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CITY OF BAYTOWN NOTICE OF MEETING ZONING BOARD OF ADJUSTMENT SPECIAL MEETING THURSDAY, JULY 6, 2017 4:00 P.M. HULLUM CONFERENCE ROOM BAYTOWN CITY HALL 2401 MARKET STREET BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM 1. MINUTES a. Consider approving the meeting minutes of the June 13, 2017, Zoning Board of Adjustment meeting. 2. VARIANCES a. Conduct a public hearing concerning a variance of the Unified Land Development Code, Article III, Division 1, Table 3-1 "Property Development Standards" to exceed the maximum lot coverage of 75% by 6% at San Jacinto Methodist Hospital, 4201, 4301, 4401 and 4431 Garth Road and 1507, 1677 and 2101 West Baker Road, Baytown, Harris County, Texas. b. Consider granting a variance of the Unified Land Development Code, Article III, Division 1, Table 3-1 "Property Development Standards" to exceed the maximum lot coverage of 75% by 6% at San Jacinto Methodist Hospital, 4201, 4301, 4401 and 4431 Garth Road and 1507, 1677 and 2101 West Baker Road, Baytown, Harris County, Texas. 3. DIRECTOR'S REPORT 4. ADJOURN

ZONING BOARD OF ADJUSTMENTS 1. a. Meeting Date: 07/06/2017 Minutes - March 22, 2017 meeting. Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services Information ITEM Consider approving the meeting minutes of the June 13, 2017, Zoning Board of Adjustment meeting. PREFACE The minutes of the Zoning Board of Adjustment meeting held on June 13, 2017, are attached for your review. RECOMMENDATION Staff recommends approval. Minutes Attachments

CITY OF BAYTOWN PLANNING AND DEVELOPMENT SERVICES MINUTES OF THE BOARD OF ADJUSTMENT MEETING Tuesday, June 13, 2017 The Baytown Board of Adjustment met at 4:00 p.m. on Tuesday, June 13, 2017, in the Hullum Conference Room located at 2401 Market Street, Baytown, Texas. CALL TO ORDER Members Present: Mike Wilson Chairman Gilbert Santana Member David Corder Member Barbara Wooster Member Member Not Present: Kathie Smith Member Staff present: Tiffany Foster Planning Director Karen Horner Assistant City Attorney Nathan Dietrich Senior Planning Manager Shelly Shelton Planner II Yvonne Briscoe Planner I Chairman Mike Wilson called the June 13, 2017, Board of Adjustment Meeting to order at 4:00 p.m. with a quorum present. 1. MINUTES a. Consider approving the minutes for the Board of Adjustment meeting held on March 22, 2017. Ms. Barbara Wooster motioned to approve the minutes as written for the March 22, 2016, meeting of the Board of Adjustment, seconded by Mr. David Corder. Motion PASSED unanimously. 2. VARIANCES a. Conduct a public hearing concerning a variance of the Unified Land Development Code, Article III, Division 1, Table 3-1 "Property Development Standards" to exceed the maximum lot coverage of 75% by 6% at San Jacinto Methodist Hospital, 4201, 4301, 4401 and 4301 Garth Road and 1507, 1677 and 2101 West Baker Road, Baytown, Harris County, Texas. Chairman Wilson read the procedures for public hearings. The two concerned citizens; James Caraway and Garry Gard, came to the meeting and requested that they would like for staff and the applicant to present their application so they could learn more about the project and to find out how the project was going to impact the neighborhood via the visual closeness, noise, lighting and drainage. Ms. Shelly Shelton summarized the item.

