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10-18-2005 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 October 18, 2005 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Scott Ames Claude Thompson, Planning Director Eric Alexander Mary Bradley, Secretary Red Byboth Jamie Gregg Joel Hemphill Dave Hennesey CALL TO ORDER Vice-Chairman Byboth called the meeting to order at 7:03 PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Hemphill gave the invocation and Commissioner Gregg 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 October 4, 2005 Regular Meeting. With no corrections or changes, a motion was made by Commissioner Gregg, and seconded by Commissioner Hemphill, to approve the minutes as submitted. Motion carried 5 —0, with Commissioner Alexander abstaining, and Chairman Larson absent. P & Z Commission Meeting October 18, 2005 Page 2 of 7 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Preliminary Plat for Woodbridge Phase 12, generally located northeast of Woodbridge Phase 9 at the intersection of Lost Highlands Lane and Highland Meadows Drive, and being more specifically described as a tract of land situated in the Richard Newman Survey, Abstract No. 660, in the City of Wylie, Collin County, Texas, being part of the 199.3963 acre tract of land described in deed to Woodbridge Properties, LLC, recorded in Collin County Clerk's File No. 97-0032076 Land Records of Collin County, Texas. Thompson stated that the Preliminary Plat will create 134 residential lots on 25.9 acres. The property is part of the larger mixed use Woodbridge Planned Development (PD 98- 15), which consists of Single-Family Residential of varying densities, Multifamily Residential, a Golf Course, Parks, Commercial, a School Site, and Common Open Spaces. The Planned Development is 921 acres in size with 409 acres and 1,650 single-family lots located within Sachse City Limits and 512 acres with approximately 980 single-family residential lots located within City of Wylie. The subject property will create lots of 5,500 square feet in compliance with the PD. This is the fourth residential phase which is entirely within the Wylie City limits, and is bordered by the landfill to the north. The subject development will comply with all of the applicable requirements set forth in the conditions of the PD 1998-15, and generally complies with the approved Concept Plan of the PD. With no questions for the applicant or for staff, a motion was made by Commissioner Hemphill, and seconded by Commissioner Ames, to recommend approval of the Preliminary Plat for Woodbridge Phase 12 to City Council. Motion carried 6 — 0. 2. Consider a recommendation to the City Council regarding a Final Plat for Wylie Lakes Phase 2, generally located at the southeast corner of Forrest Ross and Skyview Drive, and being more specifically described as a tract of land situated in the Francisco De La Pena Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas, and being a part of that 121.11 acre tract of land conveyed to D.R. Horton-Texas, Ltd., as recorded in Volume 5867, Page 4328, Collin County Deed Records. Thompson stated that the Final Plat will create 87 single-family residential lots as well as several open space lots dedicated to the Homeowner's Association. The property totals 24.778 acres in size. The property is part of the 121-acre Wylie Lakes Planned Development District (PD 2003-18), which is a mixed-use development including Single- family 1A/26 residential, Single-family 8.5/17 residential, Townhouse (TH) residential, Commercial/Retail and Parks and Open Space. P & Z Commission Meeting October 18, 2005 Page 3 of 7 The PD and Concept Plan were approved by City Council on August 26, 2003. Final Plats for Phases 1A and 1B were approved by the City Council on August 23, 2005 and the initial Preliminary Plat for Phase 1 was approved on November 11, 2003. These phases created detached residential lots as well as attached townhouse lots. Spencer Lane was platted by phase one, and will be extended north to Skyview to provide two points of access into the subdivision. A motion was made by Commissioner Hemphill, and seconded by Commissioner Hennesey, to recommend approval of the Final Plat for Wylie Lakes Phase 2 to the City Council. Motion carried 6—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 Planned Development (PD) District for commercial, retail and single-family residential uses of varied densities, generally located in the southeast corner of S.H. 544 and McCreary Road, and being more specifically described as part of a 111.848 acre of land called Tract 1, situated in the William Sachse Survey, Abstract No. 835, conveyed to Iona H. Ingram and being part of a 87.282 acre parcel of land called Tract 2, conveyed to Mary Allene Jones, from the partition of the Estate of Mollie Sachse, described in Partition Deed recorded in Volume 826 at Page 579 of the Deed Records of Collin County, Texas, and also being a part of a 111.848 acre tract conveyed to Mary Allene Jones by Executrix's Deed recorded in Volume 05102 at Page 04465 (County Clerk's File No. 2002-0020781) of the DRCCT. (Zoning Case No. 2005- 19). Thompson stated that the property is located south of FM 544 and west of Regency Business Park Addition. The property totals 186.56 acres and is divided into three (3) parcels by the rights-of-way and easements of major utility transmission uses. The tract B-1 in Parcel 1 is 61.746 acres in size, and is 1,000 feet deep, and the western parcel B-2 and B-3 all of which the concept plan proposes the zoning of Commercial Corridor or Business Center. The Planned Development proposes a Sports Complex in Tracts B-2 and B-3 including Indoor/Outdoor as well as overnight accommodations. It will generally conform to the standards of the CC and/or BC Districts with more specific conditions to be defined later by the Building Official or the Zoning Board of Adjustments. P & Z Commission Meeting October 18, 2005 Page 4 of 7 The request proposes Retirement Housing or Townhomes on Tract A-2, Parcel 2. The Retirement Housing will be restricted to 55 years of age and older, and will be developed in accordance with the development standards of Townhouse District (TH) and shall not exceed 45 units per acre or 245 units if developed as Townhouses. The development proposes parking at 1.1 spaces per dwelling unit. On Tract A-1 in Parcel 3, the PD proposes Single Family—Patio Homes not to exceed 115 units. The proposed conditions of the PD allow approximately 360 dwelling units at a density of 5.7 lots per