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01-16-2007 (Planning & Zoning) Agenda Packet Planning & Zoning Commission i ' I . CITY OF WYLIE 1 January 16, 2007 Regular Business Meeting Wylie Planning & Zoning Commission CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, January 16, 2007 — 7:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North Dennis Larson Chair Scott Ames Vice-Chair Tim Bennett, P.E. Board Member Jamie Gregg Board Member John Onufreiczuk Board Member David Goss Board Member Kevin Finnell Board Member Renae 011ie Planning Director Charles Lee, Jr.,AICP Senior Planner Jasen Haskins Assistant Planner Mary Bradley Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Chair and Commissioners request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Commissioners regarding an item that is not listed on the Agenda. Residents must provide their name and address. The Commission requests that comments be limited to three (3) minutes. In addition, the Commissioners are not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA A. Consider and act upon approval of the Minutes from the January 2, 2007 Regular Meeting. January 16,2007 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA Action Agenda Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a request for a Special Use Permit (SUP) for a Telecommunications Tower to be located generally at the northeast corner of Stone Road and Akin Lane. ZC 2006-19 WORKSESSION 1. Discuss change of zoning for 10.005 acres located south of Brown Street and west of Country Place Lane and 10.005 acres located on the southwest corner of Brown Street and Country Place Lane. ADJOURNMENT CERTIFICATION "tuiinlIriii I certify that this Notice of Meeting was posted' ` th6 If2 L41f,J anuary , 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 o the Texas e,2tro �d feat the appropriate news media was contacted. As a courtesy, this enda is also p the Cit Hof ylie website: 1,1m41,<ilietexas.gov. 197 arole Ehr'eh, i ecretary Date Notice Removed • • • ///'��/n i;E`P`•. Wylie Planning and Zoning Board CITY OF WYLIE Minutes Wylie Planning & Zoning Board Tuesday, January 2, 2007 — 7:00 pm Wylie Municipal Complex — Staff Conference Room 2000 Highway 78 North CALL TO ORDER Chairman Larson called the meeting to order at 7:10PM. In attendance with Chairman Larson were Commissioner Goss, Commissioner Bennett, Commissioner Ames, Commissioner Gregg, Commissioner Onufreiczuk, and Commissioner Finnell. Chairman Larson introduced new Commissioner Kevin Finnell to the Board. All Commissioners welcomed him aboard. Ms. 011ie introduced new employees, Mr. Charles Lee, Senior Planner and Mr. Jasen Haskins, Assistant Planner. All Commissioners welcomed them aboard. Staff members present were Renae 011ie, Charles Lee, Jasen Haskins, and Mary Bradley. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Gregg gave the invocation and Commissioner Bennett led the pledge of allegiance. CITIZENS COMMENTS No one approached the Commissioners. Minutes January 2, 2007 Wylie Planning and Zoning Board Page 1 of 9 CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the December 5, 2006 Regular Meeting. A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Ames, to approve the minutes from December 5, 2006, regular meeting as submitted with no changes or corrections noted. Motion passed 6 — 0 - 1 with Commissioner Finnell abstaining. ACTION AGENDA ITEMS 1. Consider and act upon approval of a Site Plan for Sargent Office Building at Hooper Business Park, Lot 13, Block A for a proposed 6,000 square foot office/warehouse building on 0.558 acres. Ms. 011ie stated that the applicant is proposing to develop a single story 6,000 square foot office/warehouse building on 0.558 acres. The proposed building will consist of 1,000 square feet of office space and 5,000 square feet warehouse space. Staff recommends approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. With no questions for Staff, a motion was made by Commissioner Bennett, and seconded by Commissioner Onufreiczuk, to approve the Site Plan for a proposed 6,000 square foot office/warehouse building on one lot, generally located at 200 Security Court, Lot 13, Block A of the Hooper Business Park Addition. Motion carried 7 — 0. 