Ordinance No. 14,540 ORDINANCE NO. 14,540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOW , TEXAS,
GRANTING A SPECIAL USE PERMIT FOR HEAVY INDUSTRIAL USES ON
APPROXIMATELY 136.57 ACRES, LOCATED AT 6511 THOMPSON ROAD, AN[)
MORE PARTICULARLY DESCRIBED AS TRACT 3, BLOCK 2; TRACTS 20 & 20A,
BLOCK 20; TRACT 21B-1, BLOCK 22; AND TRACTS 23 & 23C, BLOCK 23 OF
THE ELENA FRUIT & COTTON FARMS "C," 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, the property located at 6511 Thompson Road, which is approximately 136.57 acres
and more particularly described as Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 2113-1, Block 22;
and Tracts 23 & 23C, Block 23 of the Elena Fruit & Cotton Farms "C," Harris County, Texas, (the
"Property") is proposed to be used as a rail yard serving logistics and distribution facilities; and
WHEREAS, in order for such use to be allowed, a special use permit ("SUP") is required
to be issued by the City Council of the City of Baytown pursuant to Section 1.26(e)(5) of the
Unified Land Development Code ("ULDC"); and
WHEREAS, the Planning and Zoning Commission (the "Commission") held public
hearings on August 18, 2020, and September 15, 2020; and
WHEREAS, on September 15, 2020, the Commission voted to recommend approval of
the special use permit with the following conditions:
1. Storage or transportation activities of the following is prohibited:
a. Materials that are toxic and hazardous by inhalation,
b. Anhydrous ammonia,
C. Spent nuclear waste, and
d. High-level radioactive waste;
2. Construction and maintenance of a 20-foot-tall sound and light barrier wall along
the southern property boundary, which barrier wall must substantially confonn to
the documentation submitted for consideration of this SUP, which is attached to
the SUP as Exhibit "A" and incorporated herein for all intents and purposes; and
3. Development of the property shall substantially confonn to the site plan submitted
for consideration of this SUP, which is attached to the SUP as Exhibit "B" and
incorporated herein for all intents and purposes; 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 the Special
Use Permit, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes,
to Port 10 Intermodal, LLC, for a rail yard serving logistics and distribution facilities on the Property,
subject to the following conditions:
1. Storage or transportation activities of the following is prohibited:
a. Materials that are toxic and hazardous, including highly flammable, acids, and
caustic materials,
b. Anhydrous ammonia,
C. Aqueous ammonia,
d. Spent nuclear waste, and
e. High-level radioactive waste;
2. Construction and maintenance of a 10-foot-tall sound and light barrier wall along the
southern property boundary, which barrier wall must conform to the documentation
attached to the SUP as Exhibit "A"; and
3. Upon approval of all appropriate entities, installation and maintenance of active crossing
indicators, the cost thereof, including the design and engineering, shall be the
responsibility of the owner of the Property;
4. No freerolling of cars (no kicking); and
5. Development of the property shall conform to the site plan, which is attached to the SUP
as Exhibit "B."
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, which is
attached hereto as Exhibit "A".
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 affirmative vote of the City Council of the City of
Baytown this the 22"d day of October, 2020.
BRANDON CAPETILLO, Ilayor
ATTE T: 'Al
LETICIA BRYSCH, City ler �AN
APPROVED AS TO FORM: ®F
KAREN L.HORNER, City Attorney
R:Karen Homer Documents Files.City Council Ordinances\2020 October 8 SUNPort I Olntermodal.doc
2
Exhibit "A"
Special Use Permit No. 2020-001
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 Brandon Guillory for and on behalf of the land owner, Port 10 Intermodal, LLC. (the
"Applicant"), for approximately 136.57 acres, generally located 1,300 feet east of Thompson Road and
900 feet south of Interstate Highway 10, addressed as 6511 Thompson Road, and legally described as
Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 2113-1, Block 22; and Tracts 23 & 23C, Block 23 of
the Elena Fruit & Cotton Farms "C", 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; and
WHEREAS, the Planning and Zoning Commission (the "Commission") conducted a public
hearings on the application; considered the application, the staff report, the relevant supporting materials,
and public testimony given at the public hearings; and recommended approval to the City Council,subject
to certain additional conditions; and
WHEREAS, the Commission prepared and delivered a report and recommendation to the City
Council to approve the proposed SUP subject to the conditions 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 affinnative finding that there is one additional
condition listed in Section 1.26(d) "Approval criteria for special use permits"stating:
(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;
(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.
