CITY OF BAYTOWN
PLANNING AND DEVELOPMENT SERVICES
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
February 17, 2015
The Planning and Zoning Commission met at 5:00 p.m. on Tuesday, February 17, 2015, in the Council
Chamber at Baytown City Hall located at 2401 Market Street, Baytown, Texas.
Members Present:
Spencer Carnes
Shawn McDonald
Bo Cox
Pete Côté
R.D. Burnside
Benjamin Boul
Donna Winfrey-Varner
Gilbert Chambers
Brandon Benoit
Chairman
Vice-Chair
Member
Member
Member
Member
Member
Member
Member
Staff Present:
Tiffany Foster
Kevin Cummings
Karen Horner
Nathan Dietrich
Shelly Shelton
Harold Cheek
Nai Mongiello
Planning Director
Assistant Planning Director
Assistant City Attorney
Senior Planning Manager
Planner II
Comprehensive Planner
Administrative Assistant
CALL TO ORDER
Chairman Spencer Carnes called the February 17, 2015, Planning and Zoning Commission meeting to
order at 5:00 p.m., with a quorum present.
1. MINUTES
a. Consider approving the minutes of the January 20, 2015 Planning and Zoning Commission
Meeting.
Mr. Pete Côté made a motion to approve the minutes as written for the January 20, 2015 meeting of the
Planning and Zoning Commission, seconded by Mr. Bo Cox. Motion PASSED unanimously.
2. PLATS
Chairman Spencer Carnes read the procedures for public hearings and stated that these procedures will
apply to all public hearings before the Commission.
a. Conduct a public hearing regarding Pruett and Lobit Church of Christ of Baytown Final
Plat, an approximately 3.9-acre subdivision, located on the southwest corner of Archer
Road and East Road, Baytown, Texas, and being a replat of Lots 3 and 4 and the adjoining
north 155.61 feet of Lots 9, 10, 11, and 12, Block 2 of East End Addition, Harris County,
Texas.
Mr. Harold Cheek summarized the item adding the intent of the church is to construct a building on the
property. He asked the Commission to take note of the 10 feet dedicated for right-of-way on the south
side of Archer Road.
There being no one desiring to speak, Chairman Carnes closed the public hearing.
b. Consider approving Pruett and Lobit Church of Christ of Baytown Final Plat, an
approximately 3.9-acre subdivision, located on the southwest corner of Archer Road and
East Road, Baytown, Texas, and being a replat of Lots 3 and 4 and the adjoining north
155.61 feet of Lots 9, 10, 11, and 12, Block 2 of East End Addition, Harris County, Texas.
Mr. Harold Cheek stated that this item is for the consideration of the previous item.
Mr. Bo Cox motioned to approve the final plat, seconded by Ms. Donna Winfrey-Varner. Motion
PASSED unanimously.
3. ZONING
a. Conduct the second public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 7.2 acres located at the southwest corner of Crosby Cedar
Bayou Road and Interstate Highway 10 out of and a part of Lots 24 and 25 of Block 19 of
Highland Farms Subdivision in the George C. Davis Survey, Abstract No. 1472, Harris
County, Texas, from an Open Space/Recreational (OR) District to a General Commercial
(GC) District.
Ms. Shelly Shelton summarized the item adding that the process of annexing this property is running
concurrently with the rezoning process. The intent of the applicant is to construct an orthopedic medical
facility; the property is currently vacant.
Mr. Gil Chambers asked how much of the property is currently in the City. Ms. Shelly Shelton stated that
of the ten acres that the property owner purchased, three acres are in the City and zoned GC.
There being no one desiring to speak, Chairman Carnes closed the public hearing.
b. Consider making a recommendation and preparing a report concerning a proposed
amendment to the official zoning map to rezone approximately 7.2 acres located at the
southwest corner of Crosby Cedar Bayou Road and Interstate Highway 10 out of and a part
of Lots 24 and 25 of Block 19 of Highland Farms Subdivision in the George C. Davis
Survey, Abstract No. 1472, Harris County, Texas, from an Open Space/Recreational (OR)
District to a General Commercial (GC) District.
Ms. Shelly Shelton stated that this item is for the consideration of the previous item.
Mr. Pete Côté motioned to approve the zoning map amendment, seconded by Mr. R.D. Burnside. Motion
PASSED unanimously.
c. Conduct the second public hearing concerning a proposed amendment to the official zoning
map to rezone approximately 209 acres, located at 1530 Evergreen Road and legally
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described as tracts 4A, 4G, and 4H, William Scott Survey, Abstract No. 65, Harris County,
Texas, more commonly known as Evergreen Point Golf Club from an Open
Space/Recreation (OR) District to a Mixed Residential at Low to Medium Densities (SF2)
District.