2. Consider and act upon approval of a Site Plan for Children's Lighthouse Day Care Center for a 10,000 square foot facility on 1.796 acres. Generally located east of McCreary Road and north of FM 544. Mr. Lee stated that the applicant is proposing to develop a day care facility on one lot. The lot is 1.79 acres in size and will consist of a 10,000 square foot single-story building to be used for instruction and asso9ciated childcare purposes. As reflected on the Site Plan, two points of access is being provided from FM 544 via an existing drive from abutting property to the west and proposed curb cut to the east along FM 544. Staff recommends approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Commissioner Gregg questioned the parking and access from FM 544. Mr. Lee stated that a loop should be provided around the drop-off area. The State Law Minutes January 2, 2007 Wylie Planning and Zoning Board Page 2 of 9 requires children under a certain age must be walked up to the front door, so additional parking will be provided for the parents having to actually park and walk their children into the day care facility. With no questions for Mr. Robert Garza, the applicant, a motion was made by Commissioner Goss, and seconded by Commissioner Ames, to approve the Site Plan for a proposed 10,000 square foot day care center on one lot, generally located east of McCreary Road and north of FM 544. Motion carried 7 — 0. 3. Consider a recommendation to the City Council regarding a Replat for Children's Lighthouse Day Care Center, being a replat of Lot 2, Block 1 of the Moss Addition. Generally located east of McCreary Road and north of FM 544. Mr. Lee stated that the Replat for Children's Lighthouse Day Care Center, accommodates the Site Plan for Children's Lighthouse Day Care facility that was just considered on the agenda. The applicant is proposing to subdivide a 3.65 acre lot into two lots, and Lot 1 will accommodate the Day Care facility. An access easement will be dedicated on the east of the property. With no questions for the applicant or Staff, a motion was made by Commissioner Gregg, and seconded by Commissioner Onufreiczuk, to recommend approval to the City Council for Replat of Children's Lighthouse Addition, Block 1, Lots 1 and 2, generally located east of McCreary Road and north of FM 544. Motion carried 7 — 0. 4. Consider a recommendation to the City Council regarding a Final Plat for Woodbridge Parkway R.O.W. Dedication. The plat dedicates 4.4167 acres, approximately 3,400 linear feet of roadway for the construction of Woodbridge Parkway. Ms. 011ie stated that the Final Plat dedicates 4.4167 acres, approximately 3,400 linear feet of roadway for the construction of Woodbridge Parkway. The dedication will also allow access and a portion will adjoin a 30-foot right-of-way being dedicated by the proposed Multi-Family Development, Broadstone Apartment development to the east. Ms. 011ie asked the developer, Mr. Don Herzog, to address the Commissioners and describe the Parkway in more detail. Mr. Don Herzog, Herzog Development Corporation, 9696 Skillman, Dallas, Texas, the developer of the development, stated that the portion of the Woodbridge Parkway is from FM 544 south to Hensley and which at some time will connect with Woodbridge Parkway, south of State Highway 78. The Broadstone Apartment development bought a portion of the land adjacent to the Wylie Independent School District, and will dedicate a portion of the right-of- way along the power easements and the school. The Parkway will be a four lane divided 30-foot on either side, and parallel with the transmission lines. Minutes January 2, 2007 Wylie Planning and Zoning Board Page 3 of 9 A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Finnell, to recommend approval to City Council for a Final Plat for Woodbridge Parkway dedication, generally located within the Woodbridge North Addition. Motion carried 7 — 0. 5. Consider and act upon approval of a Site Plan for Verizon Warehouse & Reporting Center at Wyndham Estates Ph 3, Lot 34, for a proposed 9,750 square foot office/warehouse building on 3.70 acres. Mr. Lee stated that the applicant is proposing to develop a single story office warehouse building on one lot. The lot is 3.70 acres in size, and the proposed building totals 9,750 square feet, which includes 4,948 square feet of office space and 4,561 square feet of warehouse use. The property is zoned Light Industrial District, and is a permitted use within this district. Chairman Larson questioned the chain-link fence along the perimeter side of Eubanks and the thoroughfare plans for