David Bernard from San Jacinto Hospital also provided a summary of why the hospital is requesting a variance. Mr. Bernard stated many reasons for the requested additional impervious surface which included a phased approach of improvements over the next couple of years in order for the hospital to grow and expand. This expansion of the overall internal hard surface footprint to their campus includes new buildings and needed additional parking. Constraints like the adjacent pipeline and Centerpoint transmission lines have made the opportunity of a vertical structured garage not feasible, so they need to rely on surface parking which is a lot more land intensive and is necessary in order for these expansions to take place. Mr. Brian Gray, the architect for the project, explained that the hospital needs more parking than is required by the City. He added that they plan to increase the buffer, add vegetation, fencing and possibly a berm. He described the drainage system to address any drainage concerns. Mr. Gray stated that the lighting will have shields to prevent lights from shining into neighboring residential homes and adding speed bumps will be evaluated in efforts to minimize speeding interior to the new parking configuration. The interested public participants asked what is the timing of the projects and if remote parking for construction workers would be considered? Mr. Bernard stated that they do not have a remote property to accommodate remote parking situation and Mr. Hardt explained that the project will be phased over the next couple of years, but initial phases could start as soon as middle of July. Chairman Wilson commented that the hospital seems to be making every effort to be a good neighbor and invited these same concerned neighbors to come to the next meeting. Chairman Wilson closed the public hearing. b. Consider granting a variance of the Unified Land Development Code, Article III, Division 1, Table 3-1 "Property Development Standards" to exceed the maximum lot coverage of 75% by 6% at San Jacinto Methodist Hospital, 4201, 4301, 4401 and 4301 Garth Road and 1507, 1677 and 2101 West Baker Road, Baytown, Harris County, Texas. Mr. Gilbert Santana had a conflict of interest due to being on the board of directors for the Hospital and was not able to vote; and since Ms. Smith was not in attendance, there was not enough voting members present to vote on Item 2.b. A meeting will be rescheduled as soon as possible for that vote to occur. 3. ADJOURN Mr. Santana motioned to adjourn, seconded by Ms. Wooster. Motion PASSED unanimously. Meeting adjourned at 4:30 p.m. Minutes of the June 13, 2017, Zoning Board of Adjustment Meeting

ZONING BOARD OF ADJUSTMENTS 2. a. Meeting Date: 07/06/2017 Public Hearing: Variance to increase the maximum lot coverage Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services Information ITEM Conduct a public hearing concerning a variance of the Unified Land Development Code, Article III, Division 1, Table 3-1 "Property Development Standards" to exceed the maximum lot coverage of 75% by 6% at San Jacinto Methodist Hospital, 4201, 4301, 4401 and 4431 Garth Road and 1507, 1677 and 2101 West Baker Road, Baytown, Harris County, Texas. PREFACE This is a public hearing regarding a variance request from San Jacinto Methodist Hospital to exceed the maximum lot coverage. The Unified Land Development Code, Table 3-1 Property Development Standards found in Article III of Division I, requires commercial development in the General Commercial Zoning District to comply with the maximum lot coverage of 75 percent. The applicant is requesting an allowance of 81 percent to provide ample off-street parking in conjunction with their renovation and expansion projects. The proposed expansion would increase the current parking total (approx 1500) by about 600 off-street parking spaces. The proposed project includes expansion of an outpatient facility and a conference center. The outpatient facility is proposed at around 84,000 square feet and the convention center is proposed at 12,500 square feet. An additional 91 more hospital beds are being proposed for a total of 330 total beds. At this time, the east half of the campus is mostly impervious surface (buildings, parking and drive aisles) and it borders a pipeline right-of-way, which is not available to the hospital for parking. The most viable option for the proposed parking is on the west half of the campus, which includes CenterPoint right-of-way. However, CenterPoint will not permit the hospital to go vertical to build a parking garage so the proposed additional off-street parking will be all surface parking. The application, supporting documents and staff report are attached for your review. RECOMMENDATION This is a public hearing.

