07-20-2004 (Planning & Zoning) Agenda Packet Planning & Zoning
Commission
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City of Wylie
July 20, 2004
Regular Business Meeting
AGENDA
PLANNING AND ZONING COMMISSION
CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North Wylie, Texas 75098
Tuesday, July 20, 2004
7:00 p.m.
CALL TO ORDER
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes from the July 6, 2004 Regular Meeting.
ACTION AGENDA
1. Consider a recommendation to the City Council regarding a Final Plat for the Creek
Hollow Addition, Phase 2, being all of a certain 22.041 acre tract of land, generally
located west of Westgate Way and north of F.M. 544, said tract of land being a portion of
the larger tract comprised of two parcels as described in deeds to Creek Hollow-Wylie Lot
Option, L.P., recorded in Volume 5474, Pages 8959 and 8967 of the Deed Records of
Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract
No. 266, City of Wylie, Collin County, Texas.
MISCELLANEOUS
1. Tour recent developments within the City and ETJ.
(Citizens wishing to accompany the Commission on the tour should contact Mary Bradly
at 972-442-8158 no later than 5:00 PM on Tuesday, July 20 in order to assure adequate
accommodations on the tour vehicle)
ADJOURNMENT
F
SEAL
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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 442-8100 OR TDD AT 442-8170.
MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North
Wylie, Texas 75098
July 6, 2004
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
Dave Hennesey Maly V. Bradley, Secretary
Don Hughes Carole Ehrlich, City Secretary
Dennis Larson
Mike Phillips
Chris Seely
Commission Members Absent:
Kathy Spillyards
SPECIAL CEREMONY
TO SWEAR-IN AND SEAT THE NEW COMMISSIONERS BY THE CITY SECRETARY
City Secretary Carole Ehrlich administered the oath of office to new Commissioners Dave Hennesey and Dennis
Larson and reappointed Commissioners Don Hughes, Mike Phillips, Chris Seely.
CALL TO ORDER
Chairman Seely called the meeting to order at 7:04PM.
INVOCATION & PLEDGE OF ALLEGIANCE
Chairman Seely gave the invocation and Commissioner Byboth led the pledge of allegiance.
CITIZEN PARTICIPATION
No one appeared to speak before the Commission.
CONSENT AGENDA
1. Consider and act upon approval of the Minutes from the June 15, 2004 Regular Meeting.
A motion was made by Commissioner Phillips, and seconded by Commissioner Byboth, to approve the minutes
as submitted. Motion carried 6—0.
P &Z Commission Meeting
July 6, 2004
Page 2 of 5
PUBLIC HEARINGS
1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning
from Community Retail (CR) to Community Retail (CR) with Special Use Permit (SUP) for a
Telecommunications Tower, subject property being generally located in the southwest corner of F.M.
544 and S.H. 78, and being a 0.014 acre portion of land out of a larger called 3.953 acre tract described
in a deed to Greenway-78, L.P. as recorded in Volume 4886, Page 4459, of the Collin County Deed
Records, City of Wylie, Collin County, Texas. (Zoning Case 2004-12).
Thompson stated that in March of 2004, T-Mobile applied for a Specific Use Permit (SUP) to install a
telecommunications tower, antenna and equipment at 117 Cooper Drive, generally to the rear of the new
Walgreens. Because this earlier requested site is within Wylie's planned new central business district, the
Planning and Zoning Commission recommended denial and City Council tabled the request encouraging the
applicant to investigate alternative locations for the tower. The current zoning request is a response to that
request to look at other sites, and only one of the sites will be approved for an SUP.
The proposed tower is part of a larger parent tract of approximately 3.95 acres. The subject property is owned
by the same development group which created the Albertsons and Home Depot facilities, and is currently zoned
Community Retail (CR) District. Telecommunications Microwave Towers are allowed within the CR District
only with an approved Special Use Permit (SUP). The property has never been developed and has never been
platted into an official lot of record.
