04-20-2004 (Planning & Zoning) Minutes MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
April 20, 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 Terry Capehart, Planner
Mike Phillips Mary Bradley, Secretary
Carter Porter
Chris Seely
Kathy Spillyards
Commission Members Absent:
William Chapman
CALL TO ORDER
Chairman Seely called the Regular Meeting to order at 7:00 pm.
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 April 6, 2004 Regular Meeting.
A motion was made by Commissioner Hughes, and seconded by Commissioner Porter, to
approve the minutes as submitted. Motion carried 6—0.
P&Z Commission Meeting
April 20, 2004
Page 2 of 4
PUBLIC HEARING
1. Hold a Public Hearing and consider a recommendation to the City Council regarding a
change in zoning from Agriculture (A), Single-Family Residential (SF 8.5/17), and
Neighborhood Services Retail (NS) Districts to Industrial (I) for the North Texas
Municipal Water District utility operations, subject property being multiple tracts
acquired by the NTMWD since 1951 totaling approximately 420 acres generally located
north of State Highway 78 and south of Skyview Drive (C.R. 384), between Paul Wilson
Road and Eubanks/Forrest Ross Road (C.R. 389), situated in the Francisco De La Pina
Survey, Abstract No. 688 and the James Truett Survey, Abstract No. 920, City of Wylie,
Collin County, Texas. (Zoning Case 2004-05)
Thompson stated that the North Texas Municipal Water District (NTMWD) is a special-purpose
district established by the State legislature in 1951. The NTMWD serves a population of nearly
one million people with fresh water, waste-water treatment and solid waste disposal.
The District plans to expand the water treatment capacity by construction of a fourth plant on the
campus of its original facility in Wylie. The new plant is to be constructed on the northeast side
of the NTMWD property, adjacent to the existing treatment complex.
The NTMWD campus in Wylie totals approximately 420 acres, which is currently zoned in
various land use classifications. Water treatment facilities were allowed by right in most
nonresidential districts prior to the adoption of the new Zoning ordinance and City-wide Map in
November of 2001, but are currently permitted only in the Industrial (I)District.
The intent is not to expand the property but to classify all NTMWD properties within Wylie as
Industrial (I), thereby allowing the planned additional treatment facilities as well as remove the
nonconforming status of existing facilities. The request includes rezoning three (3) tracts
totaling 28.73 acres from Neighborhood Services to Industrial. An additional 153.97 acres in
three tracts are to be rezoned from Single Family residential 8.5/17 to Industrial, including 55.47
acres which will accommodate most of the new construction, and 13.71 acres which will
accommodate some of the new construction. Three tracts will also be rezoned from Agriculture
(A)to Industrial.
The anticipated construction is currently illegal on properties zoned other than Industrial, and the
requested rezoning will conform all NTMWD properties to the appropriate zoning. The new
treatment facilities are to be located to the northeast of the NTMWD campus which has
previously not been actively developed. Screening is required when such Industrial uses are
located adjacent to residential zoning/uses.
Chairman Seely opened the Public Hearing at 7:15PM.
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April 20, 2004
Page 3 of 4
Matt O'Donald, 410 E Brown Street, property owner adjacent to the subject property, questioned
if the current building on Brown and State Highway 78 will be expanded, and trees will be
destroyed. Thompson stated that the applicant does not intend on expanding the current building
and there is no intention to removing any trees that are located off Brown Street.
Chairman Seely closed the Public Hearing at 7:17PM
With no questions for the applicant and no further discussion, a motion was made by
Commissioner Phillips, and seconded by Commissioner Hughes, to recommend approval to the
City Council for a change in zoning from Agriculture (A), Single-Family Residential (SF
8.5/17), and Neighborhood Services Retail (NS) Districts to Industrial (I) for the North Texas
Municipal Water District (ZC 2004-05). Motion carried 6—0.
ACTION AGENDA
1. Review Landscape Ordinance in relation to sidewalk protection and consider making
recommendations to the City Council regarding proposed revisions.
Thompson stated that the City Council has requested that the Planning and Zoning Commission
review the landscape regulations of the Zoning Ordinance, in order to identify and address any
negative consequences which landscaping may have on sidewalk construction and maintenance.
Other committees are reviewing regulations within their charge to evaluate similar impacts and
recommendations.
Older sidewalks throughout Wylie, especially in residential areas, have become unleveled and
hazardous and the subject of complaints. In 2003, the City passed the Sidewalk Repair and
Maintenance Ordinance which makes abutting property owners clearly responsible for
replacement of sidewalks adjoining their property, and inventoried walks throughout the city to
identify those most in need of repair/replacement. When the City replaced certain sidewalks and
charged the adjoining property owners under this new law, several citizens asked the Council to
investigate alternative methods of financing sidewalk repairs and to revise codes to eliminate the
major causes of sidewalk failures(primarily settlement of improperly compacted utility lines and
lifting by tree roots). A moratorium has been placed against enactment of the charges to
property owners until additional research is undertaken.
After much discussion, a motion was made by Commissioner Phillips, and seconded by
Commissioner Porter, that the landscape requirements and Zoning Ordinance is sufficient as
written. Any revision would not address the previous problems, which now have been addressed
by newer regulations not only in landscaping and zoning but in construction. The motion carried
4—2, with Commissioner Hughes and Commissioner Byboth voting in opposition.
P &Z Commission Meeting
April 20, 2004
Page 4 of 4
2. Review the concentration of amateur radio towers/antennas in Wylie and consider
making recommendations to the City Council regarding revisions to the Zoning
Ordinance in relation to proliferation of such towers.
Thompson stated that the City Council has requested that the Planning and Zoning Commission
review the concentration of amateur radio operators in Wylie, in order to identify and address
any negative consequences which may occur as the result of the proliferation of radio towers in
residential districts. The current Zoning Ordinance allows amateur radio towers in residential
districts only with an approved Special Use Permit (SUP). Two SUP's for such towers were
recently approved thus raising the question of the possible proliferation of towers.
Staff conducted research to determine the number and location of licensed Ham (amateur) radio
operators in the city limits of Wylie and the 75098 zip code area. There are a total of 95 Ham
operators in the 75098 zip code area, and 47 households within the Wylie city limits that have
one or more licensed operators (or approximately 0.06% of the total households). Most radio
antennas are lower than the allowed 75 feet and cannot be easily differentiated from TV
antennas, which are not controlled by City Code.
An article regarding the Missouri Antenna Bill was distributed and discussed.
After much discussion of the height allowed and the aesthetic of a tower, a motion was made by
Commissioner Phillips, and seconded by Commissioner Porter, to recommend to the City
Council amending the Zoning Ordinance by removing the required Special Use Permit for
amateur radio towers in residential districts and specifying a height requirement for a tower
lower than that of 70 feet. Motion carried 5 — 1, with Commissioner Spillyards voting in
opposition.
MISCELLANEOUS
1. Discussion of a joint work session with City Council on May 25, 2004.
2. Discussion of an article from Dallas News regarding Plano growing and leaving out parks
and greenery.
3. A recommendation to review the Zoning Ordinance for tree preservation in a new
development.
ADJOURNMENT
With no further discussion, a motion was made by Commissioner Hughes, and seconded by
Commissioner Byboth, to adjourn the meeting at 8:20 p.m.
( L3AQ A
Chris ely, Chairman Maryt Brady, Secretary