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03-02-2004 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting March 2, 2004 7:00 pm Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Red Byboth Claude Thompson, Director Don Hughes Mary V. Bradley, Secretary Mike Phillips Terry Capehart, Planner Carter Porter Chris Seely Kathy Spillyards Commission Members Absent: William Chapman CALL TO ORDER Chairman Seely called the Regular Meeting to order at 7:13 p.m. INVOCATION AND PLEDGE Commissioner Byboth offered the Invocation and Commissioner Porter led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the February 17, 2004 Regular Meeting. A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to approve the minutes as submitted. Motion carried 6—0. P & Z Commission Meeting March 2, 2004 Page 2 of 10 PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being located at 713 Cooper Drive, and being part of Lot 3, Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004-01). Thompson stated that the subject property was created in 1972 as Lot 3, Block A of the Wylie Industrial Park Addition. The entire lot totals 22,769 square feet or 0.523 acres in size, and is currently vacant. It is currently zoned Corridor Commercial (CC) District, and the proposed Telecommunication Microwave Tower is allowed within the CC District with an approved Special Use Permit (SUP). The applicant is leasing 625 square feet (0.014 acre) at the rear of lot 3, and will provide an access easement to Cooper Drive. The access easement and parking will be paved according to City standards. There are existing utilities and drainage easements around the back part of the lot, and proposed tower locations but the front portion of the lot allows retail/office uses allowed within the CC District. The property to the east is occupied by an older masonry building and the property to the north across Cooper is occupied by a metal building. The new Walgreen's building occupies the abutting lot to the south, and the Auto Zone retail store is under construction to the southeast. The Zoning Ordinance requires Telecommunication Towers to be monopole construction and not exceed one hundred twenty (120) feet in height, and ground-level equipment must be screened by a masonry wall. The proposed facility will be a tapered monolithic pole, one hundred fifty (150) feet in height and will be enclosed by a masonry wall eight feet in height, and will comply fully with all of the specific regulations of the Zoning Ordinance except for the difference in height. All the electrical and telecommunication equipment will be located in metal cabinets within the wall compound. All transmission wiring except the airwaves will be underground. As required by the State Law, twelve (12) property owners were mailed Public Comment Forms. Three (3) Public Comment Forms were returned, prior to posting of the agenda and an additional response was provided at the meeting. These responses represent eight (8) different parcels of land within the notification area, five (5) of which oppose the request and three (3) favor the request. Because the negative responses represent more than twenty (20) percent of the notification area, the affirmative vote of seventy-five (75) percent of the City Council will be required to approve the request. P & Z Commission Meeting March 2, 2004 Page 3 of 10 The microwave type tower is to be directional, and must be aligned with other towers. The somewhat triangular shape of the subject property and the un-developable utility and drainage easements restrict the use of this rear portion of the property for other urban uses allowed within the zoning district. Dave Kirk, T-Mobile, 11830 Webb Chapel, Dallas, Texas, represented applicant for the subject property, distributed a map of the T-Mobile existing towers and service areas and stated that there is a need for a tower at the subject area as the two closest existing towers are not within range for a connection. Mr. Kirk stated that before a tower is built, there are several factors to consider on how the connection will be affected within a certain range, typically it is half-mile to three-quarter mile radius but it is more controlled by the elevation of the ground and the height of the antenna. The intent is to benefit cellular telephone usage within an area where there is no connection available. A connection is between a telephone and tower, and not tower to tower. Several Commissioners questioned if the tower could be placed in a different location or placed on top of an existing structure especially neighboring buildings or the health clinic behind Brookshire's to the southwest. Thompson stated that the issue with placing a tower on top of existing structures depends on the buildings' ability to handle the live load such as created by the weather and such will be difficult to verify for existing older buildings. Mr. Kirk stated that he was unaware of the availability of lease space on existing buildings or if the tower could be placed elsewhere. Chris Feinhals, General Transformer Corporation, P.O. Box 280, Wylie, Texas, represented the business owner next to the subject property, spoke against the zoning request and recommended that the tower be located out of sight so that the development of the property surrounding the tower will not be disrupted. A motion to deny the request was made by Commissioner Hughes, but failed due to no second. Commissioners discussed other locations available for a tower, and the