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03-16-2004 (Planning & Zoning) Agenda Packet Planning & Zoning Commission plit 4 .. City of Wylie March 16, 2004 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, March 16, 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 March 2, 2004 Regular Meeting. PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being located at 713 Cooper Drive, and being part of Lot 3, Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004-01) (Tabled from the March 2, 2004 Regular Meeting) ACTION AGENDA 1. Consider a recommendation to the City Council regarding revisions to the Comprehensive Plan Map. ADJOURNMENT `````��t�i a UI!!! i>y = SIt \ CD Posted Fn y, March 12, 2004��t 5:(lOp.m.••''.�P ."" 1;+1�`" U /.,,�w ii r I E i �`o``` 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 March 2, 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 7:13 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 February 17, 2004 Regular Meeting. A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to approve the minutes as submitted. Motion carried 6—0. P & Z Commission Meeting March 2, 2004 Page 2 of 10 PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being located at 713 Cooper Drive, and being part of Lot 3, Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004-01). Thompson stated that the subject property was created in 1972 as Lot 3, Block A of the Wylie Industrial Park Addition. The entire lot totals 22,769 square feet or 0.523 acres in size, and is currently vacant. It is currently zoned Corridor Commercial (CC) District, and the proposed Telecommunication Microwave Tower is allowed within the CC District with an approved Special Use Permit(SUP). The applicant is leasing 625 square feet (0.014 acre) at the rear of lot 3, and will provide an access easement to Cooper Drive. The access easement and parking will be paved according to City standards. There are existing utilities and drainage easements around the back part of the lot, and proposed tower locations but the front portion of the lot allows retail/office uses allowed within the CC District. The property to the east is occupied by an older masonry building and the property to the north across Cooper is occupied by a metal building. The new Walgreen's building occupies the abutting lot to the south, and the Auto Zone retail store is under construction to the southeast. The Zoning Ordinance requires Telecommunication Towers to be monopole construction and not exceed one hundred twenty (120) feet in height, and ground-level equipment must be screened by a masonry wall. The proposed facility will be a tapered monolithic pole, one hundred fifty (150) feet in height and will be enclosed by a masonry wall eight feet in height, and will comply fully with all of the specific regulations of the Zoning Ordinance except for the difference in height. All the electrical and telecommunication equipment will be located in metal cabinets within the wall compound. All transmission wiring except the airwaves will be underground. As required by the State Law, twelve (12) property owners were mailed Public Comment Forms. Three (3) Public Comment Forms were returned, prior to posting of the agenda and an additional response was provided at the meeting. These responses represent eight (8) different parcels of land within the notification area, five (5) of which oppose the request and three (3) favor the request. Because the negative responses represent more than twenty (20) percent of the notification area, the affirmative vote of seventy-five (75) percent of the City Council will be required to approve the request. P & Z Commission Meeting March 2, 2004 Page 3 of 10 The microwave type tower is to be directional, and must be aligned with other towers. The somewhat triangular shape of the subject property and the un-developable utility and drainage easements restrict the use of this rear portion of the property for other urban uses allowed within the zoning district. Dave Kirk, T-Mobile, 11830 Webb Chapel, Dallas, Texas, represented applicant for the subject property, distributed a map of the T-Mobile existing towers and service areas and stated that there is a need for a tower at the subject area as the two closest existing towers are not within range for a connection. Mr. Kirk stated that before a tower is built, there are several factors to consider on how the connection will be affected within a certain range, typically it is half-mile to three-quarter mile radius but it is more controlled by the elevation of the ground and the height of the antenna. The intent is to benefit cellular telephone usage within an area where there is no connection available. A connection is between a telephone and tower, and not tower to tower. Several Commissioners questioned if the tower could be placed in a different location or placed on top of an existing structure especially