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05-04-2004 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, May 4, 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 April 20, 2004 Regular Meeting. ACTION AGENDA 1. Consider and act upon approval of a Final Plat for the Country Ridge Phase B Addition, being all of a certain 40.2655 acre tract of land, and being a portion of the tract of land conveyed to Shaddock Developers, Ltd. as described in a deed recorded in Volume 4977, Page 1142 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. ADJOURNMENT CLVM•43\11Thiu.—.) I Posted Friday, April 30, 2004, at 5:00 p.m. 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 Regular Business Meeting April 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 Chairman Seely called the Regular Meeting to order at 7:00 p.m. 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 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 currently serves a population of nearly one million people with fresh water, wastewater 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 and vacant properties. The request includes rezoning three (3) tracts totaling 28.73 acres from Neighborhood Services to Industrial. An additional 153.97 acres in three (3) tracts are to be rezoned from Single-Family Residential 8.5/17 to Industrial, including 69 acres, which will accommodate most of the new construction. Three (3) tracts will also be rezoned from Agriculture(A)to Industrial,totaling 58.26 acres. 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, and screening is required when such industrial uses are located adjacent to residential zoning/uses. Chairman Seely opened the Public Hearing at 7:15 p.m. 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 to expand the current building and there is no intention to remove any trees that are located off Brown Street. P&Z Commission Meeting April 20, 2004 3 of 4 Chairman Seely closed the Public Hearing at 7:17 p.m. 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 make 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 and should not be revised. Any revision would not address the existing problems, which now have been addressed by newer regulations not only in landscaping and zoning but also in construction. The motion carried 4-2, with Commissioners Hughes and Byboth voting in opposition. 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. P&Z Commission Meeting April 20, 2004 4 of 4 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 a result of the proliferation of radio towers in residential districts. The current Zoning Ordinance allows 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, representing 47 households within the Wylie city limits that have none 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 provided by Commissioner Porter regarding the Missouri Antenna Bill was distributed and discussed. After much discussion of the height allowed and the aesthetic impact 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 to remove the Special Use