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03-18-1996 (Planning & Zoning) Minutes MINUTES The Planning and Zoning Commission met in a regular Business Meeting on March 18, 1996, at 6:30 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, Vice-Chairman Rich Eckman, Cecilia Wood, Stuart Allison, Tim Owen, Steve Ahrens and John Crowe - late. ABSENT: All present STAFF MEMBERS PRESENT: Director of Community Development -Mike Phillips, Technical Coordinator-Lisa Price, and Secretary-Rebecca Rogers. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from February 19, 1996 Regular Business Meeting. A motion was made by Rich Eckman, seconded by Steve Ahrens to accept the minutes as presented. All in favor(6 votes). Motion passed. PUBLIC HEARING ITEM No. 1: Hold Public Hearing and consider a recommendation to the City Council a request from Robert Heath for a zone change from"A" to "PD" (Planned Development, including "0", "B-1" and "B-2")for 4.7338 acres for property located south of Hwy. 78 and east of Eubanks and further described as Abstract 688,Part of Tract 67. Chairman Peddicord requested Staffs comments. Mike Phillips, Director of Community Development, explained what Mr. Heath proposed to do with the property. Staff felt that Mr. Heath was better off requesting a Planned Development (PD)because of all the uses Mr. Heath wanted (instead of dealing with them separately). Chairman Peddicord stated that public notifications were sent out and none were returned. Chairman Peddicord asked for staffs recommendation and Mr. Phillips replied that Staff recommends that the "PD" request be approved. The concept plan detailed the uses and if the Commission accepts this as a concept plan, Mr. Heath will bring a development plan which will have all of the requirements for setbacks, building types, specific uses, etc. as required in the Zoning Ordinance. It will be a much more detailed plan than the concept plan that was presented today. Steve Ahrens asked if there would be a new building. Mr, Phillips stated that the only new building on Tract I would be the retail building on the west side. The fire damaged building in the middle will have to be repaired and its use will change slightly from a second-hand furniture store to office and mini-warehouse use. The mini-warehouse use will extend a little further up in the building than it did previously. Mr. Ahrens asked if the 1 buildings would be brought up to code and Mr. Phillips replied that all repair of the burned out building would be up to code. John Crowe questioned if the masonry requirements would be included and Mr.Phillips replied that it would, any facade work that Mr. Heath does on any building will have to be up to current code. Mr. Ahrens questioned if Mr. Heath was aware of all of these requirements and Mr. Phillips responded that he was. Chairman Peddicord opened the Public Hearing. Mr. Robert Heath of 1890 Highway 78 North, Wylie, Texas 75098, was present to speak in favor of his request. Mr. Heath stated that the city requested that he obtain a 3' easement around the perimeter from the adjoining property owners so that they would have access to the wall for repair work/clean up or he would need to have a 3' setback from his property line for his fencing and building. Mr. Heath had spoken with one neighbor and they have requested that Mr. Heath build 3' back from his property line on that side and most probably on the rear of the property also. The burned building will be rebuilt shorter than the original(it's almost to the rear property line now)and will have a driveway that will circle the building. Cecilia Wood questioned the time frame for this to be completed. Mr. Heath replied that he was unsure, settlement has not been made with the insurance company from the fire. He has just purchased the additional property. The architect who did the initial drawings is not the one who will be doing the final drawings that will be submitted to the Building Dept. Mr. Heath will rebuild the burned out building first and do the facade work on the existing buildings and will probable secure a temporary loan at that time to go ahead and do the retail building(on the west side of the property). The retail building will primarily be antique shops, etc. that go along with the whole theme of the businesses there. All of this will be done very quickly so it will be better looking along the highway. Mr. Heath feels that he would start construction of the back portion within the year. He is not intending for this to be a long range plan and wants to move as quickly as possible. Mr. Phillips clarified that the initial development plan would have to be presented and approved within six months of approval of the concept plan by council and if