MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING March 18, Members Present: Spencer Carnes Chairman Shawn McDonald Vice-Chair

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1 CITY OF BAYTOWN PLANNING AND DEVELOPMENT SERVICES MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING March 18, 2014 The Planning and Zoning Commission met at 5:00 p.m. on Tuesday, March 18, 2014, in the Council Chamber at Baytown City Hall located at 2401 Market Street, Baytown, Texas. s Present: Spencer Carnes Chairman Shawn McDonald Vice-Chair Tracey Wheeler Gil Chambers Brandon Benoit Donna Winfrey-Varner Pete Côté Bo Cox R.D. Burnside Staff Present: Tiffany Foster Interim Planning Director Karen Horner First Assistant City Attorney Nathan Dietrich Senior Planning Manager Joshua Donaldson Planner II Harold Cheek Comprehensive Planner Nai Mongiello Administrative Assistant CALL TO ORDER Chairman Spencer Carnes called the March 18, 2014 Planning and Zoning Commission Meeting to order at 5:10 p.m., with a quorum present. Chairman Carnes congratulated Ms. Tiffany Foster on her appointment to the Interim Planning Director position and introduced Ms. Nai Mongiello, the new Planning and Development Administrative Assistant. 1. MINUTES a. Consider approving the minutes of the January 2, 2014 Planning and Zoning Commission Special Meeting. Mr. Pete Côté made a motion to approve the minutes as written for the January 2, 2014 Special Meeting of the Planning and Zoning Commission, seconded by Mr. R.D. Burnside. Motion PASSED unanimously. b. Consider approving the minutes of the February 18, 2014 Planning and Zoning Commission Meeting. A motion was made by Mr. Brandon Benoit to approve the minutes as written for the March 18, 2014 meeting of the Planning and Zoning Commission, seconded by Ms. Donna Winfrey-Varner. Motion PASSED unanimously.

2 2. PLATS a. Conduct the first public hearing concerning a proposed amendment to the official zoning map for a property of approximately 28.2 acres legally described as tracts 4A, 5A, 6A, 7A, 7B, 8C, 9A, 9A-1, & 9B-1 of Block 20 Highland Farms, Harris County, Texas, located west of Garth Road approximately 1000 South of Hunt Road, from an Open Space/Recreation (OR) District to General Commercial (GC) District. There being no one present to speak, Chairman Carnes closed the public hearing. b. Consider approving Wanamaker Baytown Kroger Plat of approximately 34.9 acres legally described as tracts 4A, 5A, 6A, 7A, 7B, 8C, 9A, 9A-1, & 9B-1 of Block 20 Highland Farms, being a partial replat of lot 2 of the Academy Sports and Outdoors, Harris County, Texas, located approximately 1000 south of Hunt Rd. Mr. Joshua Donaldson presented the staff report to the Commission. Mr. Gil Chambers requested clarification regarding the discrepancies in acreage in the Wannamaker Baytown Kroger Plat. Mr. Joshua Donaldson explained that some of the property was in the City limits and some was not. A motion was made by Mr. Gil Chambers to approve the Wanamaker Baytown Kroger Plat, seconded by Mr. Pete Côté. Motion PASSED unanimously. 4. BUSINESS c. Review proposed amendments to the land use assumptions, capital improvements plan, and impact fee and draft written comment concerning such assumptions, plan, and fee. Mr. Anthony Samarripas of Kimley-Horn and Associates, Inc. presented an updated report on the City's land use assumptions, capital improvements plan and allowable impact fees. Water and Wastewater system analysis is an important tool for facilitating orderly growth of the water and wastewater systems and for providing adequate facilities that promote economic development in the City of Baytown. The implementation of an impact fee is a way to shift a portion of the burden of paying for new facilities onto new development. Information related to the growth of the City was provided from residential and non-residential growth projections provided by the Houston-Galveston Area Council (HGAC) in the form of Traffic Analysis Zones (TAZ). Water and Wastewater system improvements necessary to serve 10-year (2024) and ultimate system needs were evaluated. Typically, infrastructure improvements are sized beyond the 10-year requirements; however, Texas impact fee law (Chapter 395) only allows recovery of costs to serve the 10- year planning period. For example, the projected cost to construct the water infrastructure needed through 2024 is $72,823,941. Of this, $30,027,072 is projected to be eligible for recovery through impact fees. A 4% Finance Cost is then added on to increase the pre-credit total to $31,228,155. After the 50% credit is applied, $15,614,077 is recoverable through impact fees serving the 10-year system needs. A portion of the remainder can be assessed as the planning window extends beyond 2024 and as the impact fees are updated in the future. The