neighboring buildings or the health clinic behind Brookshire's to the southwest. Thompson stated that the issue with placing a tower on top of existing structures depends on the buildings' ability to handle the live load such as created by the weather and such will be difficult to verify for existing older buildings. Mr. Kirk stated that he was unaware of the availability of lease space on existing buildings or if the tower could be placed elsewhere. Chris Feinhals, General Transformer Corporation, P.O. Box 280, Wylie, Texas, represented the business owner next to the subject property, spoke against the zoning request and recommended that the tower be located out of sight so that the development of the property surrounding the tower will not be disrupted. A motion to deny the request was made by Commissioner Hughes, but failed due to no second. Commissioners discussed other locations available for a tower, and the need for locating a tower near the subject property in order to insure complete coverage for cell phones. Mr. Feinhals requested that the item be tabled to allow time to research the other locations. A motion was made by Commissioner Porter, and seconded by Commissioner Hughes, to table the item until March 16, 2004. Motion carried 4 — 2, with Commissioner Phillips and Commissioner Spillyards voting against. P & Z Commission Meeting March 2, 2004 Page 4 of 10 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family 8.5/17 to Single-Family 8.5/17 with Special Use Permit for Amateur Radio Communications Tower, subject property being located at 1518 Windward Lane, and being Lot 24, Block 13 of Newport Harbor Addition, Phase II, City of Wylie, Collin County, Texas. (Zoning Case 2004-02). Thompson stated that the applicant is requesting a Special Use Permit (SUP) in order to attach a tower to his existing single-family residence for the operation of an amateur radio station. The tower and antenna will be forty-five (45) feet high and will be tubular truss construction. Thompson reviewed the zoning history of the subject property, stating that the Zoning Ordinances allows amateur radio antennas within residential districts only with an approved Special Use Permit. The consideration of an SUP is required because such towers have the potential to adversely affect the surrounding land uses, especially in regards to the visual or aesthetic impact of the tower and interference with the receiving capability of other communications equipment within the vicinity. The proposed tower will be located in the rear yard, and attached to the rear wall of the house with no supporting guy wires required. The top of the tower and antenna (at 45 feet maximum height) will be approximately 13 feet higher than the peak of the two-story house roof (32 feet), so will be largely screened by the roof from the front yard/street- level view. The FCC confirms the potential for such radio transmitting to interfere with other air- wave communication, but such interference is caused largely by inadequate design and manufacture of the equipment being interfered with and even by other equipment within the interfered-with house, and is most readily solved by adjustments to that equipment. The FCC requires that the operator keep a log of all transmissions, so that the service of interference is readily traceable if by amateur radio. The applicant reports that the transmitting equipment is operated only between 10PM and 6AM and times of emergency, and the proposed antenna provides for controlled directional transmission. Public Comment Forms were mailed to thirty-four (34) property owners within 200 feet of this request. Twelve Comment Forms returned representing eleven (11) properties, including one provided at tonight's meeting. Seven (7) responses oppose the request and five favor the request. Thompson stated that this negative response may require a decision of seventy-five (75) percent of the Council, and staff will calculate to verify. The proposed tower and antenna will comply fully with all applicable regulations of the Zoning Ordinance. The requested height of the tower is 45 feet and the height allowed by the Ordinance is 75 feet. Commissioner Hughes questioned the specified height of 45 feet versus the 40 feet noted in the provided site plan. Thompson stated that the tower is P &Z Commission Meeting March 2, 2004 Page 5of10 under construction at 40 feet and the antenna will add some height. Commissioner Porter stated that the SUP allows an applicant to tailor the size of the tower. Thompson reminded the Commission of a similar request for a SUP in a Single-Family District was approved recently for a tower of 35 feet on a single-story residence. The City Council also recommended that the SUP for the previous tower be tied to the applicant and not just to the property, so the current request is likewise limited to the current property owner. Jim Haynie, 3226 