Mr. Harold Cheek summarized the item adding that the site is currently an operating golf course;
however, the owner desires to sell the golf course to be redeveloped. The developer is proposing a phased
development of approximately 732 single-family homes. Evergreen Fairways subdivision is embedded
within the proposed development. The first public hearing of this item was on January 20, 2015.
Ms. Tiffany Foster reminded the Commission that this item refers to an application for a land use change
of approximately 209 acres, from OR to SF2. This consideration is not discussing on whether the golf
course should close, or whether the City should purchase this property and operate it as a golf course; that
is not what is being proposed to consider. Please keep in mind that golf courses, as well as single-family
homes, are allowable uses in an SF2 zoning designation. Chairman Spencer Carnes asked if golf courses
are allowed in SF1 as well as SF2. Ms. Tiffany Foster answered in the affirmative.
Mr. Gary L. Gill, a long-time resident and golfer, stated that losing the last golf course in Baytown would
be a negative thing.
Mr. Melvin Roark asked that his speaking time be given to Sandy Wilkerson.
Ms. Dwayla Cargill is opposed to rezoning the property and hopes that all involved parties can work
together to keep the golf course intact. She believes that a golf course would be a desirable anchor for the
Master Planned Community. She is concerned that the developer will not build what is currently
proposed.
Mr. Stan Cargill yielded his time to Annie Moulder.
Mr. Martin Cooper yielded his time to Annie Moulder.
Ms. Jan Strubbe is opposed to rezoning the property. She believes that an amenity is needed on the south
side of the City as well as a venue for banquets and the like. If the course closes high school golf
programs would be in jeopardy, bald eagles and other wildlife will be compromised and feral animal
populations will not be controlled. In addition, closing the golf course is incongruous with the 2025
Comprehensive Plan.
Ray Crunk is opposed to rezoning the property and cites decreased property values, increased criminal
activity and increased traffic resulting in safety issues. He believes that the course could be profitable if
managed well. If rezoned, he would like for the property to be rezoned to SF1 allowing for fewer homes
and no duplexes.
Mr. Rob Pelle deferred his time to Mr. Matt Kornhauser.
Mr. Tony Vasquez deferred his time to Mr. Matt Kornhauser.
Mr. David Gonzales wishes for the space to be preserved as a golf course for high school golf teams and
other golfers. He feels that removing the course would devalue his home.
Mr. Tim Hazelwood, on behalf of Hazelwood Enterprises, is requesting the zoning change. There has
been a lot of interest in keeping the course open; he is interested in doing what the City would propose.
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They have had discussions with the City and Texas Capital to reach a solution. The City has hired a
consultant to study whether the City should buy the course. The market study and the City’s interest do
not affect the contract with Texas Capital; the SF2 zoning is still needed. He is open to working with the
City.
Mr. R.D. Burnside is concerned that if no action is taken, the condition of the space will deteriorate. Mr.
Tim Hazelwood stated that they have struggled to keep the course open; he believes that there can be a
positive solution.
Ms. Janice Rea deferred her time to Sandy Wilkerson.
Ms. Annie Moulder, Secretary of the Evergreen HOA, stated that:
the proposed use does not fulfill Baytown’s goal of encouraging and maintaining recreational
facilities and park or open space area or Baytown’s goal of promoting athletic activities.
Residential development in the area is not anticipated in the 2025 Comprehensive Plan. Road
infrastructure is still in the planning stages and not yet in place. Further residential development
without the sufficient roadway network will lead to increased traffic and limit the accessibility of
the proposed community. The proposed plan seeks to eliminate the most desirable amenity in
town; the only golf course that remains open.
the proposed rezoning conflicts with the 2025 Plan in which the Comprehensive Plan seeks to
maintain the land as parks/open space and the surrounding land as rural/vacant. The proposed
rezoning is an attempt to maximize the value of the adjacent commercial tract that is owned by a
prospective buyer. The US Golf Association has defined benefits that golf courses offer
including; wildlife habitat, protecting topsoil from erosion, improved community aesthetics,
absorbing and infiltrating rain, improving health, reducing stress, improving air quality, capturing
runoff in urban areas and making substantial contributions to the community’s economy. The
potential to increase revenue to the City does not outweigh the existing social and environmental
benefits that the golf course provides.
