Ordinance No. 12,162ORDINANCE NO. 12,162
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A SPECIAL USE PERMIT TO JET OIL PRODUCERS,
INC., TO PLACE AND OPERATE AN OIL WELL AND ASSOCIATED
FACILITIES ON THE PROPERTY LOCATED SOUTHEAST OF THE
INTERSECTION OF SH 146 AND FM 565, ADJACENT TO AND EAST OF
THE RIGHT -OF -WAY FOR SHELL DOCK ROAD; 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, Jet Oil Producers, Inc., filed an application for a special use permit to allow
for a heavy industrial use on property that is currently zoned as Heavy Industrial (HI); and
WHEREAS, both HI zoning and a special use permit are required prior to the issuance of
building permits for heavy industrial uses over two (2) acres in size; and
WHEREAS, Jet Oil Producers, Inc., desires to place and operate an an oil well and
associated facilities on the property located southeast of the intersection of SH 146 and FM 565,
adjacent to and east of the right -of -way for Shell Dock Road; and
WHEREAS, The City Council via Ordinance approved a rezoning amendment for this
property from NC and MU to MU, Ll and HI on October 11, 2011; and
WHEREAS, a special use permit for the proposed heavy industrial use at this location is
supported by the Baytown 2025 Comprehensive Plan and 2008 Vision Statement because it
fosters economic development and allows an existing heavy industrial property to be used for its
intended purpose; and
WHEREAS, the Planning and Zoning Commission held two public hearings on
December 20, 2012, and January 15, 2013, and voted unanimously to recommend approval of
the special use permit on January 15, 2013, with the following conditions:
1. That adequate access be provided to the site from an approved access point on either
FM 565 or SH 146 by means of a street constructed in accordance with City
specifications or, alternatively, a fire lane access road built in accordance with the
City's building and fire code regulations;
2. That no activities occur on -site in violation of the City's operational performance
standards in Chapter 130; and
3. That no seismic testing be allowed without first securing the appropriate paperwork
required by the city to allow such testing;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section I: The facts rind wcoations contains in tile preanible of this ordinance are
hereby tbund and dedbred by the Chy Council of the City of Baytown, Texas, to be true and
Correct.
Section 2: That the city Council of the City of Baytowl, Texas, hereby grants a
Special Use Permit to let Oil Producers, Inc., to place and operate an A well and associated
facilities oil the Iropeny located smahemt orthe intersection ofSl 1 146 and FNI 565., adjacent to
and eml or the Qht-of-may Ar Shell Dock Road wtject to thewildiAns expressed therein. /A
copy or said pernik is au=hcd herew nimted Exhibit *'A,*' and rnade a pan hemof Qr all intents
wid purposes.
Section 3: 'That the city Council of the city of Baytown, Texas. hereby aulliorizes
all(] directs the City Manager to execute and the City Clerk to attest to tile Special Use Perinit
incorporated herein.
Section 4.- ']'his ordinance shall take Allect itni-nediawly front and after its passage by
We City council of the coy (I'Buymn. Texas, 40
111,7
IN"FRODUCED, READ and PASSED by the affirt-native v- e ilf tile City Council or the
City or Baytow Ohs the 241h day owluuy. 2013.
B kv S, 11 i t,N Ierk,
APPROUD ASTO FORNI
. ... .. .. ...... —
RAMIREZ, SR., C y Attorney
. DONCARLOS, Mayor.
I � : \ K a r e I I \ I ` i t C S'� ( , i t y (7 o I I n C j I \ ( ) I'(1 i I I , I I I a : C S �L 2 0 13 �J � i i i u a i ry 2, 1 \ S t I I I , I J e i ( ) i I t t o c
0
Exhibit "A"
Special Use Permit No. 2013 -001
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 Philip Osterhus for and on behalf of the land owner Jet Oil Producers (the "Applicant ")
for property legally described as Tracts 60A -0, 60A -0 -1, 60B -0, 60B -0 -1, 60B -0 -2, and 60B -0 -3 out of
the Christian Smith Survey, Abstract No. 22, 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 the public testimony given at the public hearing; and recommended approval to the City Council,
subject to certain additional conditions; and
WHEREAS, after finding that the conditions specified in Section 130 -617 of the Code of
Ordinances, Baytown, Texas (the "Code ") had been satisfied, the Commission prepared and delivered
through the Director a report and recommendation to approve the proposed SUP with additional
conditions; and
WHEREAS, after receiving the final report of the Commission, the City Council conducted a
public hearing on the application; and
WHEREAS, after considering the application, the staff report, the relevant supporting materials,
and public testimony given at the public hearing, the City Council hereby makes an affirmative finding
that all of the following conditions listed in Section 130 -617 "Conditions for approval" of the Code have
been met:
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; and
6. That the proposed use is in accordance with the comprehensive plan and generally
consistent with this Code; and
Special Use Permit, Page 1
Special Use Permit No. 2013 -001
WHEREAS, the City Council also finds, however, that additional reasonable conditions are
necessary to be imposed in the SUP to protect the public interest and welfare of the community and,
therefore, desires to approve the SUP with the conditions set forth herein; 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 60A -0, 60A -0 -1, 6013-0, 6013-0 -1, 6013-0 -2, and
60B -0 -3 out of the Christian Smith Survey, Abstract No. 22, Harris County, Texas, subject to the
following conditions:
1. That adequate access be provided to the site from an approved access point on either FM 565 or
SH 146 by means of a street constructed in accordance with city specifications or, alternatively, a
fire lane access road built in accordance with the City's building and fire code regulations;
2. That no violations occur on -site in violation of the City's operational performance standards in
Chapter 130 and as hereinafter amended, pertaining to light, noise and dust nuisances; and
3. That no seismic testing be allowed without first securing the appropriate paperwork from the City
to allow such testing.