The tower and requested SUP will occupy a leased area of 617 square feet (0.014 acre) to the extreme rear or
south of the parent lot, as well as 12 foot access easement along the west property line to F.M. 544. There are
currently no plans for future development of the remainder of the property. Contrary to notes on the plans
submitted by the applicant, the floodplain has been removed, and the property has the potential of supporting a
variety of commercial uses. The tower site abuts the KCS/DART railroad corridor and State Highway 78. A
major drainage channel and relocated rail tracts bound the subject property on the south and separate it from
S.H. 78. The north side of S.H. 78 cannot be developed in this area.
The facility will comply fully with all regulations of the Zoning Ordinance. The tower will be a tapered
monolithic pole with no supporting guy wires, and stand a maximum of 120 feet high. All antennas will be
enclosed within the pole, rather than attached to the outside as are most existing antennas within Wylie.
Electrical and telecommunications equipment will be located within metal cabinets on a raised steel platform, and
both the cabinets and tower will be enclosed within a masonry wall (contrary to the wire mesh and barber wire
noted on the plans). A concrete drive and parking within an easement will provide access between the facility
and F.M. 544.
Commissioner Hughes questioned if the trees would be removed which are located on the west of the subject
property. Thompson stated that the trees on the west side will not be impacted by the development of the tower.
Chairman Seely questioned the screening. Thompson stated that screening will be an 8-feet high masonry wall.
P &Z Commission Meeting
July 6, 2004
Page 3 of 5
Chairman Seely opened up the Public Hearing.
John Rooney, 2618 Woods Lane, Garland, Texas, represented the applicant T-Mobile, distributed and discussed
several exhibits. A map illustrated the locations of the two proposed towers and property owners with whom the
applicant has discussed available of a lease for the tower, and Rooney reported that all owners had either
declined or been available for response. Other maps revealed the gap in coverage around the proposed sites of
the proposed telecommunication tower; with one showing the gap in coverage without the new tower and the
other showing complete coverage with a tower.
The Telecommunications Act of the Federal Government reserves to municipality the right to exercise zoning
authority over these types of cases but with certain restrictions. Local regulations cannot unreasonably
discriminate against providers, and the Fifth Circuit Court has recently ruled that generalized concerns over
property values and aesthetics do not constitute sufficient evidence for denying towers as long as reasonable
construction requirements were met.
Commissioner Byboth complimented the applicant for pursuing other sites and offering a compromise to the
location presented in March. Commissioner Hughes expressed support for the current site, comparing it to other
tower sites recently approved by the Commission.
Commissioner Phillips questioned the height of the tower and enclosure as noted on the plans. Rooney stated
that no part of the tower or attached antennas will exceed 120 feet. The screening will be 8-foot cinder block
masonry wall, and will conform to the requirements set forth by the City.
Chairman Seely questioned the ability for other providers to co-locate antennas on the tower with the T-Mobile
antennas being enclosed. Mr. Rooney stated that most carriers have similar technology and will be able to co-
locate, however Nextel and some few other providers could not currently use the proposed tower.
With no one else wishing to speak on the application, Chairman Seely closed the Public Hearing.
A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to recommend approval
with the following stipulations: the tower be 120 feet maximum, the screening be an 8-feet high split-faced
concrete masonry unit wall, and all antennas be enclosed. Motion carried 6—0.
Chairman Seely adjourned the meeting at 7:54PM. The meeting was reconvened at 8:00PM.
WORK SESSION
Thompson reminded Commissioners of the orientation with City Attorney on Open Records/Open Meetings
Laws, to held in the Council Chambers on Thursday, July 8, 2004, at 6 PM.
Thompson encouraged Commissioners to attend the Small Town Planning Workshop, on Saturday, July 17,
2004, from 8 AM to 3 PM at the McKinney City Hall. Commissioners Seely, Hennesey and Larson expressed
interest in attending.
