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Ordinance No. 11,326ORDINANCE NO. 11,326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT TO TEXAS EASTERN PRODUCTS PIPELINE CO., FOR A HEAVY INDUSTRIAL USE IN ACCORDANCE WITI -I CHAPTER 130 ("ZONING) OF THE BAYTOWN CODE OF ORDINANCES ON PROPERTY LOCATED AT 4227 DECKER DRIVE_ AND MORE PARTICULARLY DESCRIBED AS TRACTS 4C, 2C, AND 2H OF THE HARVEY WAITING SURVEY A -840, HARRIS COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH I PERMIT ;_ AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: "I-hat the City Council of the City of Bayto«-n, Texas, hereby grants a Special Use Permit to Texas Eastern Products Pipeline Co., for a heavy industrial use in accordance with Chapter 130 (Zoning) Code Of Ordinances, Baytown, Texas, on property located at 4227 Decker Drive, and more particularly described as Tracts 4C, 2C, and 2I1 of the Harvey Whiting Survey A -840, 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 2: 'That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor to execute and the City Clerk to attest to the Special Use Permit incorporated herein. Section 3: This ordinance shall take effect inunediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ, and PASSED by the affix -mativ ote of the City Council of the City o f Baytown, this the 25`h day of March, 201 O. S PHEN I -1. OONCARLOS ayor C.21 e esi FIELD_ Deputy City Clerk APPROVED AS TO FORM: TC NACIO RAMIREZ. SR . 'ity Attorney R:`. Karen \1riles \City Counci1\Ordinances\20IO\March 25 \GrantSpecialUsePcr nit2TT:1'CO_doc Special Use Permit No. 2010 -001 em A 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 Kyle Webster for and on behalf of the land owner Texas Eastern Products Pipeline Co. (the "Applicant ") for property legally described as Tracts 4C, 2C, and 2H of the Harvey Whiting Survey A -840, Harris County, Texas, 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, which included a recommendation to approve the SUP requested by the Applicant subject to certain additional conditions; 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 certain additional conditions; and WHEREAS, the Commission prepared and delivered through the Director a report and recommendation to condition the proposed SUP based upon the conditions set forth in Section 130 -617 of the Code of Ordinances, Baytown, Texas (the "Code "); and WHEREAS, after receiving the final report of the Commission, the City Council 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 WHEREAS, the City Council makes an affirmative finding that all of the following conditions listed in Section 130-617 "Conditions for approval" of the Code have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor 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; 4. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, light, noise and vibration; 5. That there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property; Special Use Permit, Page 1 Special Use Permit No. 2010 -001 and 6. That the proposed use is in accordance with the comprehensive plan and generally consistent with this Code. NOW THEREFORE, BE IT ORDAINED 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 legally described as Tracts 4C, 2C, and 2H of the Harvey Whiting Survey A -840, Harris County, Texas, subject to the following conditions: 1) Applicant shall provide a forty foot (40') vegetative buffer along Decker Drive consisting of three (3) zones, which zones shall be maintained in accordance with the Code: a) Zone 1 i) Zone 1 shall extend ten feet (10') inward from the outer boundary of the vegetative buffer. ii) Applicant shall plant and maintain groundcover extending throughout Zone 1. b) Zone 2 i) Zone 2 shall extend ten feet (10') inward from the inner boundary of Zone 1. ii) Applicant shall plant and maintain at least eight (8) shrubs for every fifteen (15) linear feet. iii) Applicant shall maintain the zone so as to allow native trees, shrubs, vines, and