impact fee law defines a service unit as follows: Service Unit means a standardized measure of consumption attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards and based on historical data and trends applicable to the political subdivision in which the individual unit of development is located during the previous 10 years. Therefore, the City of Baytown defines a service unit as unit of development that consumes the amount of water requiring a standard 5/8 x 3/4 meter. For a development that requires a different size meter, a service unit equivalent is established at a multiplier based on its capacity with respect to the 5/8 x 3/4 meter. The equivalency factor and associated impact fee by meter size is shown in Table 1 for the Water Impact Fee and Table 2 for the Wastewater Impact Fee. Based on the City s 10-year growth projections and the associated demand (consumption) values, 14,539 additional service units will need water by the year Based on the additional service units and the recoverable capital improvement plans, the Minutes of the March 18, 2014, Planning & Zoning Commission Meeting 2

3 City may assess a maximum of $1,074 per service unit. Based on the City s 10-year growth projections and the associated demand (consumption) values, 14,653 additional service units will need wastewater service by the year Based on the additional service units and the recoverable capital improvement plans, the City may assess a maximum of $2,356 per service unit. Mr. Gil Chambers asked if the City will adopt the maximum rate and Mr. Anthony Samarripas explained that the function of the report is to assess the maximum allowable by law and the City may adopt what it chooses. Mr. Brandon Benoit asked what methodology the City Council uses to choose the amount it charges. Mr. Josè Pastrana, City of Baytown Director of the Engineering Department, stated that it is not the staff s recommendation to propose any change to the current rates, nor is it his understanding that the City Council s intent to change the rates at this time. Ms. Karen Horner asked the Commission to provide comments for the City Council. Mr. Gil Chambers stated that the City invests in water and wastewater projects and he agrees with that decision; however, the City is not recovering the Capitol Recovery Fee and that is an issue. He went on to say that although the Commission has recommended that rates be raised, the City Council has not done so. He believes that the rates of impact fees should be increased. Mr. Shawn McDonald stated that the water and sewer bills in the City of Baytown are high and all s agreed. Ms. Donna Winfrey-Varner noted the greater disparity is in the water as opposed to the wastewater impact fee. Mr. R.D. Burnside stated that although he does not want to hinder growth, the rates should be raised Ms. Tracey Wheeler made a motion that the Commission accept the report and recommend that City Council consider making an increase in the rate of impact fees for water and wastewater. The motion was seconded by Mr. Gil Chambers and PASSED unanimously. Chairman Carnes stated that for Items 3.e. and 3.f., he would recuse himself and request that Mr. Shawn McDonald conduct the meeting through these items as Chairman Carnes has a conflict of interest. 3. ZONING a. Conduct the first public hearing concerning a proposed amendment to the official zoning map for a property of approximately 28.2 acres legally described as tracts 4A, 5A, 6A, 7A, 7B, 8C, 9A, 9A-1, & 9B-1 of Block 20 Highland Farms, Harris County, Texas, located west of Garth Road approximately 1000 South of Hunt Road, from an Open Space/Recreation (OR) District to General Commercial (GC) District. Joshua Donaldson presented the staff report to the Commission. There being no one present to speak, Chairman Carnes closed the public hearing. b. Conduct the first public hearing concerning a proposed amendment to the official zoning map to rezone approximately 1,373 acres of the Goose Creek Oil Field, as defined in the ULDC, as a drilling overlay district in Harris County, Texas. Ms. Tiffany Foster gave opening remarks including that this is the second phase of a year-long process to create the text so that a map can be developed for the overlay of drilling operations. Mr. Joshua Donaldson presented the staff report to the Commission. Mr. Gil Chambers asked why the map shows that there are discrepancies in the boundaries; the map does not represent the 200 foot buffer zone. Mr. Joshua Donaldson stated that the map includes representation of existing wells that are on the shore s edge. Mr. Gil Chambers noted that the text refers to oil wells not being within 200 feet and the complication is the protection of other disturbances such as tankage and roadways that Minutes of the March 18, 2014, Planning & Zoning Commission Meeting 3

