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06-15-1999 (Planning & Zoning) Agenda Packet planning & Zoning Commission City of Wylie Regular Iusiness Meeting June 15 , 1 ggJ AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 June 15, 1999 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and Act Upon Approval of the Minutes from the May 18, 1999, Regular Business Meeting. PUBLIC HEARING ITEMS 1. ZC. No. 99-03: Hold a public hearing and consider a recommendation to the City Council for a request from Ballpen Venture II, L.P. for approval of a zone change from B-1 (Business)to SF-2 (Single Family Residential) for the property generally located at the northeast corner of South Ballard and Cloudcroff and being all of a certain .2703 acre tract situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. 2. Hold a public hearing and consider a recommendation to the City Council regarding the Update of the Comprehensive Land Use Plan. ACTION ITEMS 1. Consider a recommendation to the City Council regarding a preliminary plat for the Southplace Estates Phase III subdivision, proposed by Ballpen Venture II, L.P., generally located at the northeast corner of South Ballard and Cloudcroft Drive and being all of a certain .2703 acre tract out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. 2. Discuss, Consider, and Act Upon a request from Arthur F. Beck, BSM Engineers, Inc., for Sanden International, for approval of a Site Plan for the property generally located at the southeast corner of FM 544 and Sanden Boulevard. 3. Discuss and Consider a recommendation to the City Council regarding a preliminary plat for Phase II of the Birmingham Farms Addition, proposed by Birmingham Land, Ltd./Wylie Bilco, Inc., for the property generally located north of Brown Street and Birmingham Elementary and west of the Pointe North Phase II subdivision and being all of a 88.925 acre tract situated in the M. Phalen Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. 4. Discuss and Consider a recommendation to the City Council regarding a preliminary plat for Phase III of the Birmingham Farms Addition, proposed by Birmingham Land, Ltd./Wylie Bilco, Inc., for the property generally located behind Dodd Elementary School along the north side of Park Blvd. and being all of a 116.335 acre tract situated in the J. McUlmurray Survey, Abstract No. 629, and the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. 5. Discuss and Consider a recommendation to the City Council regarding SmartGrowth Strategies, possibly including suspension of new building construction activity within the Historic Downtown Area and new residential subdivision plat and zoning case review for the City of Wylie. CITIZEN PARTICIPATION STAFF REPORTS ADJOURNMENT Posted Thursday, June 10, 1999, at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE.SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. City of Wylie Consent Agenda Item No. 1 Planning and Zoning Commission Regular Business Meeting: June 15, 1999 Consent Item No. 1 RE: Approval of the Minutes from the May 18, 1999, Regular Business Meeting. 1. Consider approval of the Minutes from the May 18, 1999, Regular Business Meeting. Please note any changes or additions which need to be made. MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting May 18, 1999 7:00 P.M. A quorum was present and a notice was posted in the time and manner required by law. Members Present: Staff Present: Steve Ahrens, Chairman Tobin E. Maples, Director of Planning Sharon Dowdy- ABSENT Carrie Smith, Secretary Eric Hogue, Vice Chairman Don Hughes- ABSENT Carter Porter Julie Schmader Cecilia Wood CALL TO ORDER The meeting was called to order at 7:00 P.M. by Chairman, Steve Ahrens. CONSENT AGENDA 1. Approval of Regular Business Meeting Minutes from the March 16, and April 6, 1999. • Corrections : March 16: Page 2 City oversite on plat review - Page 2 Motion April 6: Page 1 certain build out percentage and time frame. Page 1 Julie Schmader's Corrections Page 2 Adjournment Motion: A motion was made by Julie Schmader, Seconded by Cecilia Wood to table the Consent Agenda to the June 1, 1999 meeting. Motion Carried - all in favor(5). PUBLIC HEARING ITEMS 1. Public Hearing and recommendation to the City council regarding a final plat for the Rush Creek Estates Phase II, 2°d Revision Addition, proposed by Jackson&Associates Land Surveyors, Inc., for Harry Tibbals for the Property generally located along the north side of Rush Creek Drive and being all of a Lots 16, 17, and 18, of Rush Creek Estates, Phase II, City of Wylie, Collin County, Texas. • Minutes-Planning and Zoning Commission May 18, 1999,Regular Business Meeting Page 1 Tobin Maples Update: The applicant is replatting three (3) lots into two (2) in order to develop the lots with single family homes. This is the second revision to an existing plat. Public Comment Forms were mailed to thirteen (13) property owners as required by state law. No Public Comment Forms have been returned. Applicant is aware that all impact fees must be paid prior to a request for the final plat to be placed on the City Council agenda for " Approved for Construction". The plat has been reviewed by Staff and does meet all Subdivision Regulation and City Ordinances. Staff is recommending approval. Applicant Harry Tibbals: Mr. Tibbals is requesting a replat, to make two larger lots for larger homes. Public Hearing: No Comment. Motion: A motion was made by Eric Hogue, Seconded by Cecilia Wood to recommend approval to City Council. Motion Carried - all in favor (5-0). ACTION ITEMS 1. Act upon a request from Arthur F. Beck, BSM Engineers, Inc., for Sanden International, for approval of a Site Plan for the property generally located at the southeast corner of FM 544 and Sanden Boulevard. Tobin Maples Update: The applicant is filing a site plan in order to develop the property with multiple structures. Sanden will be required to get a State Permit. Staff has reviewed the site plan and found it to be in compliance with the Zoning Regulations and City Ordinances and is recommending approval subject to the applicant obtain their permit from the State. Discussion: A Special Use Permit (SUP) is not required. A manufacturing facility is allowed by the City's Zoning Ordinance. Number 7 in Industrial uses. The Planning Director is to interrupt the Zoning Ordinances. TNRCC regulates the State Statutes. TNRCC is to issue a safety permit. Minutes-Planning and Zoning Commission May 18, 1999,Regular Business Meeting Page 2 Applicant Arthur Beck, 4245 N. Central Expwy, Dallas, TX: This is a die cast facility where molten metal is cast into molds. The parts are to make air conditioners. Applicant Scott Ragsdall, 601 S. Sanden Blvd, Wylie, TX: The permit process with TNRCC has a mandatory public comment period, which has be completed. This information was published two weeks running in The