Carrollton-CS 890518 (2)MINUTES: PLANNING & ZONING HEARING 5/18/89 PAGE 1
MINUTES
CARROLLTON PLANNING AND ZONING COMMISSION
May 18, 1989
A meeting of the Carrollton Planning and Zoning CommisSion was held
on May 18, 1989 at 7:30 p.m. in the Council Chambers at City Hall, with
the following members present: John Barrick, Chairman; Doug McNeill,
Vice Chairman; Bruce Larson, W. Michael Clay, Doyle Nix, Fran Brown and
Jerry Sheffield. Staff members present were Marc Guy, Director of
Planning; Kathy stivers, Senior Current Planner; John Keho, Planner II,
Wes Caperton, Zoning Officer; Don Penny, Director of Transportation;
Cissy Taylor, Traffic Engineer; Charles Hosey, Fire Marshal; Tim
Tumulty, Assistant City Engineer; Brenda McDonald, Assistant City
Attorney; Tony Romo, Director of Environmental Health; and Attilio
Corbo, Sanitation and Landfill Manager.
(Note: * = designatiOn of a motion)
The meeting was called to order at 7:35 p.m.
REVIEW OF MINUTES
* A motion by McNeill/LarsOn to apgrove the minutes of May 4, 1989 as
written, passed unanimously.
CONSENT AGENDA
A. CONSENT AGENDA: AMENDING PLATS AND REAPPROVALS OF PLATS
NONE
B. CONSENT AGENDA: APPROVAL
1. 05-89MD1 Church on the Rock: A request for a temporary waiver of
the sidewalk requirements on the 1-35E frontage road and Booth
Drive, on a 2.791 acre tract of land located at 1875 N. 1-35E.
2. 05-89MD2 Fina/Jose¥/Hebron Retail Center: A request for approval
of a Mutual Access Agreement to allow the Fina Station access to
a median opening on Hebron Parkway, on a 10.19 acre tract of land
located at the southeast corner of Hebron Parkway and Josey Lane.
C. CONSENT AGENDA: CONTINUATIONS
NONE
D. CONSENT AGENDA: DENIAL TO MEET STATUTORY REQUIREMENTS FOR THE
PURPOSE OF CONTINUATION
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NONE
E. CONSENT AGENDA: DENIAL
NONE
* A motion by Larson/Clay to approve the consent agenda on its second
reading, passed unanimously.
PUBLIC HEARINGS
John Barrick identified the location and general request of each
of the following cases. The Planning Department discussed staff
stipulations/ concerns and specific details of the following cases.
3. 01-89Z3 Sandy Lake Disposal Facility: A request for a Planned
Development District for a Sanitary Landfill Use, on a 230.35
acre tract of land located 1500 feet north of Sandy Lake Road.
4. 01-89SUP4 Sandy Lake Disposal Facility: A request for a Special
Use Permit for a Sanitary Landfill Use, on a 230.35 acre tract
of land located 1500 feet north of Sandy Lake Road.
Kathy Stivers summarized the key issues involved in this case:
1. The impact of the truck traffic generated by the landfill use
on Sandy Lake Road and the bridge is a major staff concern with this
request. The DeShazo study reported the life span of the road would
decrease from 2.7 years to 2.5 years if the landfill use is allowed to
operate.
2. Two studies prepared by the applicant's engineering consultants
affirm the city concerns regarding the bridge, and state that the bridge
could accept greater weights if the bridge is repaired.
3. Coppell is concerned about the impacts of the landfill use on
areas within Coppell that are adjacent to the landfill entrance. This
is the area of Coppell that is expected to grow in the future.
4. In response to the question posed by the Planning and Zoning
Commission regarding the reuse of the landfill site, the Environmental
Health Department states it would be difficult to determine when the
landfill could be reused or what the site could be reused for after
closeout of the landfill.
5. The issues of access to the site and the screening of the
landfill from the Gun Club property has been negotiated between the Gun
Club and the applicant.
Ms. Stivers indicated that staff is recommending denial of this
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request due to the lack of public facilities in this area to support
this use.
Bill Blackburn, 900 Jackson St., Dallas, said that they agreed with
the cover memo from staff indicating that this is a remote location in
Carrollton and that a landfill is an appropriate use. He also indicated
that the applicant has spent over $150,000 preparing for this case.