The proposed site plan does not seem to include water features. Further development and
replacement of the green space will result in increased runoff and traffic as well as create density
concerns that would impact ingress and egress of the subdivision delaying response times for first
responders. The increase in tax revenue will come at the cost of destroying the value of the
homes located in the golf course community. The proposed redevelopment plan ignores the
health, safety and general welfare of the adjacent homeowners. Opportunities for health
improvement and stress reduction will diminish as the result of the proposed development. The
proposed plan does not consider the diminished value of golf course lots which will no longer
exist. Community aesthetics will be reduced with the removal of green space and the addition of
impervious cover. It will mean that 200 acres of lush green space will be replaced with 700 home
sites.
Ms. Sandy Wilkerson, President of Evergreen HOA, stated that:
adequate facilities are not in place to support the proposed master planned community.
Authorizing the proposed development without adequate facilities in place is a risk that should
not be taken. The golf course and adjacent subdivision sit at or above sea level and there is a
heightened risk of flooding due to the lack of facilities.
the applicant has not provided evidence in support of their claim that the golf course is not a
viable use of the land. There are several golf course communities in the vicinity that are viable.
The proposed plan is self-serving and does nothing that can be deemed considerate to the
surrounding homes. The proposed redevelopment plan will destroy the aesthetic asset around
which the subdivision was created.
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the construction of 700 homes would have a huge impact on the natural environment including
water quality, air quality, stormwater quality, wildlife, vegetation and wetlands. Flood impact
studies would reveal that the subdivision will be endangered with the elimination of 200 acres of
green space which contains area for water detention and other facilities. The land would no
longer be able to absorb and filter rain at the same rate. The amount of runoff captured from
driveways and parking lots that house vehicles and dumpsters will increase the potential for water
quality issues in neighboring water ways. The amount of wildlife on site will be dramatically
reduced as a result of the amount of construction activity required for the proposed
redevelopment. Other factors that impact wildlife include the installment of impervious surfaces
and increased human and vehicular traffic.
as a result of the significant reduction of turf and trees, air quality will be diminished as there will
be fewer methods of offsetting the effects of vehicles and hvac units along with the chemical
plants in the area. Turf and trees promote a cooler environment while asphalt and widespread
construction will promote the urban heat island effect. Noise pollution will increase from
construction and post-occupancy traffic and the numerous impervious surfaces will increase the
urban heat island effect. Replacement of topsoil with impervious surfaces compromises topsoil.
a demonstrated need for significant additional single-family residential housing she feels does not
exist. Baytown’s FLUP describes the need for single-family homes that support the growth of
downtown and homes that connect the City’s current neighborhoods, commercial sites and local
schools. The proposed master planned community does not meet any desired quality included in
Baytown’s FLUP. The golf course provides residents with a recreational facility and communitybased meeting area that adds to the quality of life in Baytown. Enhanced quality of life, green
space is a demonstrated community need that greatly outweighs an additional 700 home sites.
The proposed redevelopment will negatively impact the land values for both golf course and
interior lot owners. Studies have shown that residential lots fronting on golf sources tend to be
worth 20% – 60% more than comparable lots not on a golf course. Any redevelopment plan that
does not consider the economic impact on the neighboring homeowners should not be considered.
Therefore, based on our own application requirements, we feel that your recommendation to the
City Council must be no.
Mr. Matthew Kornhauser, a lawyer with Hoover Slovacek LLP representing the HOA, stated that there
are important legal principles to be raised; the golf course has a restriction until June 2015 that limits the
property to golf course use only, there is also the principle of implied reciprocal negative easements as
well as local government code that deals with replatting. When replatting a golf course that is part of a
subdivision community you must prove that; there is adequate infrastructure, the development will not
have an adverse effect on utilities, general welfare or safe healthful development of the municipality, will
not have adverse effect on property values and must be consistent with applicable land use regulations in
appropriate public documents. It seems most unlikely that the replat of this property will meet all the
requirements. If 20% of the community signs a petition, it will take three-fifths of the body of the
Planning Commission and City Council to approve the replat application.
Ms. Mary Litton declined to speak.
Mr. Robby Tietz is opposed to rezoning the property. Although he agrees that the Hazelwoods have
every right to sell the property, he feels that it is unfair to the property owners.
Ms. Gayl Fritz is opposed to rezoning the property. She feels that it will have a negative impact on the
community and the future of Baytown to take the one amenity that the area has to offer.
Chairman Spencer Carnes asked Ms. Karen Horner about the legal description. Ms. Karen Horner replied
that prior to adopting zoning the City could enforce private deed restrictions to the extent that it affected
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the character of the neighborhood. Upon adoption of zoning, the City could no longer enforce private
deed restrictions; the City enforces zoning. Private covenants are enforced by the HOA.