Eubanks. Chairman Larson adjourned the meeting at 7:30, in order for Staff to obtain a Thoroughfare Map. Chairman Larson reconvened the meeting at 7:38. Mr. Buck Stout, 123 Marshall Creek Roanoke, Texas, represented the General Contractor, stated that the intent is to have a building aesthetically pleasing, and the positive to a chain link fence around the property would be a safety issue, being able to see through the fence. His personal opinion is to have either a chain link or wrought-iron fence, along with live landscaping to be a buffer. Chairman Larson stated that a Residential District adjacent to a major thoroughfare, it is required to construct a masonry screen wall with columns as a buffer. However, the property is zoned Light Industrial, and surrounded by Non- Residential, not sure if the requirement from the Zoning Ordinance is to have a masonry screen wall. Mr. Stout recommended that the Site Plan be approved as submitted, with a condition that all applicable codes be met for the screening along a perimeter thoroughfare, for the back portion of the property only. The desires of the applicant stated Mr. Stout, is to develop a beautiful building and blend in with surrounding existing Light Industrial properties, and possibly construct a chain link fence with green plastic that blends in with the chain link and the building. Commissioner Onufreiczuk expressed concern of traffic for the 80 employee vehicle and the 65 service vehicles. Mr. Stout stated that the facility will operate as a service center until all the infrastructure is built for the City of Wylie, and then the facility will become just a recording facility. The service vehicles will not be coming or leaving the facility at one time, the traffic will be periodic. Minutes January 2, 2007 Wylie Planning and Zoning Board Page 4 of 9 Chairman Larson encouraged Staff to research allowing a chain link fence in Light Industrial or if the requirement from the Zoning Ordinance is a masonry wall. A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Goss, to approve the Site Plan for a proposed 9.750 square foot office/warehouse development on 3.70 acres located on Lot 34 of the Wyndham Estates Phase 3 Addition, with stipulations that the perimeter fence meets all applicable codes. Motion carried 7 — 0. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Single Family — 20/26 (SF-20/26) for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-18. Ms. 011ie stated that the applicant is requesting to rezone 1.746 acres to allow for single family residential uses. The subject property has been within the corporate city limits of Wylie since 1988 and was platted in April 2006. The plat created two single-family residential lots each being 38,028 square feet (0.873 acres) in size. The property has a lot width of 106.78 feet and lot depth of 353.62 feet. The applicant is requesting to rezone the property to SF-20/26, which requires a lot width of 100 feet and depth of 150 feet. The proposed dwelling unit totals 3,131 square feet inclusive of garages and porches. The minimum dwelling size required by the SF-20/26 District is 2,600 square feet, exclusive of garages or porches. At the time of platting, no plans for development were submitted; however the applicant now desires to construct a residential dwelling on one lot and will possibly develop Lot 2 at a later date. The property is zoned as Agricultural, and now must convert to a permanent zoning prior to development. The Comprehensive Plan indicates low density, staff recommends approval based on the surrounding properties lot sizes along with the platted lot size, the SF 20/26 meets the intent of the Comprehensive Plan, and maintains conformity with the Zoning Ordinance. Chairman Larson opened the public hearing. With no one approaching the Commissioners, Chairman Larson closed the Public Hearing. Minutes January 2, 2007 Wylie Planning and Zoning Board Page 5 of 9 With no questions for the applicant or staff, a motion was made by Commissioner Bennett, and Commissioner Finnell, to recommend approval of the request change in zoning from Agriculture (A) to Single Family-20/26 (SF-20/26) for proposed single family residential uses, Zoning Case 2006-18. Motion carried 7 — O. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Neighborhood Services (NS) for 10.005 acres located on the southwest corner of Brown Street and Country Place Lane. ZC 2006-16 Mr. Lee stated that the subject property is located at the southwest corner of Brown Street and Country Place Lane and totals 10.0 acres. The property is approximately 688 feet in depth and has 633 feet of frontage along Brown Street, which is scheduled to be a four-lane divided thoroughfare (currently 2-land undivided). The property is currently being used for agricultural purposes and a small barn occupies the northern portion of the property. The property has several constrains and easements located on the property. A 30-foot sanitary sewer easement, bisecting the property, runs north and south and heads due east along the southern boundary, there is a 20-foot NTMWD easement parallels Brown Street on the northern boundary, and there is a 150-foot and 100-foot TPL easement traverse one-third of the tract along the southern portion of the property. Existing single-family residential uses are located to the north and west, and vacant land owned by Wylie Independent School District (WISD) is located south of the subject property. The WISD intends to construct either an intermediate school or a junior high school. The applicant is requesting a change in zoning to Neighborhood Services (NS) District to allow for speculative commercial development in conjunction with the property to the east, which is Zoning Case 2006-17 and is on the current agenda for consideration as well, and is a 10-acre tract. The Comprehensive Plan designates Low Density Residential for the area of this request. Low Density Residential is designed to accommodate residential lots in excess of 1 acre in size. Surrounding properties to the north and east consist of existing medium to low density residential uses. Staff recommends denial, based on the request is not consistent with the Comprehensive Plan Land Use Map and does not conform to the Comprehensive Plan's philosophy. Within the 200 feet notification area, thirteen comment forms were mailed, with one written response returned favoring the request, and five in opposition of the request. Staff received a total 24 responses in opposition of the request. Minutes January 2, 2007 Wylie Planning and Zoning Board Page 6 of 9 The Commissioners expressed and discussed the constraints of the property, which may not allow a single-family residential use. However, the request for a change of zoning to NS, and not knowing what type of Commercial use going in raised concerns for the Commissioners as well. The Commissioners questioned the purpose of why hurrying to develop the property before the schools are built along the area to the south and west. Mr. Jerry Sylo, Jones and Boyd, 17090 Dallas Parkway, Dallas, Texas, stated that he is representing DR Horton only for the subject property. He stated that Mr. Lee stated that there were two zoning requests to be considered by the Commissioners on the current agenda, however, Mr. Kreymer will be representing his property. His property is to the east of the subject property and is 10-acres in size as well. Both of the property owners met with staff several weeks ago and the recommendation was not to piece the requests but request them at the same time, but tag team the requests. Mr. Sylo reviewed the proposed schools that will be constructed in the future by WISD, which will be located off Brown Street. The property owner desires to construct commercial uses that are allowed in the least restrictive Non- Residential District, such as a dental, professional office, or a medical office. Even though the Comprehensive Plan recommends single-family low density, because of the projected development by the schools, and the characteristics of the property, will warrant the request for NS zoning. Mr. Sylo distributed uses allowed in a NS District from the current Zoning Ordinance. He recommended reviewing the uses with the Commissioners and deciding what use would be acceptable by the Commissioners. The Commissioners expressed desire for the applicant to come back with a Planned Development, which would allow restriction on commercial uses that are allowed by right within a NS District. Commissioner Bennett recommended a work session and expressed concern of the variable uses allowed. Chairman Larson opened the Public Hearing. Ms. Marjorie Bennett, 1945 E Brown Street, spoke in opposition of the request for change in zoning, due to the NS would take away country living atmosphere, and recommended an equestrian or a park. Ms. Toni Rowe, 1500 Kreymer Lane, spoke