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Voter Affirmed Zoning - To Be Re-Written Without Voter Approval !!! Plans underway to "black line" or eliminate section of existing Zoning Ordinance which REQUIRE voter referendum to make substantive changes. Thus giving complete control of Zoning to this or any future City Council.
Is "A Sweet Deal for Developers" a "Pandora's Box" for citizens and property owners ? Recent Baytown Sun Article Baytown P&Z reviews draft of zoning district An overlay district is a special zoning area that exists on top and in conjunction with existing zoning categories. The purpose for the overlay district is to allow a developer an opportunity to achieve special zoning conditions throughout their project. For instance, a developer of a big neighborhood could get an overlay district to allow them to use curved streets and build public amenities, like a neighborhood pool or a park, without violating regular zoning standards or having to get portions of the project rezoned. By using the overlay district, the developer also prevents them from having to apply for a separate zoning variance every time they want to change something — they get uniform standards throughout the overlay district. Each new overlay district could have unique guidelines to allow versatility in the city’s zoning and development process. This means that if a builder wanted to make a portion of the neighborhood lots smaller for town-home construction and narrow the traffic lanes to install a bike lane, the city could drop an overlay district on their property to allow a variance from normal street widths as well as lot width. From the city perspective, the amendment serves twofold: it gives the developer a chance to get variances to do the things they want with their project, but it also allows the city to watch over the project and ensure the construction is done properly. Baytown planning and development director Greg Stubbs said overlay districts encourage growth and also give the city a failsafe for ensuring the quality of a development. Every overlay district would have to be reviewed and approved by city council, so the idea that a builder could get an overlay district for something that would threaten public safety or the quality of life, like extremely small lots or one-lane streets, is impractical. “We are looking at making a more beautiful Baytown,” Stubbs said. “Bottom line, we are looking at creating residential, commercial and industrial areas that improve Baytown.” Stubbs said the amendment would also allow future changes to the zoning code by taking out a section of the zoning code that requires voter approval for any change to the code. City legal officials expressed that this provision was not constitutional in that it is illegal for a city council to restrict the powers of a future council. In other words, council cannot pass an ordinance with a provision that the ordinance cannot be overturned or changed by a future city council. The first time this overlay district would be used is likely for the Spring Water Village master plan community, which is a 404-acre neighborhood under design that could mean 1,400 homes for Baytown. The developer, Park Lake Communities, has land just south of Interstate 10 east of Decker Drive past Thompson Road west to the railroad tracks. Stubbs said this development could definitely benefit from a planned unit development overlay district. “We feel it will fit this developer and other developers for future growth in this city,” Stubbs said. The city planning and zoning commission read the first draft of a PUD overlay district ordinance Wednesday. Chairman of the commission, Joe Floyd, said he thought the meeting was a good opportunity for people to read the ordinance and give feedback to administrators. “I thought it was a good document to stimulate the right people thinking about this and asking the right questions,” Floyd said. “The concept is good, I am not familiar with it from any other cities, but talking with people who have been involved with this it can be very useful in encouraging and controlling development.” Floyd said the nest step in the process is to get feedback from the public. He said the next commission meeting, tentatively scheduled for Feb. 15 at 5:30 p.m., would be the most likely place and time to hold a public hearing.
Planning and Zoning Commission - MembersNine Members Duties: To review and recommend proposed changes in all land development ordinances; study plans and plats of proposed developments and approve plats that meet all standards; perform all duties and functions of a capital improvements advisory committee; recommend changes in the thoroughfare plan and traffic control devised, regulations and improvements; hear and decide requests for variances and special use permits; develop an action strategy to accomplish the objectives of the City’s comprehensive plan; recommend the boundaries of the zoning district and recommend appropriate regulations for each zoning district; and perform such other duties assigned by City Council.
Email planning@baytown.org for more information. |
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Send mail to propertyrights@baytowncitizens.com with questions or comments.
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