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 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 this the 24th day of January, 2013.
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
Special Use Permit, Page 2
FIR M
City of Baytown Flaw irg and rX"10;"O�nt sovk,%
2411 Mwi*V.Mrtvt
Universal Development Application RAykQwP,'TX 11520
Incomplete applications will not Ike acce pted. Pe- 281-423-5394
#W hon Tac
OWNER- Indicate 'NA" when the items) does not pertain to your application,
Project Address/Location: NE- of Cedar 13ayou and SH 146
Legal Description & Recording Info-, see addendurn
Parce4s) Tax 1130(s): see addendum Property platted: Yes / -tLo_j Don't Know
Type (acres): i Residential Pf Commercial 3.2 Total Acres: 3 - 2 ETJ: F1 Yes :K1 No
Brief Description of Project: Drill an oil we,11
Existing Zoning HI It of Existing Lots_ #of Existing Units _ Current Use
Proposed Zoning -�—, it of Proposed Lots _ 4 of Proposed Units _ Proposed Use
Utility Provider hater Supply
Sanitary Facility
I would like to attend a meeting with the Development Review Committee (DRC) 0 Yes 171 No Attended 11/7/12
Owner Name, Email:
Address: City: State:
Zip: --- Phone- Fax*
Contact Person (If different from applicant); _2hilip
Qgterbus Email: pritoriterhusz,gmail. coin
Address: 2519 Parkdale Dr. City.. Kingwood State: , rX
ZIP: 7*1339 Phone: (2�81) 221-8309 Fax:
By signing this appil Jon, staff is granted access to your property to perform activities refuted to your case. If the property owner is not sfgnnng,
legaNysufocientsion, wf! rity n 0. tter of authorization) must be provided at the time of application,
Slignature(s): M� - —Printed/TypedName(s).- Philip Cisterhus
known to me to be the person(s) whose narne(s) Is/are subscribed to the above and foregoing Instrument, and acknowledged
L'I! �tfJR� �the Same 0�0 qil pur ses and consWeraft upressed and In the capacity _7L I ,p e a -yt rrfn stated. Given under iy lurid and seat of office on this
_ ay of _ t 7 <',' k 1 11 ---
J- 20
66,
�Ip t�0!ary I Pu� 'C No ry Pubfic
tt.
Project
Project Manager $ubm ta+
V, Total Fee(&),
Approved by.- Apprcva� Date:
Development Application
General infomiation and Submittal Requirements Checklist
Camfulit review the follo'ving irafvmmtion before submitting a zoning special use application. It is the applicant's
responsibility W defi.�rad their case before the Planning and Zoning Commission (-•Commission) and the Cit. Council.
TIO Commission shall make a recommendation to the Cit%• Council to approve or disapprove the proposed special rise
permit based upon whether ALL of the criteria set forth belay am met.
The tbllov.•ing list of submission n quiiremcnts shall be used by the applicant as a checklist in preparing a completo zoning
special ueo application. 'l'Ito City shall also Use the checklist to verifi• the oomploteness of t}ro application at the time it is
submitted. Applicants t. responsible for submitting complete applications. Ineompldte applications Am-ill be rgiccted and
nsturrred to the applicant.
Univtrssl Development Application - eomplete a th all requited signatures
Application Fee _59@M # 5&6.69_
Agent Iaformatioa - if are an agent and not the prvperit• o%cner. then ou shall submit a notarized statement
from the owner naming you as agar" for this Boning action or you must provide an ewmed contract for sale
a110%ing you to apph• for this special use permit'.
Applicant's Statement -The statement shall: list tho r+tsoa(s) for requiring a zoning special use permit•. identifi
the existing zoning district and the current and proposed property uses: and, indicate the section(s) of tine Zoning
Ordinance that require this special use permit. Finaily the statemont shall illustrate hom- the applicant -s request
addresses the follon ing criteria (NOTE: a special use permit ccn only be granted when A L of the f ng ollo�yi
criteria are met):
1. Granting this spocial use permit will be compatible i ith and not injurious to the use and enioTment of othor
propam•, not signifkantky diminish or impair proport }• values m ithin the immediate Vicinity in any material
nay.