in opposition of the request, due to increase in traffic and close proximity to the retail on Highway 78. She stated that when DR Horton purchased the property, they knew the constraints and the possible development of widening of Brown and Kreymer. Mr. Troy Rowe, 2938 Jamestown Drive, spoke in opposition of the request, and questioned why the hurry of rushing to develop the property. Chairman Larson closed the Public Hearing. The Commissioners discussed the advantages of having the applicant to come in for a work session to review the uses allowed within NS District. Commissioner Gregg recommended that with the property having constraints, and since the Minutes January 2, 2007 Wylie Planning and Zoning Board Page 7 of 9 applicant owns the property south, dedicating the subject property as a focal entrance park when the property is developed. A motion was made by Commissioner Goss, and seconded by Commissioner Bennett, to recommend denial to the City Council regarding a change in zoning from Agricultural (A) to Neighborhood Services District, this Zoning Case 2006 — 16. Motion carried 6 — 1, with Commissioner Onufreiczuk opposing. 3. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Neighborhood Services (NS) for 10.005 acres located south of Brown Street and west of Country Place Lane. ZC 2006-17 Mr. Lee stated that the subject property is located south of Brown Street and approximately 720 feet east of Kreymer Lane. The property totals 10 acres. The property is approximately 680 feet in depth and has 630 feet of frontage along Brown Street, which is scheduled to be a four-lane divided thoroughfare (currently 2-lane undivided). The subject property is similar to the Zoning Case 2006-16, which is on the current agenda for consideration. The subject property has the same constraints as the Zoning Case 2006-16, with the drainage easement, TPL easement and the NTMWD easement. Staff recommends denial based on the request is not consistent with the Comprehensive Plan Land Use Map and does not conform to the Comprehensive Plan's philosophy. Eleven notification comment forms were mailed as required by law to property owners within 200 feet of the subject property; one written response received favoring the request, and five in opposition of the request. Staff received responses from property owners outside the 200 feet also, bringing a total of twenty-four in opposition of the request. Mr. Tim Kreymer, 8046 Blue Ridge, Texas, property owner of the subject property, requested that the Commissioners direct him on what type of use would be acceptable for his property. He stated that WISD owns the property to the south of his property, and owns a tract of land between his property and the Rowe's, which may be developed as an access easement for WISD. Chairman Larson opened the Public Hearing. Ms. Anna Kiewit, 1935 E Brown, spoke in opposition of the request, and recommended a nature center or Equestrian Center, or a park. Ms. Marjorie Bennett, 1945 E Brown, Wylie, spoke in opposition of the request, and recommended a small ranchette, one-acre single-family residential use. Minutes January 2, 2007 Wylie Planning and Zoning Board Page 8 of 9 Chairman Larson closed the Public Hearing. Commissioner Onufreiczuk expressed a desire for a work session, so that some direction could be discussed and agreed by the applicant and the Commission. Chairman Larson stated that either applicant from the subject property or Zoning Case 2006 16, could set a work session between the Commission and applicant. He also stated that the property owners surrounding the subject properties could attend, but will not an opportunity to speak. Mr. Kreymer submitted a withdrawal letter for Zoning Case 2006 17, and stated that he would be contact with staff to set a work session. A motion was made by Commissioner Ames, and seconded by Commissioner Onufreiczuk, to recommend to City Council the acceptance of Withdrawal for Zoning Case 2006 17, property located south of Brown Street and approximately 720 feet east of Kreymer Lane. Motion carried 7 — 0. ADJOURNMENT A motion was made by Commissioner Onufreiczuk and seconded by Commissioner Ames to adjourn the meeting at 8:56PM. Motion carried 7 — 0. Dennis Larson, Chairman ATTEST: Mary Bradley, Secretary Minutes January 2, 2007 Wylie Planning and Zoning Board Page 9 of 9 Wylie Planning and Zoning _Mt Commission CITY OF WYLIE AGENDA REPORT Public Hearing Meeting Date: January 