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HomeMy WebLinkAboutPZ2022-216DATE: June 27, 2022 TO: Planning Commission and Cray Council FROM: Chris Boone, Interim City Manager SUBJECT: Consider a request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Fancily Dwelling) District. FILE: PZ2022-216 STAFF REPORT Jonathan Hart for BNSF Railway Company, is requesting a Specific Use Permit to allow a new railroad spar south of Fannin Street and east of Orr' Street. Some of that area, specifically the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street, are currently zoned RS (Residential Single -Family Dwelling), This zoning district requires a Specific Use permit for a new railroad track. Existing tracks are located to the north and cast adjacent to this location. Properties to the west and south of the new proposed railroad spur are single-family residential. homes. In the interest of preserving the value of these properties, an eight (8) foot tall brick or masonry wall will be required along the edge of the new railroad tracks, adjacent to the residential homes. In addition, a tell (10) foot wide landscaped buffer containing one (1) class A or two (2) class B trees for every twenty-five (25) linear feet, will be required along the same perimeter. The brick or masonry fence should be next to the tracks with the landscaping on the outside, closer to the residences. Staff recommends approval with the following conditions: Construct an eight (8) foot tall brick or masonry wall along the east edge of the new railroad tracks adjacent to existing residential properties. 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall. 3. BNSF participate in the City's rail crossing erdaancement program by permitting a mutually -agreeable pedestrian crossing at one of BNSF's rail lines. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 34 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 9-12, Block 31 and Lots 1-4, Block 32, Cartwright Terrace Addition, Beaumont, Jefferson County, Texas,, containing 1.58 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in Comments compliance compliance Attached 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or 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 sufficicrit landscaping and screening to insure harmony and compatibility with adjacent property; and, x & That the proposed use is in accordance with the Comprehensive Plan. x GENERAL INFORMATION/PUBLIC UTILITIES S APPLICANT: Jonathan Hart for BNSF Railway Company PROPERTY OWNER: BNSF Railway Company LOCATION: The northeast and west sides of the 600 block of Amarillo Street and the sor►th side of the 2600 block. of Fannin Street. EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE:. SURROUNDING LAND USES: NORTH: Vacant EAST: Vacant SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: RS (Residential Single -Family Dwelling) —1.58 acres Vacant X — Area determined to be o►xtside the 500- year flood plain III (I-leavy Industrial) HI RS (Residential Single -Family Dwelling) RS Conservation Revitalization Fannin Street --- Local Street with a 60' wide right-of-way and a 30' pavement width. ,Amarillo Street - A 60" wide right-of-way. Forsythe Street - Local street with a 60" wide right-of-way and a 16pavement width. Open ditch 2" water line SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPEwry OWNERS NOTIFIED WITHIN 200 FEET ALFARO MARTIN & MARIA A ANDERSON W G ARDOIN CHRISTOPHER BURRUS REAL ESTATE CO INC CASTILLO JESSICA DAVIS ALLEN RAY & PATRICIA ANT FIELDS JOT -IN E GOODE EARNESUNE LOMAX ESTATE CHRISTY SHANEE LOMAX AND GREEN ERNEST GUILLEN CESAREA JACKSON FRANCES MARTINET JOSE LUIS GARCIA MERAZ CESAR JR MIRELES FLORENCIO G PIER CARMON REYES BRUCE WILLYTER RICHARDS JEAN MARIE SCOTT CLARE F TRAVIS ROBERT LARRY UNION PACIFIC RAILROAD CO WATSON LENARD RAY WISE LOGAN & AMBER Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Specific Use Permit Tag Name: Request for Specific Use Permit Case #: PZ2022-216 Initiated On: 5/25/2022 4:06:46PM Location: 2661 FANNIN ST, BEAUMONT, TX Individuals listed on the record: Applicant BNSF Railway c/o Jonathan Hart Home Phone: 335 E. Palm Lane Work Phone: Phoenix, AZ 85004 Cell Phone: 7137759015 E-Mail: Jonathan@rowadvisors.com Property Owner BNSF Railway Company Home Phone: 2650 Lou Menk Drive Work Phone: Fort Worth, TX 76131 Cell Phone: E-Mail: Agent Jonathan Hart Home Phone: 335 E. Palm Lane Work Phone: Phoenix, AZ 85004 Cell Phone: 7137759015 E-Mail: Jonathan@rowadvisors.com Case Type: Planning and Zoning Page 1 of 2 Case #: PZ2022-216 Printed On: 5/25/2022 AUM NT Planning & Community Development Legal Description - Lots 9, 10. 