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08-16-2005 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 August 16, 2005 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Eric Alexander Claude Thompson, Planning Director Joel Hemphill Renae' 011ie, Assistant City Planner Dave Hennesey Dennis Larson CALL TO ORDER Chairman Larson called the meeting to order at 7:02 PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Hennesey gave the invocation and Commissioner Hemphill led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak to the Commissioners. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the August 2, 2005 Regular Meeting. With no corrections or deletions, a motion was made by Commissioner Hemphill, and seconded by Commissioner Alexander, to approve the minutes as submitted. Motion carried 4—0, with Commissioners Ames, Byboth and Gregg absent. P & Z Commission Meeting August 16, 2005 Page 2 of 7 ACTION AGENDA 1. Consider and act upon approval of a Site Plan for Wylie Independent School District, Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane, and being more specifically described a tract of land situated in the L.K. Pegues Survey, Abstract No. 703, Collin County, Texas, and also being a 20.9943 acre tract and a 40.307 acre tract as conveyed to the Woodbridge North I, Ltd. As recorded in Volume 5580, Page 311 of the Deed Records of Collin County, Texas. Thompson stated that the property is located in the northeast corner of Hooper Road and Hensley Lane. The subject property is part of PD 2003-01 Woodbridge North. The site plan consists of two lots, created by the realignment of Hensley Lane to the north. Hensley will continue to the east and connect to Sanden Boulevard and to the west to connect to Country Club. Commissioner Hemphill questioned if the relocation of Hensley Lane was on the subject property. Thompson confirmed that a portion of it is, and the City Engineer, WISD and neighboring land owners are negotiating it's alignment beyond the subject site. The school must provide two points of access to the site and must provide the roadway from F.M. 544 through their entire site, as the existing Hensley Lane is not a sufficient route for school traffic. Staff and the Commission discussed extensively the extension of Hooper/Country Club as it goes through to Sachse and how and if it will connect across the railroad corridor to Hwy 78. Thompson stated that although no alignment of these regional routes has yet been finalized, the subject property must be provided adequate access prior to opening. Ronny Klingbeil, engineer consultant for WISD, responded that WISD would either construct the off-site Hensley connectors or escrow funds for such as part of the school construction. The City Engineer will require roadway issues to be resolved prior to obtaining building permits. A motion was made by Commissioner Hennesey, and seconded by Commissioner Alexander, to recommend approval for WISD Jr. High School #3 Site Plan. Motion carried 3 — 1 with Commissioner Hemphill voting in opposition. 2. Consider a recommendation to the City Council regarding a Preliminary Plat for Wylie Independent School District, Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane, and being more specifically described as a tract of land situated in the L.K. Pegues Survey, Abstract No. 703, Collin County, Texas, and also being a 20.9943 acre tract and a 40.307 acre tract as conveyed to the Woodbridge North I, Ltd. As recorded in Volume 5580, Page 311 of the Deed Records of Collin County, Texas. P &Z Commission Meeting August 16, 2005 Page 3 of 7 Thompson stated that the Preliminary Plat as listed on the agenda is actually a Final Plat. The previously-approved site plan serves as a land study, which is the function of a preliminary plat. Correction of the title was noted as such. The Final Plat under consideration is located in the northeast corner of Hooper Road and Hensley Lane. The plat creates two lots totaling 41.155 acres. The plat dedicates a sixty (60) feet right-of-way along the northern portion of the property that will connect to Hooper Road. A motion was made by Commissioner Hennesey, and seconded by Commissioner Alexander, to recommend to City Council approval for the WISD Jr. High School #3 Final Plat to the City Council. Motion carried 3 — 1 with Commissioner Hemphill opposing. 3. Consider a recommendation to the City Council regarding a Final Plat for Collins Estates, generally located south of Stone Road and Stoneridge Farms Addition, west of old FM 544, and being more specially described as a tract of land situated in the A. Atterbury Survey, Abstract No. 23 in the City of Wylie, Collin County, Texas, and being all of a said called 34.036 acre tract conveyed to William D. Oates, David Oats, Jerry C. Cobb and Gary L. Roddy by deed recorded in Volume 2359, Page 296, Deed Records, Collin County, Texas, and being a part of Lot 9, Block"A", Amended Stoneridge Farms, Phase I, as recorded in Cabinet K, Slide 173, Map Records, Collin County, Texas. Thompson stated that the property is located south of Stone Road and Stoneridge Farms addition, west of Old F.M. 544. The Planned