Permit requirement for amateur radio towers in residential districts and specifying a height requirement for a tower lower than the current 75 feet. Motion carried 5-1, with Commissioner Spillyards voting in opposition. MISCELLANNEOUS The following were discussed briefly for future consideration: 1. Joint work session with City Council on May 25, 2004 regarding the update of the Comprehensive Plan Map. 2. Article from the Dallas Morning News regarding Plano growing and leaving out parks and greenery, relating to Wylie's tree preservation and landscape regulations. 3. A recommendation to review the Zoning Ordinance for tree preservation for 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. Chris Seely, Chairman Mary Bradley, Secretary Pitt Action Item No. 1 Final Plat Country Ridge Addition Phase B Planning and Zoning Commission Meeting: May 4, 2004 Owner: Shaddock Development Company Surveyor/Engineer: Tipton Engineering, Inc. Location: Generally located west of Country Club Road (F.M. 1378) and north of McMillen Road (C.R. 298) Existing Zoning: Planned Development District (PD 2001-24) for Single-Family Residential Uses Summary: The Final Plat for the Country Ridge Addition Phase B is the second phase of the Country Ridge Addition, and includes 40.2655 acres and will create 132 single-family residential lots. The property is zoned Planned Development District (PD 2001-24) for Single-Family Residential Uses, approved by the City Council on May 22, 2001. The PD limits the overall development to a total 312 lots, requiring a minimum lot size of 8,500 square feet and a minimum house size of 2,000 square feet. A Preliminary Plat/Development Plan for the overall development was approved by the City Council on July 24, 2001. 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 municipality unless it is disapproved within that time period" Final Plat—Country Ridge Phase B Issues: 1. The Final Plat substantially conforms to the Concept Plan of the approved Planned Development District as well as to the approved Preliminary Plat/Development Plan. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. Fees in lieu of land will meet Parkland dedication requirements. Financial Considerations: Plat application fees—Paid Staff Recommendation: Approval. Attachments: Final Plat , .7. --- PARKER it L r .......0063, RIVERCHASE PHASE TWO , CABINET N, PAGE 793 ----""ii-1, i'•.-, 7 ik ss\ ,BROWN SIT V.EST,,m w 2 'Ci_ 30 29 28 27 26 25 24 23 22 21 2o 19 18 17 16 15 14 13 i ,S N63.46'2,1., 31 , - ,__Y a„,./--<- -'0, ---.18.4r 211.41 - • 20'ALLEY 29 3038 . -__- 'A R.T. R...KIRBY F.1.1.544 STREET ' , LI, \\\ .0. .•,, ''''. 0. z ',,I-1-7.5..,. :"_ .® >" .. :'. k 0 / I \ \/ - , -,-,,, :,!„1 r2 ,,,,,, .,,,,, 14,, :,-7..., ,.T.c,.0 ,,,,,,, ..x• 3132 00 1 50 0A 200 1 sum 2 ,-,, , ,•,--,,,---- , , 25.z____ z z z AZ),i.:- SCLE:1"=100 100' WStoTisTAPP \,,,,3,, .