There being no one else desiring to speak, Chairman Carnes closed the public hearing.
d. Consider making a recommendation and preparing a report concerning a proposed
amendment to the official zoning map to rezone approximately 209 acres, located at 1530
Evergreen Road and legally described as tracts 4A, 4G, and 4H, William Scott Survey,
Abstract No. 65, Harris County, Texas, more commonly known as Evergreen Point Golf
Club from an Open Space/Recreation (OR) District to a Mixed Residential at Low to
Medium Densities (SF2) District.
Mr. Harold summarized the item again adding that this is the consideration item for the previous item.
Mr. Brandon Benoit motioned to approve the amendment to the zoning map, seconded by Mr. Pete Côté.
Mr. Shawn McDonald stated that he can’t recall any sizable housing projects built south of Massey
Tompkins or Rollingbrook in the last 20 years other than Evergreen Fairways which still has lots for sale.
He feels that any builder being able to sell over 700 lots in this area is unlikely; what happens if they are
not successful.
Ms. Donna Winfrey-Varner asked when the results of the viability study, being performed by a consultant
hired by the City, will be available. Ms. Tiffany Foster stated that it is her understanding that the report
will be available in April. Ms. Donna Winfrey-Varner also feels that selling over 700 lots is unlikely and
is concerned about significantly reducing the amount of green space.
Chairman Spencer Carnes asked if the land in question is in the floodplain. Ms. Tiffany Foster stated that
although she does not know the exact percentage, some of the land is in the floodplain. Chairman
Spencer Carnes restated that a golf course is an allowed use in SF1 and SF2.
Mr. Bo Cox stated that he does not feel that it is in the Commission’s purview to discuss business values
and whether or not a business will be successful; the Commission’s responsibility is to set forth the
zoning per the code and pertinent documents.
Mr. R.D. Burnside feels that the City’s only choice is to buy the land and continue operating it as a golf
course. He asked if a golf course is an allowed use in an SF2 zoning district; Ms. Tiffany Foster said
clubhouses, parks, golf courses and single-family developments are all allowed uses in SF2.
Mr. Brandon Benoit feels that the Commission must stay focused on the facts of the application and how
it will affect the City; he feels that an SF2 zoning is appropriate in this case.
Ms. Tiffany Foster reiterated that the Commission’s duty is to consider the land use not whether or not the
course closes or the City purchases the property. The replatting process a golf course has to go through is
different but must be approved by the Commission.
Ms. Donna Winfrey-Varner asked if the Commission has the option to wait for the viability study is
complete to make a decision on the rezoning of the property. Ms. Karen Horner stated that in some cases
that is an option but not in this case because the study has nothing to do with the land use.
Mr. Shawn McDonald feels that considering the economic feasibility of a project is appropriate for the
Commission.
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With no further discussion, Chairman Spencer Carnes called for a vote by the Commission. Chairman
Spencer Carnes , Mr. Bo Cox, Mr. Pete Côté, Mr. R.D. Burnside, Mr. Gilbert Chambers and Mr. Brandon
Benoit voted in favor of approving the zoning amendment and making a recommendation to City
Council, Mr. Shawn McDonald, Mr. Benjamin Boul and Ms. Donna Winfrey-Varner were opposed.
Motion PASSED.
Mr. Gil Chambers motioned that the Commission make a recommendation to City Council that this
property continue to operate as a golf course; he cited the danger posed by a storm surge from a hurricane.
Chairman Spencer Carnes stated that the motion should be an item on a future agenda and Ms. Karen
Horner stated that it is not appropriate for the Commission to discuss at this time; she further stated that
the Commission determines what the zoning should be, not specifically how the land is used. She will
look into whether the Commission may suggest to Council specifically how they feel the land should be
used.
Ms. Tiffany Foster stated that she doesn’t feel that it is appropriate for the Commission to make such a
recommendation any more than it would be appropriate for them to recommend to a developer who
desired to rezone a property to GC, to build a hotel on the property. She used this example to illustrate
the principle. She added that upon review, if it is within the Commission’s purview to make such a
suggestion, it will be added to an agenda to discuss.
4. DIRECTOR’S REPORT
Director Tiffany Foster commented that the following items have gone before City Council with the
following results: Lynwood subdivision rezoning to SF2 was approved, former site of Casa Linda
Apartments rezoning from MF to GC was approved and the property at South Road and Garth Road
rezoning from GC to MF2 was approved.
Mr. Gil Chambers asked if the traffic study had been completed and Ms. Tiffany Foster said yes; the
recommendations currently being reviewed by the City Engineering Dept and will determine what
direction to take based on these recommendations.
6. ADJOURN
Chairman Spencer Carnes called for the meeting to adjourn at 6:20 p.m.
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