Council moves to approve development agreement with BNSF that adds large buffers, limits heights and certain uses

City officials reviewed and moved forward with a development agreement framework with BNSF Railway that the city said would add new protections for nearby homes and limit certain industrial uses.

Courtney, a city staff member who presented the draft terms, told the council that the negotiated development regulations add protections that were not in the previous agreement: “we have been negotiating with BNSF since, May when BNSF well, this body denied the preliminary plat application, BNSF filed a lawsuit against the city, asking the court to require the city to approve the plat,” she said, then summarized the negotiated protections.

The nut of the proposal is a 500-foot vegetated buffer from the property line with planting (trees, shrubs, turf) and a masonry fence that must comply with Code of Ordinances section 27.8 immediately inside the buffer. In addition, the city described minimum front, side and rear yard setbacks of 320 feet each (described in the discussion as a combined 820 feet between the property line and any building, outdoor storage, railroad spur track…