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Ordinance No. 12,984ORDINANCE NO. 12,984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT TO SBE CHEMICAL PARTNERS I LLC, FOR THE DEVELOPMENT OF A PROCESS MANUFACTURING FACILITY THAT WILL CONVERT PETROCHEMICAL FEEDSTOCK INTO A FINAL OLEFIN PRODUCT TO BE LOCATED ON APPROXIMATELY 80 ACRES, AT 9300 NEEDLEPOINT ROAD, LOCATED BETWEEN NEEDLEPOINT ROAD AND THE SOUTH SIDE OF INTERSTATE HIGHWAY 10, LEGALLY DESCRIBED AS TRACT 9G, WILLIAM BLOODGOOD SURVEY, ABSTRACT NO. 4, HARRIS COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, SBE Chemical Partners I LLC, filed an application for a special use permit for the development of a new process manufacturing facility that will convert petrochemical feedstock into a final olefin product on property that is currently zoned as Heavy Industrial (HI); and WHEREAS, a process manufacturing facility that will convert petrochemical feedstock into a final olefin product is a permitted use with conditions in the HI zoning district; and WHEREAS, one of the required conditions for the development of a process manufacturing facility in the HI zoning district is a special use permit; and WHEREAS, the Planning and Zoning Commission held public hearings on August 18, 2015 and September 15, 2015; and WHEREAS, on September 15, 2015, the Planning and Zoning Commission voted to recommend approval of the special use permit, with the condition that a minimum of 200 feet of vegetation along Cedar Bayou be preserved and maintained in order to provide erosion control for the bank of Cedar Bayou; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The facts and recitations contained in the preamble of this ordinance are hereby found and declared by the City Council of the City of Baytown, Texas, to be true and correct. Section 2: That the City Council of the City of Baytown, Texas, hereby grants a Special Use Permit to SBE Chemical Partners I LLC, for the development of a process manufacturing facility that will convert petrochemical feedstock into a final olefin product to be located on approximately 80 acres, at 9300 Needlepoint Road, located between Needlepoint Road and the south side of Interstate Highway 10, legally described as Tract 9G, William Bloodgood Survey, Abstract No. 4, Harris County, Texas. A copy of said permit is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the Special Use Permit incorporated herein. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. , INTRODUCED, READ and PASSED by the affirmativ ote of the City Council of the City of Baytown this the 8th day of October, 2015. 1 14 ATT ICIA BRYSCH, City erk APPROVED AS TO FORM: NACIO RAMIREZ, SR. ty Attorney STYPHEN H. DONCARLOS, Mayor 0s To 0� v � ice•/ O F 'f *' 1TOBFSOFLegal\Karen \Files,City Council '.Ordinances\2015'+October 8 SLIMOAcresia930ONeedlepointRoad .doc Exhibit "A" Special Use Permit No. 2015 -002 SPECIAL USE PERMIT WHEREAS, an application together with the requisite site plan for a Zoning Special Use Permit ( "SUP "), which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, was completed by Thomas M. Suffield for and on behalf of the land owner SBE Chemical Partners (the "Applicant ") for property at 9300 Needlepoint Road, legally described as Tract 9, William Bloodgood Survey, Abstract No. 4, Harris County, Texas, being approximately 80.0 acres of land located between Needlepoint Road and the south side of Interstate Highway 10, and submitted to the Director of Planning and Development Services (the "Director ") on a form prescribed by the Director; and WHEREAS, the Director reviewed the application and prepared a staff report; and WHEREAS, the Planning and Zoning Commission (the "Commission ") conducted a public hearing on the application; considered the application, the staff report, the relevant supporting materials, and public testimony given at the public hearing; and recommended approval to the City Council, subject to a certain additional condition; and WHEREAS, the Commission prepared and delivered a report and recommendation to the City Council to approve the proposed SUP subject to the condition set forth in Section 2 of this ordinance based upon the criteria enumerated in Section 1.26 (e) of the Unified Land Development Code ( "ULDC "); and WHEREAS, after receiving the report of the Commission, the City Council conducted a public hearing on the SUP application and considered the application, the staff report, the relevant supporting