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HomeMy WebLinkAboutORD 12-095 ORDINANCE NO. 12-095 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION, MAINTAINING, OPERATING, REPAIRING, REPLACING, ALTERING AND INSPECTING OF A NGL PIPELINE AND RELATED APPURTENANCES IN A RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT EXTENDING FROM APPROXIMATELY 2,600'± EAST OF THE SOUTHEAST CORNER OF HELBIG AND GAGER TO APPROXIMATELY 1,140'± WEST OF LAWRENCE DRIVE AND FROM APPROXIMATELY 50'± EAST OF OLD VOTH ROAD TO THE WEST SIDE OF A LNVA CANAL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Crosstex NGL Pipeline, L.P. has applied for a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting of a NGL Pipeline and related appurtenances in a RS (Residential Single Family Dwelling) District extending from approximately 2,600'± east of the southeast corner of Helbig and Gager to approximately 1,140'±west of Lawrence Drive and from approximately 50'±east of Old Voth Road tot he West side of a LNVA Canal, as described in Exhibit"A"and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting of a NGL Pipeline and related appurtenances in a RS (Residential Single Family Dwelling) District extending from approximately 2,600'± east of the southeast corner of Helbig and Gager to approximately 1,140'±west of Lawrence Drive and from approximately 50'±east of Old Voth Road tot he West side of a LNVA Canal, subject to the following conditions: • Maintain and/or improve the existing natural storm water drainage in the construction zone after construction is completed. • A Pipeline License Agreement and a Utility Crossing Agreement must be submitted and approved prior to any work being performed within the City right-of-way. A map shall be submitted to Water Utilities showing where the pipeline will be crossing any City of Beaumont water and sanitary sewer mains, both within and outside the City. In addition to the overall map, plan and profile drawings must be submitted for each crossing. The pipeline must be installed a minimum of 5 feet below the bottom of the lowest pipe crossing. • All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 edition). • Existing access points being utilized by Crosstex shall be shown on a map displaying the scope of the project within the city limits. • Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. • Clear space between the bottoms of existing ditches and storm sewer pipes to the top of the Crosstex pipeline shall not be less than 5 feet. • If work is to be performed on any street or public right-of-way, submit an application for street cuts and barricading. and, WHEREAS,the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting of a NGL Pipeline and related appurtenances in a RS (Residential Single Family Dwelling)District extending from approximately 2,600'± east of the southeast corner of Helbig and Gager to approximately 1,140'± west of Lawrence Drive and from approximately 50'± east of Old Voth Road to the west side of a LNVA Canal, as shown on Exhibit "B," attached herereto, is hereby granted to Crosstex NGL Pipeline, L.P., its legal representatives, successors and assigns,as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Maintain and/or improve the existing natural storm water drainage in the construction zone after construction is completed. • A Pipeline License Agreement and a Utility Crossing Agreement must be submitted and approved prior to any work being performed within the City right-of-way. A map shall be submitted to Water Utilities showing where the pipeline will be crossing any City of Beaumont water and sanitary sewer mains, both within and outside the City. In addition to the overall map, plan and profile drawings must be submitted for each crossing. The pipeline must be installed a minimum of 5 feet below the bottom of the lowest pipe crossing. • All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 edition). • Existing access points being utilized by Crosstex shall be shown on a map displaying the scope of the project within the city limits. • Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. • Clear space between the bottoms of existing ditches and storm sewer pipes to the top of the Crosstex pipeline shall not be less than 5 feet. • If work is to be performed on any street or public right-of-way, submit an application for street cuts and barricading. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of December, 2012. � 1 01 - Mayor Pro Tern Alan B. Coleman - 4w AW �� LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being 14.92 acres of land in the Thomas Spear League, Abstract 50 recorded at 9633304 of the Deed Records of Jefferson County, Texas; 15.616 acres of land in the W.B. Dyches Survey, Abstract 17 recorded in Volume 998,Page 228 of the Deed Records of Jefferson County, Texas; 10.038 acres of land in the W.B. Dyches Survey, Abstract 17 recorded in Volume 1008, Page 559 of the Deed Records of Jefferson County, Texas;Lot 19,Block 7 and Lots 8 and 13, Block 8, Suburban Acres Addition, Unit 2; 31.544 acres of land in the Thomas Spear League, Abstract 50 recorded in Volume 1297, Page 206 of the Deed Records of Jefferson, Texas; 10.946 acres of land in the Thomas Spear League, Abstract 50 recorded in Volume 993, Page 567 of the Deed Records of Jefferson County, Texas; 4.554 acres of land in the Thomas Spear League, Abstract 50 recorded in Volume 1003, Page 137 of the Deed Records of Jefferson County, Texas;24.270 acres of land in the W.B. Dyches Survey, Abstract 17 recorded in Volume 2008,Page 260 of the Deed Records of Jefferson County, Texas;3.644 acres of land in the Thomas Spear League, Abstract 50 recorded in Volume 1911, Page 497 of the Deed Records of Jefferson County, Texas; 6.60 acres of land in the Thomas Spear League,Abstract 50 recorded in Volume 2327, Page 310 of the Deed Records of Jefferson County, Texas; 125.893 acres in the W.B. Dyches Survey, Abstract 17recorded in Clerk's file number 2007001675 filed in the Official Public Records of Real Property of Jefferson County, Texas, City of Beaumont, Jefferson County, Texas, containing 248.97 acres, more or less. EXHIBIT"A" {ile..J.�S' : Request for a specific use permit to allow the construction, maintaining, N )perating, repairing,replacing, altering and inspecting a NGL pipeline and related 1 � cppurtenances in a RS (Residential Single Family Dwelling) District :location: Extending from approximately 2,600'-+ east of the southeast corner of Helbig and sa ger to approximately 1,140't west of Lawrence Drive and from approximately 50't east )f Old Voth Road to the west side of a LNVA Canal applicant: Crosstex NGL Pipeline, L.P. 0 1,000 2,000 I i I I Feet -.___.-_ Legend 2152P CD x ?-- f J Ill ����' +may�� `�! •� IM^ CSC t_ ATI L'\ �� ;' ;;�•� �'`' ! �'T `. \ I I ITITI 17, -A i i T -,� - < `�L:� � e1 Fes- .k` ;y Tr /k - , ! +�T� F F,. c y,l r �` EXHIBIT "B" Conditioins are attached on the following page. Conditions: 1. Maintain and/or improve the existing natural storm water drainage in the construction zone after construction is completed. 2. A Pipeline License Agreement and a Utility Crossing Agreement must be submitted and approved prior to any work being performed within the City right- of-way. A map shall be submitted to Water Utilities showing where the pipeline will be crossing any City of Beaumont water and sanitary sewer mains,both within and outside the City. In addition to the overall map, plan and profile drawings must be submitted for each crossing. The pipeline must be installed a minimum of 5 feet below the bottom of the lowest pipe crossing. 3. All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices,Part 6(2009 edition). 4. Existing access points being utilized by Crosstex shall be shown on a map displaying the scope of the project within the city limits. S. Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. 6. Clear space between the bottoms of existing ditches and storm sewer pipes to the top of the Crosstex pipeline shall not be less than 5 feet. 7. If work is to be performed on any street or public right-of-way, submit an application for street cuts and barricading. -dip "V M Pilo' "M� jeffe on FFFF. IM LLJ I_r C R 0 S S T IE X E NER,G Y -S-E-RV,I,C*E S R-S(R.id.11 131 4.F:&,*) sp.c.f Use P-M pw Proposed Permanent Easement and Pipeline Route