2. Granting this special use permit A%ill not impedo the normal and ordcrh dcroloprnrnt and improvenwrit of
surrounding properh•.
3. Granting this special use permit dill ensure that adequam utilities. access roads. drainage and other noccssan'
supporting facilities have boon or n-tU be provided.
4. Grunting this special use permit hill crosum that adequate nuisance prevention measures have been or n•ill be
taken to prevent or control oi%nsive odor. fumes. dust. noise and vibration.
g. Granting this special use permit will cm that there are suMcient landscapin& screening. setbacks and other
land use meamnes to ensure hanway and Compatibility nith adjacent property.
6. 'Rte proposed use is in accordance %%ith the comprehensive plan and generalh• consistent n ith the purposes
and intcrrtofthis Cock.
By signing bolow I aclmoivtedgc that I have rovicned the Genetal Information and Submittal Requirements Checklist and
hAv a if;I
.V the roqui�;j submittal items and reviewed them for completeness and accumpy.
11 -19 -2012
Date
Philip Osterhus
Applicants) Printed Name.
11r> +nJlxitFy�tknt MP1.«
: *n
'O'��'" " " "1
City of Baytown
own
„aj .
143L4.�v
Fax Ott- »�•.%up
I+LvwA* 61,nt w n .ry
Development Application
General infomiation and Submittal Requirements Checklist
Camfulit review the follo'ving irafvmmtion before submitting a zoning special use application. It is the applicant's
responsibility W defi.�rad their case before the Planning and Zoning Commission (-•Commission) and the Cit. Council.
TIO Commission shall make a recommendation to the Cit%• Council to approve or disapprove the proposed special rise
permit based upon whether ALL of the criteria set forth belay am met.
The tbllov.•ing list of submission n quiiremcnts shall be used by the applicant as a checklist in preparing a completo zoning
special ueo application. 'l'Ito City shall also Use the checklist to verifi• the oomploteness of t}ro application at the time it is
submitted. Applicants t. responsible for submitting complete applications. Ineompldte applications Am-ill be rgiccted and
nsturrred to the applicant.
Univtrssl Development Application - eomplete a th all requited signatures
Application Fee _59@M # 5&6.69_
Agent Iaformatioa - if are an agent and not the prvperit• o%cner. then ou shall submit a notarized statement
from the owner naming you as agar" for this Boning action or you must provide an ewmed contract for sale
a110%ing you to apph• for this special use permit'.
Applicant's Statement -The statement shall: list tho r+tsoa(s) for requiring a zoning special use permit•. identifi
the existing zoning district and the current and proposed property uses: and, indicate the section(s) of tine Zoning
Ordinance that require this special use permit. Finaily the statemont shall illustrate hom- the applicant -s request
addresses the follon ing criteria (NOTE: a special use permit ccn only be granted when A L of the f ng ollo�yi
criteria are met):
1. Granting this spocial use permit will be compatible i ith and not injurious to the use and enioTment of othor
propam•, not signifkantky diminish or impair proport }• values m ithin the immediate Vicinity in any material
nay.
2. Granting this special use permit A%ill not impedo the normal and ordcrh dcroloprnrnt and improvenwrit of
surrounding properh•.
3. Granting this special use permit dill ensure that adequam utilities. access roads. drainage and other noccssan'
supporting facilities have boon or n-tU be provided.
4. Grunting this special use permit hill crosum that adequate nuisance prevention measures have been or n•ill be
taken to prevent or control oi%nsive odor. fumes. dust. noise and vibration.
g. Granting this special use permit will cm that there are suMcient landscapin& screening. setbacks and other
land use meamnes to ensure hanway and Compatibility nith adjacent property.
6. 'Rte proposed use is in accordance %%ith the comprehensive plan and generalh• consistent n ith the purposes
and intcrrtofthis Cock.
By signing bolow I aclmoivtedgc that I have rovicned the Genetal Information and Submittal Requirements Checklist and
hAv a if;I
.V the roqui�;j submittal items and reviewed them for completeness and accumpy.
11 -19 -2012
Date
Philip Osterhus
Applicants) Printed Name.
g SPECIAi. USE PERMIT APPLICATION
TYPE or PRINT
Address or general location: Cedar Bayou at Highway 146 - NE of intersection
Legal description of the property (attach additional sheets as necessary):
Subdivision: Block No: Lot No(s): Acres:
(NOTE: For properties not in a recorded subdivision, submit a copy of a current survey or plat showing
the properties proposed for a special use permit, and a complete legal description.)
Zoning district: Heavy Industrial Tower Height: 10 days drilling - approx 90 ft
Tower Type: Drilling rig on site for about 10 days
Reason for the request (attach additional sheets as necessary): Jet Oil Producers re eats
a Special Use Permit for drilling an oil well just NE of the intersection
of Cedar Bayou and SH 146.