need for locating a tower near the subject property in order to insure complete coverage for cell phones. Following discussion, Commissioner Porter suggested that the item be tabled to allow time to research the other locations to which Mr. Kirk agreed. A motion was made by Commissioner Porter, and seconded by Commissioner Hughes, to table the item until March 16, 2004. Motion carried 4 — 2, with Commissioner Phillips and Commissioner Spillyards voting against. P & Z Commission Meeting March 2, 2004 Page 4 of 10 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family 8.5/17 to Single-Family 8.5/17 with Special Use Permit for Amateur Radio Communications Tower, subject property being located at 1518 Windward Lane, and being Lot 24, Block 13 of Newport Harbor Addition, Phase II, City of Wylie, Collin County, Texas. (Zoning Case 2004-02). Thompson stated that the applicant is requesting a Special Use Permit (SUP) in order to attach a tower to his existing single-family residence for the operation of an amateur radio station. The tower and antenna will be forty-five (45) feet high and will be tubular truss construction. Thompson reviewed the zoning history of the subject property, stating that the Zoning Ordinances allows amateur radio antennas within residential districts only with an approved Special Use Permit. The consideration of an SUP is required because such towers have the potential to adversely affect the surrounding land uses, especially in regards to the visual or aesthetic impact of the tower and interference with the receiving capability of other communications equipment within the vicinity. The proposed tower will be located in the rear yard, and attached to the rear wall of the house with no supporting guy wires required. The top of the tower and antenna (at 45 feet maximum height) will be approximately 13 feet higher than the peak of the two-story house roof (32 feet), so will be largely screened by the roof from the front yard/street- level view. The FCC confirms the potential for such radio transmitting to interfere with other air- wave communication, but such interference is caused largely by inadequate design and manufacture of the equipment being interfered with and even by other equipment within the interfered-with house, and is most readily solved by adjustments to that equipment. The FCC requires that the operator keep a log of all transmissions, so that the service of interference is readily traceable if by amateur radio. The applicant reports that the transmitting equipment is operated only between 10PM and 6AM and times of emergency, and the proposed antenna provides for controlled directional transmission. Public Comment Forms were mailed to thirty-four (34) property owners within 200 feet of this request. Twelve Comment Forms returned representing eleven (11) properties, including one provided at tonight's meeting. Seven (7) responses oppose the request and five favor the request. Thompson stated that this negative response may require a decision of seventy-five (75) percent of the Council, and staff will calculate to verify. The proposed tower and antenna will comply fully with all applicable regulations of the Zoning Ordinance. The requested height of the tower is 45 feet and the height allowed by the Ordinance is 75 feet. Commissioner Hughes questioned the specified height of 45 feet versus the 40 feet noted in the provided site plan. Thompson stated that the tower is P & Z Commission Meeting March 2, 2004 Page 5of10 under construction at 40 feet and the antenna will add some height. Commissioner Porter stated that the SUP allows an applicant to tailor the size of the tower. Thompson reminded the Commission of a similar request for a SUP in a Single-Family District was approved recently for a tower of 35 feet on a single-story residence. The City Council also recommended that the SUP for the previous tower be tied to the applicant and not just to the property, so the current request is likewise limited to the current property owner. Jim Haynie, 3226 Newcastle Drive, Dallas, Texas, President of the American Radio Relay League, representing 680,000 licensed amateur operators across United States, stated that the electrical interference could also be caused by neon signs, faulty electric transformers on poles, and faulty circuit breakers within the houses and has nothing to do with RF radiation interference. Congress passed a law in 1982, stating that FCC is solely responsible for radio frequency and interference. Mason Sarles, 1518 Windward Lane, Wylie, Texas, applicant and resident of the subject property, stated that the tower is complete but has no antenna and the radio is not operable. The hours of operation will be typically at night and on weekends. The intent is to use of the radio as a hobby and emergency communication, but will serve other purposes also. Britt Volker, 1511 Anchor Drive, Wylie, Texas, resident of a neighboring house to the subject property, spoke in opposition to the tower, stating that there are wires hanging off the antenna measuring well over thirty feet in length. Mr. Volker stated that there has been interference with cordless telephones since the tower went up. Mr. Sarles stated that the wires hanging off the tower are for other types of antennas, but will be replaced by the directional grid. Mr. Haynie stated that the subject property was inspected today and is not wired for operation. Mr. Haynie further described the function of the antenna and the control cable for the tower. Commissioner Byboth questioned what happens to the tower if the property owner vacates the premises. Thompson stated that the tower can be operated only by the current property owner. Mr. Sarles agreed to include a statement in the Conditions of the SUP, to remove the tower if or when he moves off the subject property. A motion was made by Commissioner Porter, and seconded by Commissioner Phillips, to recommend approval for the zoning change with amendment to the Conditions that if the applicant vacates the property, the tower shall be removed from the site. Motion carried 6-0. P & Z Commission Meeting March 2, 2004 Page 6 of 10 3. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Planned Development (PD) District for Residential Uses of mixed densities, generally located east of McCreary Road, and east of Sage Creek Phase IV and south of McMillan Road, being all of a certain 45.125 acre tract of land as described in a deed to Perry Easterling, recorded in Volume 2258, Page 914 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. (Zoning Case 2004-03) Thompson stated that the applicant is requesting rezoning of 45.125 acres of undeveloped land in order to expand the existing Sage Creek Planned Development District (PD) for single-family residential uses. Approximately one-half of the subject property is occupied by the 100-year floodplain and is therefore not developable. Thompson reviewed the Planned Development Conditions of the Sage Creek Development. The proposed Planned Development District will allow a maximum of 111 new lots or a density of 2.46 lots/dwellings per acre. Of these total lots, at least 10 must be 1 acre or larger in size, 49 lots must be 7,200 square feet or larger, and no lot may be smaller than 6,000 square feet. Minimum dwelling size is to be 2,200 square feet on lots of 1 acre and 1,700 square feet on lots smaller than 1 acre. The subject PD waives the requirement for alleys, and proposes a modification from the adopted yard setback dimensions and flexible development regulations of the Zoning Ordinance. Public Comment Forms were mailed to thirty-nine (39) property owners within 200 feet of this request as required by State Law. Two Comment Forms have been returned, representing three parcels, and all opposing the request. Two points of access are required for all subdivisions in order to facilitate emergency access. The proposed addition provides access and illustrates two potential locations from the existing subdivision, neither of which is considered by the Fire Marshall to be adequate. A second access is recommended from Claybrook Drive in the existing Sage Creek Phase IV Addition. However, the portion of the property required for this recommended access is owned by a private land owner and the permission to extend the street has not been verified as of yet. The Development Plan can be considered tonight for approval and before final plat is accepted and approved, two points of adequate access will be required. John Bull, 5225 Village Creek Drive, Plano, Texas, represented Dowdey, Anderson and Associates Engineering Company, stated that the intent is to continue with the same smaller-lot product currently in the existing Sage Creek development, while at the same time comply with the spirit of the Comprehensive Plan by providing some lots on one acre or larger. P & Z Commission Meeting March 2, 2004 Page 7 of 10 Neal Heckel, Ashton Woods Homes, 13800 Montfort Drive, Suite 100, Dallas, Texas, represented the home builder for the proposed property and the existing subdivision Sage Creek, stated that a 30 feet wide area will be dedicated as public park to the east of the property with a walking trail installed by the developer, which will tie into the existing subdivision on the west, and the total park dedication will be 3.49 acres. The lots larger than one acre will extend to this linear park/trail corridor and the rear portions of the lots will generally remain open or fenced with limited minimal enclosures because it will remain floodplain and undevelopable. Thompson stated that the Park Board has approved the proposed open space and trail concept. Mr. Phil Easterling, 941 Hensley Lane, Wylie, Texas, represented the property owner of the subject property, spoke in favor of the zoning change. He reported vandalism of the property since the development of neighboring houses. Mr. Heckel stated that the economy is starting to stabilize and a move up housing market is needed within the immediate area. To accommodate this desire for larger houses, five additional plans ranging to 3,000 square foot have been added to the Sage Creek model. Commissioner Spillyards favored increasing the square footage of houses to address this move up market. After discussion, Mr. Heckel agreed to require that 75 percent of the houses on lots less than 1 acre will be 1,900 square feet in size. Commissioner Porter questioned the Planned Development's elimination of sidewalk lighting. Mr. Heckel stated that there was a misunderstanding of the Zoning Ordinance and that low-height decorative lighting will be provided for streets and sidewalks. Specialty paving crosswalks four feet wide will also be added. Marvin Fuller, Inwood National Bank, spoke in favor of the zoning change and stated that the existing development pattern limits access to the proposed development as well as dictates the size of lots and homes which can be marketed there. A motion was made by Commissioner Byboth, and seconded by Commissioner