16, 2007 Item Number: 1 Department: Planning Prepared By: Charles H. Lee Zoning Case Number: 2006-19 Date Prepared: 01/09/07 Location Map, Site Plan Notification List/Map and Exhibits: Responses Subject Hold a Public Hearing and consider a recommendation to the City Council regarding a request for a Special Use Permit(SUP)for a Telecommunications Tower to be located generally at the northeast corner of Stone Road and Akin Lane. ZC 2006-19 Recommendation Motion to recommend approval to the City Council on Zoning Case 2006-19 regarding issuance of an SUP for a Telecommunications Tower within SF-10/24 District located generally at the northeast corner of Stone Road and Akin Lane. Discussion Owner: First Christian Church of Wylie Applicant: T-Mobile, USA The applicant is proposing to construct an 80-foot tall church tower and incorporate telecommunication antennas and equipment within a 900 square foot lease space located southeast of the existing church building. The subject property is located on the northeast corner of Stone Road and Akin Lane and is zoned SF-10/24. Since the mid-1960, First Christian Church of Wylie has occupied the 3.3 acre tract. Properties north, south, east and west are currently zoned SF-10/24 and has been developed for single family residential uses. The City of Wylie's Zoning Ordinance require Special Use Permit review for telecommunication tower uses within the City for the purposes of evaluating its probable effect on adjacent properties and the community's welfare. The proposed tower is consistent and similar in appearance and character with accessory structure/towers normally associated with church campuses. As reflected on the site plan submitted, the antennas and equipment are stealth in design and the equipment area will be screened with exterior materials to match the existing church building. In addition, this request as presented complies with fifteen (15) of the sixteen (16) provisions of Article 5, Section G. 14, (e) Additional Provisions regulating telecommunication towers. Prior to the consideration of City Council on February 13, 2007, the applicant must certify to Staff that the antenna is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. The provisions that are met include maximum height, setback from residential Page 1 of 1 Page 2 of 2 districts, construction type and other visual impacts to assure that such use will be compatible and consistent with the character of the neighborhood. Notification/Responses: Notifications were mailed, only the Applicant/Owners property is within the 200' notification area. The legal description is the lease space only. Therefore, the 200' notification area included only the Applicant/Owner. Approved By Initial Date Department Director l T••Mobile 7660 WARREN PARKWAY FRISCO,'fA 75034 OFFIGE: 4843 I w3 ----I----I � �� T FAX(972 4643180 L k- u A _ 1 I J 1 _-/-- `� J - I PROJECT NOTOR809 I // I �xo rcw�rea+r a 'DRAWN BY, SEL sreun•rore, i I z2�,_,, �m��x,�w ICHECKEO BY. KWM j 4 r J \ -- - -- - J W-T DOIMPJIUNICATIDN CE.STONE RD. r.,a�, ,,, .. :S'='. a,. NMI DA15S55 IMM NMI 11 t CHROSTOAN ��I GaRSTH OF MINE mom I E= o0 0o 701 E.STONE RD. WYLIE,TX 76098 ■ 1 1 __ 1 COLLW COUNTY Ara SHEET TmE Imilim FM= ZONING SITE PLAN i- s�eT xwaEw OVERALL SITE PLAN ELEVATION VIEW �2� nEr 6 R 2,06 , Z 1 r ry;L.r ,f t .,i . s r 1 , ."--i. ' :1'.riO• BPI i•• I! .. 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T i [ `- • •I' _- - :!1l, 1�.r 1 i. i ;'' F '* �- — F / 11"1 it >Yi1 i I ] iS •• Y + : J of 1 ti rL �I` � I ' ' _yt nydLV J14t,.,.. • ►•' i ,`T r "rrL `` ��` ` }4 1 r � Y rfti 1 - .A ze tt • a • n A , ,. 0 11, i . ++ 1, 1 • S F SA ,, sl j 1R r,f:r R - 01 s:44...,..,-„ ,-,... ..,,,,,,,a, -, T- . . ,vio, P. ..1 i , .'ir'.:14.;.?;r;-:irj i i, : it:Ielli'''' iJ t.. __�.—. 1 1 t NOTIFICATION REPORT APPLICANT: Dave Kirk with T-Mobil USA APPLICATION FILE #2006-19 9221 LBJ Freeway Dallas, Texas 75243 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Dave Kirk 9221 LBJ Freeway 1 T-Mobil USA Dallas, Texas 75243 PO Box 458 2 Abst, 688-4 Tract 98 R-6688-004-0980-1 First Christian Church Wylie, Texas 75098 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 a co t 4-i-z-,- [tow 1 2 3 4 5 6 ,...1 . 