Special Use Permit, Page 1
Special Use Permit No. 2020-001
Section 2: A Special Use Permit for a Heavy Industrial uses not defined by the ULDC
located at 6511 Thompson Road as described in Exhibit "A" is hereby granted on property legally
described as Tract 3, Block 2; Tracts 20 & 20A, Block 20; Tract 21B-1, Block 22; and Tracts 23 & 23C,
Block 23 of the Elena Fruit & Cotton Farms "C", Harris County, Texas (the "Property") with the
following conditions:
(1) Storage or transportation activities of the following prohibited:
a. Materials that are toxic and hazardous by inhalation, including highly flammable,
acids,and caustic materials,
b. Anhydrous ammonia
c. Aqueous ammonia
d. Spent nuclear waste
e. High-level radioactive waste;
(2) Construction and maintenance of a 10-foot-tall sound and light barrier wall along the
southern property boundary, which barrier wall must conform to the documentation
attached to the SUP as Exhibit"B";and
(3) Upon approval of all appropriate entities, installation and maintenance of active crossing
indicators, the cost thereof, including the design and engineering, shall be the
responsibility of the owner of the Property;
(4) No freerolling of cars(no kicking); and
(5) Development of the property must conform to the site plan which is attached to the SUP
as Exhibit"C"
Section 3: Nothing herein shall be construed as to authorize any use other than the uses
expressly enumerated on the submitted 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 22"d day of October,2020.
BRANDON CAPETILLO, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER,City Attorney
Special Use Permit, Page 2
Exhibit "A"
CITY OF BAYTOWN �""""8kk 0enics
2401 M.k Mmhtt8n0rt
myv,..,,,1X 77520
Universal Development Application Ponne'2A 1420-5394
p���0unarg
Incomplete applications will not be accepted. Indicate"N/A"when an item does not pertain to your application.
a Zoning Map Amendment ❑Telecommunication Special Use ❑ Replal ❑ General Plan
❑Zoning Variance ❑Landscape Variance ❑ Small Subdivision* ❑ Lot Line Adjustment/Consolidation
❑Zoning Special Exception ❑Subdivision Variance ❑Minor Plat* ❑ Fire Lane Easement
❑Zoning Appeal ❑Preliminary Plat* ❑ Amending Plat* ❑ Text Amendment
■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: Port 10 Logistics Center Phase 2
Project Address/Location: 11750 Katy Freeway
Brief Description of Project: Proposed Warehouse and Rail
Legal Description&Recording Info:TR 3 BLK 2&TRS 20&20A BLK 20&TR 218-1 BLK 22&TRS 23&23C BLK 23 ELENA FRUIT&COTTON FARMS
Parcel(s)Tax ID#(s): 0591430000422 Property platted: Yes—No✓Don't Know_
Type: Residential—Acres: Commercial✓✓Acres: 136.57 Total acres: 136.67 Is pmperty in ETJ? Yes_No
Existing Zoning: Ll Number of existing lots: I Number of existing units: Current Use: Vacant
Proposed Zoning: HI Number of proposed lots: I Number of proposed units: , Proposed Use: Industrial
Utility provider for water supply: City of Baytown Utility provider for sanitary sewer: City of Baytown
I would like to attend a meeting with the Development Review Committee(DRC):Yes_No`�-County:Chambcrs_Harris_
fl)n ry Conraq will be notified)
Owner Name:Port 10 Intermodal, LLC Email: nick@pontikesdev.eom
Address: 11750 Katy Freeway Houston TX 77079
713-996-1349 City: State:TX
Phone: L•mt;
Applicant Name:Brandon Guillory Email: brandon.guillory@kimley-hom.com
Address: 11700 Katy Freeway Houston TX 77079
281-920-6317 City' _,State:
Phone: Pan;
Contact Person(If different from applicant): Email:
Address: City: State:_Zip:
Phone: pax:
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 stiff
dent si gture authority verification(i.e.letter of authorization to apply)must be provided at the time of application.
Sigmature(s): Yrimted/rypedName(s): _ gww . 440, [7..;t ltry
Known to me to be the person(s)whose name(, israre subscribed to the above and foregoing instrument,and acknowledged to me that they
wTcu ed the same f, the purposes and wnsid Z on expressed and in the capacity therein stated Given under my hand and seal of office on this
LISAKULHANEK
hlyNotarylop121W74
Expires January 27,2024 NotaryPublic
FOR DEPARTMENT U NLY: Project#:
Project Manager. Submittal Date: Accepted By: Total Fec(s): S
Completeness review by: Date: Approved by: Approval Date:
Rev 6.27.18
CITY OF BAYTOWN Planning Devel01 Market
steel
2401 wn,TX street
61 Baytown,TX 77520
BAYTOWN Zoning Amendment Checklist Phone:281-420-5394
SPlannine/u ba}9own.ory
The following list of submittal requirements shall be used by the applicant to prepare a complete zoning
amendment 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.
Universal Development Application—complete with all required signatures
_Application Fee—$300.00
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 application or you must provide an
executed contract for sale allowing you to apply for this zoning action. If this property is owned by
any entity or corporation and not an individual, please submit Articles of Incorporation or other
documentation verifying signatory authorization.
Applicant's Statement — zoning amendments are made at the sound legislative discretion of the
City Council. In determining whether to adopt, adopt with modifications or disapprove the proposed
amendment, the city council shall review a statement prepared by the applicant that: summarizes the
zoning amendment request; identifies the existing and proposed land uses; and, explains in detail
how the request addresses the following factors:
I. Consistency with guiding documents — Is the proposed amendment consistent with and furthers the
policies and goals of the future land-use plan, major thoroughfare plan,vision
statement and the Unified Land Development Code?
