01-06-2004 (Planning & Zoning) Minutes MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
January 6, 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
Vice-Chairman Porter called the Regular Meeting to order at 7:07 p.m.
INVOCATION AND PLEDGE
Commissioner Seely offered the Invocation and Commissioner Phillips led the Pledge of
Allegiance.
CITIZEN PARTICIPATION
No one appeared to speak.
CONSENT AGENDA ITEM
1. Consider and act upon Consider and act upon approval of the Minutes from the
December 16, 2003 Regular Meeting.
A motion was made by Commissioner Phillips, and seconded by Commissioner Hughes,
to approve the minutes as submitted. Motion carried 6—0.
P & Z Commission Meeting
January 6, 2004
Page 2 of 6
PUBLIC HEARING
1. 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 (SUP) for an Amateur Communications Tower. Subject
property being located at 106 N. Carriage House Way, and being Lot 5, Block 15
of Westgate Phase 1 Addition, City of Wylie, Collin County, Texas. (Zoning
Case 2003-14)
Thompson stated that the request for a Special Use Permit (SUP) is to attach a tower to
his existing single-family residence for the operation of an amateur radio station. The
new tower/antenna will replace three connected monolithic poles with stationary wire
antenna currently attached to the residence and fence.
The Federal Communications Commission (FCC) ultimately controls the operation of
individual amateur radio communicators as well as the limits which local governments
such as Wylie may restrict such operations. Local regulations which involve the
placement, screening or height of antennas based on acceptable health, safety and
aesthetic considerations must also be crafted to reasonably accommodate amateur
communications, and to represent the minimum practicable regulation to accomplish the
local authority's legitimate goals and purpose.
The Ordinance limits such towers to one (1) per lot, the height of which may not exceed
seventy-five (75) feet. The Ordinance states that such towers may not be located within
any front, side or rear setbacks. Single antennas may not exceed 900 square feet. The
proposed tower will be located in the rear yard and attached to the roof overhang of the
house. The top of the tower and antenna (at 30 feet maximum) will be approximately 4
feet higher than the peak of the house roof(26 feet), so will be largely screened by the
roof from the front yard/street level. The tower will be an open truss construction with
legs/stanchions spaced 14 inches apart, which will provide through visibility and will
blend with the existing residence, and will be thirty(30) feet high.
Thompson stated that the FCC confirms the potential for the radio transmitting to
interfere with other air-wave communication receiving equipment within the immediate
area. One of the Public Comment forms returned opposing the request raised the
question of interference.
Roger Smith, 106 N. Carriage House Way, Wylie, Texas, the homeowner, stated that he
is a member of non-for-profit religious volunteer disaster relief group, and stated that the
radio is used primarily in times of such emergencies. Mr. Smith stated that the time of
transmitting will be mostly at the midnight hour and should not interfere with other air-
wave communications. The antenna will rotate to achieve directional transmission while
he is talking. A log book will be kept showing when communications is transmitted.
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January 6, 2004
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Vice-Chair Porter opened the public hearing. With no one wishing to speak, Vice-Chair
Porter closed the public hearing.
After substantial discussion regarding the height of the tower allowed and the height of
the tower requested, the consensus of the Commission was to recommend the height of
the tower not to exceed 35 feet in height. Mr. Smith stated that the 35 feet in height will
be sufficient for the type of antenna needed.
A motion was made by Commissioner Byboth, and seconded by Commissioner Seely, to
recommend approval of the Zoning Change 2003-14, with the stipulation that the radio
tower will not exceed 35 feet in height. Motion carried 6— 0.
ACTION AGENDA
1. Consider and act upon approval of a Site Plan for the Faith Lutheran Church,
being all of a certain 6.48 acre tract of land located at 615 Parker Road (F.M.
2514), City of Wylie, Collin County, Texas.
Thompson stated that the subject tract totals 6.48 acres, and the complex will be
constructed in several phases. The existing house will be converted to educational and
office uses, and the proposed Phase 1 building will total 5,720 square feet. The property
consists of two lots, which have never been platted, and a Final Plat combining the two
lots into a single official lot of record is also on the current agenda for the commission's
consideration.
Existing agricultural zoning abuts the subject tract both to the east and west and a major
electrical utility right-of-way lies to the south.
Sixteen parking spaces will be required for the temporary use of this existing structure
that will be provided before a Certificate of Occupancy will be issued. Additional
parking will be constructed along with the phases as they are constructed.
The front yard setback is required to be 50 feet within the existing Agriculture District
(AG/28) under which the church is being constructed. The Site Plan as submitted shows
the porte-cochere to be 40 feet from the front property line or an encroachment of 10 feet.
The applicant is aware of this issue and requested that the Commission consider approval
with the stipulation that revision of the site plan to meet the required 50 feet setback be
made before accompanying Final Plat is considered by the City Council on January 27,
2004.