materials, and public testimony given at the public hearing; and WHEREAS, the City Council thereafter made an affirmative finding that all of the following conditions listed in Section 1.26 (d) "Approval criteria for special use permits" of the ULDC have been met: (1) That the specific use will be compatible with and not injurious to the use and enjoyment of adjacent property or property immediately across the street, and not significantly diminish or impair property values within the immediate vicinity in any material way; (2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding property; (3) That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided prior to the issuance of a certificate of occupancy; (4) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, light, noise and vibration prior to the issuance of a certificate of occupancy; Special Use Permit, Page 1 Special Use Permit No. 2015 -002 (5) That there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property; (6) That the proposed use is in accordance with the comprehensive plan and generally consistent with the ULDC; and (7) That the site plan meets the criteria set forth in Section 1.26(e) of the ULDC; NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The findings contained in the preamble hereof are declared to be true and correct and are hereby adopted. Section 2: A Special Use Permit for a heavy industrial use as described in Exhibit "A" is hereby granted on property at 9300 Needlepoint Road, legally described as Tract 9, William Bloodgood Survey, Abstract No. 4, Harris County, Texas, being approximately 80.0 acres of land located between Needlepoint Road and the south side of Interstate Highway 10, subject to the following condition: Preserve and maintain a minimum of 200 feet of vegetation along Cedar Bayou to be used as a filter, buffer and provide erosion control for the bank of Cedar Bayou. Section 3: Nothing herein shall be construed as to authorize any other heavy industrial use other than the uses expressly enumerated on the Applicant's application and attached site plan. Section 4: This SUP shall take effect immediately from and after its passage by the City Council of the City of Baytown and is subject to expiration and revocation requirements as provided in the ULDC. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 8t' day of October, 2015. STEPHEN H. DONCARLOS, Mayor ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney Special Use Permit, Page 2 See appropriate checklist and fee schedule for minimum requirements for each application. *These applications use the same checklist. Project /Subdivision Name: Raven Project Address /Location: 9300 NeedieRgint Road. Bawoown. TX 77521 Brief Description of Protect: 100,Q00 tonnelyr Petrochcmiclll Plant, grQcessing }iipeline €g to k into olefins o ice Legal Description & Recordinglnfo: ApRroximately 35 acres gf attached survey, warmnly decd finm Nilok Chemicals Inc Parcel(s) Tax iD #(s): 0401680000031 Property platted: Yes / No X / Don't Know Type (acres): Residential Commercial 35 TotalAcres: ETJ: Yes NoX Existing Zoning Hl ff of Existing Lots # of Existing Units Current Use Proposed Zoning SAME_# of Proposed Lots # of Proposed Units Proposed Use Utility Provider: Water Supply City of Baytown Sanitary Facility Self I would like to attend a meeting with the Development Review Committee (DRC) Yes X No County: Chambers Harris X {Please print or type — Primary Contact will henotUied) Owner Name: Nilok Chemical c/of Evonik Corporation Email: ted.neithohnn evonik com Address: 10200 Grogans Mill Road, Ste SDO City: The Woodlands State: iX_Zip_, 77494 Phone: ___r_ Fax: Applicant Name: SBE Chemical Partners i LLC Email: _ iuffield slonebridgeenergy.com Address: 24044 Cinco Village Ctr. Blvd, Ste 100 City: Katy State: iX Z1p77494 Phone: 713 805 1296 Fax: 713 364 3552 Contact Person (if different fromapplicant): Thomas Suffield Email: Address:, City: State: Zip_ Phone: .