Compatibility with the surrounding area—Is the proposed amendment compatible with the existing and
proposed uses surrounding the subject land and is the appropriate district for the land use proposed?
3. Promotion of health, safety, or general welfare — Does the proposed amendment promote the health,
safety, or general welfare of the city and includes the safe, orderly and healthful
development of the city?
4. Facilitation of infrastructure — Does the proposed amendment facilitate the adequate provision of
mobility,water, waste water,storm water and other public services?
5. Are there are changed conditions?
6. Effect on natural environment—Will the proposed amendment result in significantly adverse impacts on
the natural environment, including but not limited to water, air,noise,storm water
management,wildlife,vegetation,wetlands?
7. Community need—Does the proposed amendment address a demonstrated community need?
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.
_2s_�4: -- 07-14-2020
r of.. .nt Signature Date
Brandon Guillory
Applicant Printed Name
Port 10 Intermodal, LLC.
1885 St James Place, Suite 1100
Houston,TX 77056
Dear City of Baytown,
I hereby authorize Brandon Guillory with Kimley-Horn as agent to submit this Zoning Map Amendment
and Zoning Special Use for approval on the behalf of Port 10 Intermodal, LLC.
Sincerely,
Alan D. Feinsilver
President
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this G day of 2020,by
Alan Feinsilver, President of Port 10 Intermodal, LLC,a Texas limited liability comps ',on behalf of
said limited liability company.
NOTARY PUBLk IN AND FOR
THE STATE OF TEXAS
(PERSONALIZED SEAL)
My Commission Expires:
IERESAJSENNE
14 Notary ID 88=763
E�Ites June 21,2022
Kimley»)Horn WAJ
Port 10 Logistics Center Phase 2
Proposed Zoning Special Use
Applicant Statement
1.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 special use permit will be compatible with and not injurious to the use and enjoyment of other property in the
immediate vicinity. The proposed development is consistent with the surrounding land uses and will serve to
improve the capacity of the adjacent Union Pacific rail yard.
2.This special use permit will not impede the normal and orderly development and improvement of surrounding
property.
The surrounding area on both the north and west side of the subject site is developed as industrial warehouse.
The site is bordered on the east by an existing Union Pacific rail yard which is consistent with the proposed
expansion of the rail yard and industrial warehouse development. This special use permit will not impede the
orderly development of the surrounding properties.
3.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.
The subject site and adjacent tracts have been master planned to provide for adequate water, wastewater, storm
sewer,and detention infrastructure.Adequate water and wastewater infrastructure have already been constructed
to serve the subject site. City requirements for erosion control during construction will be complied with and all
required storm water permitting will be obtained from the City prior to the start of construction. The proposed
development program for the subject site is less intense that what was contemplated in the previously approved
traffic impact analysis and it is anticipated that the number of trips generated by the proposed development will
be less than originally anticipated.
4.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.
The proposed use for the subject site is not anticipated to generate offensive odors, fumes, or excessive noise or
dust in the course of normal operations. Existing conditions surrounding the site provide for significant existing
buffers between the subject site and adjacent properties. See item 5 below for further explanation.
5.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 site is currently set back from the south right of way line of Interstate 10 by approximately 850' on the east
end and approximately 2,000'on the west end of the subject site. This setback along with the fact that the property
between the subject tract and Interstate 10 is developed as industrial warehouse provides a significant buffer
along the entire northern boundary of the subject tract. The site is bordered on the east by an existing Union
Pacific rail yard which is 300' wide in its current configuration. There are preliminary plans in place that include
the future widening the existing Union Pacific rail yard which would provide an even wider buffer along the east
edge of the subject site. Further, the east edge of the existing rail yard is bordered by the Wade Road right of way.
The south end of the subject site is the limit of Baytown's corporate boundary and the adjacent property south of
the subject site is not within Baytown City Limits. Understanding that there is a desire to be a good neighbor, we
would propose a 10' high noise and light wall in an effort to minimize the impact on the neighboring properties.
11700 Katy Freeway,Suite :00 Houston,TX 77M�! ��
Kimley>>)Horn W,4A
The west property line abuts an existing San Jacinto River Authority freshwater conveyance channel and west of
the ditch there is an industrial warehouse development which is compatible with the current plan for development
of the subject site.
6.The proposed use is consistent with the comprehensive plan and is generally consistent with the purposes
with the ULDC.
As stated in the Comprehensive Plan, "The Baytown Airport is currently making plans for expansion which could
enhance Baytown's prospects as a growing logistics and distribution hub. This expansion, combined with
Baytown's ready access to other modes of transportation and freight movement, provides enhanced economic
development opportunities for the area."The proposed rail yard and future Union Pacific improvements will
further support the increased volume of rail traffic and movement of goods which is aligned with one of the
stated goals of the Comprehensive Plan.