Application and Supporting Documents Plats and Site Plans Vicinity Map Notification Area Map Staff Report Attachments

Area 2 SURGERY CENTER 59 SPACES 14 SP. 17 SPACES Area 1 353 SPACES 287 SPACES STAFF PARKING 478 SPACES 332 SPACES TOTAL EXISTING SPACES = 1540 LEGEND: EXISTING IMPERVIOUS COVER WALTER P. MOORE AND ASSOCIATES, 1301 McKINNEY, SUITE 1100 HOUSTON, TEXAS 77010 PHONE : 713.630.7300 FAX : 713.630.7396 INC. Houston Methodist San Jacinto Hospital EXISTING IMPERVIOUS COVER 2017-05-05 SCALE: 1"= 50' EX- A

12 SP. OUTPATIENT BUILDING 238 SPACES Area 2 399 PUBLIC SPACES Area 1 283 SPACES 20'-0" 315 SPACES 83'-0" STAFF PARKING 926 SPACES TOTAL PROPOSED SPACES = 2173 LEGEND: PROPOSED IMPERVIOUS COVER WALTER P. MOORE AND ASSOCIATES, 1301 McKINNEY, SUITE 1100 HOUSTON, TEXAS 77010 PHONE : 713.630.7300 FAX : 713.630.7396 INC. Houston Methodist San Jacinto Hospital PROPOSED IMPERVIOUS COVER 2017-05-05 SCALE: 1"= 50' EX- B

Garth Road µ Zoning Board of Adjustment Baker Road Baker Road San Jacinto Methodist Hospital Lot coverage increase to 81% Garth Road Emmett Hutto Boulevard Subject Property Rollingbrook Drive 146 SH 565 FM SH 99 Rollingbrook Drive 33 0 IH 10 4 235 FM SS IH 10 The City of Baytown Texas makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. 1 inch = 700 feet Date 2017-06-02

µ Bush Road Garth Road Zoning Board of Adjustment San Jacinto Methodist Hospital Lot coverage increase to 81% Properties to be Notified 300 ft. Property Owners Subject Property Baker Road Zoning GC (General Cynda Brooke Drive Baker Road Emmett Hutto Boulevard Garth Road Birdsong Drive SS 330 MF2 (Mid-Rise NSC (Neighborhood Serving OR (Open SF1 (Low Density SF2 (Mixed Res. Low/Med. IH 10IH 10 SH 146 FM 565 SH 99 FM 2354 The City of Baytown Texas makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. 1 inch = 700 feet Date 2017-06-02

Staff Report to the Zoning Board of Adjustment Meeting of June 13, 2017 Request: Applicant: Owner: Subject Property: The applicant is requesting a variance to exceed the maximum lot coverage of 75% by 6% at the San Jacinto Methodist Hospital. Emily Thurston for San Jacinto Methodist Hospital San Jacinto Methodist Hospital 4201, 4301, 4401 and 4301 Garth Road and 1507, 1677 and 2101 West Baker Road, Baytown, Harris County, Texas. Parcel Information: Zoning: General Commercial (GC) Use: Health Care Facility Surrounding Properties Information: North: Baker Road right-of-way West: Single-family residential East: Pipeline right-of-way South: Pipeline right-of-way Background: San Jacinto Methodist Hospital is requesting a variance to increase the lot coverage maximum to 81 percent. The Unified Land Development Code, Table 3-1 Property Development Standards found in Article III, Division I requires commercial development in the General Commercial Zoning District to comply with the maximum lot coverage of 75 percent. The applicant contends that a variance is needed to provide additional off-street parking with the expansion of the hospital facilities. The proposed expansion would increase the current parking area by a little more than 600 offstreet parking spaces. The proposed project includes both expansions of an outpatient facility and a conference center which are around 84,000 square feet and 12,500 square feet, respectively. An additional 91 hospital beds are also being proposed for a total of 421 beds. At this time, the east half of the campus is mostly impervious surface (buildings, parking and drive aisles) and it borders a pipeline right-of-way which is not available to the hospital for parking and is not calculated as part of their green space. The most viable option for the proposed parking is on the west half of the campus. This area includes a large CenterPoint right-of-way, which again is not considered in the campus acreage since it is not owned by the hospital. CenterPoint will not permit the hospital to go vertical with a parking garage due to the overhead power lines. The new parking is proposed as surface parking. To move forward with the expansion the applicant is requesting a six percent (6%) increase in the lot coverage maximum, from 75 percent to 81 percent.