other forms of vegetation to grow naturally. c) Zone 3 i) Zone 3 shall extend twenty feet (20') inward from the inner boundary of Zone 2. ii) Applicant shall plant and maintain two (2) rows of shade trees: (1) First row shall be located five feet (5') from Zone 2 and shall have one (1) shade tree every thirty (30) linear feet; and (2) Second row shall be located fifteen feet (15') from Zone 2 and shall have one (1) shade tree located every thirty (30) linear feet arranged so that the centerline of the trees is spaced equally between the centerline of the trees in the first row to create a staggered visual formation. iii) Zone 3 shall be maintained so as to allow native trees, shrubs, vines, and other forms of vegetation to grow naturally. SRecial Use Permit, Page 2 Special Use Permit No. 2010 -001 2) Applicant shall provide a vegetative buffer along West Baker Road in accordance with Sec. 18- 1206.5 of the Baytown Code of Ordinances consisting of three (3) zones, which zones shall be maintained in accordance with the Code: a) Zone 1 i) Applicant shall extend twenty -five feet (25') inward from the outer boundary vegetative buffer zone. ii) Applicant shall plant and maintain groundcover extending throughout the entire Zone 1. b) Zone 2 i) Applicant shall extend twenty -five feet (25') inward from the inner boundary of Zone 1. ii) Applicant shall plant and maintain at least the following in Zone 2: 1. Mixture of small trees and shade trees, which shall be planted every thirty (30) linear feet, fifteen feet (15') from the inside boundary of Zone 1; provided, however, that no more than fifty percent (50 %) of trees may be small trees; and 2. Eight shrubs for every thirty (30) linear feet evenly spaced. iii) Zone 2 shall be maintained so as to allow native trees, shrubs, vines, and other forms of vegetations to grow naturally. c) Zone 3 i) Zone 3 shall extend fifty feet (50') inward from the inner boundary of Zone 2; ii) Applicant shall plant and maintain the following: 1. At least one shade tree every thirty (30) linear feet with centers ten feet from the inner boundary of Zone 2. Such trees shall be offset ten feet from the trees in Zone 2; and 2. At least one shade tree every thirty (30) linear feet with centers twenty feet (20') from the inner boundary of Zone 3. Such trees shall be offset ten feet from the trees required in subsection (d)(2)(c)(1). iii) Zone 3 shall be maintained so as to allow native trees, shrubs, vines, and other forms of vegetations to grow naturally. 3) In accordance with the Code, Applicant must plat the entire property subject to this Special Use Permit and file the same in the real property records of the County Clerk of Harris County, Texas. Section 3: Nothing herein shall be construed as to authorize any other heavy industrial uses other than the uses expressly enumerated on the Applicant's application and attached site plan. Section 4: This Special Use Permit shall take effect immediately from and after its passage by the City Council of the City of Baytown and shall expire either (i) upon the failure to comply the conditions contained in Section 2 of this Special Use Permit or (ii) one year after its Special Use Permit, Page 3 Special Use Permit No. 2010 -001 date of issuance if construction or use authorized hereunder is not substantially under way as determined by the chief building official prior to the expiration of the one -year period. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown the 25th day of March, 2010. STEPHEN H. DONCARLOS, Mayor ATTEST: LETICIA GARZA, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney RAKarcn \Fi1es \City Council\Council Meeting PDF"s\2010\March 25\Exhibit A - SUP.doc Special Use Permit, Page 4 Exhibit "A" City of Baytown Phnniq u.Jlr.