7.That the site plan meets the criteria set forth in the ULDC Section 1.26 (e), whereas 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 but not limited to, hours of
operation and additional landscape or parking requirements.
See the attached site plan exhibit.
00 Katy Freeway, Suite :00 Houston,TX ��
Print Details Page 1 of I
HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2020
REAL PROPERTY ACCOUNT INFORMATION
0591430000422
"Print
Owner and Property Information
Owner Name & PORT SO INTERMODAL LLC Legal Description: TR 3 BLK 2 &
Mailing Address: 1885 SAINT JAMES PL STE 1100 TRS 20 & 20A BLK 20 &
HOUSTON TX 77056-4177 TR 21B-1 BLK 22&
TRS 23 & 23C BLK 23
ELENA FRUIT&COTTON FARMS C
Property Address: 6511 THOMPSON RD
BAYTOWN TX 77521
State Class Land Use Code Building Total Land Area Building Net Neighborhood Market Area Map Key
Code Class Units Area Rentable Facet Maps
Area
F2 -- Real, 8002 -- Land 0 5,949,163 0 1 0 9462 311 --ISO 16 - 6259CI 500E
Industrial Neighborhood SF Baytown Sterling
Section 2 Area
Value Status Information
Value Status Notice Date Hearing Status Shared CAD
Noticed 5/15/2020 Protest Received No
Exemptions and Jurisdictions
Exemption Type Districts Jurisdictions Exemption Value ARB Status 2019 Rate 2020 Rate
None 016 GOOSE CREEK CISD Not Certified 1.354280
040 HARRIS COUNTY Not Certified 0.407130
041 HARRIS CO FLOOD CNTRL Not Certified 0.027920
042 PORT OF HOUSTON AUTHY Not Certified 0.010740
043 HARRIS CO HOSP DIST Not Certified 0.165910
044 HARRIS CO EDUC DEPT Not Certified 0.005000
046 LEE IR COLLEGE DIST Not Certified 0.230100
O51 CITY OF BAYTOWN Not Certified 0.802030
Texas law prohibits us from displaying residential photographs, sketches, floor plans, or information indicating the age of a property
owner on our website. You can inspect this information or get a copy at HCAD's information center at 13013 NW Freewa .
Valuations
Value as of January 1, 2019 Value as of January 1, 2020
Market Appraised Market Appraised
Land 5,295,4411 Land 12,797,557
Improvement 01 Improvement 0
Total 5,295,4411 5,295,441 Total 12,797,557 12,797,557
Land
Market Value Land
Line Description Site Unit Units Size Site O/Rpp Appr O/R Total Unit Adj Value
Code Type Factor Factor Factor Reason Adj Price Price
1 8002 -- Land Neighborhood 4400 SF 5,557,123 1.00 1.00 0.75 Shape or Size 0.75 3.00 2.25 12,503,527.00
Section 2
2 8002-- Land Neighborhood 4547 SF 392,040 1.00 0.25 1.00 Restr or Non- 0.25 3.00 0.75 294,030.00
Section 2 Conf
Building
Vacant (No Building Data)
https://public.hcad.org/records/Print.asp?crypt=%94°/`AD%AE%A9%C4%8F%B5°/uCF%8 C%7Chf`/o 8Eb... 7/7/2020
.� ENERGY
,j TRANSFER
GENERAL GUIDELINES
FOR THIRD-PARTY CONSTRUCTION OR MAINTENANCE ACTIVITIES
Energy Transfer and its affiliates and related companies ("ET") are dedicated to the highest safety standards in
the continued operation of their pipelines and facilities. Of utmost importance to ET is the continued safety of the
public and its pipeline and facilities during construction and other activities on, across, over or under its right-of-
way. ET is therefore pleased to provide these general guidelines ("Guidelines") for third-party construction,
blasting, installation or modification of pipelines, underground utilities, roads, streets, driveways, ditches,
drainage canals or any other type of temporary or permanent structure or obstruction or any other encroachment
on, over, across, or paralleling, ET's right-of-way(hereinafter referred to as "Crossing"or"Crossings").
These Guidelines are intended to be consistent with State Code and are further based upon industry standards and
practice. These Guidelines are merely guidelines and upon notification to ET of a proposed Crossing,as required
by State Code, each proposed Crossing and its corresponding finalized plans and profile drawings will be
evaluated by ET and the third-party requesting such Crossing, pending final approval.
1. Notification
a. The party requesting such Crossing shall use its best efforts to provide ET with its finalized
plans and profile drawings at least thirty days (30) days prior to any related construction or
maintenance activity. The Pipeline Facility shall include, but is not limited to, rights-of-
way, fee properties, easements, pipelines, meter and regulator buildings and valve sites
("ET Pipeline Facility" or "Facilities"). Unless otherwise agreed to by ET in writing, no
equipment shall enter onto ET's Pipeline Facility unless an ET representative is on
location.
b. No excavation shall occur in the vicinity of ET's pipeline facility until:
1) In accordance with the State approved Notification Centers, ET shall be notified at least
48 hours in advance of any construction or maintenance activity. You must contact the
State approved Notification Center at 811. Before commencing any Crossing at or near
ET's Pipeline Facility you must also contact ET's Field Representative(s);
2) Unless otherwise agreed to by ET in writing, an ET inspector is on site to monitor the
excavation activities.