P &Z Commission Meeting
July 6, 2004
Page 4 of 5
Thompson led a discussion of the philosophy and potential revisions to the Comprehensive Land Use Plan. He
first reviewed D Magazine's ranking of the top 53 suburbs, especially criteria which relates to land use. Wylie is
ranked 29th over, but is the 6th fastest growing, has the 2nd youngest population. We have the 4th lowest
population density, and 6th highest proportion of park land to population. We have the 5th lowest average house
value, but the 5th highest house annual rate of appreciation. Only 60% of the houses are owner-occupied, the 6th
lowest proportion. The poor results of the WISD were largely responsible for the overall lower rating. He
concluded that this rating was fairly good overall, and that Wylie would rate higher with different criteria.
He also discussed several articles previously shared with the Commission. The diagram of the classic
neighborhood planning concept is much like that on which Wylie's Comprehensive Plan is based. The Urban
Land Institute's article on New Urbanism promotes several criteria of Wylie's Plan and Zoning, including
pedestrian-scale neighborhoods, distribution of land uses and layout of streets/parking which discourage the use
of the automobile and restore a sense of community, and encourage a variety of dwelling types. Wylie's Plan and
code also differ from the New Urbanism theory in several regards, such as wider streets and masonry siding. The
Dallas Morning News article on the City of Phoenix providing free benches so that residences will sit on their
porches more and look out for potential crime supports Wylie's requirement for porches on all residences.
Thompson reviewed the e-mails from citizens which generally called for elimination of additional multi-family
densities and substituting other uses around the retail centers. Some called for limiting neighborhood retail
Village Centers. Thompson reminded the Commissioners that Wylie needs additional retail opportunities both to
provide local shopping for the population and sales tax to relieve the property tax. No land use can be excluded
from consideration, but the Comprehensive Plan and Zoning must accommodate all potential uses in some
fashion.
Thompson then reviewed the Comprehensive Plan for Frisco, noting similarities to the Wylie Plan. 15% of
Frisco's land is allocated to retail uses, much more than allocated by the Wylie Plan and a similar hierarchy of
commercial scales and densities is planned. The Frisco Plan recommends retail and apartments at almost every
major intersection, like the Village Centers of Wylie's Plan. Single-family residential densities range to 5.75
dwellings per acre, higher than Wylie's approximate 4 per acre, and apartments may be as dense as 18 and 23
units per acre compared to Wylie's 15 units. Thompson concluded that the philosophies of the two Plans are
very similar, and asked what Commissioners want to change.
Chairman Seely distributed and discussed the Comprehensive Plans for McKinney and Southlake, also noting
that these Plans are very similar to Wylie's. McKinney's Plan recommends "Community Villages" at most major
intersections, including retail and apartments much like Wylie's Village Centers. Retail uses are also stretched
along most regional thoroughfares, and housing densities are to be mixed to "provide for different lifestyle
choices and balance the tax base". Southlake has built a new central business district which consolidates most
commercial uses and cultural activities, and calls for more diversity of uses and development styles within
residential and nonresidential planned to "limit the impact of the automobile" and "protect the feeling of rural
openness". The Southlake Plan recommends much lower residential densities than Wylie and Frisco, from less
than one dwelling per acre to no more than 5 dwelling per acre with no apparent accommodation for higher
densities and multi-family. Southlake codes emphasize special design details and performance standards much
like Wylie's incentive zoning.
P &Z Commission Meeting
July 6, 2004
Page 5 of 5
Commissioners discussed their desires for the Wylie Comprehensive Plan. Commissioner Byboth stated that
curved streets should be encouraged rather than a rigid grid layout to calm traffic, and that regulations should
required higher value of residential construction. He suggested that the larger yard setbacks may be wasted
space, adding costs but not achieving the desired appearance of wide open spaces. Commissioner Hennesey
recommended suggested that new residents are looking for higher quality but a rural small town character, and
the Plan and regulations should encourage both of these. Commissioner Phillips asked that Commissioners be
provided copies of the complete Comprehensive Plan and Zoning Ordinance rather than the excerpts previously
provided, as well as Subdivision Regulations and Thoroughfare Plan, and Thompson promised that these will be
provided at the next meeting.
Thompson stated that future meetings must emphasize such discussions of the Comprehensive Plan until any
needed revisions are identified. The engineer is waiting new land use projections of a revised Plan in order to
recommend new infrastructure impact fees and sizing of various utilities, or developments must proceed
according to the current Plan. Commissioners generally discouraged meeting weekly.