this is not done,the Commission has the option to go back and re-evaluate the concept plan. Rich Eckman inquired about parking requirements for this type of development. Mr. Phillips replied that figures proposed by Mr. Heath meet and possibly exceed the required number of spaces. Chairman Peddicord asked if anyone else was present to speak for or against this request, no one present. A motion was made by Steve Ahrens to make a recommendation to the City Council for a zone change from "A" to "PD", seconded by John Crowe. Motion passed, all in favor(7). ITEM No. 2: Hold Public Hearing and consider a recommendation to the City Council a request from Bodin Concrete for an "SUP" Special Use Permit for a permanent concrete batch plant on a 3.974 acre Industrial zoned property located at 1502 West Kirby, and further described as Abstract 266, Tract 26. Chairman Peddicord requested Staff to make their recommendation. Mr. Phillips stated per the Zoning Ordinance,that Bodin Concrete must ask for a Specific Use Permit, Permanent. In issuing this permit a number of things must be considered; 1) does it generally conform with our Master Plan; 2) requirements for safeguards to be placed on this property to protect adjoining properties; 3) relationship of the intended use with all existing property; 4) land uses in all directions within a minimum of 200'; 5) is use harmonious and adaptable to building structures and uses which are abutting the property and in the vicinity of this property; 6) recommendations concerning requirements of paving streets,alleys and sidewalks, ingress and egress of public streets, 2 drainage of the property, off street parking, screening or open spaces; 7) structure height and the compatibility of these buildings to the adjoining ones; and 8) state regulations which apply to these outfits. Mr. Gary Wallin, TNRCC, Austin, Texas, was present to speak regarding the TNRCC's requirements for batch plants. The TNRCC must authorize the construction operation of any facility that may emit air contaminants into the atmosphere. TNRCC is the granting authority for the standard exemptions required by the regulations for Bodin to operate the batch plant. The Clean Air Act, which states that any ready mix plant that applies for standard exemption(an exemption from the permit requirements, not the regulations and rules)must go through public notification. Ready mix plants are unique because they are the only standard exemptions that require public notification. The Act goes on to say that the applicant must pay for the notice in the paper of the nearest municipality and only those that reside within one quarter of a mile may request a hearing. Mr. Wallin stated that the TNRCC provides the wording for the public notice and runs in two consecutive issues of the newspaper, allows the public 15 days for written comment to the TNRCC. The applicant is responsible for sending the documentation to TNRCC to verify that the public notice was run. The TNRCC waits that 15 day period plus an extra couple of days, and if there are no written comments sent in,then the applicant gets the standard exemption. Requests for a hearing made by residents who do not reside within one quarter of a mile are denied by the Executive Director of the TNRCC. A hearing is a long, drawn out affair and is controlled by TNRCC's State Office of Hearing Judges. If the applicant chose not to go the Standard Exemption route,there are very rigorous conditions that must be met at all times. This covers the type of abatement equipment they use, maintenance of stock piles and roads, requirements for large bag filter control all silos and batch drop point(where they load aggregate, sand and the cement into the mixers - must be 4,000 cubic feet per minute or greater). All traffic areas must be paved and clean to maintain dust control. No fees are charged for standard exemption. John Crowe asked if anyone lives within one quarter of a mile from this location and Mr. Wallin stated that he was not aware of anyone. Mr. Phillips stated that he didn't think there were any residences within one quarter of a mile. Ms. Wood questioned concrete batch high polluting versus saw mills. Mr. Wallin explained that permanent batch plants were not considered a health hazard whereas saw mills have cancer causing sawdust. Primary problem with ready mix plants are nuisance dust. According to TNRCC, there can not be any residue escaping to adjoining property and you will never see any dust in the air. Good management/employees are able to control their emissions by using the large bag filters, keeping things damp and keeping the pavement clean. Ms.Wood questioned the comparison of the dust created by a plow behind a tractor plowing a 12-15 row section