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01-15-1996 (Planning & Zoning) Minutes MINUTES The Planning and Zoning Commission met in a regular Business Meeting on January 15, 1996, at 6:35 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman,Bart Peddicord, Rich Eckman, Cecilia Wood John Crowe, Stuart Allison and Tim Owen. ABSENT: Steve Ahrens - xcused STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips and Secretary- Rebecca Rogers. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from November 20, 1995 Regular Business Meeting. A motion was made by Rich Eckman and seconded by Cecilia Wood to approve the minutes as submitted. Motion carried, all in favor(6 votes). HEM NO. 2: Consider a request for interpretation as to the zoning classification into which "Batch Plant (Permanent)" should be placed. Mike Phillips,Director of Community Development, stated that a determination is needed as to what zoning classification to place the category of"Batch Plant (Permanent)". Stuart Allison asked when the site at 1502 Kirby(FM 544)was vacated,Mr. Phillips responded that he had heard it was in 1989. Cecilia Wood asked Mr. Phillips if he had contacted Air Quality Control or the EPA in regards to requirements or any citations that Bodin Concrete may have received. Mr. Phillips responded that he had contacted TNRCC and had in fact received some mail regarding two exemptions that batch plants can receive. George Ibarra at TNRCC in Fort Worth indicated that TNRCC did not have any problems with Bodin Concrete Co., Inc. Rich Eckman asked what falls under Batch Plant - Temporary which Mr. Phillips responded Temporary consisted of subdivision development, etc. Stuart Allison asked when the batch plant was first built and when was it annexed into the city, Mr. Phillips replied that area was annexed into the city 1959 and judging by the age of the buildings and the offices,looked to be built in the 1980's. This building has always been used as a Batch Plant. Mr. Eckman asked if staff had checked with surrounding cities to see in what zoning classification they have batch plants in. Mr. Phillips replied that most of the other cities, if they have the use listed, have it in their Industrial zoning, two cities treat it as a Planned Development and Ms. Wood stated that Garland has their Batch Plant(Hooper Concrete)in an Industrial-2 zoning. Industrial -2 is Garland's heavy industrial. John Crowe voiced concerns that this might blow up into a obnoxious nuisance like Griffin Industries. Mr. Phillips replied that TNRCC indicated that there should not be a problem with dust due to the regulations and exemptions. Bodin Concrete is required to have their dust 1 abatement equipment in place before they can receive their license to operate. Only gravel and sand are to be stored externally. Ms. Wood asked what the zoning was for the adjoining property and Mr. Phillips replied that the Post Office is B-2, the other side of FM 544 is Industrial and directly behind the batch plant is zoned 1000 ft. of SF-A and Planned Development with no specific use attached to it. Chairman Peddicord requested staffs opinion and Mr. Phillips recommended SUP in Industrial zoning. The SUP affords the P&Z Commission to review it in 18 months to see if it has caused any problems and then grant the use on a permanent basis. Chairman Peddicord asked if there was a reason why we would consider a SUP instead of permanent due to the number of years they have been in business in Rowlett without any problems. Mr. Phillips replied that SUP would allow for review 18 months and that if the company was up to par then it could be renewed. Mr. Eckman stated that a business may not want to invest that much money into a temporary SUP. Chairman Peddicord added that if it were a business that had problems and complaints that it might be a different situation,but felt it would be unrealistic to have a company move here at great expense and then possibly be told they can no longer operate their business in 18 months. Chairman Peddicord asked if there would be any reason that we couldn't grant them a permanent situation in stead of temporary. Mr. Phillips stated that this would not be a problem at all, but if it was a reputable company then there shouldn't be a problem with a review in 18 months and it would further strengthen their position in the community. Ms. Wood stated that if Bodin Concrete knew small town politics that they might not be comfortable with that type of situation. Mr. Eckman also stated that Bodin Concrete is governed by federal agencies and that he would recommend that it be placed into Industrial. Chairman Peddicord asked if the Commission was here to make a recommendation to let Bodin Concrete go in there. Mr. Phillips stated that it was to determine what zoning classification "Batch Plant-Permanent" should be placed and make recommendation to City Council. There was concern among several members in regards to granting a SUP to a company that has been in business as long as Bodin Concrete had with their good track record, that they might not want to move here only to have to close up shop in 18 months. The property in question is currently zoned Industrial. John Crowe felt that there should be some stipulations in Industrial due to a possible public outcry. Mr. Eckman stated that temporary is specifically for the development of a subdivision