I (applicant) hereby certify that I am the owner, or duly authorized agent of the owner of the above -
described property for the purpose of this application. The NONREFUNDABLE application fee of
$300.00 to cover the costs of this Special Use Permit Application has been paid to the City of Baytown
on A)QWoWR / 6 .2012 I (applicant) also certify that I have been informed and understand the
telecommunications regulations as specified in the City of Baytown's Code of Ordinances. I further
understand and agree that I will at all times abide by the terms and conditions of all of the applicable
provisions of the Ordinances of the City of Baytown.
Owner's signature: �/� -r' � Agent's signature:
Applicant's printed name: Jet Oil Producers Applicant's telephone: (936) 653 -3379
Applicant's address: P.O. Box 930 -Coldopring TX 77331
Street city Zip Cade
COMPLETE IF APPLICABLE
In lieu of representing this request myself as owner of the subject property. I hereby authorize the
person designated below to act as my agent for the application, processing, representation and/or
presentation of this request. The designated agent shall be the principal contact person with the City
(and vice versa) in processing and responding to requirements, information, or issues relevant to this
request.
Owner's signature:
Agent's signature:
Agent's printed name: Philp Osterhus Agent's telephone: (281) 221 8309
Agent's address: 2519 Parkdale Dr. Kingwood, TX 77339
sb eet CI State Zip
SUBMIT APPLICATION TO: Planning and Development Services
2401 Market Street
Baytown, TX 77520
(281) 420 -5394
FOR OFFICE USE ONLY
Case MMtff I D to &bw tted I M*w Date P & Z HeWhV Cate 8Ld1* g Permit DstO I ZOrMU MaP U tuber
USE PERMIT
SPECIAL USE SUPPLEMENTAL APPLICATION FORM
The Planning and Zoning Commission shall make recommendation to City Council to approve or
disapprove the proposed special use permit based upon the following criteria. In the spaces provided,
explain how your special use permit application satisfies each of the criteria. Please attach additional
sheets to this form as required. (NOTE: The applicant has the burden of proof to demonstrate that all
six of the special use criteria have been met).
TYPE or PRINT
1.) That Granting this special use permit (vrjllt) 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.
The immediate vicinity is industrial in character, and the well, when completed, will be
unobtrusive, fenced in and screened by a vegetative barrier. Its operation will be
nearly silent, and should not diminish property values in the immediate vicinity.
2.) That Granting this special use permit (W impede the normal and orderly development
and improvement of surrounding property.
In addition to the above (No. 1) cited factors, Jet oil will improve Shell Dock Road so
that Baytown City fire trucks can safely operate on it. This may encourage development
and improvement of surrounding property. The well will not otherwise impede development.
3.) Granting this special use permit (mIYOdflanc# ensure that adequate utilities, access roads,
drainage and other necessary supporting facilities have been or will be provided.
In addition to improving Shell Dock Road as necessary, Jet oil Producers is committed
to providing all necessary utilities and supporting facilities for the successful
drilling and operation of this oil well.
4.) Granting this special use permit (wMAV039 ensure that adequate nuisance prevention
measures have been or wUl be taken to prevent or control offensive odor, fumes, dust, noise
Duringd the seven to ten days of actual drilling, Jet Oil will minimize to the extent
practical the noise and lights required for sate efficient drilling operation. After
drilling, the production phase will be nearly silent & well screened and fenced. There
should be no fumes or odor associated with regular operation of the well.
5.) Granting this special use permit (>dtillMA" ensure that there are sufficient landscaping,
screening, setbacks and other land use measures to ensure harmony and compatibility with
adjacent property.
Jet Oil is committed to providing adequate setbacks, sufficient vegetative screening,
and fencing to ensure harmony, safety & compatibility with the adjacent property. Jet Oil
will apply for a variance for limited relief from the 100 foot vegetative barrier
required in the Heavy Industrial Zone.
6.) That the proposed use (WOMM in accordance with the comprehensive plan and generally
consistent with the purposes and intent of this Code.
The specifics of the proposed wellsite are consistent with HI zoning requirements
and Baytown's comprehensive land use plan.
I (applicant) hereby certify that the statements contained herein are true, complete, and correct to the
beat of my knowledge. My signature acknowledges that I understand that false, misleading or
misstatements by me rega ing the ln!gLmatlon set forth in this application, may result In the rejection
of this application.
Applicant's signature: Date: _A )6U.
SUBMIT APPLICATION TO: Planning and Development Services
City of Baytown
2401 Market Street
Baytown, TX 77520
281 -420 -5394
C:1D0aaaemts sad SctftP\&n&Rn m mlDaWMOpitet P*Oio=oasWauomOPECIAL USE PERWT APPLICAWN.da
Jet Oil Producers - Special Use Permit Application Additional Statement
11- 20-2012
Applicant Statement
(Attached to Jet Oil Producers' Zoning Special Use Permit Application of 11 -19 -2012 to
the City of Baytown)
Jet Oil Producers wishes to drill and operate an oil well just northeast of the intersection of
Cedar Bayou and SH 146, immediately east of Shell Dock Road. The well site is zoned HI
Heavy Industrial, and currently no activity appears to be occurring on the site.