Wylie News. There were no comment forms returned within thirty days. The particulate matter emission is less than one pound of aluminum dust per 1 ton of the aluminum melted. The permit from the state will regulate how much aluminum Sanden can melt. There will be emissions from natural gas combustion, no physical smoke. There are two alloys , 383 and R14 (contains 14 % silica and 80 % aluminum, 20% of different elements). TNRCC does reserve the right to test at anytime for contaminants. The fine for exceeding the permitted limits can exceed damages plus $25,000 a day. The current permit is for one large furnace and one small furnace and five machines to do the casting. The permit will have to be modified if they change and machinery. The furnaces will run 24 hours, 7 days a week and parts will be manufactured 24 hours, 5 days a week. Sanden will be hiring 18 new employees up-front and 37 new employees in the future. There is no water contact with the process. A cooling lubricant water will be sprayed onto the die. The machine will carry off the water and pump it to a Hazardous Waste Barrel. Sanden has been talking with John Montgomery at NTMWD regarding water concerns. The lighting will be 30 feet tall, place approximately 150 feet apart along the road. Parking is allowed in the flood plain area. Discussion among the Commission: Concerns: fire hydrants, access, Every item brought to the Commission is reviewed by Staff and the Development Issues Team, consisting of Fire Department, Police Department, Public Works Department, City Manager, and Community Development. Westgate Way South of 544 is zoned Industrial. Motion: A motion was made b - ilia Wood, Seconded by Eric Hogue to table the site plan to the June 1, 1999 Pla g and Zo • g meeting or until permit is received and approved by TNRCC . . Motion Carrie( -adieirgiaVSr• (3 2) Steve Ahrens and Carter Porter in opposition. Minutes-Planning and Zoning Commission May 18, 1999,Regular Business Meeting Page 3 2. Recommendation to the City Council regarding a final plat for the Oak Meadow Addition, proposed by Robert H. Sandlin for the property generally located along the south side of Brown Street between W.A. Allen Boulevard and Kreymer Lane and being all of a 34.02 acre tract out of the Francisco De La Pina Survey, Abstract no 688, City of Wylie, Collin County, Texas. Tobin Maples Update: Staff has reviewed the Final Plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances. The applicant is aware that final water and sewer connections must be approved by the Consulting Engineer. The applicant is aware that prior to the case going to City Council all impact and development inspection fees must be paid. Staff is recommending approval subject to engineering approval. Applicant Bob Sandlin, 3949 Sentinary, Dallas, Texas Motion: A motion was made by Cecilia Wood, Seconded by Eric Hogue to recommend approval to City Council. Motion Carried - all in favor (5-0). 3. Recommendation to the City Council regarding a Final Plat for Phase II of Sage creek, proposed by Tipton engineering for Paramount Land development, generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all a certain 16.8113 acre tract of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Tobin Maples Update: Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision regulations and other pertinent ordinances. The applicant is aware that all impact and developmental fees must be paid prior to approval by City Council. Staff is recommending approval subject to engineering approval. Applicant Richard Hovas, 330 Beltline, Garland, Texas Motion: A motion was made by Eric Hogue, Seconded by Cecilia Wood to recommend approval to City Council. Motion Carried- all in favor(5-0). DISCUSSION 1. Discussion regarding commercial and industrial zoning districts and development standards. Discussed the survey provided by Staff. Request for Historical District Downtown. Plano requirements were omitted and will be brought back on June 1, 1999 for review. Minutes-Planning and Zoning Commission May 18, 1999,Regular Business Meeting Page 4 CITIZEN PARTICIPATION James Feivor, 1335 FM 1378, Wylie - Discussion regarding a building permit for a 40X48 barn. His property is zoned SF. Nicki Allen, 100 Rush Creek, Wylie - Discussed concerns with Sanden's Site Plan and Downtown Historic District. Janna Jones, 6617 Coral, Sachse - Discussed concerns with Sanden's Site Plan. Gave commission handout. (Handout are on file with the Community Development Department.) STAFF REPORTS The Draft of the Comprehensive Plan will arrive May 26th and will be distributed for review at that time. ADJOURNMENT Motion: A motion was made by Eric Hogue, Seconded by Carter Porter to adjourn. Motion Carried- all in favor (5-0). Steve Ahrens, Chairman Carrie Smith, Secretary Minutes-Planning and Zoning Commission Date,Regular Business Meeting Page 5 -City-if Wylie Public Hearing Item No. 1 99-03 Rezoning Planning and Zoning Commission Public Hearing: June 1, 1999 Owner/Applicant: Ballpen Venture II, L.P. Location: Generally located at the northeast corner of South Ballard and Cloudcroff Existing Zoning: B-1 (Business) Requested Zoning: SF-2 (Single Family Residential) Summary: The applicant is requesting rezoning on .2703 acres in order to develop the property with a single family home. The properties to the west and south are vacant and zoned for B-1 (business) uses. The property to the east is zoned SF-2 (Single Family Residential) and developed accordingly with single family homes. The property to the north is developed with Wylie Independent School District uses. Public Comment Forms were mailed to ten (10) property owners within 200 feet of this request. One (1) Public Comment Form in support of the request has been returned. Department of Planning, 06/10/99 99-03 Issues: • The Comprehensive Plan recommends single family uses for the property. The proposed zoning and land use are consistent with Comprehensive Plan and compatible with the residential development to the west and east. • The applicant will be required to plat the property prior to the issuance of any building permits. Financial Considerations: Zoning application fee in the amount of$225.00 - Paid Staff Recommendation: Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Public Comment Form Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Department of Planning, 06/10/99 14.2 / PUBLIC COMMENT FORM ! (Please type or use black ink) rof Planning ;away 78 North ,fexas 75098 I'am FOR the requested zoning as explained on the attached public notice for Zoning Case#99-03. I am AGALN'ST the requested z ' a as explained on the attache ublic notice for Zoning Case#99-03. Date,Location&Time of • 6/7- A Planning&Zoning VAZIG1.;)&Commission meeting: Monday,June 15, 1999,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,July 13, 1999,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: c Oi,5/5/L 41, �/. -,TON/1/ (pl syye rint)) \ Address: r a J( 67g llC �X. 9 522, ' Wylie Tax Account Number (if shown on enclosed map): -/779•-4,Q(fL- -/ je,//799--00/Z QQ/°-*/ Signature: /l - C Date: COMMENTS: L• 11 VI I tj i Io— \\„......._Avh._M...aP1 p?u sOM .1V. liiA =--M..,-... -S.,- tI Ni4I- -- 1Il• i. 111 .