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    2. a.    
BAYTOWN CITY COUNCIL MEETING
Meeting Date: 06/25/2020  
Subject:    Ordinance: Consider Approving the Declaration of Covenants, Conditions and Restrictions for Gateway 10 Business Park
Prepared for: Karen Horner Prepared by: Karen Horner, Legal
Department: Legal  

Information
ITEM
Consider an ordinance approving the Declaration of Covenants, Conditions and Restrictions for Gateway 10 Business Park, located on the southwest corner of Interstate Highway 10 and Sjolander Road.
PREFACE
This proposed ordinance approves the Declaration of Covenants, Conditions and Restrictions for Gateway 10 Business Park, which is proposed to be annexed into Harris County Municipal Utility District No. 473 (the "District").  These covenants, conditions and restrictions govern and control the development of the 58.708 acres at IH-10 and Sjolander Road.  It is the City's goal is to mitigate the traffic on Sjolander Road, to ensure proper drainage of the development, and to enhance the overall development of the property.   

The following are some of the restrictions included in the declaration:

  1. Green Belt Reserve.  A Green Belt Reserve has been created that will be situated along the western side of Sjolander.  It will contain the detention and landscaping providing a 390 foot buffer between the buildings and Sjolander.
  2. Emergency Access Only to Sjolander.  The connection of a new road to Sjolander has been restricted to an emergency vehicle access gate only.  There will be no through traffic onto Sjolander.  All traffic must enter/exit onto the feeder of I-10.
  3. Right-of-Way Dedication.  There will be a dedication of 30 feet of land along Sjolander to facilitate a future improvement of the road.
  4. Masonry Requirements.  The buildings will be constructed to meet or exceed the masonry and architectural standards listed in the ULDC.  
  5. Prohibited Uses.  Certain uses normally allowed in the LI zoning district will be prohibited.  Some of those prohibited uses include: manufactured home or RV park, labor camp, junk yard, stock yard, auto body shop except as part of an auto dealership, medical waste storage or disposal, towing yard, truck stop, truck terminal, recycling center, self-storage facility, and RV storage. Additionally, the following are the uses that will be prohibited within the first 350 feet from IH-10: container, laydown yard, packaging, outdoor storage, outdoor sales and displays, and vehicle repair, commercial
  6. Building Height.  Building are limited to a maximum height of 35' measured to the top of the eaves, 45' measured to the top of the roof, and no more than two stories; however, office buildings abutting I-10 may exceed such height and are limited only by the height restrictions of the ULDC.
  7. Building Size.  Building size is limited to  30,000 square feet in building footprint for any building that does not abut I-10.  Building size is limited to 50,000 gross square feet in building footprint for any building abutting I-10.   
  8. Loading Docks/Garages.  Loading docks and garages may not face I-10 or Sjolander.

The City is a party to the restrictions and, therefore, has the right to approve all amendments of the declaration affecting these additional restrictions, and to enforce the same. 

RECOMMENDATION
Attachments
Ordinance - Declaration of Covenants, Conditions and Restrictions for Gateway 10 Business Park
Exhibit A - Declaration of Covenants, Conditions and Restrictions for Gateway 10 Business Park

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