In the Baytown Municipal Code is the following which indicates that a Special Use Permit is
required:
Sec. 130 -508 — Permitted Uses
The following shall be permitted by right or by special use permit in the HI heavy
industrial district:
(3)Heavy industry uses. Heavy industry uses shall include the following:
d. Oil or gas wells and facilities for exploration, production or refining of oil or
gas;-1
It is Jet Oil's intention and commitment to successfully address all of the following
criteria:
1. Granting this special use permit will be compatible with and not injurious to the use and
enjoymentof other property, not significantly diminish or impair property values within the
immediate vicinity in any material way.
The immediate vicinity is industrial in character, and the well, when completed, will be
unobtrusive, fenced in, and screened by a vegetative barrier its operation will be nearly silent,
and should not diminish property values in the immediate vicinity.
2. Granting this special use permit will not impede the normal and orderly development and
improvement of surrounding property.
In addition to the factors cited above in No. 1, Jet Oil will improve Shell Dock Road so that
Baytown City fire trucks can safely operate on It. This may encourage development and
improvement of surrounding property. The well will not otherwise impede development.
Page 1 of 2
Jet 01 Producers - Special Use Permit Application Additional Statement
12- 20-2012
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.
In addition to improving Shell Dock Road as necessary, Jet Oil Producers is committed to
providing all necessary utilities and supporting facilities for the successful drilling and operation
of this oil well.
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.
During the seven to ten days of actual drilling, Jet Oil will minimize to the extent practical the
noise and lights required for safe efficient drilling operation. After drilling, the production phase
will be nearly silent and will be screened by vegetation and fenced in for security. Then: should
be no fumes or odor associated with regular operation of the well.
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.
Jet Oil is committed to providing adequate setbacks, sufficient vegetative screening, and fencing
to ensure harmony, safety & compatibility with the adjacent property. Jet Oil will apply for a
variance for limited relief from the 100 foot vegetative barrier required in the Heavy Industrial
Zone. Jet Oil has a long history of successfully drilling and operating oil and gas wells in the
National Forest.
6. The proposed use is in accordance with the comprehensive plan and generally consistent
with the purposes and intent of this Code.
As part of its comprehensive land use plan, Baytown recently re -zoned this area from a
combination of NC and MU to HI and Ll. The only zone which allows an oil well is Hl, and the
specifics of the proposed wellsite are consistent with the Code's Hl zoning requirements and
Baytown's comprehensive land use plan.
Page 2 of 2
Exhibit "A"
JET OIL PRODUCERS, INC.
PRODUCTION OPERATIONS MAP
CEDAR BAYOU PROSPECT
Chiisfuln Smith Survey, A,-22, Chambers Gounly, Texas
Special Use Permit No. 2013 -001
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 Philip Osterhus for and on behalf of the land owner Jet Oil Producers (the "Applicant')
for property legally described as Tracts 60A -0, 60A -0 -1, 60B -0, 60B -0 -1, 60B -0 -2, and 60B -0 -3 out of
the Christian Smith Survey, Abstract No. 22, 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 the public testimony given at the public hearing; and recommended approval to the City Council,
subject to certain additional conditions; and
WHEREAS, after finding that the conditions specified in Section 130 -617 of the Code of
Ordinances, Baytown, Texas (the "Code ") had been satisfied, the Commission prepared and delivered
through the Director a report and recommendation to approve the proposed SUP with additional
conditions; and
WHEREAS, after receiving the final report of the Commission, the City Council conducted a
public hearing on the application; and
WHEREAS, after considering the application, the staff report, the relevant supporting materials,
and public testimony given at the public hearing, the City Council hereby 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; and
6. That the proposed use is in accordance with the comprehensive plan and generally
consistent with this Code; and
Special Use Permit, Page 1
Special Use Permit No. 2013 -001
WHEREAS, the City Council also finds, however, that additional reasonable conditions are
necessary to be imposed in the SUP to protect the public interest and welfare of the community and,
therefore, desires to approve the SUP with the conditions set forth herein; 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 60A -0, 60A -0 -1, 6013-0, 6013-0 -1, 6013-0 -2, and
60B -0 -3 out of the Christian Smith Survey, Abstract No. 22, Harris County, Texas, subject to the
following conditions:
1. That adequate access be provided to the site from an approved access point on either FM 565 or
SH 146 by means of a street constructed in accordance with city specifications or, alternatively, a
fire lane access road built in accordance with the City's building and fire code regulations;
2. That no violations occur on -site in violation of the City's operational performance standards in
Chapter 130 and as hereinafter amended, pertaining to light, noise and dust nuisances; and
3. That no seismic testing be allowed without first securing the appropriate paperwork from the City
to allow such testing.