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The Planning and Zoning Commission will hold a special work session following our regular meeting Tuesday, January 16, 2007 to consider appropriate zoning for two 10-acre tracts located at the southwest corner of Brown Street and Country Club Place. At the Tuesday, January 2, 2007 Planning & Zoning Commission meeting two public hearings were held for Zoning Case 2006-16 & Zoning Case 2006-17. In presenting its report to the Commission, staff summarized concerns about the request inconsistency with the City's Comprehensive Land Use Map & Philosophy, which designates this area for Low Density Residential. However, staff recognizes considerable constraints on the property and noted that it would be difficult to develop for single family residential uses. Staff cannot support the request as presented and recommended that the applicant provide a site plan accompanied with proposed uses on the property for further evaluation. Staff received significant responses from surrounding property owners (29 opposition letters for 2006-16 & 24 opposition letters for 2006-17). Several adjacent property owners spoke during the public hearing voicing their concerns about possible negative impacts to adjacent residential properties that included spillover from traffic, lights, noise, ect., associated with commercial uses. The applicant's presentation to the Commission pointed out the constraints on the property (water, sanitary sewer, overhead transmission line easements, topography and the creek). He stated that the constraints with make it difficult to develop and undesirable for single family uses. Some Commission members echoed those concerns, in particularly allowable uses with NS zoning districts and its potential impacts to surrounding residential neighborhoods. Although ZC 2006 16 was recommended DENAIL by the Commission, they have since submitted a withdrawal letter for City Council consideration. The applicant for ZC 2006 17 withdrew at the meeting on January 2, 2007. Mr. Tim Kreymer, owner/applicant of Zoning Case 2006-17 will be present at the January 16th meeting, it is not clear at this time if a representative for Zoning Case 2006-16 will attend. Please find the attached chart indicating those uses allowed for NS zoning district. Should the Commission direct staff to proceed with a zoning change to either property, public hearings will be required by the Commission and Council. NEIGHBORHOOD SERVICES (NS) Land Use Tables A. Agricultural & Animal Related 1. Animal Boarding/Kennel without Outside Pens S 2. Commercial Greenhouse or Nursery P* B. Residential & Lodging 1. Assisted Living Apartment S 2. Bed & Breakfast Inn S 3. Boarding or Rooming House P* 4. Multifamily Dwelling P* 5. Single Family Dwelling, Attached P* C. Institutional & Community Service 1. Church/House of Worship P 2. College or University S 3. Cultural Arts Facility P* 4. Day Care Facility P* 5. Group Home P 6. Library P 7. School (Public or Private) Elementary P* 8. School (Public or Private) Secondary P* D. Office 1. Financial Institution (with drive thru) S 2. Financial Institution (without drive thru) P 3. General Office P 4. Medical Clinic P* E. Recreational, Entertainment & Amusement 1. Commercial Amusement or Recreation (Inside) S 2. Community Park, Rec Center, or Public Golf Course P 3. Country Club or Private Golf Course S 4. Golf Driving Range S 5. Health Club P* 6. Neighborhood Park or Playground P NEIGHBORHOOD SERVICES (NS) Land Use Tables (page 2) F. Retail, Personal Service & Commercial 1. Animal Clinic or Hospital S 2. Automobile Rental S 3. Automobile Repair, Minor S 4. Car Wash S 5. Club or Lodge (Nonprofit) P 6. Dry Cleaning or Laundry, Drop-Off or Self Service P 7. Equipment Rental S 8. Food Processing S 9. General Merchandise or Food Store 5,000 sq. ft. or less P 10.General Merchandise or Food Store greater than 5,000 sq. ft. S 11. Household Equipment &Appliance Repair P 12.Motor Vehicle Fueling Station S 13. Personal Service Use P 14. Restaurant without Drive-In or Drive Thru Service P 15. Beer & Wine Package Sales P* G. Utility, Transportation & Public Service 1. Local Utilities P 2. Mounted Antenna P 3. Police or Fire Station P 4. Post Office P 5. Telecommunications Tower S 6. Telephone Exchange without Shops or Offices S 7. Transit Passenger Shelter P 8. Utility or Government Installation other than listed S J. Accessory Uses 1. Accessory Community Center (Private) P 2. Accessory Game Court (Private) P 3. Accessory Outside Display of Merchandise P* 4. Amateur Communication Tower P 5. Caretakers Quarters/Domestic or Security Unit P 6. Swimming Pool (Private) P