4 are within 200 feet. Ms. Tiffany Foster stated that there will be no new activities, structures, appurtenances or wells may occur within 200 feet. Ms. Kayte Kirkwood, Mr. Reeves Holliman and Mr. Kirk Bosché opted to defer their time. Mr. Bobby Nash expressed his concern that the companies who drill on the land do not properly maintain the properties. The properties are not mowed regularly and abandoned equipment is left to deteriorate. He would like to see equal enforcement and maintenance of properties that are used for drilling. Ms. Sandra Wilkerson referred to the 392 foot reserved area along Evergreen Fairway; would wells be permitted in the area between 392 and 600 feet? She asked if the golf course is included in the overlay. She is concerned about disturbance of the eagles in the area as well as street maintenance with the increased traffic. Ms. Tiffany Foster stated that the golf course is not included in the overlay; any new drilling projects will require additional permits that will include infrastructure maintenance. Mr. Reid Wilson, counsel for Foothills, stated that the producer has rights only to the drill site, not the entire surface of the property. They will comply with all federal laws relating to the environment as well as wildlife. All required information has been submitted for the Drilling Overlay District; it is Mr. Wilson s opinion that his client s use of the property is not injurious to adjacent properties; does not impede development; has taken into account nuisance prevention measures; and landscaping requirements are in accordance with the Comprehensive Plan. c. Conduct the first public hearing concerning a proposed amendment to the official zoning map for the property located at 0 Schilling Ave, Lot 2, Block 8 in Morrell Park Section 1 Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a General Commercial (GC) District. Mr. Harold Cheek presented the staff report to the Commission. There being no one present to speak, Chairman Carnes closed the public hearing. d. Conduct the first public hearing concerning a proposed amendment to the official zoning map for the property located at 719 Schilling Ave, Lot 3 Block 8 in Morrell Park Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a Neighborhood Serving Commercial (NSC) District. Mr. Harold Cheek presented the staff report to the Commission. Mr. Shawn McDonald asked if zoning this property as NSC would be a case of spot zoning and Ms. Karen Horner said yes. The applicant applied for NSC and although the use would qualify for GC, the more restrictive setback requirements of GC would have this property out of compliance. The owner of the property is not currently using the property as commercial and is aware that she will have to comply with ordinance requirements associated with the zoning district that is chosen by the Commission. The district is almost exclusively residential to the east of the property and is mostly commercial to the north. Mr. Brandon Benoit stated that the intent of the Commission was to make this district complimentary to residential, not full blown commercial, and if this attitude is abandoned, the district should be done away with. He believes that NSC would be the appropriate zoning for this property and Chairman Carnes concurred. Ms. Aracela Garcia, speaking on behalf of Ms. Maria Sanchez, stated that there are several commercial sites on Schilling Avenue as well as truck traffic. Mr. Shawn McDonald asked if the owner has obtained bids for the necessary construction. Ms. Aracela stated that trash removal has been addressed but minimal structural modifications has not been estimated at this time. Chairman Carnes closed the public hearing. Minutes of the March 18, 2014, Planning & Zoning Commission Meeting 4

5 Chairman Carnes recused himself from Items 3.e and 3.f and Vice Chairman Shawn McDonald assumed the Chairman s position. e. Conduct the first public hearing concerning a proposed amendment to the official zoning map for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas of approximately 18.3 acres of land located approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou, from Mixed Use (MU) District to Heavy Industrial (HI) and Light Industrial (LI) Districts. Mr. Nathan Dietrich stated that there are extensive buffering requirements for the proposed concrete batch plant as referenced in the map provided to the Commission. The applicant has applied for a special use permit as well as future land use map change amendment; the latter will be addressed at the Commission s April 15 th meeting. Mr. Pete Côté requested further clarification on the buffering of the proposed concrete batch plant. Mr. Dietrich stated that along Highway 146 where LI was requested, a 100 foot buffer, including 50 feet of vegetative and 50 feet of open space