-.• l..lils E. -vii in ii ma o e SUBJECT ..l. - A. -_-_ I- SIMI• 1 PROPERTY / I ••_.- , © x ,i � Ii1 ' i -- fmf■urns - ___ . *. , ��j 111111MI SS C= • s` ',� 111 '�; �, SE ' T - �• BROWN ST. ■ i / .a '�-'''- C __ ____ -'= 3CI�_ri../ fi. a .. • CZ 'Tay . -...... 11/ 'SS% A AIL - i"" NW, a =_E.T.::: mg_ - 11•111 C.11.111111 'fa null INN El.MIM __ft...4. ._1111! = r . ....., _=MO�iIiI !IU_ _Air 4 Puny I��\ I/I11111�Ina= La — iulUi - ..► ® AMU Mar '.AI ::71111D} •w�•guit route_ .1 4111114:731 frkiiifii iivAivorv4s. 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ZONING AREA MAP ZONING CASE #99-03 U - l / C VP CD 1" - 100' W St.John R-1179-004- > SUBJECT 0020-1 PROPERTY ss • M. St.John WISD R-1179-004- R-6023-000- 0260-1 \ 0010-1 — -0 h) 1 ors g I cn 1 ttl 1 0 r, .E 0 0 0i .� 0 0 7 O ' M O x 1 1 x Mp x , MO en � 2N 20 j 0 6 ON N O h u .Oy 01 V , xp4 0 ' , CLOD 1E) C'ROFT Choice Homes F. Kern Choice Homes R-6023-000- cn Living Trust R-6023-000- 0560-1 3 c c R-6023-000- 0560-1 (1) B g 2 0580-1 ci ,114 Choice Homes 0 C R-6023-000- --I -+-J 0560-1 ____J C Q) o n (1) Q PROPERTY OWNER NOTIFICATION MAP ZONING CASE #99-03 NOTIFICATION REPORT APPLICANT: Ballpen Venture II, L.P. APPLICATION FILE # 99-03 8150 N. Central Expwy, #795 Dallas, Texas 75206 - # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Westwind Meadows P.O. Box 518 1 BIk 4 Lot 1 R-1179-004-0020-1 Melvin St. John Wylie, Texas 75098 Westwind Meadows P.O. Box 518 2 BIk 4 Lot 2 R-1179-004-0010-1 Melvin St. John Wylie, Texas 75098 Westwind Meadows P.O. Box 56 3 BIk 1 Lot 23 R-1179-001-0230-1 H.F. Tibbals Wylie, Texas 75098 Westwind Meadows 301 Stoneybrook 4 BIk 3 Lot 19 R-1179-003-0190-1 Karen Strawser Wylie, Texas 75098 5105 Skillman #220 •5 • Abst. 23 Tract 58 R-6023-000-0580-1 Fred Kern Living Trust Dallas, Texas 75206-4361 P.O. Box 710071 6 Abst. 23 Tract 59 R-6023-000-0590-1 Ballpen Venture II, L.P. Dallas, Texas 75371-0071 1001 S. Ballard Avenue 7 Abst. 23 Tract 26 R-6023-000-0260-1 Wylie ISD Wylie, Texas 75098 Southplace Estates 210 Westgate Way 8 Abst. 23 Tract 56 R-6023-000-0560-1 Choice Homes Wylie, Texas 75098 TxDOT P.O. Box 90 9 Ballard Avenue • _ Attn: Bill Lovil McKinney, Texas 75069 Part of Applicant 8150 N. Central Expwy, #795 10 Abst. 23 Tract 59 R-6023-000-0590-1 Ballpen Venture II, L.P. Dallas, Texas 75206 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 99-03 Applicant: Ballpen Venture II,L.P. Location: Generally located at the northeast of South Ballard and Cloudcroff Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: B-1 (Business) Requested Zoning: SF-2 (Single Family Residential) Construct new single family home. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Monday,June 15, 1999,7:00 PM City Council: Tuesday,July 13, 1999,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. i�xti,h ;f g OWNERS CERTIFICATE - BEING 0.2703 of an acre or 11,774 square feet of land, more or less, situated in the Allen 'Atterberry Survey, Abstract Number 23, Collin County, Texas, and being part of the land conveyed to Ballpen Venture 1 by deed as recorded under County Clerk's Number 93- 0083695, Deed Records of said County, said 0.2703 of an acre or 11,774 square feet of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod found at the intersection of the east right-of-way line of Ballard Street (60-foot public right-of-way) with the north right-of-way line of Cloudcroft Drive (60-foot public right-of-way); . THENCE: North 89 degrees 59 minutes 55 seconds East, leaving the east right-of-way line of said Ballard Street and along the north right-of-way line of said Cloudcroft Drive for •a distance of 70.00 feet to the POINT OF BEGINNING; (1) THENCE North 00 degrees 00 minutes 05 seconds West, leaving the north right-of- way line of said Cloudcroft Drive, for a distance of 156.73 feet to the common property line of said Ballpen Venture 1 tract of land and the tract of land conveyed to Wylie Independent School District by Deed as recorded in Volume 684, Page 895 of the Deed Records of said County; (2) THENCE South 89 degrees 45 minutes 23 seconds East, along the common property line of said Ballpen Venture 1 and Wylie Independent School District tracts of land, for a distance of 75.20 feet; (3) THENCE South 00 degrees 00 minutes 05 seconds East, leaving the common property line of said Ballpen Venture 1 and Wylie Independent School District tracts of land, for a distance of 156.41 feet to the north right-of-way line of said Cloudcroft Drive; (4) THENCE South 89 degrees 59 minutes 55 seconds West, along the north right-of-way line of said Cloudcroft Drive, for a distance of 75.20 feet to the POINT OF BEGINNING and containing 0.2703 of an acre or 11,774 square feet of land, more or less. 12. 27� Cits, o= Uy1ie-Conn 8eve 972-442 8155 P 1 • Page I of 2 (5/S 0? CITY OF WYLIE . 9 9 )r P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE . Case No.. 79-63 Filing Fee sm & $25+$225.00 Date 04/29/99 Applicant BALLPEN VENTURE II, L.P. Phone No. (214)692-7066 • M2i!ing Address:8150 N. CENTRAL EXPRWY, #795 Work No. (214)692-7066 DALLAS, TEXAS 75206 LEGAL DESCRIPTION OF.PROPERTY SOUGHT TO BE REZONED: (If additional space is a needed for description, the description may be put on a separate sheet and attached hereto)•i SAL:4 A -, . 1 I—, 4 " • ..1-ti .0u' 104-1 , 0 C, 1 o- . a_'.. --- ! hereby h-:-,reby request that the above described property be changed from Rs present zoning which ;s B1 District Classification to SF2 ' District Classification for the following reasons: (attach separate sheet if necessary) There (are) (are not) deed restrictions pertaining to the intended use of the property. 