Newcastle Drive, Dallas, Texas, President of the American Radio Relay League, representing 680,000 licensed amateur operators across United States, stated that the electrical interference could also be caused by neon signs, faulty electric transformers on poles, and faulty circuit breakers within the houses and has nothing to do with RF radiation interference. Congress passed a law in 1982, stating that FCC is solely responsible for radio frequency and interference. Mason Sarles, 1518 Windward Lane, Wylie, Texas, applicant and resident of the subject property, stated that the tower is complete but has no antenna and the radio is not operable. The hours of operation will be typically at night and on weekends. The intent is to use of the radio as a hobby and emergency communication, but will serve other purposes also. Britt Volker, 1511 Anchor Drive, Wylie, Texas, resident of a neighboring house to the subject property, spoke in opposition to the tower, stating that there are wires hanging off the antenna measuring well over thirty feet in length. Mr. Volker stated that there has been interference with cordless telephones since the tower went up. Mr. Sarles stated that the wires hanging off the tower are for other types of antennas, but will be replaced by the directional grid. Mr. Haynie stated that the subject property was inspected today and is not wired for operation. Mr. Haynie further described the function of the antenna and the control cable for the tower. Commissioner Byboth questioned what happens to the tower if the property owner vacates the premises. Thompson stated that the tower can be operated only by the current property owner. Mr. Sarles agreed to include a statement in the Conditions of the SUP, to remove the tower if or when he moves off the subject property. A motion was made by Commissioner Porter, and seconded by Commissioner Phillips, to recommend approval for the zoning change with amendment to the Conditions that if the applicant vacates the property, the tower shall be removed from the site. Motion carried 6-0. P & Z Commission Meeting March 2, 2004 Page 6 of 10 3. 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 Residential Uses of mixed densities, generally located east of McCreary Road, and east of Sage Creek Phase IV and south of McMillan Road, being all of a certain 45.125 acre tract of land as described in a deed to Perry Easterling, recorded in Volume 2258, Page 914 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. (Zoning Case 2004-03) Thompson stated that the applicant is requesting rezoning of 45.125 acres of undeveloped land in order to expand the existing Sage Creek Planned Development District (PD) for single-family residential uses. Approximately one-half of the subject property is occupied by the 100-year floodplain and is therefore not developable. Thompson reviewed the Planned Development Conditions of the Sage Creek Development. The proposed Planned Development District will allow a maximum of 111 new lots or a density of 2.46 lots/dwellings per acre. Of these total lots, at least 10 must be 1 acre or larger in size, 49 lots must be 7,200 square feet or larger, and no lot may be smaller than 6,000 square feet. Minimum dwelling size is to be 2,200 square feet on lots of 1 acre and 1,700 square feet on lots smaller than 1 acre. The subject PD waives the requirement for alleys, and proposes a modification from the adopted yard setback dimensions and flexible development regulations of the Zoning Ordinance. Public Comment Forms were mailed to thirty-nine (39) property owners within 200 feet of this request as required by State Law. Two Comment Forms have been returned, representing three parcels, and all opposing the request. Two points of access are required for all subdivisions in order to facilitate emergency access. The proposed addition provides access and illustrates two potential locations from the existing subdivision, neither of which is considered by the Fire Marshall to be adequate. A second access is recommended from Claybrook Drive in the existing Sage Creek Phase IV Addition. However, the portion of the property required for this recommended access is owned by a private land owner and the permission to extend the street has not been verified as of yet. The Development Plan can be considered tonight for approval and before final plat is accepted and approved, two points of adequate access will be required. John Bull, 5225 Village Creek Drive, Plano, Texas, represented Dowdey, Anderson and Associates Engineering Company, stated that the intent is to continue with the same smaller-lot product currently in the existing Sage Creek development, while at the same time comply with the spirit of the Comprehensive Plan by providing some lots on one acre or larger. P & Z Commission Meeting March 2, 2004 Page 7 of 10 Neal Heckel, Ashton Woods Homes, 13800 Montfort Drive, Suite 100, Dallas, Texas, represented