2. Drawings for Proposed Construction or Maintenance
Any proposed construction or maintenance activity in the vicinity of ET's Pipeline Facility will
require submittal of final plans and profile drawings for prior review and approval by ET. One
(1) copy of these drawings must be subm tted to ET's Encroachment Department via e-mail
Encroachnuntsm:cncr<_vtransfcr.conl. All plans and drawings must show in detail, all of ET's
Revised 4/18/19
Pipeline Facilities, its corresponding right-of-way and any other landmarks that will assist ET
to determine the location of the proposed Crossing and the affects of the proposed construction
or maintenance activity on ET's Pipeline Facility.
3. Encroachment Agreement
In certain instances, due to the type of crossing required and the probable impact upon ET's
Facilities, an encroachment agreement may be necessary for proposed construction or
maintenance within ET's Pipeline Facility. ET shall be responsible for preparing such
encroachment agreement and shall bear the cost and expense in such preparation. Such
encroachment agreement shall outline the responsibilities, conditions and liabilities of the
parties and must be fully executed and in ET's possession prior to commencing any
construction activity.
4. Insurance Coverage
In certain instances, due to the type of crossing required and the probable impact upon ET's
Facilities, ET may require evidence of comprehensive general liability insurance coverage
prior to any construction or maintenance activity in the vicinity of its Facilities. In the event
that ET requires evidence of comprehensive general liability insurance, ET and/or its affiliates
and related companies, whichever the case may be, shall be named as additional insured.
5. Crossing Pipelines with Equipment
To protect ET's pipelines or related Facilities from additional external loading, ET may
perform a field survey and an engineering study to determine the effects of any proposed
activity over its pipelines or related Facilities. Mats, timber, bridges, or other protective
materials deemed necessary and appropriate by ET may be required and placed over ET's
pipelines or related Facilities for the duration of any loading. E-mail
encroachments@energytransfer.com.
6. Excavation,Cuts,or Fill near ET's Pipeline Facility
a. Unless otherwise agreed to by ET in writing, an ET representative will be on location prior
to and during construction activity within ET's Pipeline Facility.
b. No heavy equipment of any type will be permitted to work directly over ET's pipelines or
related Facilities,unless otherwise agreed to in writing by ET.
c. All excavation within eighteen inches (18") of any pipeline will be performed by hand. At
the discretion of ET's onsite representative, excavators may be required to hand dig
beginning at a distance greater than eighteen inches(18").
d. All excavations within ET's Pipeline Facility shall be backfilled with a minimum of eight
inches (8") lifts of backfill material, where pipeline padding is reduced ensure backfill is
clean and free from rock,trash,concrete,rubbish,or hazardous material. Soil backfill must
be compacted to the satisfaction of the ET onsite inspector so that settling does not occur.
e. No grade cuts will be permitted within ET's Pipeline Facility unless otherwise agreed to in
writing by ET and with ET's representative on location. An engineering study may be
performed to ensure that the lateral stability of ET's pipelines or related Facilities are not
affected.
Revised 4/18/19
f. No fill shall be permitted within ET's Pipeline Facility unless otherwise agreed to in
writing by ET. No more than twenty-four inches (24") of earthen fill material (pipeline
cover not to exceed 7ft.), free from any rocks, trash, concrete, rubbish, rebar, hazardous
materials, etc., will be pennitted within ET's Pipeline Facility, unless otherwise agreed to
in writing by ET.
g. Earthen cover over ET's pipelines shall be thirty-six inches (36") or no less than what was
originally there prior to any construction. In the event that ET determines that a lesser
cover will not increase the risk to the public or increase the risk of a break, leak,rupture or
other damage to ET's pipelines or related Facilities, ET may allow a lesser earthen cover,
in a minimum amount as determined solely within the discretion of ET.
h. No trash or debris shall be placed in any excavation or left in or on ET's Pipeline Facility.
i. The creation of storm water outfalls or other water management controls which would
make the pipeline right-of-way more susceptible to erosion shall be avoided or mitigated.
7. Aboveground Appurtenances,Structures and Obstructions
a. Unless otherwise agreed to in writing by ET,no aboveground appurtenances, structures, or
obstructions of a temporary or permanent nature shall be located within ET's Pipeline
Facility that,in any way,interfere with operating, maintaining,accessing,inspecting,
repairing,modifying,replacing or relocating such Facilities.The appurtenances,structures
and obstructions include,but are not limited to the following: buildings,structures,signage,
utility poles, steel towers,guy wires,other structures supporting aerial lines,satellite
dishes, manholes, catch basins,septic systems, utility pedestals, transformers,fire hydrant,
large spoils of earthen materials,decks,pools,boats, RV's,trailers and storage of
hazardous or non-hazardous materials.
b. Unless otherwise agreed to in writing by ET, no foreign towers (Wind Turbine and
Communication Towers) are permitted within 1500 feet (1500') of company facilities.