and the permanent would be in Industrial. Stuart Allison asked if Bodin was relocating the entire company. Mr. Richard Kelly of 4548 Chaha, Garland Texas, Vice President of Bodin Concrete stated that the Bodin Concrete's corporate office would be relocating to Wylie and still,maintain the other two plants in Rockwall and Rowlett. Mr. Allison asked if the site on FM 544 was previously a temporary or permanent batch plant. Mr. Kelly replied that the site in question was originally a permanent batch plant operated by Eagle Ready Mix and prior to Eagle, operated by Century Ready Mix. Mr. Allison voiced concern with that type of business in the same area as a subdivision. The City already has a problem with several industries in the area and the TNRCC has shown a lack of interest with these problems. Mr. Kelly stated that they have plants in Rockwall and Rowlett and that they have no problems with dust,etc,no complaints from either of the cities. The TNRCC has just renewed their 15 year license and keeps close tabs on them. Mr. Allison questioned the type of fencing requirements in Rowlett and Rockwall and Mr. Kelly replied that they have none but that Bodin Concrete does have a six foot chain link fence in place. Mr. Crowe stated that he would recommend that it be permitted on a temporary basis- 18 month SUP,to see if there is a dust problem. Mr. Kelly stated that this type of investment involved in a move of this type would make him hesitant about 2 moving into Wylie on a temporary basis. Bodin runs a clean operation, can be checked with TNRCC. Ms. Wood stated that she felt that this would be good for the City of Wylie, we need to be business friendly. Mr. Allison questioned whether any other site had been considered and Mr. Kelly responded that they had not,that the previous batch plant site was the only area they had considered. Ms. Wood questioned that if everything passes through City Council would Bodin Concrete definitely move their corporate office into Wylie. Mr. Kelly responded that they definitely would move into Wylie. A motion was made by Rich Eckman, seconded by Cecilia Wood, to recommend to City Council to place "Batch Plant - Permanent" classification into regular Industrial zoning. 4 in favor, 2 opposed (John Crowe, Stuart Allison). Motion passed. Will go before City Council on January 23, 1996. PUBLIC HEARING ITEM NO. 1: Hold Public Hearing and consider approval of a zone change from SF-3 to B-2, initiated by the City of Wylie for Conley Equipment Company, located at 300 E. Marble and further described as Lot 1,Block 36, out of the Railroad Addition. Rich Eckman asked if this issue hadn't been addressed several years ago and Mr. Phillips replied that it had but the reason that this has come up now is because Conley Equipment Company submitted plans for an addition to their existing building. During Plan Review, it was discovered that the zoning was SF-3 and thus the zone change request was initiated. Apparently no one noticed this zoning when this building was built in 1993. Rich Eckman mentioned that the Brake& Muffler shop had come before the board and told them that in changing their zoning would make them equal to the other businesses in the surrounding area. Cecilia Wood stated that she thought these businesses had obtained SUP's. Chairman Peddicord that these SUP's had fallen through the cracks and did not get reviewed. Mr. Phillips felt that it was probably never questioned because the business seems appropriate for the area, considering the surrounding businesses. John Crowe asked the reason for B-2 instead of B-1 and Mr. Phillips replied that it was due to the outside sales. Chairman Peddicord closed the Public Hearing, no one in attendance. A motion was made by John Crowe, seconded by Rich Eckman to recommend to City Council to change the zoning from SF-3 to B-2 at 300 E. Marble, further described as Lot 1, Block 36 out of Railroad Addition. All in favor (6), motion carried. DISCUSSION ITEM ITEM NO. 1: Review Ordinance#92-7 that was enacted in June of 1992 which established procedures and requirements for Site Plan review by the Planning and Zoning Commission. Mr. Phillips feels that staff(along with Hogan Corporation) can do a thorough job in reviewing site plans, but does not intend to change the ordinance. Mr. Phillips questioned the Exxon station site plan and the extra requirement of land and this did go before the Commission. Mr. Phillips did not ._. 3 really understand why this ordinance has not been in use, except maybe through the interpretation of Section 29.A2 which covers applicability. Rich Eckman stated that he felt there was safety having P&Z review the site plans, it gives us another set of eyes. It also allows the Commission members to be aware of what's happening in the city and not seem like they don't know what's going on when questioned. Makes good business sense. General consensus was that the P &Z Commission will review all site plans as set forth in Ordinance# 92-7. Mr. Phillips stated that a Development Manual was in the making to be handed out that could include this requirement. CITIZEN PARTICIPATION No citizens present. ADJOURNMENT ADJOURN: A motion was made to adjourn by John Crowe, seconded by Tim Owen. Motion carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting. Respectfully submitted, / 61_,/2,d) Bart Peddicord, Chairman Rebecca Rogers, Secrary 4