______-- BOXWOOD 378•26' 'I, LANE 132.74' .f....."" 12.30' --- , , Bearin s based on the south line of 9 LANE ' 17,,,,,'\ \/,6, ,6, .7-- 73.00' 73.00' 75.00' 114.53' 120.00' Riverchase Phase Two as recorded in --,---1 25, ,, 1,5:8L ..0 ''r Cabinet N,Page 793(DRCCT) . I c-,,,,!78'fr 6:7:9, 0" c''‘'0. ','-• 4 ';4A 5 "e4 6 -0.rl 7 .A.E 8 °4 e 13 -g 14 r,Ill ..., 7.7,,,, 6 ,,.44.42,4,„E I I ai 120.00 8 7 ,o7,5▪ 16 /,',,,. s,, 3 .414,,,:\ 73.00' 73.00' 49.70*28:30;.,, 10 9 0 A 9-7, J.,',/ , ',.,,,0/;:, ,,,,,,i; 65.5,, 7 4.,0, ,0,,,,,,,,‘,., S89,245.0,8 E I :.., 2 ,;,,,, ,,,,,,,,6 8.52' -='• 1,4 9 ,::,11..? §.-_ 1 N 81;7.4 W 171 20'ALLEY 11.73,." • N 11 n'b is L-5.11E 0 D=3322'42" lo.x 10.Transformer Pad Esm't. 1 , ri,- U 115.70' . I I 1 4,, 1, ,,,!, I PINEWOOD ,s1 6-3°-.' DRIVE , _. , ,,,,, 86.00' 78.00' 78.00' 78.001j 78.0,0'±78.00' 78.0.0±1 `5-5;0, y , L C=270.89' DRIVE S8857'48, , 0 - 18 CB=S 1626'29"E opLELEAF , 120 00' '211 STREET 5E.Lrnttut"ItY Ul, ,5, ,..c'_,ji COUNTRY RIDGE PHASE A 26 25 CURVE DATA Typical Electric Transformer Pad Easements CABI ET 0, PAGE 309 . .8'48"E 1' 1-n '''Z 'Z' 'z' ',' 20'' ,_• .7,, 19 20 and Public Utility Easements i '. 72. 78.00' 78.00' 78.00' 78.00' 78.00' 7598' 1,': 3 3.,,'15. 21 CURVE RADIUS DELTA TANGENT LENGTH CHORD BEARING II , Ps g S 3,31,20"E 22 1 80.00' 73.00' 73.00' 73.00 73.00 7,00 73.00 35.97.33.11 .62 '''c', 0% C-1 50.00 163,4'23. 350.00' 142.89' 98.99' S 4574'52.W 58857.48, R.,_.535.00, 23 C-2 390.00' 29'46'48" 103.70' 202.70' 200.43' S 7521'28"W :6,, . 3 3 3 3 3 120.00' •I, ,• ,^ ,• ,• ,• ,• ,• C-3 410.00' 27'34,7. 100.63' 197.35' 195.46' S 7627'29"W 1 30=5 1 29=5:1 28=.5.''',,,27=5:1..5 r:4 25=5,.;24-,,,,,;1 ® C-4 710.00' 30,0'42. 194.76' 380.16' 375.64' S 74,4'31.W C-5 585.00' 30,0'42" 160.47' 313.23' 309.50' S 74,4,1.w I 'L C7,- !- ',,' ',,' ,',,'2.5.- ,''' :,',' 15.21 C-6 535.00' 30,0'42. 146.75' 286.4,5' 283.05' S 7454'31''W o, LE, CH=15.21' 8 i C-7 560.00' 30'40'42" 153.61' 299.84' 296.28' S 74,4,1.W 81.72' 73.0(2 73.00 73.00 7 am'. 73,00' 73.00 35.97'43.20 C-8 905.00' 24'17'47" 194.81' 383.76' 380.90' S 78'05'58.W lo• ----"\--,C,&26 CB=S 5845'18"W 1,, 0 .r.,-"TVE C- 0, 2.---- -4‘c,,.., R=730.00' C-9 855.00' 2477,7" 184.05' 362.56' 359.86' S 78.05.58"W DR NE C-10 880.00' 2477'47" 189.43' 373.16' 370.38' S 78105,8.W D=0024'26" J.B. PRINCE 588.57.48, _ mApLE,LEAF 591.04' -,1 DEN, 7o., .....---. .,‘ C-11 1050.00' 2,56'23. 194.03' 383.73' 381.61' S 79,6'41"W Vol. 624, pg. I,8 .,....N , 120.00' ,,,,, ao.oct 73.00' 73.00' 73.00' 73.00' 73.00' 73.00' 38.38 3.20 7. ----; ',27 , T=2.59 011111 C-12 1030.00 20,6'23. 190.34' 376.42' 374.34' S 7,46,1"W - C-14 1205.00' 19'39'13" 208.72' 413.33' 411.31' S 8025'16.W V, I'l 1'C:1 l'q ‘,,',..q k''.,..9 t'')':1 ,; , , ..„!-6,14 CB=N 59'21'57"E C-15 1175.00' 1,38'29" 203.39' 402.79' 400.83' S 8025,8"W 4,1 38§, 37=4-.,. 36,,,,,,,-':.,_ 35 K,:.,34§:_.,33§;.,32 E, 31 ,-,.-. -; 64,• 1 ,,,,,..1a. 23 C-16 730.00' 30,0,2. 200.24' 390.86' 386.22' S 74,4'31''W C-17 40.00' 90,7'20. 40.55' 63.38' 56.96' N 4421'28.W I 1,,,0,,, 7,,, z z z z z © z , 849 • ,J, 3.,,,,,:s-ii,,, R=855.00' C-18 40.00' 117.43,6" 66.21' 82.19' 68.47' N 59,4'00"E r.,,, ' 0,...