Refer any requests to the Right-of-Way Representative/Encroachments Group.
8. Proposed Pipe and Utility Lines
a. General Guidelines:
1. For the safety of the public and to lessen the risk of a break, leak, rupture or other
damage to ET's Pipeline Facility and in furtherance of the state code, ET's Pipeline
Facility shall be positively located by ET before any Crossings are constructed or
installed near ET's Pipeline Facility.
2. Plan and profile drawings are required for all foreign utility crossings.
3. For open trench crossings, ET requires a minimum clearance of twenty-four inches
(24") be maintained between the bottom of ET's pipeline or related Facilities and
any foreign line or facilities unless otherwise agreed to in writing by
ET.
4. For conventional bore crossings, ET requires a minimum clearance of thirty-six
inches(36")below ET's pipeline/facilities.
Revised 4/18119
5. For horizontal directionally drilled bore crossings, ET requires a minimum
clearance of thirty-six inches (36") below ET's Facilities. For large diameter
(twelve inches (12") or greater) foreign line crossings, a minimum of sixty inches
(60") of clearance below company pipeline facilities the entire width of company
right-of-way.
6. Excavate ET Facilities at the point of the proposed crossing on the approach side to
verify the auger head, boring and installation process will not damage company
pipeline facilities.
7. All foreign lines shall cross ET's Pipeline Facility at ninety degrees (90°) or at an
angle of not less than forty-five degrees (45°), unless otherwise approved by ET.
Longitudinal occupancy of ET's Pipeline Facility will not be pennitted.
8. Buried utility lines must be identified with pennanent aboveground markers where
lines enter and exit ET's right-of-way. Installation and maintenance of the markers
shall be the responsibility of the foreign line owner.
9. No manholes, valves or other appurtenances will be pennitted within ET's Pipeline
Facility.
10. No vertical or horizontal bends allowed within ET's Pipeline Facility unless
approved by ET.
11. ET's Pipeline Facility is cathodically protected. All other cathodically protected
facilities that enter or cross ET's Pipeline Facility must have test leads installed.
Any inquiries for cooperative testing should be directed to the attention of ET's
Field Representative on location. Any Utility crossings that may be negatively
affected by ET cathodic protection will need to be designed accordingly (i.e.
coated,cased,etc.)
12. ET may require excavation of its Facilities to perform corrosion related tasks
before and during foreign line crossings as required.
13. All underground utilities (other than residential telephone, cable TV and 24 volt
DC power lines) may require plastic identification tape installed no closer than
eighteen inches(18")above the line.
b. Water or Forced Sewer Lines
1. All water and sewer lines shall be either (1) ductile iron or steel casing (coated to
protect it from ET's cathodic protection) or(2) steel encased in plastic schedule 80
PVC for a minimum of 5-feet on either side of any ET's pipelines or related
Facilities or(3)standard PVC pipe.
2. Forced sewer lines shall have no piping connections located within 5-feet of any
ET's pipelines or related Facilities or placed within ET's pipeline easement.
Revised 4/18/19
C. Communication, Power or Combustible Material Lines
l. When open trenching crossing with underground fiber optic cables,telephone and
television cables (other than residential telephone and cable TV) crossing ET's
Pipeline Facility shall be installed in rigid nonmetallic conduit with bags of
concrete-mix placed directly above and below the conduit across company right-
of-way or similar company approved method. Place warning burial tape the width
of company right-of-way at least 18 inches (18") directly above communication
cables.
2. When open trench crossing with underground electric cables except 24-volt DC
power lines (including single residential service drops) crossing ET's facilities
shall be installed in nonmetallic conduit with bags of concrete-mix placed directly
above and below the conduit across company right-of-way or similar company
approved method. A minimum of thirty-six inches (36") is required if over 600
volts. If it is necessary for a residential service drop to cross above ET Facilities,
concrete bags are not required, only red caution tape for the full width of the
ROW.
3. When underground electric cable over 10 kV is crossing ET Facilities it shall be a
shielded cable installed in metallic casing with dielectric coating with bags of
concrete-mix placed directly above and below the conduit across company right-
of-way or similar company approved method. ET requires a minimum clearance
of sixty inches(60")below ET's pipeline/facilities.
4. Any overhead crossing exceeding 160 kV must be reviewed by ET's corrosion
department.
5. All overhead power/communication lines must cross ET Facilities with a
minimum vertical overhead clearance of twenty-five feet (25') to grade at full
load and maximum temperature.