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 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 i City Council of the City of
Baytown this the 24th day of January, 2013.
APPROVED AS TO FORM:
4AgC'Al O RAMIREZ, SR., C' ttomey
Special Use Permit, Page 2
DONCARLOS,
Exhibit "A"
City of Baytown PEaftift u d mWomem serikm
2401 Mwk t Street
Universal Development Application 1MrW%".-TX77520
�� Incomplete applications will not be accepted. rim: 282420 -5394
P PP Pt tex M- 420-53a
Indicate "NW when the item(s) does not certain to vour analication_ Paanniae@b&Mwn.arg
o Zoning Amendment o Telecommunication Special Use o Replat o Land Development Plan
a Zoning Variance at Landscape Variance o Small Subdivision* a Lot Line Adjustment/Consolidation
• Zoning Special Exception a Subdivision Variance ❑ Minor Plat* c Fire Lane Easement
• Zoning Appeal o Preliminary Plat" o Amending Plat* a Other
UZoning Special Use o Final Plat* o Plat Certification
Sae appropriate cheddist and fee schedule for minimum requirements for each application. *These applications tae the some cheddiat.
PPOJECT INFORMATION
Project/Subdivision Name: Jet Oil Producers Savell #1 Oil Well
Project Address/Location: NE of Cedar Bayou and SH 146
Legal Description & Recording Info: gee addendum
Parcels) Tax ID#i(s): see addendum
Property platted: Yes / No J Don't Know
Type (acres): 11 Residential . XCommerdal 3.2 Total Acres: 3.2 ETJ: t7Yes �q No
Brief Description of Project: grill an oil well
Existlng Zoning HI , # of Existing Lots" # of Existing Units _ Current Use
Proposed Zoning H: # of Proposed Lots # of Proposed Units ` Proposed Use
Utility Provider: Water Supply
Sanitary Facility
I would like to attend a meeting with the Development Review Committee (DRC) 0 Yes Oft Attended 11/7/12
APPLICANT OWNER INFORMATION
(Please print or type — Primary Contact will be e- malted)
Applicant Name: Jet Oil Producers
Address: P.O. Box 930
Zip: 77331
Owner Name:
Address:
ZIP.
Emall: Chris .stalderejetoilproducere.com
City: Coldg =incr State: TX
Phone: (936) 653 -3379 Fax: _ q3a ~ &63-% SQaa
Phone:
Email:
City:
Fax:
State:
Contact Person (If different from applicant): Philip osterhus Email: pmosterhusegmai l . eom
Addntss: 2519 Parkdale Dr.
Zip:
77339
Phone: (281) 221 -8309
City: Kingwood
Fax:
State: TX
BY s% tln;g dds appll , staff h granted access to yaw property to perform activities related to your case. if the property owner Is not stgnin&
iagagysufRciem sig n (I r of authorization) must be provided at the time of application.
Sisk
Printed/Typed Name(s). . � Philf P Osterhus
Known to me to be the person(s) whose names) is/are subscribed to the above and foregoing instrument. a d acknowledged to me that they
the cams urp ses and eonsideratto ressed and In the taped stste,�i. Given under . y hand and seal of office an this
of f
t14iP 2a +
.*�_ Shmnne EW1460Y mn, y
Project Manager:
U$BQlaiM 2015
Approved by: Approval Elate:
Project M. 1 I!--o I el f w i
Total Fee(s): $
11-wouv ;fl11x -%-q61 kTa.v 1%
!-Of[ %I-A 1 4iri►m
1.I,i.A„ n. M_�„ Cat of Ba ytown 111, +a a
NI-4:014P4
Fax 211- 43L..xxo
Development Application
Gcneral Information and Submittal Requirements Checklist
Carefully review the following information before submitting a zoning special use application. It is the atpplicwt -s
ncsponAilit}• tb defend thair ewe before the planning and Zoning Commission (-•Commission") and the City Council.
Mhv Commission shtail make a r+ccon msendataon to the Cih Council to approve or disappro�e dyes proposed special trse
pormit based upon Whether ALL of the criteria set forth bald' %v arc met.
The folloMns list of submission requi>lemerds shall bo used by the applicant as a checklist in preparing a comp,= zoning
special use application. 'no Cilr shall also use the checklist to «riff the compleftitess of the application at the time it is
submitted. Applicants arse ccsponsiblo for submitting complete applications. 7ncomplatc- applic9tions tit ll be rejected and
rsclmnad to the applicant.