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January 6, 2004
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Commissioner Phillips questioned the number of parking spaces and the total number of
parking spaces listed on the Site Plan. The Site Plan stated that in Phase 1 and Phase 3
will require parking spaces. Commissioner Phillips questioned what will be built in
Phase 2 that requires no parking.
Roger L. Stephens, Collier and Stephens Architect, 1361 St. Andrews Drive, Ovilla,
Texas, represented as the architect, stated that in Phase I, the required parking spaces
included seating for the sanctuary, and in Phase 3 the parking spaces is for the youth
gymnasium. In Phase 2 only classrooms and a new kitchen will be constructed, and no
parking spaces is required. The total parking spaces will be an accumulative number of
100 spaces. The notation on the Site Plan is incorrect and will notate 30 parking spaces
for Phase 1 and 70 parking spaces for Phase 3.
A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth,
to approve the Site Plan with stipulation that the setbacks changed from 40 feet to 50 feet
in the front and revising the notation on the Site Plan to 30 parking spaces for Phase 1
and 70 parking spaces for Phase 3 and with a notation stating Phase 2 is for multi-purpose
clarification and this will reflect the total growth of 400 seats, 100 parking spaces
required. Motion carried 6—0.
2. Consider a recommendation to the City Council regarding a Final Plat for the
Faith Lutheran Church Addition, being all of a certain 6.48 acre tract of land,
located at 615 Parker Road (F.M. 2514), as described in a deed to Faith Lutheran
Church of Plano, Texas, recorded in Volume 5440, Pages 954 and 958 of the
Deed Records of Collin County, Texas (DRCCT), and being situated in the W.D.
Penny Survey, Abstract No. 696, City of Wylie, Collin County, Texas.
Thompson stated that the Final Plat will create a single lot of 6.48 acres from two
existing unplatted lots. No additional Right-of-Way for Parker Road (F.M. 2514) will be
required with this plat.
Commissioner Phillips questioned why there is no Right-of-Way dedication. Thompson
stated that Parker Road is a State Road and the State Department has not confirmed the
development of expanding Parker Road.
A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth,
to recommend approval to the City Council for Final Plat of the Faith Lutheran Church
Addition. Motion carried 6—0.
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January 6, 2004
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3. Consider proposed revisions to the Comprehensive Map and possible
recommendations to the City Council.
Thompson stated that the subsequent adoption and administration of the new Zoning
Ordinance which is intended to implement the Plan have raised several issues of concern
with the Plan. The following concerns remain to be considered and finalized:
I. The Plan does not cover Wylie's entire corporate limits and extraterritorial
jurisdiction, especially to the east and north where reliable base maps have been
unavailable. Recent development pressures in this area require that this area be
incorporated into the Plan.
Commissioners discussed the previous mistakes made with the intention of cleaning up
an area only to realize that the area could not be served economically. A
recommendation to let the adjacent cities annex or monitor the lake frontage areas, due to
the utilities served from Royse City.
After substantial discussion the consensus of the Commission was the ETJ should be
limited to what utilities can be served comfortably, and generally limited to this side of
Lake Lavon and Lake Ray Hubbard. Recommend a Plan for the ETJ for the southeast
area, but also plan for the north and northeast area.
II. The Plan recommends three levels of residential densities, decreasing with the
distance from Village retail centers. The Zoning Ordinance established the lot
sizes of varying residential types, recommending most of the remaining
undeveloped lands as Suburban Residential (lots of 10,000 to 30,000 square
feet) and Country Residential (lots of one acre and larger).
Commission discussed the lack of the ability to abide by stricter architectural
requirements but increase areas for Single Family Residential 8.5 lots favoring with
smaller or medium lot.
After substantial discussion the consensus of the Commission was to revise the
Comprehensive Plan and Zoning Ordinance to reduce large-lot residential areas and
provide for smaller lots but bigger and better houses. Recommend that the regulations
have stricter architectural requirements and increase areas for 8.5 lots (keep lot sizes in
Zoning Ordinance as are,just favor smaller and medium lot). Allow for smaller areas of
1+ acre lots, and make these higher quality homes.
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January 6, 2004
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III. The Business Center category of the Plan and subsequent Zoning regulations
envisions limited commercial uses in larger campus-style developments.
After substantial discussion the consensus of the Commission was to do away with
Business Center District and convert these areas to Community Retail and Corridor
Commercial. Existing developments (even campuses like Extruders, Southern Fasteners)
don't really comply, and most of area is platted not to allow BC.
The City Council will discuss these outstanding issues on January 13, 2004, in
consideration of density limits for sizing of roads and sewers.
4. Hold elections for Chairperson and Vice Chairperson of the Commission.
Ballots were distributed to the Commissioners, in order for each Commissioner to cast
their ballot. Mary Bradley, Secretary, tallied each vote and reported the results. By
majority of the vote, Chris Seely as Chairman, and Carter Porter as Vice Chairman.
ADJOURNMENT
With no further discussion, a motion was made by Commissioner Hughes, and seconded
by Commissioner Byboth to adjourn the meeting at 9:35 p.m.
Chris S ely, Chairman M adley, Secre