They are aware of all the regulations that will be required by the State
Health Department and the Environmental Protection Agency, and they are
planning to provide a more restrictive landfill than the state currently
requires. The HNTB study and the DeShazo study agree that the bridge
cannot accept loads over 24,000 pounds, but they have spoken with the
city of Dallas who has indicated they would not let the bridge
deteriorate and would be open to repairing the bridge. The State
Department of Highways and Public Transportation would pay 80% of the
repair costs and the city would pay 20%. The entire process of
obtaining funding would take approximately 2-1/2 years. Mr. Blackburn
indicated that the applicant has agreed to escrow $50,000 to $60,000 for
repairs on the bridge to enable it to meet HS-15 standards. This
standard will accommodate 50,000 pounds, and will allow the bridge to
accept the truck loads associated with the landfill. If the case is
denied, the bridge will still be an issue for Carrollton and Coppell.
He said the zoning aspect was straightforward and that the planning for
the Special Use Permit was not premature. The applicant has also agreed
not to begin operation of the landfill use until the bridge is repaired
and can accommodate the additional truckloads. Mr. Blackburn then
indicated they have a contract to purchase 94 acres of the Gun Club
property which would allow the landfill access to Sandy Lake Road. They
have also worked with the Gun Club to compile a list of stipulations
including hours of operation, type of fencing and screening, and
prohibitions against the storage of sludge. They have also met with the
city of Coppell, and have tried to work with them. In summary, he said
the staff had raised issues and they have responded, they have proposed
a one-use Planned Development that will protect the city from other
industrial users, and have agreed to provide money for the bridge.
Approval of the requests is a win-win situation for all involved.
Bert Elsey of Syler and Associates gave a slide presentation of
different types of landfills and explained how they operate. He also
commented on the reuse of landfills. Mr. Nix asked when the Irving
landfill that was reused as a golf course was closed. Mr. Elsey said it
was closed in 1980 or 1981.
Mr. William Cothrum, 500 South Ervay, Dallas, representing the
Dallas Gun Club, said his clients had many concerns about the landfill
early in the hearing process. Since that time they have met with the
city and the applicant, and all their concerns have been adequately
addressed. Their major concerns included the hours of operation and
access to Sandy Lake Road for the landfill. The applicant will purchase
property from the Gun Club to construct a road to the landfill. The Gun
Club will also have access to the road. They were also concerned about
the visibility of the landfill from the Gun Club property. The
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screening plan proposed by the applicant will screen the use adequately.
Another concern was the affect of the levee on their property; would it
increase flooding? They have been satisfied with the responses to that
issue. They are also supportive of the creation of the Planned
Development for the landfill use only. In the future, when the landfill
is no longer in operation and rezoning is requested, they would be given
adequate notice and could provide input on the proposed zoning of the
land.
Mr. Blackburn then indicated that his client has been willing to
address all the issues. Only 130 acres of the 230 acres, or 55% of the
site will be used for landfill operations due to the need for valley
storage. He reiterated that his client is willing to take a risk and
will agree not to begin operation of the use until the bridge is
repaired to the HS-15 standards.
Jerry Sheffield indicated that he had no problem with the land use,
but there are problems with the bridge and the lack of commitment to
improve or repair it to accommodate the truck loads associated with the
use. He said that since the applicant has promised not to begin
operation of the landfill until the bridge is brought up to the HS-15
standards, there is a clear difference between this case and the TXI
case which was denied by the Planning and Zoning Commission earlier this
year. Other differences between this request and the TXI request
include:
(1) Access to the property; -the applicant is proposing an
all-weather road to the site.
(2) Screening; the applicant is providing screening and buffering
of the landfill from the Gun Club property.
(3) Reuse of the property; they will be required to leave the
property in a usable state upon the closure of the landfill.
(4) Zoning; a single use Planned Development District will require
a rezoning case after the closure of the use.
(5) Bridge conditions; they will not operate the landfill until
the bridge is brought up to accommodate the 55,000 lb.
truckloads.
Michael Clay asked Mr. Blackburn how the city can be sure his
client will not use the site for a landfill if the site is ready to
operate before the improvements are completed?