acre. The request does not conform to the recommendations of the Comprehensive Plan in regards to residential densities. The PD provides for the extension of McCreary Road as a 4-lane divided roadway south of FM 544, as envisioned by the Thoroughfare Plan. Comment forms were mailed to twenty-eight (28) property owners, with six (6) written responses returned for this request. Three in opposition and three favoring. Don Herzog, Herzog Development Corporation, 9696 Skillman Street, Suite 210, Dallas, Texas, represented the applicant and presented a slide show and stated that the proposal requests 127.10 acres as Commercial use and/or Industrial use and 59.46 acres as Residential/Retirement. The Retirement Housing will not be developed as Section 8 or subsidized housing. In the event that the Retirement Housing development does not require the entire 30.3 acres, the remainder of the property will be developed under the Townhouse District. Herzog stated that to the west of the property McCreary Road will be extended south from FM 544 as a 4-lane divided roadway, but will require approval from City of Sachse and City of Murphy. A monument "Welcome to City of Wylie" is proposed, which will be worked out with the City of Wylie. A collector street is proposed on the east side of the property, which will align with Springwell Parkway on the north. This alignment will require cooperation from the adjacent property owners on the east. A traffic signal at the intersection of Springwell Parkway and FM 544 is being discussed with TX DOT. Commissioners discussed the codes in the PD varying from the current and proposed Zoning Ordinance for the residentiaUretirement. Commissioner Hemphill stated that the intent is not to cater to the market but to balance the community. Developers, home- sellers and retailers try to sell to the market. The need is to balance the community by recommending developing larger lots to the developers. The Commissioners expressed concerns for the residential tracts while supporting the non- residential tracts. There was additional discussion on the difference between the current Zoning Ordinance and proposed revised Zoning Ordinance, which will be considered at City Council on October 25, 2005, with the proposed PD conditions. P & Z Commission Meeting October 18, 2005 Page 5 of 7 Vice-Chairman Byboth opened the Public Hearing. Jim Byrne, 3104 Bryce Dr, spoke in opposition of the residential uses and recommended that the property be allocated for Commercial, Industrial, and upper-end Retail. Paul Maun, business owner at 114 Regency Dr, recommended switching tract A-1, and A- 2 with the Commercial B-2 and B3, and expressed concern for protection of existing business owners adjacent to the proposed Single-Family Patio Homes. Herzog stated that a thoroughfare will be developed between the existing businesses and proposed Single- Family residents with a 6 foot screen wall behind the residential lots. Jim Griffin, 301 W Kirby, spoke in opposition of the residential uses, and recommended the Retirement housing be located adjacent to the existing Woodbridge North. Vice-Chairman Byboth closed the Public Hearing. The Commissioners recommended a balance to the community by developing larger lots on the Patio Homes. Herzog offered to table the request until the next meeting. The Commissioners recommended tabling the item until the proposed revisions to the Zoning Ordinance are approved by City Council on October 25, 2005. Herzog agreed to table the request until December 6, 2005 meeting. A motion was made by Commissioner Alexander, and seconded by Commissioner Ames, to table the Zoning Case 2005-19 to the December 6, 2005 meeting. Motion carried 6 — 0. 2. 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 24 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. 2005-20). Thompson stated that the applicant is requesting a Specific Use Permit for an Amateur Communications Tower and Antenna. The Federal Communications Commission (FCC) ultimately controls the operation of individual amateur communications, as well as the limits which local governments such as Wylie may restrict such operations. The proposed tower will be located in the rear yard, largely screened by the house from view of the some-what lower front street-level. The top of the tower and antenna (at a maximum 24 feet) will be lower than the peak of the house roof(32 feet). The tower will be monopole with no supporting guy wires. The antenna will be two (2) — 16 gauge wires extending from the antenna mast to two 17 feet high poles located at the rear fence. P & Z Commission Meeting October 18, 2005 Page 6 of 7 The FCC confirms the potential for the radio transmitting to interfere with other air-wave communications receiving equipment being interfered and from equipment within the interfered-with home rather than sources outside. If caused by radio operations, the interference will occur only when the radio is operating and can be documented by the FCC-required log each operator must maintain. Radio transmissions do not interfere with cable-receiving equipment. Twenty-four notifications were mailed to surrounding property owners. Ten written responses were received, one in favor and nine in opposition of the request. This will require 6 members of Council to approve the request. Cantral Eargle 2933 Glendale Drive, applicant of the request, stated that the mast will be two inches and will not be visible from the street, with highly unlikely interference to surrounding equipment. Vice-Chairman Byboth opened the Public Hearing. Chad and Christy Tittle, 2935 Glendale, spoke in opposition of the request and stated that the applicant is not the property owner, and the request for a tower and two masts is not eye-appealing. Vice-Chairman Byboth closed the Public Hearing. Commissioners expressed concerns of property owner not present to answer questions. A motion was made by Commissioner Alexander to deny the Zoning Case 2005-20, due to property owner not present, and the concern for the aesthetics. Motion dies due to lack of second. A motion was made by Commissioner Ames, and seconded by Commissioner Hennesey, to recommend approval to the City Council for Zoning Case 2005-20. Motion carried 4 — 2, with Commissioners Alexander and Hemphill in opposition. P & Z Commission Meeting October 18, 2005 Page 7 of 7 ADJOURNMENT A motion was made by Commissioner Alexander, and seconded by Commissioner Hemphill, to adjourn the meeting at 9:30 PM. Motion passed 6—0. 7 8,0,„kut Red Byboth, \Ace-Chairman Ma B d1ey, Secret