2 Ste us of AppEcant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the t of this _ � < subject iest� . zoning change and have read the following concerning the importance of my submitting_ � � ��li.ii.'lu to e City a sufficient legal description. Signed '�� C�✓�� • P T• CT r._ City-Of Wylie Public Hearing Item No. 2 Planning and Zoning Commission Regular Business Meeting: June 15, 1999 Action Item No. 1 RE: Hold a Public Hearing and Consider a recommendation to the City Council regarding the Update of the Comprehensive Land Use Plan. Background: Hold a Public Hearing and Consider a recommendation to the City Council regarding the Update of the Comprehensive Land Use Plan. -Presentation by Wallace,Roberts, & Todd Attachments: Comprehensive Land Use Plan- Draft (Delivered on May 26, 1999) • =City of Wylie Action Item No. 1 Preliminary Plat Southplace Estates Phase III Planning and Zoning Commission Meeting: June 15, 1999 Owner: Ballpen Venture II, L.P. Surveyor/Engineer: R-Delta Engineers, Inc. Location: Generally located at the northeast corner of South Ballard and Cloudcroff Drive Existing Zoning: SF-2 (Single Family Residential) Summary: The preliminary plat under consideration is Phase III of the Southplace Estates subdivision. The applicant is final platting .2703 acres in order to develop the property with one (1) single family home. The property is currently vacant, unplatted, and in the process of being rezoned for SF-2 (Single Family Residential) uses. Issues: • Staff has reviewed the proposed preliminary plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie (subject to City Council approval of Zoning Case No. 99-03). As a result, this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. • The applicant is aware that the property must be final platted prior to the issuance of building permits. Department of Planning, 06/10/99 Financial Considerations: Application Fee in the amount of$127.00 - Paid Staff Recommendation: Approval, subject to City Council approval of Zoning Case No. 99-03. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Application Final Plat Department of Planning, 06/10/99 Page 1 of 3 City of Wylie (1/95) • APPLICATION AND PRELIMINARY PLAT CHECKLIST • Date 06/03/99 Name of Proposed Development Name of Property Owner/Developer BALLPEN VENTURE II, L.P. Address 8150 N. CENTRAL EXPRWY # 795 Phone 214/692-7066 Owner of Record BALLPEN VENTURE II, L.P. • Address 8150 N. CENTRAL EXPRWY, #796 Phone 214/692-7066 Name of Land Planner R-DELTA ENGINEERS, INC. Surveyor/Engineer Address 705 W. AVENUE B, SUITE 606 GARLAND, TEXAS 75040 Phone 972/494-5031 Total Acreage p z0L q p x 11 774 S Current Zoning SF2 Number of Lots/Units Signed The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24"x 36", showing data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of blueline p all be submitted along with a copy of the boundary traverse calculations of the subdivision. 'Plats prep shall using AutoCad or other computer aided design techniques shalt also provide a copyared diskette to the City, of all drawings on The following Preliminary Plat Checklist is used to check compliance with the Wylie Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat gopl_ — x 1 . The boundary line (accurate in scale and orientation) of the tract to be subdivided. RED JUN 6 1999 Received Time Jun . 3 . 8:30AM t'Civl ttiii of Wylie Action Item No.2 Site Plan Sanden International Planning and Zoning Commission Meeting: May 18, 1999 Planning and Zoning Commission Recommendation: Table to June 1, 1999 Planning and Zoning Commission Meeting: June 1, 1999 Planning and Zoning Commission Recommendation: Table to June 15, 1999 Planning and Zoning Commission Meeting: June 15, 1999 Owner: . Sanden International Engineer: Arthur F. Beck, BSM Engineers, Inc. Location: Generally located at the southeast corner of FM 544 and Sanden Boulevard Existing Zoning: I (Industrial) Summary: The site plan under consideration is for the Sanden International property located at the southeast corner of FM 544 and Sanden Boulevard. The applicant is filing this site plan in order to develop the property with multiple structures. Specifically, Section 29A.2 of the Comprehensive Zoning Ordinance Number 85-23A states that site plan review and approval by the Planning and Zoning Commission shall be required for any development where more than one main building or use is proposed on a single lot or tract. Site plans shall contain sufficient information relative to site design considerations and shall conform to data presented within the building permit application. The purpose of the site plan is to ensure efficient and safe land development, harmonious use of land, compliance with . appropriate design standards, safe and efficient vehicular and pedestrian circulation, and other utilities and services. Department of Planning, 06/10/99 Issues: • The site plan is required due to the fact that the applicant plans to develop the property with multiple structures (existing facility, and a proposed die cast facility). Specifically, Sanden International intends to replat their entire property into one (1) lot and expand their operation by building a new die cast facility. A die cast facility is basically a foundry operation where molten metal is poured and cast into molds with minor machining of parts. The proposed die cast facility is a permitted use within a industrial zoning district provided that such facilities are not detrimental to the public health, safety or general welfare and provided that the following performance standards and city ordinances are met: 1. Smoke: No operation shall be conducted unless it conforms to the standards established by state health rules and regulations pertaining to smoke emissions; 2. Particulate matter: No operation shall be conducted unless it conforms to the standards established by state health rules and regulations pertaining to emission of particulate matter; 3. Dust, odor, gas,fumes, glare, or vibration: No emission of these matters shall result in a concentration at or beyond the property line which is detrimental to the public health, safety, or general welfare or which causes injury or damage to property; or as said emissions conform to the standards established by state health rules and regulations pertaining to said emissions; 4. Radiation hazards and electrical disturbances: No operation shall be conducted unless it conforms to the standards established by state health rules and regulations pertaining to radiation control; 5. Noise: No operation shall be conducted in a manner so that any noise produced is objectionable due to intermittence, beat frequency or shrillness. Sound levels of noise at the property line shall not exceed 75 dB(A) permitted for a maximum of 15 minutes in any one hour; or as said operation conforms to the standards established by state health rules and regulations pertaining to noise; and 6. Water Pollution: No water pollution shall be emitted by manufacturing or other processing. In a case in which potential hazards exist, it shall be necessary to install safeguards acceptable to appropriate state health and environmental protection agencies. • Staff has reviewed the site plan and found it to be in compliance with the Zoning regulations and other pertinent ordinances of the City of Wylie which includes a permit from the Texas Natural Resource Conservation Commission (TNRCC). Should the Commission approve the site plan, the applicant will process a replat for Planning and Zoning Commission and City Council consideration and submit applications for building permits. Department of Planning, 06/10/99 Financial Considerations: Site plan application fee in the amount of$125.00 - Paid Planning and Zoning Commission Update: At the May 18, 1999, Planning and Zoning Commission meeting, the Commission voted to table this case to the June 1, 1999, Regular Business Meeting so that the applicant could prepare additional information regarding public safety and environmental concerns identified by the Commission. At the June 1, 1999, Planning and Zoning Commission meeting, the Commission voted to table this case to the June 15, 1999, Regular Business Meeting per the applicant's request. Specifically the applicant requested that the case be tabled to the June 15, meeting in order to ensure they have enough information to address identified concerns. Please note that the City Attorney will be in attendance in order to ensure the Commission has an opportunity to clarify legal concerns. Staff Recommendation: Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: TNRCC Permit Site Plan Application Site Plan Department of Planning, 06/10/99 Robert J. Huston, Chairman `4� OF -` R.B.