In order to approve an application for a variance, the Board of Adjustment shall make an affirmative finding that the following criteria are met: 1. Ensures the same general level of land use compatibility as the otherwise applicable standards; Most of the surrounding area is zoned General Commercial (GC) so the proposed land use is compatible. However, to the west of the development the current land use and zoning is single-family residential. The ULDC ensures that uses that are dissimilar must meet Compatibility Standards to mitigate for any nuisances i.e., 20 feet of open space and screening are required between GC and SF2. The proposed development will meet all other regulations with regard to Subdivision, Building, Engineering, Health, etc. 2. Is not a hardship of the applicant's own making; The development standards with regard to lot coverage maximum put forth in the ULDC are not one size fits all; however, the standards are applicable to all types of development. San Jacinto Methodist Hospital is an existing development that needs to expand to meet current health care needs. The request for the variance is not based on a hardship of the applicant s own making. The overall growth in the medical industry due to the graying of America and the advancements in the medical field that require more staff to operate equipment spurs the need for additional parking for patients, visitors, and staff. The agreement with CenterPoint that does allow vertical construction and and the lack of available land makes it difficult for adequate expansion at this location. 3. Does not adversely affect adjacent land uses and the physical character of uses in the neighborhood in which the exception is sought because of inadequate buffering, screening, setbacks and other land use considerations; The requested variance would not adversely affect the commercial adjacent land uses. The overall physical character will stay the same as the development already exists. With regard to the adjacent single-family development to the west, buffering and screening are required to minimize conflicts between incompatible land uses. To ensure that the sanctity of the existing adjacent single-family development is maintained there are two recommendations that could be considered and implemented as conditions to granting the variance; The hospital must maintain the existing green space and vegetation on the west side of the campus between and adjacent to the single-family and the hospital (at this time the proposed plan shows more than 80 feet of green space between the hospital and existing single-family development). The required 20 feet of open space between the proposed outpatient center along W. Baker and the existing single-family development to the south must be landscaped using the standards found in Sec. 18-1206 Streetscape. 4. Does not adversely affect property values of adjacent properties in any material way and will improve the property value of the property for which the exception is sought; This development will have a positive impact on surrounding areas. Baytown residents will benefit because there will be more choices to meet their needs. Quality hospitals, schools,

churches, and parks are part of the infrastructure that make this City a desirable place to locate a business or make a home; offering more services in Baytown will add even more to the appeal of this community. Expanding to meet the needs of the community it serves will increase the intrinsic value of the hospital as well, while adding the brick and mortar facilities will increase the overall monetary value. 5. Furthers the goals and vision of the city as set forth in the comprehensive plan, the vision statement, and an applicable neighborhood plan or redevelopment plan adopted by the city council; One of the primary tenets of economic development is retaining existing businesses. It is critical as Baytown manages growth during this economic boom time to encourage expansion of local businesses as well as attracting new businesses. As businesses weigh their options, regulations and policies affect their decision making processes. If existing businesses cannot expand to accommodate, then there is no desire or ability for them to stay. Throughout the City, there is a lot of development going on but we cannot forget that existing services and businesses are stakeholders. Therefore, it is crucial to provide some elasticity to the current codes to accommodate the expansion of existing businesses so they remain in Baytown. This development meets the City s Infrastructure Policies for Growth Capacity as stated in the Comprehensive Plan e.g., To encourage development in close proximity to existing infrastructure. As a City, it s crucial to manage growth that includes expansion of existing development where water, sewer and streets already exist, as well as new development. We as the City are trying to manage these resources rather than continuing the leap frog development that stresses resources, time, money, and land. One avenue for allowing the expansion of existing development is applying some elasticity to current standards. It s also Baytown s Vision, as stated in the Comprehensive Plan To be a community that is prepared for and amenable to new development while recognizing the fundamental importance of its established neighborhoods, commercial corridors, and historic areas. This development also fulfills the Comprehensive Plan Goals for Land Use, which states, Development patterns resulting in the efficient use of land, infrastructure, and fiscal resources. As this project is an expansion of an existing development, adequate public facilities exist so we can capitalize upon existing vs. future resources. 6. Is generally consistent with the purposes and intent of this chapter; Section 1-1 states The purpose of the Unified Land Development Code is to promote the health, safety and general welfare by promoting safe, orderly and economical sustainable development. The purpose of the code will be met as the proposed development will comply with all ordinances in regards to safety. As the location has adequate public facilities and is an expansion to an existing development, it is far more sustainable than development along the fringe. As it is the intent of the code to further the goals of the Comprehensive Plan, this development will meet the intent as the proposed use is permitted by-right in the zoning district (the best way to implement the Plan and provide predictable land uses). Aesthetic requirements, such as, design and landscaping for the building and site, will be met.