Thompson said that a tour may be planned for the next meeting if a light agenda allows it, while later sunsets
continue to provide light.
ADJOURNMENT
A motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey, to adjourn the meeting
at 10:10PM
Chris Seely, Chairman Mary Bradley, Secretary
.
WOW*
Action Item No. 1
Final Plat
Creek Hollow Addition, Phase 2
Planning and Zoning Commission Meeting: July 13, 2004
Owner: Legacy Homes
Surveyor/Engineer: JPH Land Surveying, Inc.
Adams Consulting Engineers, Inc.
Location: Generally located west of Westgate Way and north of F.M.
544 and the DART rail corridor
Existing Zoning: Planned Development (PD 2003-13)
Summary:
The Final Plat under consideration is for Phase 2 of the Creek Hollow Addition. The property
includes 22.041 acres and will create 77 single-family residential lots and a 4.825 acre tract to be
dedicated as a public park. The subject property is zoned Planned Development (PD 2003-13),
which limited the total development to 200 residential lots. Phase 1 of the subdivision created
123 single-family lots.
The approved Planned Development District conforms to the requirements of the Single Family
8.5/17 District except that the minimum lot size is 7,000 square feet, minimum lot width is 60
feet and lot width of corner lots is 71 feet, the interior side yard is 6 feet and side yard of corner
lots is 15 feet. No alleys are required. The PD Conditions also modified the minimum dwelling
size and exterior wall materials.
Section 212.005 of the Texas Local Government Code states that "the municipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations".
Section 212.009(a) states that "the municipal authority responsible for approving plats shall act
upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the
municipal authority unless it is disapproved within that time period".
Final Plat—Creek Hollow, Phase 2
Issues:
1. The Final Plat conforms to the approved Development Plan and Development Conditions of
the Planned Development PD 2003-13 and complies with the Subdivision Regulations and all
other pertinent code requirements of the City of Wylie.
2. This Plat continues the existing development of the Creek Hollow Addition, and street access
to Westgate Way was provided by the earlier phase.
3. No alleys are required with this development as a Special Condition of the Planned
Development.
4. The Plat dedicates 4.825 acres as public park land, about half of which is occupied by
floodplain. An easement is provided along the eastern property line of the park to allow
private access for maintenance of the retaining wall and wrought iron fence.
Financial Considerations:
Plat application fees—Paid
The applicant is aware that development impact fees must be paid prior to issuance of a building
permit on each lot.
Staff Recommendation:
Approval
Attachments:
Final Plat
FOUND Block 1
Ralph Pinkus(Remainder) Jonathan Pinkus(4.656%) 1/2 INCH Replat for Westgate Phase I
, Lillian Pinkus(4.656%) Volume 5442,Page 337 //REBAR SET Cabind H,Slide 774
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L48 N88.11'05"E 66.53' 11.1°4'
1 glg RRANT§
Dallas Area,Rapid Transit(100'ItscTiA0uNTTE.W.;;ETA L49 N8,19'12"E 6.04'
a I r7, Notes: L50 N89.119'12"E 55.98' D.A.R.. lir
, g
.,2 7.1 Before me,the undersigned authority,Notary Public,in and for said County and State,on this day L51 S87,3'24"E 18.75'
71 cs 1.This plat was prepared with the benefit of a commitment for title insurance provided by Stew.Title North
Texas,Inc.File Number 03500579 effective July 8,2003 and issued July 28,2003.Said commitment was
relied upon for easement research.No other research for easements was performed and therefore,easements, personally appeared.P.Hoebetheinrich,known to me to be the person whose name is subscribed to the
foregoing instrimient and acknowledged to me that he executed the same.the piffpose and
considerations therein expressed. L52 .7,3'24"E 40.45'
L53 S61.01'53"E 52.54' FM 544 or.'"
'1 :I El, agreements,and other documents,either recorded or imrecorded may exist that affect the subject property.