`Ralph Marquez,Commissioner r? x, John M.Baker,Commissioner `,7 Jeffrey A.Saitas,Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution June 1, 1999 Mr. Scott Raqsdill Facility Manager Sanden International (USA), Inc. 601 South Sanden Boulevard Wylie, Texas 75098-4999 Re: Permit Application Permit No. 40519 Aluminum Foundry Wylie, Collin County Account ID No. CP-0214-J Dear Mr. Raqsdill: This is in response to your permit application, Form PI-1, concerning the above-referenced facility. This will acknowledge that your application for the above-referenced permit is technically complete as of May 25, 1999. We appreciate your cooperation in sending us the information necessary to evaluate your proposal. A permit for your new facility is enclosed. The permit contains several general and special conditions that define the level of operation and allowable emissions. In addition, the construction and operation of the facilities must be as represented in the application. This permit will be in effect for ten years from the date of approval. Thank you for your cooperation and interest in air pollution control. If you have any questions, please call Mr. Dois Webb of our Office of Air Quality, New Source Review Permits Division at (512) 239-1575 or write the assigned engineer at Texas Natural Resource Conservation Commission, Office of Air Quality, New Source Review Permits Division (MC-162), P.O. Box 13087, Austin, Texas 78711-3087. Sincerely, / /7 . 6‘441--‘-- 'ffrey A. Saita , .E. i Executive Director JS/DW/jh Enclosures cc: Mr. Jesse Macias, Air Program Manager, Arlington P.O. Box 13087 • Austin,Texas 78711-3087 • 512/239-1000 • Internet address:w,vw.tnrcc.state.tx.us pr.n:el on re,drd paper u>.r;so,-based irk It1Afl5 INA1 UMIIJ 1 >JUU1( UL UUNNEI(VA1IUIN UUTV11Yi1>� lUl� AIR QUALITY PERMIT l* .���'` A PERMIT IS HEREBY ISSUED TO e-p '. Sanden International (USA), Inc. - - �� fl AUTHORIZING THE CONSTRUCTION AND OPERA77ON OF AN • Aluminum Foundry "" • * #=� TNRCC LOCATED AT Wylie, Collin County, Texas • • LA7TTUDE 33° 00' 06" LONGITUDE 096° 33' 26" 1.The facilities covered by this permit shall be constructed and operated as specified in the application for the permit. All representations regarding construction plans and operation procedures contained in the permit application shall be conditions upon which the permit is issued. Variations from these representations shall be unlawful unless the permit holder first makes application to the Executive Director of the Texas Natural Resource Conservation Commission(TNRCC or Commission) to amend this permit in that regard and such amendment is approved.(Title 30 Texas Administrative Code Section 116.116(30 TAC 116.116)) 2.Voiding of Permit. A permit or permit amendment is automatically void if the holder fails to begin construction within 18 months of date of issuance,discontinues construction for more than 18 consecutive months prior to completion,or fails to complete construction within a reasonable time. Upon request,the Executive Director may grant a onetime 18-month extension of the date to begin construction.(30 TAC 116.115(b)(2)(A)) 3.Construction Progress. Start of construction,construction interruptions exceeding 45 days,and completion of construction shall be reported to the appropriate Regional Office of the TNRCC not later than 15 working days after occurrence of the event.(30 TAC 116.115(bX2XB)) .4.Start-up Notification. The appropriate Air Program Regional Office of the Commission shall be notified prior to the commencement of operations of the facilities authorized by the permit in such a manner that a representative of the TNRCC may be present. Phased construction,which may involve a series of units commencing operations at different times,shall provide separate notification for the commencement of operations for each unit.(30 TAC 116.115(b)(2)(c)) 5.Sampling Requirements. If sampling of stacks or process vents is required,the permit holder shall contact the TNRCC Office of Air Quality prior to sampling to obtain the proper data forms and procedures. All sampling and testing procedures must be approved by the Executive Director and coordinated with the regional representatives of the Commission. The permit holder is also responsible for providing sampling facilities and conducting the sampling operations or contracting with an independent sampling consultant.(30 TAC 116.115(b)(2XD)) 6.Equivalency of Methods. It shall be the responsibility of the permit holder to demonstrate or otherwise justify the equivalency of emission control methods,sampling or other emission testing methods,and monitoring methods proposed as alternatives to methods indicated in the conditions of the permit. Alternative methods shall be applied for in writing and must be reviewed and approved by the Executive Director prior to their use in fulfilling any requirements of the permit. (30 TAC 116.115(b)(2XE)) 7.Recordkeeping. A copy of the permit along with information and data sufficient to demonstrate compliance with the permit shall be maintained in a file at the plant site and made available at the request of personnel from the TNRCC or any air pollution control program having jurisdiction. For facilities that normally operate unattended,this information shall be maintained at the nearest staffed location within Texas specified by the permit holder in the permit application. This information shall include,but is not limited to,production records and operating hours. Additional recordkeeping requirements may be specified in special conditions attached to the permit. Information in the file shall be retained for at least two years following the date that the information or data is obtained.(30 TAC 116.115(bX2)(F)) 8.Maximum allowable emission rates. The total emissions of air contaminants from any of the sources of emissions listed in the table entitled"Emission Sources- Maximum Allowable Emission Rates"shall not exceed the values stated on the table attached to the permit.