-Fax: by signing this application, staff Is granted access to your property to perform activities related to your case, If the property owner is not signing, legally suff iclellt signature ay ority ifica op (i.e. letter of authorization to apply) must be provided at the time of application. Signature(s): 4s ' ( Printed/Typed Names }: Tomas M. Suffield flu Known to me to be the person(s) whose nam ) is/are subscribed to the above and foregoing instrument, and acknowledged to me that they executed the sa "ad and in the capacity therein stated. Given undgr my hand and seal of office on this 20th day DIANE L. NIEL31kb ry u o nT�e of T a V\ I%'. �1 My Commission Expires u,.r— o,.l.11r• 79 l AR_TMEN7 USE ONLY: Project R' yr _.. _..._ bm al te: Accepted Sy:_ _,Total Feels }: $ v14 R 6, M ta: Approved by: Approval Date: t Rev 6 27.13 f Exhibit "A" City of Baytown Alamingand0ave40t�0kelsi►eal s Universal Development Application Pn� iet�ias59n RAlilitii incomplete a PP Ilcatlons will not be accepted. re 28t sas3se Pianndtgg?6eyrown.crg Indicate "NA" when an Item does not t MEWIn to Your poplIcatlon. -APPLICATION TYPEN7 ., !' t! ri Zoning Map Amendment ❑ Telecommunication Special Use ❑ Replat u land Development Plan o Zoning Variance ❑ Landscape Variance ci Small Subdivision" ❑ lot line Adjustment /Consolidation a Zoning Special Exception ❑ Subdivision Variance o Minor Plat* ❑ Fire Lane Easement ❑ Zoning Appeal ❑ Preliminary Plat' ❑ Amending Plat* ❑ Text Amendment X Zoning Special Use ❑ Final Plat* ❑ Plat Certification ❑ other See appropriate checklist and fee schedule for minimum requirements for each application. *These applications use the same checklist. Project /Subdivision Name: Raven Project Address /Location: 9300 NeedieRgint Road. Bawoown. TX 77521 Brief Description of Protect: 100,Q00 tonnelyr Petrochcmiclll Plant, grQcessing }iipeline €g to k into olefins o ice Legal Description & Recordinglnfo: ApRroximately 35 acres gf attached survey, warmnly decd finm Nilok Chemicals Inc Parcel(s) Tax iD #(s): 0401680000031 Property platted: Yes / No X / Don't Know Type (acres): Residential Commercial 35 TotalAcres: ETJ: Yes NoX Existing Zoning Hl ff of Existing Lots # of Existing Units Current Use Proposed Zoning SAME_# of Proposed Lots # of Proposed Units Proposed Use Utility Provider: Water Supply City of Baytown Sanitary Facility Self I would like to attend a meeting with the Development Review Committee (DRC) Yes X No County: Chambers Harris X {Please print or type — Primary Contact will henotUied) Owner Name: Nilok Chemical c/of Evonik Corporation Email: ted.neithohnn evonik com Address: 10200 Grogans Mill Road, Ste SDO City: The Woodlands State: iX_Zip_, 77494 Phone: ___r_ Fax: Applicant Name: SBE Chemical Partners i LLC Email: _ iuffield slonebridgeenergy.com Address: 24044 Cinco Village Ctr. Blvd, Ste 100 City: Katy State: iX Z1p77494 Phone: 713 805 1296 Fax: 713 364 3552 Contact Person (if different fromapplicant): Thomas Suffield Email: Address:, City: State: Zip_ Phone: .-Fax: by signing this application, staff Is granted access to your property to perform activities related to your case, If the property owner is not signing, legally suff iclellt signature ay ority ifica op (i.e. letter of authorization to apply) must be provided at the time of application. Signature(s): 4s ' ( Printed/Typed Names }: Tomas M. Suffield flu Known to me to be the person(s) whose nam ) is/are subscribed to the above and foregoing instrument, and acknowledged to me that they executed the sa "ad and in the capacity therein stated. Given undgr my hand and seal of office on this 20th day DIANE L. NIEL31kb ry u o nT�e of T a V\ I%'. �1 My Commission Expires u,.r— o,.l.11r• 79 l AR_TMEN7 USE ONLY: Project R' yr _.. _..._ bm al te: Accepted Sy:_ _,Total Feels }: $ v14 R 6, M ta: Approved by: Approval Date: t Rev 6 27.13 Planning and Deado�4m'sc vica '` 210: ASarket5ueet A B"tmM TX 77520 ti`/ �{-ZJ Phone.28142&5394 BAYTOWN Fax. tai- 12o•33s0 Plana;ngG�tury�own o� °IWCZ;M�, Development Application General Information and Submittal Requirements Checklist Carefully review the following information before submitting a zoning special use application. It is the applicant's responsibility to defend their case before the Planning and zoning Commission ("Commission ") and theCity Council. The Commission shall make a recommendation to the City Council to approve or disapprove the proposed special use permit based upon whether ALL of the criteria set forth below are met. The following list of submission requirements shall be used by the applicant as a checklist in preparing a complete zoning special use application. The City shall also use the checklist to verify the completeness of the application at the time it is submitted. Applicants are responsible for submitting complete applications. Incomplete applications will be rejected and returned to theapplicant. Universal Development Application complete with all required signatures Application Fee — $500.00 Agent