• dgmimmScnl.cc :Inl \Iytcl 511".1 1 Universal Development Application h. +Iv- ++.Tx --s ='1 Bi IQU IN Incomplete applications will not be accepted. Indicate "NA" when the items does not vertain to your anvilication, . a l+n law n.urµ Zoning Amendment r1 Tclecommunicution Special Use ❑ Replut o Land Development Plan Zoning Variance 'Landscape Variance n Small Subdivision' ❑ Lot Line Adjustment/Consolidation Zoning Special Exception subdivision Variance Ainor Plat* c: Public Safety Zone Easement c Zoning Appeal ❑ Preliminary Plat* ❑ Amending Plat' ❑ Other &Zoning Special Use o Final Plat' ❑ Plat Certification See appropriate checklist and fee schedule for minimum requirements for each application. *These applications out the same checklist. Project/SubdivisionName: 6,44r1cire- Bda.laLA,,ft %AnK �rM Project Address /Location: 421"1 ML-zttar Zr- By Tx -7-75'2-r3 Legal Description& Recording Info: 14&rVet. W{►�i•�,.. Surva.- A•TYo CFil► i1175s,3 . V, J&e3 P.. e7oG Parce(s) Tax ID #(s): -re, 4C12e s Tfid ogt.r�tv.oat-eogg Property platted: Yes /(No ) Don't Know Type (acres): - Residential , _ Commercial 113 Total Acres: 9 Y •i 3 ETJ: :Jl'es L No Brief Description of Project: F&.i(& Existing Zoning F1 Q_ # of Existing Lots .3 # of Existing Units O Current Uses JrL- a- Proposed Zoning �_ # of Proposed Lots 3 # of Proposed Units Proposed Use Ye .. ti Utility Provider: Water Supply C44 Sanitary Facility I would like to attend a meeting with the Lvelopment Review Committee (DRC) Foles - No (Please print or type- Primary Contact will be e- mailed) Applicant Name: Kgte- L. W&6s6-r Email: kwe. losler0 eprad. CoM Address: PO ga)e `!3.?q City: I4ous4-0.•% State: 7Ta Zip: -7 -7 7-10 Phone: 111 903- 92 o fs Fax: Owner Name: &6.r'prj r e:. OPe -e4je s a t et-., ; Email: Address: S"^e... City:. Zip: Phone: Fax: State: Contact Person (If different from applicant): rl%12n e f Mow 4UM Email: 0(gMa+ngUM,ei ea rod. CA P-% Address: �'i 2''1 r,)-,4k Lay Wss�- fm- 639 City: 140tLJ a.% State: -r—<_ Zip: -11008 Phone: 1111o3.2SS91U1•SYcoJ79Fax: S 713.809.9y2cf By signing this upplication, staff is grunted access to your property to perform activities related to your case. If the pruperty ottner is not signing. Icgally suffeirnt si natu autl]urity verification (i.e. letter of authorization) must bu provided at the time of application. Signature(s): t Printed (s): I�It L._ 1�e%S� Kno%%n tome lobe the personl0 whosIN seribed to the abog instrument. cold acknowledged u+ me th:,t they e•tecuted the swnc lur the purposes :utd consided in (tMltll{>b�ityhiiron under my hand and se;d of ultice un this �_ day of _ mar My CotntnlsttNovernber 3 ��..•�c.L L= Nulu ublit FOR DEPART+M NT USE ONLY: Project 1 r� Project ,lanager. ac Submittal Date: O Aceepted Hy: ` l ulal Fee(s) : S �7 C 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 the City 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 the applicant. R"' Universal Development Application — complete with all required signatures !' Application Fee — S500.00 V 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 — 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 Zoning Ordinance 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): 1. Granting 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. 2. Granting this special use permit will not impede the normal and orderly development and improvement of surrounding property. 3. Granting this special use permit will ensure that adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. 4. Granting this special use permit will ensure that adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. 5. Granting 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. 6. The proposed use is in accordance with the comprehensive plan and generally consistent with the purposes and intent of this Code. 7 Site Plan By signing below 1 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. - - : I"/ � /9 'L 2 Appl ^icant(s) Signature 1� Date J—>0.n�e' )- Jd^ Uf-1 Applicant(s) Printed Name Mo ianning and DmIoymag Umca 2401 Mmin Street Baytown bapowm. TX 77320 Faa :29120Ci of Fax: 291420-3390 d WS 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 the City 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 the applicant. R"' Universal Development Application — complete with all required signatures !' Application Fee — S500.00 V 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 — 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 Zoning Ordinance 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): 1. Granting 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. 