Mr. Blackburn said this is an economic risk his client is willing
to take. The state requirements say you must have adequate and proper
zoning from the city and the Special Use Permit requirements must be met
before they will issue permits for the landfill. The city could also
ensure these conditions were met through proper enforcement of the
Special Use Permit. Daily fines can be levied against any property
owner that is in violation of an ordinance. Michael Clay then asked if
the Commission could grant the Planned Development application, and wait
on approving the Special Use Permit. Marc Guy stated this would not
help the applicant, since both approvals are needed before the use is
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considered a permitted use. Mr. Blackburn agreed with Marc Guy's
statement.
Michael Clay then asked Tim Tumulty to describe the dead storage
and valley storage issues, and if the city agreed with the applicant's
study. Mr. Tumulty said that the ring levee system, the pipe and the
deeper swale will allow the property to provide the same storage as the
original property provided. He said the applicant will need to take his
plans to FEMA for their approval, and that this proposal does meet city
conditions.
Mr. Nix indicated that he agreed with Mr. Sheffield's summary, and
the applicant had addressed all his concerns. He asked if all-weather
surface means asphalt or concrete. Mr. Blackburn said it would be a
concrete road to the site.
Mr. Nix asked if the State permit for the landfill is not granted
to the applicant, what would the city do with a Planned Development for
a landfill use only. Mr. Guy said that the city would not be obligated
to do anything but probably would want to initiate a rezoning case.
Mr. McNeill said he wanted to compliment Jerry Sheffield for a good
summary of the issues, but he still had concerns with the condition of
the Sandy Lake Road. He said with this additional traffic, the life
expectancy would decrease rapidly once the landfill is in operation, and
wanted Mr. Blackburn to address that point. The city of Carrollton does
not have the funds to improve the road. Mr. Blackburn said the study
showed that the life expectancy of the road would decrease from 2.7
years to 2.5 years with the approval of the landfill, and that this is
not much of a decrease. The city doesn't have the immediate safety
concern with the road as with the bridge. He also indicated that the
$50,000 to $60,000 the applicant would put in escrow could be used for
bridge and road repairs. He said that landfills are almost always in
remote areas, and you will not find one adjacent to a four-lane divided
thoroughfare.
Mr. McNeill said the information included in the packet states the
truck traffic from the landfill will deteriorate the road at a much more
rapid rate once the use begins, and asked the staff to comment on this.
Cissy Taylor said that the study shows that it would decrease from 2.7
to 2.5 years, but that the trucks do not start using the road until year
2.0, so there is a much higher percentage decrease in that rate between
2.7 and 2.5 when you consider there are no trucks using the road at all
the first two years. The decrease in road life after the initial two
years is quite rapid.
Mr. Larson asked if the analysis is based on current traffic.
Cissy Taylor said it was based on a 2% growth per year, starting today
with the additional truck traffic starting at year 2.0. Tom Simmerly of
DeShazo, Starek and Tang, Inc., indicated that Cissy Taylor is correct.
They did use a lag time, but that they tried to be conservative in their
study. Their core samples taken on the road showed large amounts of
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concrete, which was a surprise to them and the city, and that 2.5 - 2.7
years is a conservative number. Also their study showed 80% of the
traffic from the landfill using Sandy Lake Road which more than likely
would not be the case. Mr. McNeill asked Mr. Simmerly if he agreed that
the deterioration would be accelerated once the additional truck traffic
begins using the road. Mr. Simmerly said yes, the deterioration to the
road is an exponential calculation. Mr. Simmerly added that it was hard
to estimate what an average load to the landfill would be.
Fran Brown asked if (1) city landfill trucks currently use Whitlock
Road, (2) is it a truck route, and (3) are our landfill trucks affecting
the life of that road. Tee Corbo, Sanitation and Landfill Manager,
indicated that all city trash trucks use Whitlock Road. Cissy Taylor
said that neither Sandy Lake Road or Whitlock Road is a truck route, and
that Whitlock Road was not built to the new standards. Fran Brown asked
the difference in the number of city trucks and the number of trucks
associated with Mr. Blackburn's use. Mr. Corbo indicated that the city
landfill currently generates 85 to 90 round trips per day on Sandy Lake
Road, and the proposed use would probably result in 80 round trips per
day, which would include single axle and tandem trucks.
Mr. Simmerly indicated that the type of trucks they used in their
study would be a similar type of truck that the city uses. The city
uses 50 trash trucks, so they assumed that approximately 50 to 60 more
would result in a total of 110 trucks per day using the road. Fran
Brown asked if they also assumed the same tonnage in their study. Mr.