-,,, I 81.72' 73,00' 73.00' 73.00' 73.00' 73 00' 73.00' 3838'40.29' 84.9 -•, ,...1..5 120.00' p." i 80,00' 74.00' 74.00' 74.00' 74.00' 74.00' 74.00 34.38 3. z ,.,.0,,, T=50.71' C-20 110.00' 28,2'20" 27.98' 54.79' 54.23' N 15,5'48"w L=101.31' C-21 275.00' 27'46'41" 68.00' 133.32' 132.02' N 7626.25"E ,.. w w w w w w w ,,,,,,p, •,,,, •,-, 1,,,,, ,-,„ ,, 1,- ,-, ' • •,• - ''' -0 7=1,', 8 ,,, 9 ','',, ,• ---- , C B=S 62'33$111111 , 72507.:E Crl §n 0 , '%,\Z' 1/ C-24 225.00' 8,17'34" 222.24' 350.65' 316,23' N 45,0'59"E C-25 250.00' 89.17,4" 246.93' 389.61' 351.37' N 45,0'59"E ,, L_ z___ z ____, z - I R 81.72' 74.00' 74.00' 74.00' 74.00: 74.00' 74.00' 34.38'44 87' 83•89' C-9___--------- C-29 40.00' 89,5'06" 39.94' 62.77 56.53' S 44.42'41"E 120.00' DRIVE „ C-30 40.00' 9177'18" 40.91' 63.73' 5,20' N 44'39'01"E REDCEDAR .585.4' P. DRIVE ,,,, ---- -, .„, , R=1030.00' LEGEND ,.1 4 ,.1 79.16' 73.00' 73.00' 73.00' 73.00' 7,00' 73.00 43.63'8.58 7.. 7()1 'S;19 C-31 4000' 9153'08" 41.34' 64.15' 57.49' S 7123'21"E D=0321'25" , 20,-, C-32 40.00' 7425'06- 30.37' 51.95' 48.38' S 2375'31"W T=30.18' 5f,10°9 DE-Drainage Easement . 1.2o.00• EL-Building Line 1 -,r1 1 :,'5 b'n ,-:,', ?,.1 :n1 -'.',..7 . 4,31,30,29 §,,,, 25§,,,, . ,.. .; 8, 80., , ‘..e„, 5. 011PP. "1-CH=66g.34' CB=S 67'37'47"W UE-Public Utility Easement , 80 R=1175.00' 0 -Indicates Street Name Change r., 3 ''' a ---.1' :',",,,, ,',A, 1,-,R. 'LA b '° O ,--.S.' ,..F,,,, 120.00' 1 1 ,--, . ;,-,?.5 3 -7-, 4 ;',--",1 5 -V--- -,,,s 8 s,",--,', 9 5-,'.'-,,, L=26.62'- 6 52.21111 ,,., 2,... 2:11 2.., g,,, 2,.., 8,,,, ..,.. s• __--- 9.9 CH=26.62' 2 0-1/2"Iron pin-with a cap i ,,,, L ., ,„ ,, .., ----- 7g.0' ta CB=S 69'57'26"W stamped Tipton Eng.,Inc. set I 154.or „419:92. va 7_1 0-1/2"Iron pin found TEAKWOOD N 89,5'08, ''', DRIVE _., _____ - ,,‘ cr, 71 55 71.55 211 R=100.00' ,... 73.00' 73.00' 73.00' 73.00' 73.00'I I 73.00' 73.00 73.00 73.00 73.00 5.365.8.32 ,,., z ..2... D=20-07'44" ® 2 FINAL PLAT ---------, ----2.5.-.- t-L-:.-------,-- - . '','- 2 ,a -6.-,..1 5 7..2„7,',,,4 , T-17.75 8 11 8 f"A 7 :',',,' 6 %-A -,', :11 L=35.13' CH=34.95' Izic,, ,..; .; ' * '3 7,111 i-S 00313,2,"W CB=S 09-49'00 E 8 ' 11 COUNTRY RIDGE PHASE B PLACE OF BEGINNING c",,,,,,-4.17 73.00' 73.00' 73.00' 73.00'[I 73.00' 73.00' 73.00' 73.00' 73.00' 78.45' 79.36' 80.40' nor 84.24' 9.Ai WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716 - - S 0014'52"W R=40.00' CITY OF WYLIE, COLLIN COUNTY, TEXAS 1"iron pipe found 20.00 D=90'00'00" T=40.00' OWNER I CH=56.57' SHADDOCK DEVELOPERS, LTD. I CB=S 45'14'52”w MATTHEW M. BUTSCHEK 4975 Preston Park Road,97-0001744 9-72SZe,ggg-Plano,Texas 75093-Tg 1-E ,11 1 97-0001745 PD ORDINANCE #2001-24 APR 2 I 201, N TIPTON ENGINEERING, INC. NOTICE: Selling a portion of this addition by metes and bounds is a violation of City ordinance and state law and is ENGINEERING•SURVEYING•PLANNING i 6330 Broadway Blvd.•Suite C•Garlan,Texas 75043.(972)226-2967 0 subject to fines and withholding of utilities and building permits. NOTICE: All franchise utilities to be located within alleys. 132 LOTS 1,753,966SQ.FT.40.2655AC. 4/20/04 #4621