6. ET recommends that all underground residential telephone, cable TV and 24 volt
DC power lines be encased in plastic conduit for the full width of the right-of-
way.
ci. Exclusive Easement Construction
1. When constructing a directional drill across ET's easement a minimum separation
of ten (10) feet must be maintained between the outside diameter of the bottom of
ET's pipeline and the top of any of your facilities within ET's exclusive easement
area
2. When constructing a conventional bore across ET's easement a minimum
separation of three(3) feet must be maintained between the outside diameter of the
bottom of ET's pipeline and the top of any of your facilities within ET's exclusive
easement area
Revised 4/18/19
9. Proposed Roads,Streets,Driveways,Access Ways and Parking Lots
a. Load stress will be calculated by ET to detennine if any protection of the pipeline is
required for roadways, streets, driveways,access ways, etc.,planned to cross ET's Pipeline
Facility. In the event it is determined by ET that the roadways, streets, driveways, access
ways, etc., will increase a risk to the public or increase a risk of a break, leak, rupture or
other damage to ET's Pipeline Facility, ET may require, at the sole cost and expense of the
party requesting such Crossing, the installation of protective material or pipeline
adjustment as may be deemed necessary by ET to protect the public or ET's Pipeline
Facility.
b. The preferred minimum earth cover over ET's Pipeline Facility is forty-eight inches (48")
at all roadways, streets, driveways, access ways,etc., including adjacent ditch lines. In the
event that ET determines that a lesser cover will not increase a risk to the public or
increase a risk of a break, leak, rupture or other damage to the pipeline or related Facilities,
ET may allow a lesser earth cover, in a minimum amount as determined solely within the
discretion of ET. In the event the required amount of cover is not obtainable as reflected in
finalized plan and profile drawings, ET may require the installation of protective material
at no expense to ET. Cover shall be measured from the top of ET's pipeline to the surface
of the road.
c. Roads and streets crossing over ET's Pipeline Facility shall cross at an angle of not less
than forty-five degrees (45°), or as near as possible thereto. Crossings should be over
straight pipe and at locations free of any crossovers. Longitudinal occupancy of the right-
of-way will not be permitted.
d. No parking areas or the like will be allowed on, over or across ET's Pipeline Facility
unless ET determines that the parking areas, etc. will not increase a risk or restrain access
to its facilities, increase a risk to the public and/or increase a risk of a break, leak, rupture
or other damage to the Facilities. The party requesting such crossing shall install, at its
sole cost and expense, any protective material as deemed necessary by ET to protect the
public or ET's pipeline facility.
e. Permanent pipeline marker(s), provided by ET, will be installed at all road crossings.
10. Disposal Systems
No aerobic septic systems, septic tanks, liquid disposal systems, or hazardous waste disposal
systems will be allowed on ET's Pipeline Facility or within twenty-five (25) feet of ET's
Pipeline Facility, unless otherwise agreed to in writing by ET. This will include, but is not
limited to, affluent from sewage disposal systems, the discharge of any hydrocarbon substance,
the discharge or disposal of any regulated waste, or any other discharge that may prove
damaging or corrosive to ET's Pipeline Facility.
11. Impoundment of Water
a. In order to provide for the adequate maintenance and operation of ET's Pipeline Facility,
the impoundment of water on ET's Pipeline Facility will not be allowed.
Revised 4/18/19
b. Temporary soil erosion and sediment control devices and storm water detention
basins/traps will not be permitted on ET's Pipeline Facility unless otherwise agreed to in
writing by ET.
12. Blasting& Seismic Activity
a. To the extent it impacts the lateral stability or otherwise endangers or interferes with the
efficiency, safety, or convenient operation of ET's Pipeline Facility, no explosive
detonations will be permitted within 300-feet of ET's Pipeline Facility without: (1) prior
blast plan impact analysis and written approval from ET and(2) ET's representative on site
during blasting. To determine if the detonation stresses will be detrimental to the safety of
ET's Pipeline Facility, information required to complete ET's "Blasting Data Sheet" must
be submitted to ET for evaluation and approval no less than 30 days prior to the proposed
date of blasting activity. The contractor perfonning the blasting will be required to verify
by signature the proposed blasting plan.
b. No "Non-Explosive" seismic testing or construction equipment with steady state vibrator,
intermittent vibrator, or thumper sources shall be conducted within 150 feet of ET's
Pipeline Facility without prior written approval.
13. Landscaping& Irrigation Systems
a. Landscaping shall not be permitted within ET's Pipeline Facility unless otherwise agreed
to in writing by ET.
b. Irrigation heads and valves shall not be permitted within ET's Pipeline Facility unless
otherwise agreed to in writing by ET.
c. Irrigation systems shall not be directly installed longitudinally over ET's Pipeline Facility
and shall not be buried deeper than 12-inches, regardless of location, from the surface of
the ground within ET's Pipeline Facility.
14. Pipeline Markers
The party request such Crossing will ensure that all temporary and permanent pipeline markers
installed by ET are protected and maintained at all times during construction or Crossing
related activity. Any pennanent markers damaged or removed will be replaced by ET at the
sole expense of the party requesting such Crossing. No work will be allowed to commence
until, in the opinion of ET, sufficient pipeline markers are in place. Unauthorized damage or
removal of pipeline markers is punishable by Federal law.