the home builder for the proposed property and the existing subdivision Sage Creek, stated that a 30 feet wide area will be dedicated as public park to the east of the property with a walking trail installed by the developer, which will tie into the existing subdivision on the west, and the total park dedication will be 3.49 acres. The lots larger than one acre will extend to this linear park/trail corridor and the rear portions of the lots will generally remain open or fenced with limited minimal enclosures because it will remain floodplain and undevelopable. Thompson stated that the Park Board has approved the proposed open space and trail concept. Mr. Phil Easterling, 941 Hensley Lane, Wylie, Texas, represented the property owner of the subject property, spoke in favor of the zoning change. He reported vandalism of the property since the development of neighboring houses. Mr. Heckel stated that the economy is starting to stabilize and a move up housing market is needed within the immediate area. To accommodate this desire for larger houses, five additional plans ranging to 3,000 square foot have been added to the Sage Creek model. Commissioner Spillyards favored increasing the square footage of houses to address this move up market. After discussion, Mr. Heckel agreed to require that 75 percent of the houses on lots less than 1 acre will be 1,900 square feet in size. Commissioner Porter questioned the Planned Development's elimination of sidewalk lighting. Mr. Heckel stated that there was a misunderstanding of the Zoning Ordinance and that low-height decorative lighting will be provided for streets and sidewalks. Specialty paving crosswalks four feet wide will also be added. Marvin Fuller, Inwood National Bank, spoke in favor of the zoning change and stated that the existing development pattern limits access to the proposed development as well as dictates the size of lots and homes which can be marketed there. A motion was made by Commissioner Byboth, and seconded by Commissioner Spillyards, to approve the zoning change with amendments to the Condition to include requiring that 75% of the dwelling size be 1,900 square feet or larger on lots under 1 acre; that decorative street lighting be required and specialty paving of four feet wide will be provided at crosswalks for major intersections and that park improvements be limited to the public open space of this and previous Phases Sage Creek. Motion carried 6—0. Chairman Seely adjourned the meeting for a short break and reconvened at 10:15PM. P & Z Commission Meeting March 2, 2004 Page 8 of 10 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Birmingham Farms Phase 13B Addition, being all of a certain 65.323 acre tract of land, generally located east of Country Club Road (F.M. 1378) and south of Park Boulevard, as described in a Contract for Deed to Centex Homes, and being situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Thompson stated that the property will create 164 single-family residential lots and 3 common areas/open spaces to be owned and maintained by the Homeowners Association. This subject property is the second phase of the larger Birmingham Farms Phase 13 Planned Development (PD 2002-39). The subject property conforms to the requirements of the Single Family 10/19 District except that the minimum dwelling size is 1,800 square feet with 85% exceeding 1,900 square feet. The right-of-way for the widening of Park Boulevard will be dedicated by this plat, but no street, water, sanitary sewer or storm sewer will be required, according to the stipulations of the Special Agreement and the earlier PD. This is a trade off for the developer to construct a bridge across the creek to connect Park Boulevard at Dodd Elementary and the new schools. Brent Murphree, 7950 Elmbrook Drive, Dallas, Texas, represented engineer Carter Burgess, stated that the development will be a continuation of the Birmingham Farms 13A. The homeowner association will maintain the common areas. There will be a thin screening wall along Park Boulevard, which is similar to the existing screen wall in the subdivision. A motion was made by Commissioner Phillips, and seconded by Commissioner Porter, to recommend to the City Council approval of the Final Plat Birmingham Farms Phase 13B. Motion carried 6—0. 2. Consider and act upon approval of a Site Plan for the Inwood National Bank facility, being all of a certain 1.622 tract of land, located at 120 S. Jackson Street, City of Wylie, Collin County, Texas. Thompson stated that the Site Plan is for a full service bank facility with drive-through service. The subject Plan is substantially the same as one approved previously by the Commission, and is primarily intended to add a portion of the old rail corridor to the bank lot. The subject tract totals 1.622 acres and will consist of a single story building of 6,686 square feet, and a 7-lane drive through facility. The proposed bank will be oriented to face State Highway 78. P &Z Commission Meeting March 2, 2004 Page 9 of 10 The primary access will be from Birmingham Avenue and Jackson Street and no direct access to State Highway 78 will be provided. No cross access is provided between the bank facility and the adjacent property to the north in order to prevent interference with the drive through traffic circulation. With no questions for the applicant or staff, a motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to approve the Site Plan as submitted. Motion carried 6—0. 