of land versus a batch plant. The EPA has developed factors, there are many variables when comparing fanning vs. batch plants. Ready mix plants are permitted 5-10 tons of particulate matter that may be emitted per year and this would be the worst case.. Ready mix plants are not a heavy emitter,they typically emit 5 -7 tons of particulate matter per year. TNRCC considers 25 tons or less a year insignificant sources and to be eligible for an exemption, you can't emit more than 25 tons per year. Ms. Wood questioned that even if we didn't have a ready mix plant here, we would have a certain amount of particulate matter in the air from tractors and other pollutants. Mr. Wallin replied yes and that if the ready mix plant abides by the conditions in the exemption, they will not create a nuisance to the neighbors even within one quarter of a mile. Problems occur when the plants get lazy in their cleaning. Mr. Eckman questioned if TNRCC was the agency that follows up on the violations after the batch plant is up and running. Mr.Wallin replied that the local office in Ft. Worth 3 (moving to Arlington this year)would handle the complaints. Mr. Eckman and Chairman Peddicord asked if there were routine or unscheduled exams of the plants by the TNRCC. Mr. Wallin explained that they investigate complaints and that ready mix plants are minor sources of complaints. They do have regular or bi-annual visits on very large ready mix plants. If one has been causing a problem, they will get unannounced visits. John Crowe asked what some of the hazards of concrete dust or fly ash. Mr. Wallin replied that it is mostly a nuisance but is very high Ph, causing skin irritation, but the TNRCC hasn't found a ready mix plant losing enough to affect any neighbors off property. Mr. Wallin stated that the applicants will have large bag filters that will control the emission from the silo when the truckers unload the fly ash or cement to the silos. The TNRCC has found that they are much better maintained that way. Mr. Crowe questioned whether an exemption has been applied for or approved at this point for Bodin Concrete. Mr. Wallin was unsure. Richard Kelly of Bodin Concrete replied that they had applied to Dick Wheeler at the TNRCC. Mr. Wallin replied that Mr. Wheeler was one of the TNRCC's permit writers. The Staff of the City of Wylie should request a copy of the application so they can have it on file with the City. Mr. Eckman asked what the next step would be when violations are found during an inspection. Mr. Wallin replied that this a slow process. Before a monetary penalty is assessed, it must go to a committee in Austin. The regional office initiates it by writing a Notice of Violation and this is sent to Austin to determine what the problem is, how similar violations were handled in the past and what the fee might be. The compliance history of the site in question and compliance history of the company are taken into consideration. Ms. Wood questioned two quotations from a TNRCC employee: 1)"The reputation of the City of Wylie with regulatory groups is very poor" and 2) "I can't help that the City of Wylie won't enforce their ordinances." How does the TNRCC relate to the local governments, do they inform local governments if the TNRCC feels they're not tough enough on the ordinances, does Wylie have a bad reputation with TNRCC and if so, why? Mr. Wallin replied that he had no idea if Wylie had a bad rep with the TNRCC. In regards to the City's ordinances, there are few cities who write their own ordinances. The state act says that another entity can not write air regulations less stringent and seek less enforcement than required by the EPA. One can be written as stringent or more stringent and enforce it any way you see fit. In most cases, the TNRCC works together with the cities and the EPA. Some cities have ordinances on noise, the state leaves it alone; the state doesn't touch blasting and some counties and cities do. To date, the TNRCC has a general nuisance- odor regulation,they don't put a number on it; some cities do (using an instrument to determine the level of odor). Mr. Wallin was unaware of whether the City of Wylie has an air ordinance. Richard Kelly,Vice President of Bodin Concrete,Garland,Texas, was present to speak on the behalf of Bodin concrete. Mr. Kelly stated that no one asked about Bodin's record with the TNRCC. Mr. Kelly feels that they have had a good compliance record with the TNRCC and have had no major problems. Mr. Kelly and Mr. Phillips have discussed screening for the site, and Mr. Kelly stated that they would be able to do some type of green screening (planting trees), on the north and east fence lines of the property. Mother problem that Mr.Kelly has discussed would be the traffic