15. Right of Ingress and Egress
a. The party requesting such Crossing shall have the right to install fences on, over and
across the Facilities,provided,however, that ET shall have the unrestricted right of ingress
and egress to its Facilities at all times. Any fencing, except agricultural fence, must be
approved in writing by ET. ET prohibits any fencing which obstructs access or line of
sight for patrol/inspection or identification markers.
b. ET, at its sole option and discretion, may require the party requesting such Crossing to
install, at its sole cost and expense and for ET's benefit, a walk gate at least three(3) feet
in width for residential lots or gate at least twelve(12) feet in width for rural areas at each
Revised 4/18/19
fence crossing. ET shall provide a lock for such gate(s). Said gate(s) shall be installed as
to provide ET with ingress and egress access to its pipeline or related facilities and to
minimize vehicular and equipment travel over ET's pipeline or Facilities.
c. The party requesting such Crossing shall be responsible for keeping the enclosed portion
of ET's pipeline or related Facilities free of any debris or trash.
d. ET's pipeline or related Facilities shall be positively located by ET before any fences are
constructed or installed near ET's pipeline or related Facilities. Post hale excavations for
fencing placed upon ET's pipeline or related Facilities shall not be greater than a depth of
eighteen inches (18") below the undisturbed grade level nor closer than five feet (5')
horizontally from ET's pipeline or related Facilities, unless approved in writing by ET.
No other excavations of any kind may be made in the pipeline or related Facilities without
the prior written consent of ET.
16. Statement Regarding Existing Rights
NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO CONVEY,WAIVE,OR SUBORDINATE
ANY OF ET'S EXISTING RIGHTS WHATSOEVER. SHOULD A CONFLICT EXIST WITH THE
LANGUAGE CONTAINED IN ANY ET ENCROACHMENT AGREEMENT, EASEMENT, OR
PETITION IN CONDEMNATION AND THESE GUIDELINES, ET's ENCROACHMENT
AGREEMENT, EASEMENT, OR PETITION IN CONDEMNATION SHALL CONTROL AND BE
DECISIVE OF THE ISSUE.
17. Statements Regarding Guidelines for Construction and Maintenance
Certain construction and maintenance activities may be reviewed and approved by ET at one
point in time, but not immediately installed or performed. Therefore, all construction and
maintenance activities are subject to the Guidelines in affect at the time the work actually takes
place. In addition, the guidelines described in this document represent those industry standards
that ET believes meet the minimum acceptable standards regarding third-party construction
and maintenance activities in the vicinity of ET's Pipeline Facility. Therefore, after review of
the final plan and profile drawings, ET may, in the event that ET determines the construction
and maintenance activities will increase a risk to the public or increase a risk of a break, leak,
rupture or other damage to ET's Pipeline Facility, require fortifications in furtherance of state
codes. The party requesting such Crossing agrees to alter, modify or halt any construction
activity, which in the sole opinion of ET's, will increase the risk to the public or increase the
risk of a break, leak, rupture or other damage to ET's Pipeline Facility.
All written correspondences and your final design plans are to be addressed to:
Energy Transfer Company
Encroach mentsGdenergvtransfer.com
Attention: Encroachment Department
[END]
Revised 4118/19
PHASE II - REZONING & SPECIAL USE PERMIT
SITE AREA=.1-134.6 AC(5,862,924 SF)
m
=Or-�n.t'..,a �v�_i��mx ce oc,uuros+�me.r._ woanc.xe.¢ur¢ vu um w[m,nwnennrtmsutr.au¢m_ , �®
RT
LOGISTICS CENTER
-.. DEVELOPMENT
` mid six... llrlA ONIN33HJ5 p NAM III' lItlIIM�O9 NI183S-NIIOIIVA1l3
z PWW '•rc3rnx i rvw i�.v-� L] bJ bJ ...
ism
I I
9
—•—�^-- mP IVM ONN33H -Nrld
N x A + u
3llIp3H05 tl31d A 150d
— — aro>o r,Nra Sl�sllv13l3a
xdltlls MOW Yn
� `l:���C--1•yam. .x...0 �.
""'-" '— •^� 'O"'� 15Od 5N011935
_Till
S"C"O'PFosi.,,
z
MOW SiRiP _�- - s z
DETAILS- PANEL k CAP
Z
CCU
_'POST 6 PIER SCHEDULE FOR 9 WALL ��- Z a
Z
�� wF
MI
s C Z
WPLAN- GREENING WAL
arE
I I I
sma
I I I 'E�8
5 lllccc��F�l�!'!
�i :•n
ELEVATION-SCREENING WALL SECiIONr.r SCREENING WALL
PHASE II - REZONING & SPECIAL USE PERMIT_
SITE AREA=-1-134.6 AC(5,882,924 SF)
•�mw..xw...m ' � �, �� ���� � �� fit
all,
i-
1 ®;
a
PORT 10 LOGISTICS CENTER
_PONTIKES DEVELOPMENT
II