Universal Development Application - complete w=ith aU required signatures
Application Fee - # 569. eq,
Agent Information - if you are an agent and not the pmperir owner, then you shall submit a notarized statement
front the orimer naming you as agent for this zoning action or you must provide an vxcecxited contract for sale
allowing you to apple for this special use pe n it
Applicant's Statement - The sta went shall: list the masons) for requiring a zoning special use permit. identife
the vuisnin zoning district and the cwe ent and proposed property uses: and, indicatti the seedon(s) of the Zoning
Ordinance that mquirm this special use permit. Finalh. tho statement shall illusstraw bomt the applicant's request
addresses the following criteria (NOTE: a special use permit can only be gmted when �L of the foilo %ink
criteria am met):
1. Gtartd g this spacial use permit %vill be compatible tivith and not injurious to the use and cnjo�ntent of other
pmperty. not significantly diminish or impair property values within the >immediatc vicinity in any material
2. GrantiM this special use permit x%711 not impede the nonnal mid orderh, daw4ment and irnpr vvmcnt of
surrounding propem..
3. Granting this sspocial srrsc pOrsmit Mll ensure that adequate utilises. access mads. drainnge and other noccssary
supporting• facilities have boon or ♦ %ill be provided.
4. Granting this spacial use permit «•ill cosure that adequate nuisance prevention measures have been or n•ilI be,
taken to prevent or control ofcnsive odor. flames. dust, noise and vibration.
S. Granting this special use pesmtit will onsgure that there are sufficient landscaping. screening. setbacks and other
land use measures to ensure barnw ay and compatibility u ith adjacent property.
6. '!he proposed use is in accordance with the comprehensive plan and generally consistent a ith the purpos�cs
and ntentofthis Code.
By signing bolow i a&-snowladgc that I have revic% -Cd the General lnfonnation.and Submittal Requimments Checklist and
have include the rcWirclsubmittal items and mviettod them for completeness and accuracy.
11 -19 -2012
Date
Philip Oaterhus
Applicamt(s) Printed Name,
iftSPECIAL USE PERMIT APPLICATION
TYPE or PRINT
Address or general location: Cedar Bayou at Highway 146 - NE of intersection
Legal description of the property (attach additional sheets as necessary):
Subdivision: Block No: Lot No(s): Acres:
(NOTE: For properties not in a recorded subdmslon, submit a copy of a current survey or plat showing
the properties proposed for a special use permit, and a complete legal description.)
Zoning district: Heavy Industrial Power Height: 10 days drilling - approx 90 ft
Tower Type: Drilling rig on site for about 10 days
Reason for the request (attach additional sheets as necessary): Jet Oil Producers requests
a Special Use Permit for drilling an oil well just NF of the intersection
of Cedar Bayou and SH 146.
I (applicant) hereby certify that I am the owner, or duly authorized agent of the owner of the above -
described property for the purpose of this application. The NONREFUNDABLE application fee of
$300.00 to cover the costs of this Special Use Permit Application has been paid to the City of Baytown
on r; JZ /6, , 2012. I (applicant) also certify that I have been informed and understand the
telecommunications regulations as specified in the City of Baytown's Code of Ordinances. I further
understand and agree that I will at all times abide by the terms and conditions of all of the applicable
provisions of the Ordinances of the City of Baytown,
Owner's signature: G:?�- -ev� Agents signature:
Applicant's printed name: Jet Oil Producers Applicant's telephone:
(936) 653 -3379
Applic anrs address: P.O. Box 930 Coldspring TX 77331
Street City State.. Zip Code
COMPLETE IF APPLICABLE
In lieu of representing this request myself as owner of the subject property, I hereby authorize the
person designated below to act as my agent for the application, processing, representation and/or
presentation of this request. The designated agent shall be the principal contact person with the City
(request vim versa) in processing and responding to requirements, Information, or issues relevant to this
Owner's signature:
Agents signature:
Agent's printed name: Philip Oeterhus Agents telephone: L )(281) 221 8309
Agent's address: 2519 Parkdale Dr. Kingwood, 7'X 77339
Street City State Zip
SUBMIT APPLICATION TO: Planning and Development Services
2401 Market Street
Baytown, TX 77520
(281) 420-5394
FOR OFFICE USE ONLY
COW NWbW Dais Submitted Nowe Data P & Z Hearing Date Be Ming Permit Date Zoning Map Number
Dommeats and SetdopWatiim .sister?)akteplt=*XfflcogomW iing6PECIAL USE PERMIT APPLICATIOa dog
SPECIAL USE SUPPLEMENTAL APPLICATION FORM
The Planning and Zoning Commission shall make recommendation to City Council to approve or
disapprove the proposed special use permit based upon the following criteria. In the spaces provided,
explain how your special use permit application satisfies each of the criteria. Please attach additional
sheets to this form as required. (NOTE: The applicant has the burden of proof to demonstrate that all
six of the special use criteria have been met).
TYPE or PRINT
1.) That Granting this special use permit (kllWM) 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.
The immediate vicinity is industrial in character, and the well, when completed, will be
unobtrusive., fenced in and screened by a vegetative barrier. Its operation will be
nearly silent, and should not diminish property values in the immediate vicinity.
2.) That Granting this special use permit (0111wiLno impede the normal and orderly development
and improvement of surrounding property.
