develop into single-family residential. At this location with rail and interstate highway, the changed condition is that this parcel is not situated for residential use and needs to be changed to a higher use.

4. Effect on Natural Environment.

The subject property is not on a waterway and is not within a special flood hazard area. The LI The subject property is not on a waterway and is not within a special flood hazard area. The LI use will not include smokestacks and all surface areas will be paved, resulting in no dust impacts. A 50 foot vegetative buffer will be required along the north, south and east sides of the property. The main truck entrance and parking will be located along I-10, with the warehouses and vegetative buffer separating the residential uses from the industrial uses and any rail yard. In addition, any development on the property will have to conform to all city ordinances, including any that protect the health, safety, and welfare of the citizens and the surrounding environment. The trees will be removed and replaced with required vegetative buffers. Staff anticipates little impact on the natural environment.

5. Community Need.

The community needs to continue to provide opportunities that will strengthen the city’s economic base. Zoning this area for light industrial will provide for economic development, additional tax base, and an appropriate land use given the location on Interstate 10.

6. Development Pattern.

Very little development has occurred along this section of Interstate 10. The city’s Future Land Use Plan shows this area as non-residential with some high density residential. Development of warehouses and office space would be a logical and acceptable land use for this area. The zoning of this property is not piecemeal and represents a logical extension of the likely development patterns along I-10.

Public Notification: Notices mailed to property owners within 300’ inside the city limits: 13

RECOMMENDATION Staff recommends approval.

Attachments Application Zoning Map Sign Postings

PROPOSED ZONING AMENDMENT FROM NC AND MU TO LI

FROM NC TO LI FROM MU TO LI IH 10 HY NC IH 10 HY MU

J O

L A

E Y H R 10

R IH

MU Y H 10 IH D INT R LEPO NEED OLD NC NC HY RD IH 10 OINT LE P NEED MU NC LN REST N FO PECA LS ST ANIE MCD Legend MU R I E

C L sde.SDE.Parcel2011_2012 OD DR A YNNWO A L U R R RailRoads U A DR A N YN L C DEL LI I R W NC LN M MU AH A SAR P LE

NC LN R ARK D UN ANDM NC MU L NCNC Baytown Majestic Public Notice Signs – Posted March 8, 2012

I-10 Frontage Road Sign 1 I-10 Frontage Road Sign 2

I-10 Frontage Road Sign 3 I-10 Frontage Road Sign 4

Needlepoint Sign 1 Needlepoint Sign 2

Needlepoint Sign 3 Needlepoint Sign 4

PLANNING AND ZONING COMMISSION 7. a. Meeting Date: 03/20/2012 March directors report Prepared for: Kelly Carpenter Prepared by: Andrew Allemand, Planning and Development Services Department: Planning and Development Services

Information ITEM Service awards to Planning and Zoning Commission members Mobility Plan Post-ULDC Mapping MUD that will maintain streets in the Bay Ten Business Park

PREFACE RECOMMENDATION