Information If you are an agent and not the property owner, then you shall submit a notarized statement from the owner naming you as agent for this zoning action or you must provide an executed contract for sale allowing you to apply for this special use permit. Applicant's Statement v The statement shall: list the reason(s) for requiring a zoning special use permit; identify the existing zoning district and the current and proposed property uses; and, indicate the section(s) of the Unified Land Development Code ( "ULDC ") that require this special use permit. Finally, the statement shall illustrate how the applicant's request addresses the following criteria (NOTE: a special use permit can only be granted when ALL of the following criteria are met): This special use permit will be compatible with and not injurious to the use and enjoyment of other property, not significantly diminish or impair property values within the immediate vicinity in any material way. This special use permit will not impede the normal and orderly development and improvement of surrounding property. This special use permit will ensure that adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided prior to the issuance of a certificate of occupancy. This special use permit will ensure that adequate nuisance prevention measures will be taken and maintained to prevent or control offensive odor, fumes, dust, noise and vibration prior to the issuance of a certificate of occupancy. This special use permit will ensure that there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property. The proposed use is in consistent with the comprehensive plan and is generally consistent with the purposes with the ULDC. That the site plan meets the criteria set forth in the ULDC Section 1.26 (e), where as the planning and zoning commission may recommend and the city council may adopt other conditions on any special use permit application that are needed to protect the public health, safety and welfare, including butnot limited to, hours of operation and additional landscape or parking requirements. By signing below I acknowledge that I have reviewed the General Information and Submittal Requirements Checklist and have included the required submittal items and reviewed them for completeness and accuracy. 7:2012015 Applicant(s) Signature Date 513E Chemical Partners I LLC by: 'Thomas M. Suffield Applicant(s) Printed Name Version: 41412013 WRITTEN CONSENT OF THE SOLE MANAGER OF SBE CHEMICAL PARTNERS I LLC July 20, 2015 The undersigned, being the sole manager (the "Managee) of SBE Chemical Partners I LLC, a Delaware limited liability company (the "Company "), does hereby consent to the adoption of the following resolutions to the same extent and to have the same force and effect as if adopted at a formal meeting of the Manager of the Company. WHEREAS, the Company desires to develop, construct and operate a 100,000 tonne per year Ohcfins production facility in Baytown, Texas (the "Project "), and has the support of Evonik Corporation, an AIabama corporation ( "Evonik "), and Nilok Chemicals, Inc., a New York corporation and subsidiary of Evonik ( "Nilole ); WHEREAS, Nilok is the record owner of certain property where the Project is to be located, more specifically described in the Warranty Deed attached hereto as Exhibit A (the "Property" }; WHEREAS, in furtherance of the Project, and with the support of Nilok and Evonik, the Company desires to submit certain applications to the City of Baytown, Texas (the "City"), including a Pre - Application Request, a Zoning Special Use Universal Development Application, a Commercial Permit Application, a Stormwater Permit Application, an Application for Tax Abatement and such other applications as Nilok, Evonik or the Company may be required to submit to the City from time to time in connection with the Company's zoning and development of the Property for the purposes of the Project (collectively, the "Applications'), WHEREAS, the Manager has reviewed the Applications, and the Company desires to designate Thomas M. Suffield as the Company's representative to the City with respect to the Applications; NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of the facts and circumstances, the Manager hereby designates and appoints Thomas M. Suffield as the Company's representative with respect to the Applications, with the power to execute such Applications and to submit to and to defend and discuss such Applications with