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Home My WebLink About2152-P DATE: November 19, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting a NGL pipeline and related appurtenances in a RS (Residential Single Family Dwelling) District FILE: 2152-P STAFF REPORT The Planning Manager recommends approval subject to the following 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. 5. 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. Crosstex NGL Pipeline, L.P. is in the process of installing an interstate NGL pipeline as part of its common carrier system. A portion of this pipeline will be installed across the City of Beaumont. The location of the property which is zoned RS (Residential Single Family Dwelling) District and through which the pipeline will cross extends 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 an LNVA Canal. Part of the pipeline will be constructed in an existing pipeline right-of-way. However, in some locations, the pipeline will be laid outside of that existing right-of-way. STAFF REPORT cont. Crosstex has acquired agreements with the owners of all the properties through which the pipeline is crossing and are zoned RS. It is those properties that require a specific use permit. Crosstex states that the company and its subcontractors will take all necessary precautions during construction to prevent any offensive odor, fumes, dust, noise and vibration from affecting any properties in the immediate vicinity. Crosstex and its subcontractors do not plan to work during night time hours. Once the pipeline is laid underground, Crosstex will return the right-of-way to the condition prior to construction and will maintain the right-of-way after construction. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 92 . Responses in Favor . Responses in Opposition . 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. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in Comments Compliance Compliance Attached CONDITIONS: 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; X 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; X 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; X 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; X 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with all eight conditions necessary for approval. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Crosstex NGL Pipeline, L.P. PROPERTY OWNER: Jefferson County Drainage District #6, Enterprise Intrastate, L.P., Entergy Texas, Inc., H.R. Iles, L.P., Albert Williamson, Sherrill Riley, James and Charloise Boswell, Charles Sistrunk, Rodney Sistrunk, Malcom Sistrunk Jr., Linda Gillespe, Bennie Babin Jr., Howard Grant Nichols Family LTD Partnership, LOCATION: 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' of Old Voth Road to the west side of an LNVA Canal EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 248.97 acres, more or less EXISTING LAND USES: Mixed FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain; Shaded A X @ - Areas determined to be in 500-year floodplain; A AE @ - Areas determined to be in 100-year floodplain PROPERTY OWNERS AUGUSTINE AMANDA GAIL BABIN MACHINE WORKS BAILEY CRAIG M BARTON TOMMMY L BEAUMONT HOUSING AUTHORITY BOOKER DEE BORDELON JERRY & JULIE BOSWELL J C BRANNON SUE BURNETT DARLEEN BUSSELL DAVID J BYNUM ROBERT CARDENAS JUAN CLARK PATRICIA ANN CLARK RONALD G CLARK RONALD G COX TONY W DAVID JAMES BRODY ET AL DAVIS BRANDON R DELGADO EVA ZAVALA DUNCAN CLYDE & BARBARA ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERGY TEXAS INC ENTERPRISE INTRASTATE LP ENTERPRISE INTRASTATE LP ENTERPRISE INTRASTATE LP ENTERPRISE INTRASTATE LP ENTERPRISE INTRASTATE LP ENTERPRISE INTRASTATE LP FARACI JOHN T & MICHELE R FOX JACKIE LEE FOXWORTH EDNA LEE FRIEDMAN LORI & MICHAEL FRUGE PAUL C GAMMILL MICHAEL J PROPERTY OWNERS cont. GAMMILL MICHAEL J GMAC MORTGAGE LLC GORE THOMAS DARRELL GRAHAM ESTERLINE GREENE LARRY & YVONNE B GROHN NELL F HILL CLINTON L HUFF MICHAEL & MARY ANN STOKER HUNT PETER L & KIM L HUNT ILES H R LP INGLE EDWIN D & GRACE JAMES GARY DOUGLAS & PATRICIA JAMES GARY DOUGLAS & PATRICIA JEFFERSON COUNTY D D 6 JEFFERSON COUNTY D D 6 JEFFERSON COUNTY D D 6 JOSEPH LISA V KANTANE LEONARD KRELLNER MICHAEL V LIAO WEI-SHE LOPEZ DONALD R & SELAH J LOWER NECHES VALLEY AUTHORITY MASTERS JEREMY MAXEY DAVID ANDREW MCNEEL BRADLEY MILLER RODNEY & KEDRA L MOCK TIMOTHY D MOORE HARRY E & JOY L NICHOLS HOWARD GRANT FAMILY P & J INVESTMENTS LTD PEPPERS BILLY W & JESSICA C PEREZ MARTHA A POLITE DONALD J POLLARD WESTLEY JR & SELENA RAMSEY ISOM & ALVA J REED SERENA & SHAWN SANDOVAL BRITTANY SCHERRY MARK J & EMILY B SNAPP DAVID C TATMON MICHAEL D JR & MELLOW N VIDRINE R F VIDRINE RONALD WILLIAMSON MOODYE W WILLIAMSON MOODYE W WISE TROY R WOLFE CHRISTOPHER J & ALISHA M