Spillyards, to approve the zoning change with amendments to the Condition to include requiring that 75% of the dwelling size be 1,900 square feet or larger on lots under 1 acre; that decorative street lighting be required and specialty paving of four feet wide will be provided at crosswalks for major intersections and that park improvements be limited to the public open space of this and previous Phases Sage Creek. Motion carried 6—0. Chairman Seely adjourned the meeting for a short break and reconvened at 10:15PM. P & Z Commission Meeting March 2, 2004 Page 8 of 10 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 13B Addition, being all of a certain 65.323 acre tract of land, generally located east of Country Club Road (F.M. 1378) and south of Park Boulevard, as described in a Contract for Deed to Centex Homes, and being situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Thompson stated that the property will create 164 single-family residential lots and 3 common areas/open spaces to be owned and maintained by the Homeowners Association. This subject property is the second phase of the larger Birmingham Farms Phase 13 Planned Development (PD 2002-39). The subject property conforms to the requirements of the Single Family 10/19 District except that the minimum dwelling size is 1,800 square feet with 85% exceeding 1,900 square feet. The right-of-way for the widening of Park Boulevard will be dedicated by this plat, but no street, water, sanitary sewer or storm sewer will be required, according to the stipulations of the Special Agreement and the earlier PD. This is a trade off for the developer to construct a bridge across the creek to connect Park Boulevard at Dodd Elementary and the new schools. Brent Murphree, 7950 Elmbrook Drive, Dallas, Texas, represented engineer Carter Burgess, stated that the development will be a continuation of the Birmingham Farms 13A. The homeowner association will maintain the common areas. There will be a thin screening wall along Park Boulevard, which is similar to the existing screen wall in the subdivision. A motion was made by Commissioner Phillips, and seconded by Commissioner Porter, to recommend to the City Council approval of the Final Plat Birmingham Farms Phase 13B. Motion carried 6 —0. 2. Consider and act upon approval of a Site Plan for the Inwood National Bank facility, being all of a certain 1.622 tract of land, located at 120 S. Jackson Street, City of Wylie, Collin County, Texas. Thompson stated that the Site Plan is for a full service bank facility with drive-through service. The subject Plan is substantially the same as one approved previously by the Commission, and is primarily intended to add a portion of the old rail corridor to the bank lot. The subject tract totals 1.622 acres and will consist of a single story building of 6,686 square feet, and a 7-lane drive through facility. The proposed bank will be oriented to face State Highway 78. P & Z Commission Meeting March 2, 2004 Page 9 of 10 The primary access will be from Birmingham Avenue and Jackson Street and no direct access to State Highway 78 will be provided. No cross access is provided between the bank facility and the adjacent property to the north in order to prevent interference with the drive through traffic circulation. With no questions for the applicant or staff, a motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to approve the Site Plan as submitted. Motion carried 6—0. 3. Consider a recommendation to the City Council regarding a Final Plat for the Inwood National Bank Addition, Lot 1, Block A, being a Replat of Lot 1A-R, Block 3, Provident Bank Addition, being all of a certain 1.622 acre tract of land, located at 120 S. Jackson Street, as described in deeds to Inwood National Bank as recorded in Cabinet N, Page 443 and CC# 94-0096329 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat for the Inwood National Bank Addition will replat the existing Lot R1, Block 3 of the Provident National Bank Addition to combine it as a single lot with a 0.636-acre portion of the recently abandoned railroad right-of-way. This Plat will accommodate the Site Plan considered in the previous item. Thompson stated, because this is a replat, the Park Board is requesting park dedication fees under the recently adopted revision. Commissioner Porter recommended that the applicant be made aware of fees before coming to the Planning and Zoning Commission Meeting. Thompson stated that applicants are informed generally of all fees by the application form, and that he was told today to pass the message on to the applicant. With no questions for the applicant, a motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to recommend approval of the replat Final Plat Inwood National Bank Addition. Motion carried 6—0. 4. Consider a recommendation to the City Council regarding revisions to the Comprehensive Plan Map. Thompson stated that this item will be tabled until March 16, 2004 meeting. MISCELLANEOUS Thompson quickly reviewed the several news articles provided to Commissioners and reported that staff recently sent a survey to all applicants and other contacts made during the previous year to determine potential problems or satisfaction with services provided by the Planning Department and Commission. P &Z Commission Meeting March 2, 2004 Page 10of10 ADJOURNMENT A motion was made by Commissioner Porter, and seconded by Commissioner Hughes, to adjourn the meeting. Motion passed 6-0. Chris eely, Chairman Mar Br dley, Secreta