the City on the Company's behalf; and be it FURTHER RESOLVED, that any action previously taken by or on behalf of the Company which is contemplated by, and in furtherance of, the foregoing resolutions be, and hereby is, ratified, approved, confirmed and adopted, in all respects, as an action by the Company. [Signature rage Follows] 152542342 IN WITNESS WHEREOF, the undersigned has executed this Written Consent effective as of the date set forth above. MANAGER: SBE CHEMICAL INVESTORS I LLC SiONA'IURF PAGE WRITTTEN CONSENTOFT11B SOLE MANAGER OF 58G CHEMICAL PARTNERS I LLC Name: Robert Toker _ Title: ­­Vice President & Secretary,_,_�� ,r SiONA'IURF PAGE WRITTTEN CONSENTOFT11B SOLE MANAGER OF 58G CHEMICAL PARTNERS I LLC EXHIBIT A WARRANTY BEET) 111tached ;Zwt Hvt�lF SBE Chemical Partners I LLC 24044 Cinco Village Center Blvd., Suite 100 Katy, Texas 71444 July 21, 2015 Project Raven City of Baytown - Development Application "Zoning Special Use SBE Chemical Partners I LLC (SBE), along with the support of Evonik Corporation and Nilok Chemicals, Inc., is pleased to submit this Universal Development Application and Zoning Special Use request to the City of Baytown for consideration of our proposed redevelopment of approximately 50 acres of the Nilok Chemicals Inc. ( Nilok) Carbon Black facility, located at 4300 Needlepoint Road in Baytown, Texas. SBE's project (Raven) is preparing to construct a new process manufacturing facility that will convert petrochemical feedstock into a final Olefin product for delivery to neighboring facilities and processors. This will involve the construction of an approximate 50 acre manufacturing facility on the old Carbon Black property and thus require a Zoning Special Use Permit. The following document addresses those criteria outlined in the City of Baytown's "Zoning Special Use application. Current and Proposed Use Evonik Corporation, through Nilok, acquired the former Carbon Black facility in 2013. There are currently no active industrial operations occurring on the property as production ceased in 2002 and all buildings were demolished in 2014 (Figure 1). Long -term site maintenance is ongoing at the facility. The current property consists of a decommissioned Carbon Black plant that includes surface and subsurface components including: hard top parking lots, building foundations, equipment foundations, process plant foundations, active storm water management ponds, utility connections, site roads, switch rack and some effective green space. The site is currently zoned Heavy Industrial (HI) use by the City of Baytown. The property consists of five tracts, totaling 315 acres. The main former plant area is 105 acres and is bounded by Needlepoint Road, Southern Pacific Railroad, Interstate Highway 10 and Cedar Bayou on the south, west, north and east, respectively. Raven will utilize only 50 acres of the 105 acre parcel, along with another 10 -20 temporary acres for construction laydown and additional access. The former plant area was originally developed as a Carbon Black plant in the early 1950s. Raven is proposing to re- develop this area to bring in, via pipeline, approximately 110,000 tonnes /year of feedstock and process it into approximately 100,000 tonnes /year of olefin and approximately 8,000 tonnes /year of hydrocarbon liquids. The plant will receive its C \Users\octopus \AppDaW \Roanting\ Localt ow\ Tentakel- 1- 90324Z114W61030=octo;2�k-e10eb- b87e4851 -b7b1- caAW5a537ef docx July 21, 2015 City of Baytown - Development Application Page 2 feedstock via pipeline and through a relatively low heat and pressure conversion process utilizing proprietary catalysts, convert the feedstock to a specified olefin and the above mentioned hydrocarbon liquids. Raven will supply the resultant olefin and hydrocarbon liquids to its customers via pipeline, rail and truck transport. Criteria Evaluation Raven requests a special use permit as outlined in Section 1,26(e)(4)(5) and Section 1.26.5 of the City of Baytown's Unified Land Development Code. A special permit is required for all industrial uses regardless of zoning; in addition, to activities associated with oil or gas operations. As part of the Applicant's Statement above, Raven provides the following information to address Zoning Special Use Criteria: 1. 