11 and 12 in Block 31 of the Cartwright Terrace Addition — currently zoned as Residential Single Family. Lots 1, 2, 3, and 4 in Block 32 of the Cartwright Terrace Addition currently zoned as Residential Single Family. Number of Acres 2.00 Proposed' Use Industrial - rail That the specific use will be The subject property and surrounding properties are located between compatible with and not injurious to two existing railroad segments and adjacent to industrial property, the use and enjoyment of other The construction and operation of a connector track will not be property, nor significantly diminish or injurious to the use and enjoyment of other property, or significantly impair property values within the diminish or impair property values within the immediate vicinity. immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been, or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: The surrounding vacant property is located between two existing railroad segments and adjacent to industrial property. The construction and operation of a connector track will not impede the normal and orderly development and improvement of surrounding vacant property. Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided in coordination with the City of Beaumont. The plans provide for the safe and convenient movement of vehicular and pedestrian traffic. The project will be constructed in accordance with existing established standards for Class I railroads, BNSF does not intend to install lighting on the subject property. The subject property will' be incorporated' into BNSF's Maintenance of Way inventory, The proposed use does not adversely impact the Comprehensive Plan. Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2022-216 Printed On: 5/25d2022 May 25, 2022 Planning and Zoning Commission City of Beaumont 801 Main Street, Suite 210 Beaumont, TX 77701 RE.. BNSF Railway Company — Specific Use Permit Request Dear Commission, On behalf of BNSF Railway Company, please accept this letter requesting a Specific Use Permit to allow for the construction and operation of a connector track on the subject property. The subject property consists of the following: Lots 9, 10, 11 and 12 in Block 31 of the Cartwright Terrace Addition — currently zoned as Residential Single Family. Lots 1, 2, 3, and 4 in Block 32 of the Cartwright Terrace Addition — currently zoned as Residential Single Family. BNSF recently acquired the property for the purpose of constructing and operating a connector track linking two existing segments. The purpose of the track improvements is to serve the area market while improving efficiency on their network by reducing the number of stops, increasing fuel efficiency, reducing emissions, and enabling track maintenance to be completed without holding trains. The operations will be on an intermittent continuous basis, with no employees being located permanently on the property. BNSF has internal police/security available to respond to security concerns. BNSF respectfully requests consideration of this request in connection with PZ Application 2022- 186 and 2022-187, both of which are related to the same project crossing the subject property. Thank you in advance for your time and consideration. Respectfully Submitted, Jonathan Hart Attorney at Law R,0,W, Advisors, LIX Tel: (713) 775-9015 Email: jonathan@,rowadvisors,com I w. r , a LU Z:E Mo f a ui Lu to z zW(I)mw UJO > UJ (0 WLLJO LLI LU wza: LLM U) =3 z 0 Im it is s logo Vap 0 dd-P5\fibna�s ��dSrvS ?V4POY\5a93r+5hlk^I)A tlunas©�tlA0C7G m'211d rvY EL:�QZ�d t?0?/0?✓i 133815 Ym Y Y 89' i Y w Y 1i 1 � ✓ 9 r CiA za "`�QIr,I/Ih .ra a '41°14 p m z m � agazn-ed-susaoaus �,aot - zc'�:aansx��sun^171Fz�u�aro^aava¢©a�Mzrd Y4Y 'b Y�FS'd 22L�2FOC/I Z2022-216: A request for a Specific Use Permit to allow a new railroad spur in ail RS residential — Single -Family Dwelling) District. pplicant: BNSF Railway c/o Jonathan Hart ocation: The northeast and west sides of' the 600 block of Ainarillo, Street and the south side 2600 block of Fannin Street 100 200 1 Feet