is required. Along the navigable waterway, a 100 foot vegetative buffer is required as well as a 200 foot buffer for compliance with the Watershed Protection Zone. The 100 foot and 200 foot buffers overlap and a buffer will exist between the HI and LI zones. Vice Chairman McDonald asked how the vegetative buffer will be maintained if materials are being offloaded at the site. Mr. Jay Groves stated that the property is well suited to his intended use and has an existing dock about which he will supply additional information at the next hearing. Trucking materials into the plant would require 330 trucks as opposed to two barges per month; barges would be docked one at a time for six hours. Mr. R.D. Burnside asked how the property would be accessed and where would the plant be located. Referencing the map, Mr. Groves indicated the location of each and explained that no structures would be located in the buffer zones. No concrete crushing on the property will occur. He is in negotiations with the owner of a vacant house adjacent to the subject property. Vice Chairman McDonald closed the public hearing. f. Conduct the first public hearing concerning the granting of a special use permit for Heavy Industrial use for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas of approximately 18.3 acres of land located approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. Mr. Nathan Dietrich explained that the Commission may add requirements to the seven that are specified for the special use permit. The requirements are as follows: 1) landscaping plans submitted with building plans; 2) landscaping is planted according to buffering spacing requirements; 3) a traffic impact study be conducted; 4) additional permits from other entities must be submitted within 60 days of approval; 5) silo be painted a neutral color; 6) City s nuisance standards are observed and 7) applicant obtains approval for the existing dock. Mr. Dietrich added in response to the Commissioner s question that no concrete crushing be allowed on site. Ms. Foster stated that if future owners of the property would have to acquire a special use permit to use the property for anything other than a concrete batch plant. In response to Mr. Cox s question, Ms. Foster stated that a permit for the dock will need to be furnished in order to use the dock for the concrete batch plant and will only be approved if Mr. Groves is able to produce documentation that the dock was permitted and in use prior to Mr. Groves will comply with air quality standards as well as height standards if any are imposed. Vice Chairman closed the public hearing and turned the meeting back over to Chairman Carnes. Minutes of the March 18, 2014, Planning & Zoning Commission Meeting 5

6 4. BUSINESS ITEMS b. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV "Specific Street Regulations," Section "Schedules enumerated," Schedule V Designation Speed Limit Zones of the Code of Ordinances, City of Baytown, Texas, to establish the maximum prima facie speed for south segment of Decker Drive between Garth Road and Lee Drive. Mr. Donald Curry from the City of Baytown Public Works Department gave an overview. A traffic study was conducted and recommended that the speed limit on Decker Drive be raised from 30 miles per hour to 40 miles per hour. The study cited less traffic and consistency were factors in their decision. Ms. Winfrey- Varner and Ms. Wheeler inquired as to the speed limit in the immediate area and Mr. Curry stated that it is 40 miles per hour. Mr. Brandon Benoit made a motion to raise the speed limit to 40 miles per hour on the south segment of Decker Drive between Garth Road and Lee Drive. The motion was seconded by Mr. Cox and PASSED unanimously. b. Consider a request for placement of four "No Parking" signs on 5500 block of North Main, Harris County, at the shoulder of the road around Kenneth's Paint and Body Shop. Mr. Donald Curry stated that there is reduced visibility for drivers due to tractor trailer trucks parking on North Main Street at Kenneth s Paint and Body Shop. The request is that No Parking signs be placed at the location. After questions and discussion by the Committee, it was decided to table this discussion until further research is conducted. The Commission requested photos of the area. Mr. Benoit motioned to table the request for No Parking signs on the 5500 block of North Main. The motion was seconded by Mr. McDonald and PASSED unanimously. 5. DIRECTOR S REPORT Ms. Foster welcomed Nai Mongiello, thanked the Commission for its service and had no other news to report at this time. 6. ADJOURN With no other business before the Commission, Mr. Brandon Benoit made a motion to adjourn; it was seconded by Mr. Pete Côté and PASSED unanimously. Minutes of the March 18, 2014, Planning & Zoning Commission Meeting 6