77tis special use permit will be compatible with and not injurious to the use and enjoyment of other properhj, not sig iflcantly diminish or impair property values within the intitiediate vicinity in any material way. The site is currently zoned Heavy Industrial and, although not currently operational, it was an operating industrial facility from the 1950s until the early 2000s. Raven is proposing to re- develop approximately 15% of the site and construct their manufacturing facility on 50 acres with the physical location of the facility meeting all current zoning setback requirements (Figure 2). In addition, as the selected re- development location is currently surrounded by land owned by Nilok zoned as Heavy Industrial or General Commercial property, redevelopment should not be injurious to the use and enjoyment of the surrounding properties. 2. This special use penuit will not hapede the aonnal and orderly development and improvement of the surrounding property. Issuance of the special use permit to Raven will not impede the area or adjacent properties, as the re- development property is currently zoned Heavy Industrial. The site is bordered by Needlepoint Road to the south, 1-10 on the north, the Cedar Bayou watershed to the east, Southern Pacific Railroad and a Utility Line to the west along with land zoned Light Industrial or General Commercial development. For this reason, the proposed development and operation of this facility will not impede the normal development of the surrounding properties. 3. 77iis special use permit will ensure that adequate utilities, access roads, drainage and otter necessary supporting facilities have been or will be provided prior to the ismance of a certificate of occupancy. Raven is in the process of working with the City of Baytown and Harris County to address utilities, access roads, draining and other necessary support services. Raven has received information indicating that water for domestic consumption, electric power, natural gas and telecommunication are all available at quantities sufficient for Raven's operations without any negative impact on other users in the area. Raven is evaluating the city's ability to supply necessary services and designing supplemental systems where the city will not be able to meet demand and is currently planning on providing its own waste water treatment facility and firewater needs. Raven is currently evaluating all utility requirements and developing plans to ensure that adequate services will be available prior to construction. Reuse of existing access roads and facilities will be used where applicable and Raven currently does not expect that any new access roads from I -10 or Needlepoint Road are required as there are ample current access roads. C:\ Users \oclopus\ AppDala \itoaming� l c calLow\Tentakel-1- 903242211}- 161030 0? 2.octo \24(!el0eb- b87e4851 -b7b1- ea4b45a537et.docx r r July 21, 2015 City of Baytown — Development Application Page 3 4. 77rds special use permit will ensure that adequate nuisance prevention measures will be taken and iaintained to prevent or control offensive odor, firnres, dust, noise and vibration prior to the issuance of a certificate of occupancy, The facility will be permitted through the Texas Commission on Environmental Quality's Air Permitting Divisions prior to beginning construction activities. This will ensure that all regulatory steps are taken to demonstrate to the City of Baytown that adequate prevention measures will be implemented. Raven will ensure that adequate nuisance prevention measures will be taken and maintained during site operation to prevent or control offensive odors, fumes, dust, noise and vibration. In addition, the re- development will be set back 300 feet from any public right-of-way and 100 feet from the nearest property boundary to comply with city ordinances. 5. 77ris speeial use permit will ensure that there are sufficient landscaping, screening, setbacks mid other land use measures to ensure harniony and compatibility with adjacent property. The re- development of the site will be 300 feet from any public right -of -way and 100 feet from the nearest property boundary (Figure 2). The adjacent properties are currently zoned for Heavy industrial, Light Industrial or General Commercial use. In addition, properties on the north, east and south will have sufficient woody vegetation to act as a screen from roadways while the portion of the facility bordering the railroad will be visible. The light industrial area to the west could have future tenants and Raven's operations would be visible from that Iocation. Raven will work with the City of Baytown to ensure that these natural screenings meet the requirements for construction. 