In addition to the above (No. 1) cited factors, Jet Oil will improve Shell Dock Road so
that Baytown city fire trucks can safely operate on it. This may encourage development
and improvement of surrounding property. The well will not otherwise impede development.
3.) Granting this special use permit # ensure that adequate utilities, access roads,
drainage and other necessary supporting facilities have been or will be provided.
In addition to improving Shell Dock Road as necessary, Jet oil Producers is committed
to providing all necessary utilities and supporting facilities for the successful
drilling and operation of this oil well.
4.) Granting this special use permit (WRAVHrKW ensure that adequate nuisance prevention
measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise
Duringd they steven to ten days of actual drilling, Jet Oil will minimize to the extent
practical the noise and lights required for safe efficient drilling operation. After
drilling, the production phase will be nearly silent & well screened and fenced. There
should be no fumes or odor associated with regular operation of the well.
6.) Granting this special use permit (mEW ensure that there are sufficient landscaping,
screening, setbacks and other land use measures to ensure harmony and compatibility with
adjacent property.
Jet Oil is committed to providing adequate setbacks, sufficient vegetative screening,
and fencing to ensure harmony, safety & compatibility with the adjacent property. Jet Oil
will apply for a variance for limited relief from the 100 foot vegetative barrier
required in the Heavy Industrial Zone.
6.) That the proposed use UsPMV in accordance with the comprehensive plan and generally
consistent with the purposes and intent of this Code.
The specifics of the proposed wellsite are consistent with HI zoning requirements
and Baytown's comprehensive land use plain.
I (applicant) thereby certify that the statements contained herein are true, complete, and correct to the
best of my knowledge. My signature acknowledges that I understand that false, misleading or
misstatements by me rega J ing the information se forth in this application, may result In the rejection
of this application. ` ' /-i -.Afl--7) 7
Applicant's signature:
Date: A) rSU . 0% zo 1'Z
SUBMIT APPLICATION TO: - Planning and Development Services
City of Baytown
2441 Market Street
Baytown, TX 77520
261 -420 -5394
C:Zwmm is sad USE PMMT APPLICAIION.doc
Jet Oil Producers - Special Use Permit Application Additional Statement
11 -20 -2012
AnNicant Statement
(Attached to Jet Oil Producers' Zoning Special Use Permit Application of 11 -19 -2012 to
the City of Baytown)
Jet Oil Producers wishes to drill and operate an oil well just northeast of the intersection of
Cedar Bayou and SH 146, immediately east of Shell Dock Road. The well site is zoned HI
Heavy Industrial, and currently no activity appears to be occurring on the site.
In the Baytown Municipal Code is the following which indicates that a Special Use Permit is
required:
Sec. 130-508 — Permitted Uses
The following shall be permitted by right or by special use permit in the HI heavy
industrial district:
(3)Heavy industry uses. Heavy industry uses shall include the following:
d. Oil or gas wells and facilities for exploration, production or refining of oil or
gas;"
It is Jet Oil's intention and commitment to successfully address all of the following
criteria:
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.
The immediate vicinity is industrial in character, and the well, when completed, will be
unobtrusive, fenced in, and screened by a vegetative banner. Its operation will be nearly silent,
and should not diminish property values in the immediate vicinity.
2. Granting this special use permit will not impede the normal and orderly development and
improvement of surrounding property.
In addition to the factors cited above in No. 1, Jet Oil will improve Shell Dock Road so that
Baytown City fine trucks can safety operate on it. This may encourage development and
improvement of surrounding property. The well will not otherwise impede development.
Page 1 of 2
Jet Oil Producers - Special Use Permit Application Additional Statement
11- 20-2012
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.
In addition to improving Shell Dock Road as necessary, Jet Oil Producers is committed to
providing all necessary utilities and supporting facilities for the successful drilling and operation
of this oil well.
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.
During the seven to ten days of actual drilling, Jet Oil will minimize to the extent practical the
noise and lights required for safe efficient drilling operation. After drilling, the production phase
will be nearly silent and will be screened by vegetation and fenced in for security. There should
be no fumes or odor associated with regular operation of the well.
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.
Jet Oil is committed to providing adequate setbacks, sufficient vegetative screening, and fencing
to ensure harmony, safety & compatibility with the adjacent property. Jet Oil will apply for a
variance for limited relief from the 100 foot vegetative banter required in the Heavy Industrial
Zone. Jet Oil has a long history of successfully drilling and operating oil and gas wells in the
National Forest
6. The proposed use is in accordance with the comprehensive plan and generally consistent
with the purposes and intent of this Code.
As part of its comprehensive land use plan, Baytown recently re -zoned this area from a
combination of NC and MU to Hl and U. The only zone which allows an oil well is Hl, and the
specifics of the proposed wellsite are consistent with the Code's HI zoning requirements and
Baytown's comprehensive land use plan.
Page 2 of 2
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