Development District was approved by Council in March 2005, to provide for large house size but otherwise complying with straight SF-20 regulations of the Zoning Ordinance. The subject property will create 60 single family residential lots on 37.842 acres. Thompson spoke on the 15 ft. wide strip dedicated to the City was added by Council to connect the development as well as Bozman to the park. Commissioner Hemphill question who will maintain the 15 ft. strip. Thompson confirmed that the City would be responsible for mowing and maintaining the area, and may construct a soft surface trail within it but cannot provide other improvements because the area is a gas transmission line. The dedication of the strip removes that portion from the tax rolls. It was stated that no fences were allowed in the gas easement. Commissioners questioned the single point of access, and Thompson responded that the wider street at the entry (usually with a median divider) will serve as a second point of access because the land on all sides of the property are already developed. Chris Seely, represented the applicant stated that there would be a median at the entry of the subdivision. This median would be Lot "X" and maintained by the HOA. This correction would be added to the plat prior to going to City Council. Seely stated that the landscape buffer along 544 will be private lots as easement rather than HOA. P &Z Commission Meeting August 16, 2005 Page 4 of 7 A motion was made by Commissioner Hemphill, and seconded by Commissioner Alexander, to recommend to City Council approval for the Collins Estate Final Plat to the City Council. Motion carried 4 - 0. 4. Consider and act upon approval of a Site Plan for Pinehurst Addition, generally located at the southwest corner of Cotton Belt and Fleming Drives, and being all of Lots 3A, 4, 5 and 6, Block 12 of Keller's Second Addition, according to the Map thereof recorded in Volume 1, Page 111, Map Records, Collin County, Texas, also known as Lots 1, 2, 3, 4A, 4B and 4C, Block 11, of Keller's Second Addition, according to the Map therefore recorded in Volume 35, Page 241, Map Records, Collin County, Texas, same being conveyed to R. Richard Parker by deed recorded in Volume 05839, Page 00125, Deed Records, Collin County, Texas and being all of a 12 foot pending alley abandonment to be recorded in Deed Records, Collin County, Texas. Thompson stated that the property is located at the southwest corner of Cotton Belt and Fleming Drives. The site plan is for the development of twenty-one (21) multi-family dwelling units on one lot. The subject property was rezoned from Single-Family to Multi- Family in December 2004. The applicant has provided design tabulations and site data as to how the development will meet the required design standards. The city has abandoned the 12 ft. alley located to the west of the property. Negotiations are underway for the inclusion of this alley as part of this development. If the alley is acquired, the total number of units will increase to twenty-one as opposed to twenty as shown on the site plan. A motion was made by Commissioner Hemphill, and seconded by Commissioner Hennesey, to recommend approval for the Pinehurst Addition Site Plan. Motion carried 4 - 0. 5. Consider a recommendation to the City Council regarding a Final Plat for Pinehurst Addition, generally located at the southwest corner of Cotton Belt and Fleming Drives, and being all of Lots 3A, 4, 5 and 6, Block 12 of Keller's Second Addition, according to the Map thereof recorded in Volume 1, Page 111, Map Records, Collin County, Texas, also known as Lots 1, 2, 3, 4A, 4B and 4C, Block 11, of Keller's Second Addition, according to the Map therefore recorded in Volume 35, Page 241, Map Records, Collin County, Texas, same being conveyed to R. Richard Parker by deed recorded in Volume 05839, Page 00125, Deed Records, Collin County, Texas and being all of a 12 foot pending alley abandonment to be recorded in Deed Records, Collin County, Texas. Thompson stated that the subject plat creates a single lot of 1.4626 acres, located at the southwest corner of Cotton Belt and Fleming Drives. The original plat was six (6) separate single-family lots, but was rezoned from Single-Family Residential to Multi-Family in December 2004. P & Z Commission Meeting August 16, 2005 Page 5 of 7 Multi-family residences, apartments in four-plex configuration, were originally constructed across these lots. The deteriorated apartments have been removed by the applicant/new owner. The city has abandoned the 12 ft. alley located along the west of the property. Negotiations are underway for the inclusion of this alley as part of this development. If the alley is acquired the total number of units would twenty-one as opposed to twenty as shown on the site plan. The units will be extended to include an additional two feet in length and would become narrower in width which would allow for the addition of a one unit for a total of twenty-one dwelling units. A motion was made by Commissioner Alexander, and seconded by Commissioner Hennesey, to recommend to City Council approval for the Pinehurst Addition Final Plat. Motion carried 4 - 0. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family SF-10/19 (SF-10/19) to a Specific Use Permit (SUP) to allow a 40 feet antenna tower for amateur radio use. Subject property being located at 2933 Glendale Drive, being Lot 54, Block A in the Cimarron Estates Phase 2 Addition. (Zoning Case No. 2005-16). Thompson stated that the subject property is located at 2933 Glendale Drive, platted as Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. Twenty-four notifications were mailed out and nine written responses were returned, eight opposing the request and one favoring the request, and this will require a 3/4 affirmative vote of Council to approve. The FCC ultimately controls the operation of individual amateur communications. Thompson explained that the City often uses radio operators during emergency situations. The SUP specifically evaluates the effects of certain uses on surrounding properties, and allows special conditions to be set which insure compatibility. Thompson discussed the regulations as outlined in the Zoning Ordinance. This SUP is assigned to the owner, NOT the land. This is not a zoning change, but an overlay of special requirements beyond the standard zoning. The tower would extend thirteen feet above the house, and will at its maximum height of 40 feet, would not be visible from the street front. If the applicant leaves/vacates the property, the tower must be removed and no longer allowed to operate. The ordinance does not address the time of operation allowed. The applicant, Cantrell Eargle spoke on the maintenance and operation of the proposed tower. It lowers and tilts for easy service. Mr. Eargle stated that 100% of the time of use would be between 8:00 pm until roughly 1:00 am. Radio to be used will be 100 watts and should not interfere with surrounding area receivers. P &Z Commission Meeting August 16, 2005 Page 6 of 7 Chairman Larson opened the Public Hearing. Chad Tittle, 2935 Glendale spoke against the request stating that the aesthetics of the tower it self would be an eyesore. He did not want his property value to decrease. Questioned if there was any other option available opposed to the 40 ft. tower. Mason Sarles, 1518 Windward Ln., spoke in favor of the tower. Mr. Sarles stated that he was granted an SUP over a year ago to construct a tower. He has had no problem or complaint regarding interference with surrounding property owners. He currently has a 1500 watt transmitter and a tower of 45 feet.. With no others coming forward to speak, Commissioner Larson closed the public hearing. A motion was made by Commissioner Hennesey, and seconded by Commissioner Alexander, to recommend to City Council approval for the Zoning Case 2005-16. Motion carried 3 — 1 with Commissioner Hemphill opposing. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Planned Development (PD-99-31) to Planned Development (PD- 99-31) with revisions to allow that the maximum allowable height for fences be eight (8) feet. Subject property generally located west of FM 1378 (Country Club) and south of FM 2514 (Parker Road), also being north of the Country Ridge Estates Addition, and being a 136.339 acre tract of land situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas and being a portion of a 157.53 acre tract of land according to the deed recorded in Volume 254, Page 563 of the Deed Records of Collin County, Texas. (Zoning Case No. 2005-17). Thompson stated that the Riverchase subdivision is located west of FM 1378 (Country Club) and south of FM 2514 (Parker Road). This request will amend PD 99-31 to allow eight feet high fences throughout the Riverchase Subdivision. The City Code of Ordinance allows a maximum height of 8 ft. for fences, and the Riverchase CCR's do not include the 6' high maximum stipulation of the PD. Several fences have been constructed higher than 6 ft., although such is not common. Two Hundred Ninety-Three (293) notifications were mailed to every property owner within the PD area. Seven written responses were returned favoring the request and one written response opposing the request. Jerry Sylo, representing DR Horton, requested approval of the change, as supported by the builder and HOA. P & Z Commission Meeting August 16, 2005 Page 7 of 7 With no one else coming forth to speak, Commissioner Larson opened and closed the Public Hearing. A motion was made by Commissioner Hemphill, and seconded by Commissioner Hennesey, to recommend to City Council approval for the Zoning Case 2005-17. Motion carried 4 - 0. WORK SESSION 1. Discuss potential revisions to the Zoning Ordinance to conform to recent changes in the Comprehensive Plan. Thompson stated that discussion of the zoning ordinance would continue at the next meeting. Thompson discussed with the Commissioners recent statistics for Collin County such as foreclosures and median home values. Commissioners were encouraged to attend the City Council's work session on the bond program which is underway at the Community Center. ADJOURNMENT A motion was made by Commissioner Hemphill, and seconded by Commissioner Alexander, to adjourn the meeting at 8:50 PM. /`��� Dennis Larson, Chairman Renae 011ie, Assistant Planner