6. 77re proposed use is consistent with the comprehensive plan mid is generally consistent with the purposes with the ULDC. The Raven re- development project is consistent with the currently zoned Heavy Industrial use for the property at 9300 Needlepoint Road. The facility proposed is similar to other industry in the immediate area in that it is producing Olefins to support petrochemical facilities in the vicinity. 7. 77iat the site plan meets the criteria set forth in the ULDC Section 1.26 (e), where as the planning and zoning conmussion may recommend and the city council may adopt other conditions on any special use permit application that are needed to protect the public health, safety and welfare, including but trot hmited to, hours of operation arid additiotial landscape or parking requirements. Raven understands that the City of Baytown planning and zoning commission may recommend and the city council may adopt other conditions on this special use permit. Raven is working with the planning and zoning commission to ensure that its facility will meet all of the requirements as established under the special zoning use permit. C. \ Use rs octopus \Appl)nta'� Roamine Locs1Low \Teniakel -1- 90324 =114461030o22.octo\2400eb -Wt- 4811 -b7b1- ea4b45a537cf.docx July 21, 2015 City of Baytown - Development Application Page 4 We Iook forward to presenting the project for review at the next convening of city planning and zoning. Should anyone have any questions, please don't hesitate to contact me at via email at tsufficld@stonebridgeEnergy.com or vial telephone at (713) 805 -1296. Your consideration is valued and appreciated. Sincerely, i V A Thomas M. Suffield SBE Chemical Partners I LLC C \ Users\ octopus \AppData\ Rooming\ LocalUw\ Teixtakel- l- M24 2211 4 4 61 03 0 =m- to \24eelOeb- b87c4851 -b7bl- eo4b4b 5aaWd docx Via FedEx City of Baytown Planning and Development Services 2401 Market Street Baytown, Texas 77520 INDUSTRIES July 20, 2015 Nllok Chemkcals, Inc. 299Jefferson Road Parsippany, NI 07054 www.evonik.com Phone +1 973,9294248 cell +I 973 - 634 -0797 John.rolando0evonik.com Re: Pre - Application Request, Zoning Special Use Universal Development Application, Commercial Permit Application, Stormwater Permit Application and Application for Tax Abatement (the "Applications"). To Whom it May Concern: Nilok Chemicals, Inc. (" N11ok') is the record owner of certain property more fully described in the Warranty Deed attached hereto (the "Property) on which SBE Chemical Partners I LLC ( "Chemical Partners ") desires to develop, construct and operate a 100,000 tonne per year Olefins production facility (the "Project "). In connection with this Project, on behalf of Nilok, I hereby authorize Chemical Partners and its designated representatives, including Thomas M. Suffield, to prepare, sign and submit to the City of Baytown and any appropriate commissions, counsels or subdivisions thereof the Applications described above necessary for the initiation or completion of the Project and such other applications as Chemical Partners may be required to submit to the City of Baytown from time to time in connection with the Project related to the zoning and development of the Property. On behalf of Nilok, I hereby also authorize Chemical Partners and its designated representatives to defend and discuss such Applications with the Planning and Zoning Commission, the City Counsel, Mayor's Office and any other applicable commission, counsel, department or division of the City of Baytown that has jurisdiction over the Project. Should you have any questions, please do not hesitate to contact Ted Pettijohn of Evonik Corporation, Nilok's parent company, at 281 - 465 -2601. Sincerely tt � F P John Rolando President, Nilok Chemicals, Inc. Page 1 of 3 I vo lK INDUSTRIES STATE of Newjersey COUNTY of Passaic This instrument was acknowledged before me on July 20, 2015, by john Rolando of Nilok Chemicals, Inc., a New York corporation, on behalf of said entity. Name: Patricia Malcolm Notary Public In and for the State of New Jersey: My Commission Expires: February 11. 2020 Page 2 of 3 i DUPLICATE RECEIPT CITY OF BAYTOWN REM BY: BKV PAYOR: THOMAS SUFFIELD TODAY'S DATE: 07/23/15 REGISTER DATE: 07/23/15 DESCRIPTION CUST ID:PL15070016 1Z_SUP TEXAS B3000004576 TIME: 10:02 AMOUNT $500.00 TOTAL DUE: $500.00 TENDERED: $500.00 CHANG E : $.00 CREDIT CARD: $500.00 REF NUM: COBBLD000294699