Given under,hand and seal of office,this day of ,2004. Vicinity Map
(Not to Scale)
2.The basis of bearings for this survey is the East line of a parcel of land dee.to Wylie Realty Investments,
L.L.C.as descrthed in Volume 50,42,Page 2944 of the Deed Records of Collin County,Texas.(S.00 deg.. (Dallas Mapsco Page 663-W)
min.00 sec.E) ' Page 1 of 2
3.Lot comers are set.orange capped rebar stamped"JPH LAND SURVEYING"unless noted otherwise. Notary Public in and for My Commission Expires:
The State of Texas Final Plat
, of
Legend
ii/ 4.Centerline monumentation are set"MAG"nails with shiners stamped',PH LAND SURVEYING".
5.Selling a portion of this addition by metes and bounds is a violation of City Ordinances and state law and is
subject to fines and withholding of utilifies and building permits. Surveyor's Certificate:
Set 5/8....Set 5/8 inch aluminum,capped rebar stamped Creek Hollow, Phase 2
This is to state,to the best of my knowledge and belief,that I,Jon P.Hoebelheinrich,a Registered "JPH LAND SURVEYING"
1\ 6.The layout of the streets and lots for Phase 2 are for informational piffposes only.Ths layout is subject to
change. Professional Land Surveyor of the State of Texas,have platted this subdivision from an actual survey on
the ground,and that this plat represents that survey made by me or under my direction and supervision. WME....W.Maintenance Easement
D.E.....Drainage Easement
D.R.C.C.T....Deed Records of Collin Cou,,Texas Lots 3,,Block A,Lots 1-16,Block B,Lots 1-34 Block C,
Lots 1-17,Block D,and Lot 2,,Block X .
1 7.That portion of the Utility Easement to the City of Wylie recorded in Volume 2059,Page 949 of the Deed P.R.C.C.T.....Plat Records of Collin County,Texas being 22.041 acres in the Elliot C.dditi City Davidson Survey,Abstract
Records of Collin Cou,,Texas lying within this plat is hereby abandon.by this plat. L....Building Setback Line an aon to the of Wylie,Collin County,
0 vilitiwuwilis,rn,.„="11101 00 200 300 U.E.0 ....Utility Easement 78 Total Lots-77 Residential Lots 8c.1 Park Lot JUL 1 5 2014
,,,,,,,,.......,........,,,,:„
,::„„„,„,..„,„..:::-:, 8.Selling a portion of this addition by metes and bounds is a violation of City Ordinances and state law and is July 0,2004 July 2004-PD-2003-13
subject to fines and withholding of utilities and building permits. Jon P.Hoebelheimich I., ---------- :
Registered Professional Owner/Developer: Engineer: Surveyor:
Scale:1"=100' Land Surveyor No.5,478 Legacy Homes Adams Consulting Engineers,Inc.
4050 West Park Blvd. 5°°'len prive'Suite 55° JPI-1 Land Surveying Inc.
, Date:PRELIMINARY:THIS DOCUMENT IS NOT TO BE RECORDED FOR ANY PURPOSE. Plan,Texas 75093 Southlake,Texas 76092
Tel:(972)612)8085 Tel:(817)32,6990 Fax:(817)329-7671 200 North Rufe Snow,Suite 123,Keller,Texas 76248 Tel:(817)43,4971 Fax:(817)431-4924
,
_3
Our Mission..
..to be responsible stewards of the public trust,
to strive for excellence in public service,and �- City �of l
I
to enhance the quality of life for all.
July 20, 2004
TO: Members of the Planning and Zoning Commission
FM: Claude Thompson, Planner
RE: August 8 Work Session With City Council
The City Council invites the Planning & Zoning Commission
and Park & Recreation Board to join them in a
work session at 6PM on August 10
in the Council Chambers at the Municipal Building
to discuss a Neotraditional Development proposal.
(Although related to a specific proposal, this discussion is also
directly related to the philosophy of the Comprehensive Plan.)
Please mark your calendar
PLANNING AND ENGINEERING
2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 • www.ci.wyte.tx.us