2. Granting this special use permit will not impede the normal and orderly development and improvement of surrounding property. 3. Granting this special use permit will ensure that adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. 4. Granting this special use permit will ensure that adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. 5. Granting 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. 6. The proposed use is in accordance with the comprehensive plan and generally consistent with the purposes and intent of this Code. 7 Site Plan By signing below 1 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. - - : I"/ � /9 'L 2 Appl ^icant(s) Signature 1� Date J—>0.n�e' )- Jd^ Uf-1 Applicant(s) Printed Name Mo 'E Enterprise Products P.O Box 4324 Houston. Texa,, 77210 -4324 713.880.6540 2727 Nonn Loop We:a Houston, Texas 77008.1044 www.epplp.cont 1 March 2010 City of Baytown Planning and Zoning Commission 2401 Market Street Baytown, TX 77520 RE: Zoning Special Use — Applicant Statement Enterprise Products Storage Facility To Whom It May Concern: Enterprise Products Company seeks the approval of the City of Baytown to obtain a Special Use Permit in order to construct one pump station and one power substation (Proposed Facilities) on the tract referenced on the attached Exhibit. The recent installation of new pipelines on our facility and the increased customer demand for petroleum products requires that Enterprise install one additional pump station. In addition, CenterPoint Energy (CNP) plans to upgrade from their current 69KV to a 138KV system and, in order to receive and maintain power supply to our entire facility; Enterprise must construct a power substation to meet CNP requirements. Alternate locations were examined for the Substation and due to the relationship of the of the existing substation, underground facilities and the proximity /route of the existing CNP power lines, the two options shown on the attached Exhibit are proposed; thus prompting the previous variance request. Zoning for this property is currently in the process of being amended from Mixed Use to Heavy Industrial due to the City Zoning Change of 2007. 1. The Proposed Facilities will be compatible with and not injurious to the use and enjoyment of the other property, not significantly diminish or impair property values within the immediate vicinity in any material way. 2. The Proposed Facilities will not impede the normal and orderly development and improvement of the surrounding property. 3. With this special use permit, Enterprise will ensure that adequate utilities, access roads, drainage and other necessary supporting facilities will be provided via the submittal of construction drawings. 4. Enterprise will ensure that adequate nuisance prevention measures will be taken to prevent and control offensive odor, fumes, dust, noise and vibration via the submittal of construction drawings. 5. Enterprise will ensure that there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property by providing a landscape plan to be approved by the city. 6. The proposed use is in accordance with the comprehensive plan and generally consistent with the purposes and intent of this Cade. For nearly 30 years this property has ENTERPRISE PRODUCTS PARTNERS L.P. ENTERPRISE PRODUCTS GP. LLC, GENERAL PARTNER `% V ENTERPRISE PRODUCTS OPERATING L.P. ENTERPRISE PRODUCTS OLPGP, INC.. GENERAL PARTNER 'E Enterprise Products P.O Box 4324 Houston, Texas 77210.4324 713.880 6500 2727 NoAh Loop West Houston, Texas 77008.1044 www.eppip.com been developed and utilized for industrial use in the petroleum industry and granting the special use permit will result in a logical and orderly development pattern outlined by the City. Thank you for your attention to this matter and for your consideration for this Special Use Permit. Should you require any additional information regarding this you are welcome to contact me if needed at 713- 803 -2559. Sincerely, Daniel G. Mangum EPCO, Inc. — Land Dept. 