(30 TAC 116.115(b)(2)(G)) 9.Maintenance of Emission Control. The facilities covered by the permit shall not be operated unless all air pollution emission capture and abatement equipment is maintained in good working order and operating properly during normal facility operations. Notification for upsets and maintenance shall be made in accordance with §101.6 and§101.7 of this title(relating to Notification Requirements for Major Upset and Notification Requirements for Maintenance). (30 TAC 116.115(b)(2)(H)) 10.Compliance with Rules. Acceptance of a permit by a permit applicant constitutes an acknowledgement and agreement that the holder will comply with all rules, regulations,and orders of the Commission issued in conformity with the Texas Clean Air Act and the conditions precedent to the granting of the permit. If more than one state or federal rule or regulation or permit condition are applicable,then the most stringent limit or condition shall govern and be the standard by which compliance shall be demonstrated. Acceptance includes consent to the entrance of Commission employees and agents into the permitted premises at reasonable times to investigate conditions relating to the emission or concentration of air contaminants,including compliance with the permit.(30 TAC 116.115(b)(2)(I)). 11. This permit may be appealed persuant to 30 TAC 50.39. 12.This permit may not be transferred,assigned,or conveyed by the holder except as provided by rule.(30 TAC 116.110(d)). 13.This permit expires 10 years from date of issuance unless renewed as provided in Section 382.055 of the TCAA unless a shorter time period is specified in the special conditions of this permit. 14.There may be additional special conditions attached to a permit upon issuance or modification of the permit. Such conditions in a permit may be more restrictive than the requirements of Title 30 of the Texas Administrative Code.(30 TAC 116.115(c)) 15. Emissions from this facility must not cause or contribute to a condition of"air pollution"as defined in Section 382.003(3)of the Texas Clean Air Act(TCAA)or violate Section 382.085 of the TCAA. If the Executive Director determines that such a condition or violation occurs,the holder shall implement additional abatement measures as necessary to control or prevent the condition or violation. PERMIT 40519 ,'re ai .P. . DATE June 1, 1999 txec ive Di ector Texas Natural Resource Conservation Commission SPECIAL CONDITIONS Permit No. 40519 EMISSION STANDARDS 1. This permit covers only those sources of emissions listed in the attached table entitled "Emission Sources - Maximum Allowable Emission Rates," and those sources are limited to the emission limits and other conditions specified in that attached table. Compliance with these permitted emission limits is based on the throughput and or material usage rates shown on the maximum allowable emissions rates table (MAERT). 2. Fuel for the melting furnace burner and the one natural gas-fired holding furnace burners shall be sweet natural gas as defined in the general rules adopted by the Texas Natural Resource Conservation Commission (TNRCC). The use of any other fuel will require prior approval of the Executive Director of the TNRCC. OPACITY/VISIBLE EMISSION LIMITATIONS 3. Opacity of emissions from the Furnace Stack, Emission Point No. B1, must not exceed 5 percent averaged over a six-minute period, except for those periods described in 30 Texas Administrative Code Sections 101.6 and 101.7. 4. As determined by a trained opacity observer, there shall be no visible emissions from the building, and no visible emissions shall leave the plant property boundary except for water vapor. If this condition is violated, further controls shall be installed and/or implemented as required to limit visible emissions OPERATIONAL LIMITATIONS. WORK PRACTICES. AND PLANT DESIGN 5. As represented in the permit application, the following shall occur to maintain compliance with all TNRCC rules and regulations: A. Emissions from the melting furnace, the melting/holding furnace, and the burners for the two furnaces shall exhaust from a common stack. B. Only clean aluminum alloy ingots and clean aluminum alloy scrap generated at this facility shall be melted and cast. The aluminum alloys melted shall be R-14 or 383 as represented in the permit application or their chemical equivalent. C. Emissions from the melting furnace and the melting/holding furnace shall be exhausted through a vertical stack without a rain cap. SPECIAL CONDITIONS Permit No. 40519 Page 2 D. The release agent used in the die cast machines shall be KEM-OIL No. MPA-4510 or ' a chemical equivalent compound with a volatile organic compound content of not more than 40 percent. E. The die cast machines shall be vented to the atmosphere through vertical stacks. F. The shot blast machine shall be exhausted to a fabric filter with a maximum filtering velocity of 4.0 feet per minute. G. The four additional holding furnaces shall be electrically heated. 6. Permitted emission points shall be identified/marked with the emission point numbers used on the MAERT. DETERMINATION OF COMPLIANCE 7. Upon request by the Executive Director of the TNRCC, the holder of this permit shall perform stack sampling, ambient air monitoring, or other testing as required to establish the actual pattern and quantities of air contaminants being emitted into the atmosphere. RECORDKEEPING 8. The following records shall be kept and maintained and made available for inspection by the TNRCC and local air pollution control programs having jurisdiction: A. On a daily basis, record the number of raw ingots added to the furnace and determine the average hourly melt rate. B. Records that reflect on a rolling basis the quantity of aluminum (raw ingots converted to tons) melted during the past 12 months. C. Quantity of die cast machine release agent used during the past 12 months. Dated June 1, 1999 EMISSION SOURCES - MAXIMUM ALLOWABLE EMISSION RATES Permit No. 40519 This table lists the maximum allowable emission rates and all sources of air contaminants on the applicant's property covered by this permit. The emission rates shown are those derived from information submitted as part of the application for permit and are the maximum rates allowed for these facilities. Any proposed increase in emission rates may require an application for a modification of the facilities covered by this permit. AIR CONTAMINANTS DATA Emission Source Air Contaminant Emission Rates Point No. (1) Name (2) Name (3) lb/hr TPY DC1 Die Cast Machine No. 1 VOC 0.24 1.04 DC2 Die Cast Machine No. 2 VOC 0.24 1.0 4 DC3 Die Cast Machine No. 3 VOC 0.24 1.04 DC4 Die Cast Machine No. 4 VOC 0.24 1.04 DC5 Die Cast Machine No. 5 VOC 0.24 1.04 B 1 Melting Furnace and PM10 0.68 3.0 Holding Furnace Stack (6) CO 0.13 0.60 NOx 0.63 2.80 SO2 0.004 0.02 VOC 