on FM 544. If traffic turned out to be a big problem, Bodin would address that and work with that state on that. Ms. Wood inquired if Wylie would get the revenue from Bodin's sales($15,000,000 last year) since the corporate office will then be located in Wylie. Mr. Kelly stated that Bodin has been discussing that with the state and their accounting firm. To date,they have been paying with the City of Rowlett 4 instead of the point of sale. Bodin is hoping to increase their sales, one of the benefits of moving to Wylie,so there would be a definite benefit to the City of Wylie. Mr. Phillips clarified that taxes have been paid at the office address,not the point-of-sale. Mr. Kelly replied that this was correct. Bodin was under the impression that they had been paying at the point-of-sale but it turned out to be at their headquarters in Rowlett. Chairman Peddicord asked if that would have to be clarified through the state and Mr. Kelly replied that it would. Ms. Wood asked how much improvement is required at the site on Kirby, is a lot of pollution control already in place. Mr. Kelly stated that there is no pollution control there yet. The concrete pavement is already there(this was originally a concrete plant)and they would be bringing in new dust abatement equipment. Mr. Eckman asked if they were bringing in any used equipment from their others plants. Mr. Kelly responded that some of it would be used. Bodin's intention is to bring in ten new trucks, they already have some of the plant equipment and the loader. Mr. Crowe inquired if the plant in Rockwall was on Highway 205 and Mr. Kelly responded that it was not, it is located on 2010 Christy Lane and is not the one by Braum's. Chairman Peddicord opened the Public Hearing. Butch Chaney of the Chaney Companies, previous owners of Eagle Ready Mix that was located at 1502 W.Kirby(the property in question now) spoke on the behalf of Bodin Concrete. Mr. Chaney feels that Bodin Concrete would be an asset to the City of Wylie. No one present to speak against the Special Use Permit. Chairman Peddicord closed the Public Hearing. Chairman Peddicord stated that they had a list of the standard exemptions for the batch plant. Mr. Phillips clarified that Exemption No.71 was the only exemption available for permanent batch plants. The conditions set forth in this exemptions should answer any questions that the Commission may have about what the City of Wylie is able to do if violations are in evidence. Mr. Eckman questioned if the state regulates their equipment (ie. silo, conveyor belts, etc.). Mr. Phillips replied that we would check structural stability and construction, but not the specific equipment required for operating the batch plant. Chairman Peddicord asked if the state examines the equipment as it is put in place. Mr. Wallin replied that once everything is place,the plant will be checked to make sure all bag filters and sprinkler systems are in place and the roads are paved before operation begins. Mr. Eckman asked if a certificate is issued and Mr. Wallin replied that the exemption is approved and if the plant is not right,the exemption is taken away. Chairman Peddicord asked if there were any more questions. Mr. Crowe stated that there were some residences that were one quarter of a mile plus twenty feet. Mr. Crowe clarified that the state would take this into consideration,but would not authorize a hearing for those residents that were twenty feet away from the one quarter of a mile limit. Mr. Wallin responded that TNRCC's regional people go out and check the distance with a wheel. They measure the closest point of a house and the closest source of emissions, keeping in mind what the legislature intended. If a hearing request is received they honor the request until the requirements are either met or not met. If not met, then the request is denied by the Director, those within the limits are granted a hearing. The Ft. Worth office can confirm whether there are residences within that one quarter of a mile. This is not done unless there is a hearing request. A motion was made by Cecilia Wood to recommend to City Council a request from Bodin Concrete for an "SUP" Special Use Permit for a permanent concrete batch plant on a 3.974 acre Industrial zoned property located at 1502 West Kirby Street, and further described as Abstract 266, Tract 26. Seconded by Rich Eckman. Motion carried, 4 in favor, 3 opposed (Steve Ahrens, John Crowe, Stuart Allison). 5 CITIZEN PARTICIPATION No citizen participation. ADJOURNMENT ADJOURN: A motion was made to adjourn by John Crowe, seconded by Tim Owen. Motion carried, all in favor(7 votes). Chairman Peddicord adjourned the meeting. Respectfully submitted, 6 Bart Peddicor , Chairman Rebecca Rogers, ecretary 6