'See Attached Exhibit for reference qLAN ENTERPRISE PRODUCTS PARTNERS L.P. ENTERPRISE PRODUCTS GP, LLC, GENERAL PARTNER ENTERPRISE PRODUCTS OPERATING L.P. ENTERPRISE PRODUCTS OLPGP, INC., GENERAL PARTNER At �. - _'i ^, � rs dam•!• � =�.1,� :- rs:`�• �' f - _ ..7 4 -ell _ qOO .: ;, 1•� L low LO lot or it j . ".i,•.p� i ,�� _ J ,f ' _� !� = , i /a TE PRODUCTS PIPELINE. COMPANY, LLC POWER OF ATTORNEY TE PRODUCTS PIPELINE COMPANY, LLC, or the "Company" herein, is a Texas limited liability company, with offices at 1 100 Louisiana Street, Houston, Texas 77002. whose mailing address is P.O. Box 4324. Houston. Texas 77210-4324. The Company hereby appoints and authorizes the following persons: Stephen W. Russell Keeter Kyle L. Webster ar . u a son Michael D. Brown Paul D. Lair each as its Agent and Attomey -in -Fact to act in its name and on its behalf, to execute and deliver, accept, make application for, assign, modify. amend, extend. renew, ratify, terminate or release the following instruments and documents in the usual course of its business relating to its pipelines. storage facilities, and appurtenant facilities, to wit: (a) easements, rights -of -way, encroachment agreements. reimbursement agreements, licenses, or permits, relating to real property, whether or not to the Company, and (b) applications for any of the foregoing. relating to lands. waters, or other property owned by or under the jurisdiction of any government or governmental authority, as well as any other applications or reports or statements (excepting tax reports or returns) required by any government or governmental authority: and (c) tease renewals. Any previous actions taken on behalf of the Company by the aforementioned agents and attorneys -in -fact are herehy ratified and confirmed. This Power of Attorney shall, as to each person named above, terminate and be of no further force and effect on the earliest to occur of: (i) written revocation, (ii) two years from the date hereof, or (ii!) termination of such person's employment with EPCO, Inc. IN WITNESS WHEREOF, the Company has caused this Power of Attorney to be issued Executed this 30'h day of April. 2009. TE PRODUCTS PIPELINE COMPANY, LLC By: TEPPCO GP, Inc Its sole manager ? fi -Patricia A. Totten Vice President, General Counsel and Secretary 3� edged before me an the 30" day of April. 2009. by Patricia A. Totten. Vice President. y of TEPPCO GP. Inc.. a Delaware corporation. Sole Manager of TF. Products Pipeline ed liability company. on behalf of said company. Notary Public G� ./Yrr��✓s�.�o�lr..ori�.�is�i/� LIND/', .). WFFLETON fil NOTARv PUBLIC. b'nTE OF TEXAS p yy' A M t CO!AMISSiON EMPIRES (11 NOV. 8, 2009 ti e) 33 CITY OF BAYTOWN, TX UB /COLLECTIONS ZONING/ DEVELOPMENTS RECEIPT tr#t trrrrrtrttttrrttrrrrtttttrt trrtrr tttttttttrttrrsrttrttttttrttr +rrtrtttrtrttt PARCEL ID PROJECT PL10030005 RECEIPT # 85000001424 RECEIPT DATE : 03/02/2010 RECEIVED BY : rxf RECD. FROM : RECEIPT INTERFACE CODE ENF VIOL # : CD$ <10 /1/02 (N) : NOTES : 85000001424 ADDRESS PRINT DATE : 03/02/2010 PRINT TIME : 10:29:21 OPERATOR : rxf COPY # : 1 CASH DRAWER: 85 FEE ID UNIT QUANTITY AMOUNT PD -TO -DT THIS REC NEW BAL ---- - - - - -- ------- - - - - iZ SUP FLAT RATE -- ---- - - - - -- -- -- - - - - -- 1.00 500.00 ---- - - - - -- 0.00 ---- - - - - -- 500.00 ---------- 0.00 TOTAL PROJECT ---- - - - - -- 500.00 ---- - - - - -- 0.00 ---- - - - - -- 500.00 ---- - - - - -- 0.00 METHOD OF PAYMENT --------------- -- CHECK TOTAL RECEIPT : AMOUNT 500.00 --------------- 500.00 REFERENCE NUMBER 18137 3`{