7. Is needed as special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same district and are not merely financial; As stated above in the Background, the east half is of the campus has very little space to allow for parking expansion due to pipeline and Utility rights of way. Since the hospital cannot go vertical for structured parking due to the prohibition enforced by CenterPoint, (which would be the most convenient location for a parking garage from a patient s perspective), the proposed additional parking would be surface parking which is more land intensive. 8. Is necessary as literal interpretation and enforcement of the terms and provisions of the dimensional standards would deprive the applicant of rights commonly enjoyed by landowners in the same district and would cause an unnecessary and undue hardship; The literal interpretation of the code and enforcement of the maximum lot coverage would not permit the hospital the number of parking spaces that is recommended in the supporting documents. Existing development without the opportunity to acquire more land or go vertical should be granted some elasticity with regard to development standards as long as codes that ensure safety are met. Some of the existing development in the general vicinity (and zoned GC) is basically all impervious surface because the standards have become stricter with the adoption of the ULDC. The standards and codes that work for today s development don t always work for existing development without variances. 9. Is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this chapter and would result in substantial justice; The minimum action necessary would meet the spirit of the code as the variance does not compromise the health, safety or welfare of the residents of the City of Baytown. Granting the variance would result in substantial justice for the developer as they have a desire to meet the needs of Baytown residents while maintaining the agreement with CenterPoint and complying with the City of Baytown Code of Ordinances. 10. Will bring the existing and proposed structure closer into compliance with this chapter or will otherwise improve or enhance public health, safety or welfare. The variance will improve and enhance public health, safety and welfare as the residents of Baytown will have more choices with regard to their healthcare choices.

ZONING BOARD OF ADJUSTMENTS 2. b. Meeting Date: 07/06/2017 Consideration - Variance to increase the maximum lot coverage Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services Information ITEM Consider granting a variance of the Unified Land Development Code, Article III, Division 1, Table 3-1 "Property Development Standards" to exceed the maximum lot coverage of 75% by 6% at San Jacinto Methodist Hospital, 4201, 4301, 4401 and 4431 Garth Road and 1507, 1677 and 2101 West Baker Road, Baytown, Harris County, Texas. PREFACE Consider granting a variance request from San Jacinto Methodist Hospital to exceed the maximum lot coverage. The Unified Land Development Code, Table 3-1 Property Development Standards found in Article III of Division I, requires commercial development in the General Commercial Zoning District to comply with the maximum lot coverage of 75 percent. The applicant is requesting an allowance of 81 percent to provide ample off-street parking in conjunction with their renovation and expansion projects. The proposed expansion would increase the current parking total (approx 1500) by about 600 off-street parking spaces. The proposed project includes expansion of an outpatient facility and a conference center. The outpatient facility is proposed at around 84,000 square feet and the convention center is proposed at 12,500 square feet. An additional 91 more hospital beds are being proposed for a total of 330 total beds. At this time, the east half of the campus is mostly impervious surface (buildings, parking and drive aisles) and it borders a pipeline right-of-way, which is not available to the hospital for parking. The most viable option for the proposed parking is on the west half of the campus, which includes CenterPoint right-of-way. However, CenterPoint will not permit the hospital to go vertical to build a parking garage so the proposed additional off-street parking will be all surface parking. The application, supporting documents and staff report are attached to the previous agenda item. RECOMMENDATION