Simmerly stated they used the same weight since the weight on the axle
is what makes the difference in the life of the road. Cissy Taylor
stated that Sandy Lake Road was not designed for trash trucks, because
it is asphalt. Fran Brown then asked if our city trucks had reduced the
life of the road, and Tim Tumulty responded that this would be difficult
to determine. Fran Brown asked Mr. Blackburn what he meant in his
letter when he said Sandy Lake Road would be rebuilt in the "near
future". Mr. Blackburn replied that Coppell is definitely interested in
rebuilding the road, and that "the near future" meant 5 to 6 years at
worst. No one has taken into account the expansive growth in the area
when assuming a 10 year time frame before the road is improved. Ms.
Brown then asked if he will furnish a commitment to the city of
Carrollton that the road would be improved in 5 to 6 years. Mr.
Blackburn said that no, he could not give a commitment that the bridge
will be rebuilt, but they could commit to escrowing $50,000 to $60,000
towards the bridge, and they could make as a condition of the Special
Use Permit that they would not accept any materials for deposit in the
landfill until the bridge is repaired to an HS-15 standard. They would
be able, however, to work on the levees and other type of activities
prior to the bridge being completed. Ms. Brown then asked Marc Guy what
kind of commitments the city would need to approve a Planned Development
with that stipulation. Mr. Guy replied that no one knows when the
repairs to the bridge will be made, and that the city would not have any
control over when, and if the condition is met. A time frame could be
established, and if the bridge is not rebuilt within three to five
years, the Special Use Permit could be reviewed again by the city. Mr.
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Blackburn said they had no problem with the five year review for the
bridge conditions, but they want to be able to prepare the site for the
fill operation.
Mr. Larson asked how much of Sandy Lake Road is in Coppell, and how
much is in Dallas. Mr. Guy said that about the first 1500 feet east of
the river is in the city of Dallas, and about 1/2 mile from the river
west to the access point for the landfill would be in the city of
Coppell. Mr. Larson then asked if the soil samples that were taken go
beyond the bridge. Mr. Simmerly replied, yes, the samples included
portions of the road within Coppell. Mr. Larson then asked if money
that is earmarked for one project in the CIP can be used for another
project. Cissy Taylor said the CIP program includes money voted on for
specific projects, and that once the vote has been taken, money cannot
be reallocated from those projects to other projects. She indicated
that Sandy Lake Road was originally on the CIP list in 1986 but was
removed, and it would have to be a part of a future capital improvement
program. The improvement of Sandy Lake Road to six lanes would then
have to be approved by the citizens of the community in a city-wide
election. Mr. Larson asked if patching the road is the only other
alternative. Cissy Taylor indicated that overlays on Sandy Lake Road
are possible, but Carrollton does not have an impact fee, so the city
would ultimately pay for this.
John Barrick asked Mr. Romo to address the EPA concerns, and
whether or not EPA regulations would become more stringent in the near
future. Mr. Romo replied yes, the EPA is revising their regulations,
which will become more stringent, and that there are no grandfather
clauses for health regulations. John Barrick asked who would inspect
the landfills. Mr. Romo said the city would be involved initially, and
would also be the main one doing the followup inspections.
Mr. Barrick then said he had concerns with the appropriateness of
the land use. He said the future extension of 190 and 161 through the
area, and the potential for taking much of the property out of the
floodplain might open up the area for redevelopment in the future. A
landfill on the west side of the highway might hamper this
redevelopment. He also indicated that this request probably would not
be looked at seriously as an appropriate site for a landfill if there
was not already a landfill in that area. Mr. Clay then indicated he
wanted to make sure that the hours of operation and screening would be
part of the Planned Development. Mr. Blackburn said the hours of
operation agreed to are 6 a.m. to 6 p.m. Monday through Friday; 6 a.m.
to noon on Saturday, and that they would be closed on Sunday. Screening
would include berming and planting, and movable screens around the areas
that are being worked on.
Fran Brown asked Mr. Blackburn if the bridge is not replaced or
repaired but the use is ready to operate in all other respects, would
his client agree not to operate the use. Mr. Blackburn said yes. Ms.
Brown then asked if they have precedent to approve zoning cases with
these types of conditions. Mr. Guy said that normally, zoning cases are
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not approved with stipulations that the city has no control over.