0.05 0.23 FUG Building Fugitives (4 and 5) PM 0.09 0.38 (1) Emission point identification - either specific equipment designation or emission point number from plot plan. (2) Specific point source name. For fugitive sources use area name or fugitive source name. (3) VOC - volatile organic compounds as defined in 30 Texas Administrative Code Section 101.1. NOX - total oxides of nitrogen SO2 - sulfur dioxide PM - particulate matter, suspended in the atmosphere, including PM10. PM10 - particulate matter equal to or less than 10 microns in diameter. Where PM is not listed, it shall be assumed that no particulate matter greater than 10 microns is emitted. CO - carbon monoxide Permit No. 40519 Page 2 EMISSION SOURCES - MAXIMUM ALLOWABLE EMISSION RATES (4) Fugitive emissions are an estimate only. (5) Includes emissions from shot blast machine (6) Includes emissions from the primary Melting Furnace, the natural gas-fired melting/holding furnace, and the products of combustion from the furnace burners. * Emission rates are based on and the facilities are limited by the following maximum operating schedule and production usage rates: 24 Hrs/day 7 Days/week 52 Weeks/year or Hrs/year Maximum Throughput/Usage Rates: A. Combined primary furnace and melting /holding furnace throughput: 1.1 tons per hour and 9,660 tons annually B. Die Cast Machine Mold Release Agent Usage: 3,000 gallons annually Dated June 1, 1999 Apr 05 9S 08: 17a City of W1ie-Comm Deve 972-442-8154 p. 8 Page 1 of 4 - City of Wylie (5/93) SITE PLAN APPLICATION Date April 14 , 1999 • Name of Proposed Development Sanden Die Cast Building Name of Property Owner/Developer Sanden International (USA) Address 601 S. Sanden Blvd. Phone ( 972) 442-8453 Wylie, TX 75098-4999 Name of Land PIanner/Engineer Arthur F. Beck, BSM Engineers, Inc. Address 4245 N. Cent Exp, Suite 510 Phone ( 214 ) 528-9808 Dallas, TX 75205 Total Acreage 4 . 1 5 Acres Current Zoning Industry Number of Lots/Units 1 Signed Following is a checklist of items that may be required as a part of the site plan. In addition, other information may be required if it is necessary for an adequate review of a specific development proposal. All information should be provided on a scaled drawing generally not exceeding 18" x 24". Provided or Shown Not • On Site Plan Applicable X 1. Total lot or site area - if the site is part of a larger tract include a key map showing entire tract and location of site being planned. x 2. Location, dimensions, and size of all existing and planned structures on the subject property and approximate locations of structures adjoining property within 100 ft. x 3. Location and type of landscaping, lighting, fencing and/or screening of yards and setback areas. X 4. Calculation of landscaped area provided. x 5. Location and dimensions of ingress and egress. • Apr 05 99 08: 17a City of Wylie-Comm Deve 972-442-8154 p. 9 ° • Page 2 of x 6. Location, number and dimensions of off-street parking and loading facilities. x 7. Height of all structures. x 8. Proposed uses of all structures. x 9. Location and types of all signs, including lighting and heights. x 10. Elevation drawings citing proposed exterior finish materials and proposed structural materials. x 11. Location and screening of trash facilities. x 12. Location of nearest fire hydrant within 500 ft. x 13. Street names on proposed streets. 14. The following additional information: City of Wylie Action Item No. 3 Preliminary Plat Birmingham Farms Ph II Planning and Zoning Commission Meeting: June 15, 1999 Owner: Birmingham Land, Ltd./Wylie Bilco, Inc Surveyor/Engineer: Carter & Burgess, Inc. Attn. Roger McInnis • Location: Generally located north of Brown Street and Birmingham Elementary and east of the Pointe North Phase II Addition Existing Zoning: SF-3 (Single Family Residential) & 2-F (Two-Family Duplex) Summary: The preliminary plat under consideration is Phase II of the Birmingham Farms Addition. The applicant is preliminary platting 88.925 acres of land in order to develop the property with 227 single family residential lots and 128 duplex lots. The property is currently vacant, unplatted, and zoned for SF-3 (Single Family Residential) and 2F (Two-Family Duplex) uses. Issues: • Section 212.009 (a) of the Texas Local Government Code states that the municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period. In order to work towards compliance and approval, plats typically go through several revisions (30-90 days) before they are actually scheduled for consideration by the Planning and Zoning Commission and City Council. As a result, staff requests that applicant's waive the time periods of Chapter 212 of the Texas Local Government Code, so that the applicant and staff can work together to seek compliance and approval with the least number of delays. However, if an applicant does not want to waive the time periods of Chapter 212, and the plat does Department of Planning, 06/10/99 not comply with municipal subdivision requirements, staffs only option is to schedule the plat for consideration with a recommendation for denial. Once the plat is denied formally, the time periods of Chapter 212 stop and the applicant and staff can work together in a timely manner to bring the proposal into compliance. • Staff has reviewed the proposed preliminary plat and found it not to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. Specifically, page 1 of 6 of the plat shows a 92' right-of-way dedication for the extension of Sanden Boulevard. The typical cross-section for said extension of Sanden Boulevard is shown on page 2 of 6 and indicates a 86' right-of-way dedication. As a result, the plat does not comply with the subdivision regulations due to the fact that elements of the plat are inconsistent. • Although staff has identified only one (1) outstanding item, others may exist due to the fact that staff discontinues their review upon the discovery of an element not in compliance with the subdivision regulations and upon refusal of the applicant to waive the time periods of Chapter 212, of the Texas Local Government Code. Specifically, the community should not be held accountable if the review of an application extends beyond 30 days due to the applicant's failure to comply with the City's standards. The plat under consideration is the applicant's third (3rd) revision or submittal and it still does not comply. • Due to the fact that the preliminary plat under consideration does not comply with the City of Wylie Subdivision Regulations and the applicant has indicated that they do not desire to waive the time periods of Chapter 212 of the Texas Local Government Code, staff is recommending that the plat be denied. Once the plat is denied formally, the time periods of Chapter 212 stop and the applicant and staff can work together in a timely manner to bring the proposal into compliance. Financial Considerations: Plat application fee in the amount of$835.00 - Paid Staff Recommendation: Denial Please note should the Commission disapprove the plat, the applicant may appeal the decision of the Commission to the Council by filing a Notice of Appeal in the Office of the Director of Planning no later than ten(10) days after the date on which the Commission notifies the applicant of its decision. Such notification may take place by means of an oral ruling by the Commission at a public meeting. Attachments: Preliminary Plat Application Preliminary Plat Department of Planning, 06/10/99 Page 1 of 3 r p City of Wylie (1/95) RECD, NPR u IJJB APPLICATION AND PRELIMINARY PLAT CHECKLIST • Date April 7, 1999 Name of Proposed Development Birmingham Farms, Phase Z Name of Property Owner/Developer Birmingham Land, Ltd./Wylie Bilco, Inc. Address 6606 Mapleshade, 116E, Dallas. TX 75252 Phone (q72) QRc-477n Owner of Record Same as above Address Phone Name of Land Planner Carter & Burgess, Inc. Roger McInnis, P.E. Surveyor/Engineer Address 7950 Elmbrook Dr., Dallas, TX 75247 Phone (214) 638-0145 Total Acreage 78 Current Zoning sf-3/2F Number of Lots/Units 355 • Signed The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24"x 36", showing all data on a scale not to exceed 1" = 100'with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. • Provided or Not Shown on Plat Applicable 1 . The boundary line (accurate in scale and orientation) of the tract to be subdivided. ity r of Wylie Action Item No. 4 Preliminary Plat Birmingham Farms Ph III Planning and Zoning Commission Meeting: June 15, 1999 Owner: Birmingham Land, Ltd./Wylie Bilco, Inc Surveyor/Engineer: Carter&Burgess, Inc. Attn. Roger McInnis Location: Generally located behind Dodd Elementary School along the north side of Park Blvd. Existing Zoning: SF-1 (Single Family Residential) & SF-2 (Single Family Residential) Summary: The preliminary plat under consideration is Phase III of the Birmingham Farms Addition. The applicant is preliminary platting 116.335 acres of land in order to develop the property with 304 SF-2 (single family residential) lots and 54 SF-1 (single family residential) lots. The property is currently vacant, unplatted, and zoned for SF-1 and SF-2 (Single Family Residential) uses. Issues: • Section 212.009 (a) of the Texas Local Government Code states that the municipal authority responsible for approving plats shall act on a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period. In order to work towards compliance and approval, plats typically go through several revisions (30-90 days) before they are actually scheduled for consideration by the Planning and Zoning Commission and City Council. . As a result, staff requests that applicant's waive the time periods of Chapter 212 of the Texas Local Government Code, so that the applicant and staff can work together to seek compliance and approval with the least number of delays. However, if an applicant does not want to waive the time periods of Chapter 212, and the plat does Department of Planning, 06/10/99 not comply with municipal subdivision requirements, staffs only option is to schedule the plat for consideration with a recommendation for denial. Once the plat is denied formally, the time periods of Chapter 212 stop and the applicant and staff can work together in a timely manner to bring the proposal into compliance. • Staff has reviewed the proposed preliminary plat and found it not to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. Specifically, page 2 of 6 of the plat indicates that all of the right-of-way for Cheyenne Road was dedicated with the final plat encompassing Dodd Elementary. Staff has informed the applicant that half of said right-of-way for Cheyenne Road needs to be dedicated via this plat. As a result, the plat does not comply with the subdivision regulations due to the fact that required right-of-way is not being dedicated. • Although staff has identified only one (1) outstanding item, others may exist due to the fact that staff discontinues their review upon the discovery of an element not in compliance with the subdivision regulations and upon refusal of the applicant to waive the time periods of Chapter 212, of the Texas Local Government Code. Specifically, the community should not be held accountable if the review of an application extends beyond 30 days due to the applicant's failure to comply with the City's standards. The plat under consideration is the applicant's third (3rd) revision or submittal and it still does not comply. • Due to the fact that the preliminary plat under consideration does not comply with the City of Wylie Subdivision Regulations and the applicant has indicated that they do not desire to waive the time periods of Chapter 212 of the Texas Local Government Code, staff is recommending that the plat be denied. Once the plat is denied formally, the time periods of Chapter 212 stop and the applicant and staff can work together in a timely manner to bring the proposal into compliance. Financial Considerations: Plat application fee in the amount of$841.00 - Paid Staff Recommendation: Denial Please note should the Commission disapprove the plat, the applicant may appeal the decision of the Commission to the Council by filing a Notice of Appeal in the Office of the Director of Planning no later than ten(10) days after the date on which the Commission notifies the applicant of its decision. Such notification may take place by means of an oral ruling by the Commission at a public meeting. Attachments: Preliminary Plat Application Preliminary Plat Department of Planning, 06/10/99 Page 1 of 3 ktib APR 0 8 1999 City of Wylie (i/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date April 7, 1999 Name of Proposed Development Birmingham Farms, Phase 3 Name of Property Owner/Developer Birmingham Land, Ltd./Wylie Bilco, Inc. _ Address 6606 Mapleshade, #16E, Dallas, TX 75252 Phone 072) QRc_477n Owner of Record Same as above Address Phone Name of Land Planner Carter & Burgess, Inc. Roger McInnis, P.E. Surveyor/Engineer Address 7950 Elmbrook Dr., Dallas, TX 75247 Phone (214) 638-0145 Total Acreage 113 Current Zoning sf-2/sf-1 Number of Lots/Units 358 Signed • The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24"x 36", showing all data on a scale not to exceed 1" = 100'with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable 1 . The boundary line (accurate in scale and orientation) of the tract to be subdivided. - - 7 ity of Wylie Action Item No. 5 City Council/Planning and Zoning Commission Joint Worksession: June 15, 1999 Action Item No. 5 RE: Discuss and Consider a recommendation to the City Council regarding a SmartGrowth Program (Temporary Moratorium) for the City of Wylie. Background: Discuss and Consider a recommendation to the City Council regarding a SmartGrowth Program (Temporary Moratorium) for the City of Wylie. c 0 ()A d U\