However, the Commission can include any conditions in the Special Use
Permit that they wish to include.
Mr. Guy then read a summary of the stipulations proposed by the
staff plus the stipulations discussed at tonight's hearing:
1. The landfill shall be a Type I sanitary landfill, and shall be
developed, operated, maintained and reclaimed in accordance with the
Municipal Solid Waste Management Regulations of the state of Texas
and all other applicable state laws, the applicable regulations of
the U. S. Environmental Protection Agency, and all other applicable
federal laws;
2. The site shall be developed in accordance with the conceptual
development plan;
3. A litter control fence shall be erected and maintained in accordance
with the fencing details;
4. Screening shall be erected and maintained in accordance with the
screening plan;
5. A 404 Wetlands permit shall be obtained from the Corps of Engineers,
or a letter from the Corps stating that such permit is not required,
prior to the commencement of any operations on the site;
6. A FEMA permit shall be obtained, or a letter from FEMA stating that
such permit is not required, prior to the commencement of any
operations on the site;
7. A Texas Water Commission permit shall be obtained, or a letter from
the Texas Water Commission that such permit is not required, prior
to the commencement of any operations on the site;
8. A permit shall be obtained from the Texas Department of Health prior
to the commencement of any operations on the site. All requirements
of such permit shall be complied with;
9. Construction drawings of the driveway and driveway cut shall be
submitted to, and approved by, the city of Coppell prior to the
commencement of any operations on the site;
10. The roadway to the office and shop facility shall be an all-weather
surface, in accordance with the 1985 Uniform Fire Code;
11. At least one thousand (1,000) feet of the access road extending from
Sandy Lake Road shall be paved, in accordance with the landfill
access plan on page 40 of the packet;
12. Landfill operation shall be defined as an industrial user so that
the city shall be allowed access for monitoring, record review and
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complaint and compliance investigation in accordance with the
Industrial Waste Ordinance.
13. No fill operations shall be permitted on the site until the Trinity
River bridge is repaired to an HS-15 rating, as defined by the
American Association of State Highway and Transportation Officials.
If the bridge is not repaired accordingly within five (5) years, the
city of Carrollton shall initiate a reassessment of the zoning of
the site.
John Barrick asked the applicant if they would be bringing any dirt
on site to build the levees. Mr. Blackburn said they have more than
enough dirt on site to do their work. Fran Brown asked if they had any
contact with the gentleman who was opposed to the landfill use at the
April 6th hearing. Mr. Blackburn said Ray Warren, who was originally
opposed to the case, thought that the Gun Club was also in opposition.
They have not been able to contact this gentlemen lately, but assumed
that since the Gun Club is no longer opposed, he would not be opposed.
Jerry Sheffield made the comment that landfills are never found on
improved six lane roads, but are typically on two-lane, country roads.
We would like to see Sandy Lake Road with six lanes, but this is not
different from other landfills in other cities. Since the city does not
have control over many other permits that are involved in the approval
of the landfill, he felt that the bridge stipulation is no different
from these stipulations.
* A motion was made by Sheffield/Nix to close the public hearing and
approve the case subject to the list as read by Marc Guy.
Bruce Larson asked if the Sandy Lake Road portion was included in
the motion. Marc Guy said that only the Sandy Lake Road-Trinity Bridge
was included. Michael Clay said he would like to see the screening plan
and hours of operation included in the motion. He also wanted the City
Engineer to confirm the HS-15 rating has been met before the use begins
operation. Mr. Guy said the operating hours and screening plan would be
included on exhibits that are attached to the ordinance. Mr. McNeill
said that he felt it was a mistake to overlook the impact this project
will have on Sandy Lake Road, and he cannot accept the motion. Jerry
Sheffield said that he acceDted Mr. Cla¥'s amendment allowing the city
to confirm that the bridge has been rebuilt to HS-15 standards prior to
the operation of the use. Therefore, the new stipulation to the Special
Use Permit would read as follows:
14. The City Engineer for the city of Carrollton must verify the HS-15
rating before commencement of fill operations.
A vote was taken, 5-2, with Mr. McNeill and Mr. Barrick in
opposition. The case will be heard by the City Council on June 20,
1989.
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The meeting adjourned at 9:30 p.m.
Kath~ S~t vets
Senior Current Planner
John Barrick, Chairman
Planning and Zoning Commission
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