3. Consider a recommendation to the City Council regarding a Final Plat for the Inwood National Bank Addition, Lot 1, Block A, being a Replat of Lot 1A-R, Block 3, Provident Bank Addition, being all of a certain 1.622 acre tract of land, located at 120 S. Jackson Street, as described in deeds to Inwood National Bank as recorded in Cabinet N, Page 443 and CC# 94-0096329 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat for the Inwood National Bank Addition will replat the existing Lot R1, Block 3 of the Provident National Bank Addition to combine it as a single lot with a 0.636-acre portion of the recently abandoned railroad right-of-way. This Plat will accommodate the Site Plan considered in the previous item. Thompson stated, because this is a replat, the Park Board is requesting park dedication fees under the recently adopted revision. Commissioner Porter recommended that the applicant be made aware of fees before coming to the Planning and Zoning Commission Meeting. Thompson stated that applicants are informed generally of all fees by the application form, and that he was told today to pass the message on to the applicant. With no questions for the applicant, a motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to recommend approval of the replat Final Plat Inwood National Bank Addition. Motion carried 6—0. 4. Consider a recommendation to the City Council regarding revisions to the Comprehensive Plan Map. Thompson stated that this item will be tabled until March 16, 2004 meeting. MISCELLANEOUS Thompson quickly reviewed the several news articles provided to Commissioners and reported that staff recently sent a survey to all applicants and other contacts made during the previous year to determine potential problems or satisfaction with services provided by the Planning Department and Commission. P &Z Commission Meeting March 2, 2004 Page 10 of 10 ADJOURNMENT A motion was made by Commissioner Porter, and seconded by Commissioner Hughes, to adjourn the meeting. Motion passed 6-0. Chris Seely, Chairman Mary Bradley, Secretary Tri, ty of Wylie Public Hearing Item No. 1 Rezoning 04-0 1 117 Cooper Drive, SUP for Telecommunications Tower Planning and Zoning Commission Public Hearing: March 16, 2004 Tabled from March 2, 2004 Owner: Jerry F. Randack, III Applicant: T-Mobile Location: 117 Cooper Drive, Lot 2 of Block A, Wylie Industrial Park Existing Zoning: Corridor Commercial CC) District Requested Zoning: Special Use Permit (SUP) for Telecommunications Tower Summary: This item was tabled and the public hearing continued from the March 2, 2004 meeting, in order to allow the applicant time to provide additional documentation concerning the availability of alternative sites. The following report is the same as provided previously, and the applicant will provide additional information at the meeting. The subject property was created in 1972 as Lot 3, Block A (22,769 square feet or 0.523 acre) of the Wylie Industrial Park Addition. The entire lot totals 22,769 square feet or 0.523 acre in size, and is currently vacant. Prior to the Citywide revision of the Zoning Ordinance and Map in November of 2001, the property was zoned Industrial (I), and Microwave Towers were allowed by right. It is currently zoned Corridor Commercial (CC) District, and Telecommunications Microwave Towers are allowed within the CC District only with an approved Special Use Permit (SUP). ZC 04-01: 117 Cooper Drive The applicant is leasing 625 square feet (0.014 acre) at the rear of the lot, as well as an access easement to Cooper Drive, for the location of the telecommunications tower and equipment for commercial purposes. An existing utility easement abuts the subject tower location along the south side, in which are located underground sanitary sewer lines and overhead electric lines. No plans have been announced for the remainder of the subject lot which will not be developed immediately, but it is of sufficient size to accommodate many of the retail and office uses allowed within the Corridor Commercial District. The proposed telecommunications facility will be enclosed by an eight (8) feet high masonry wall. The tower will be a tapered monolithic pole, 150 feet in height, with no supporting guy wires. Electrical and telecommunications equipment will be located within a metal cabinet within the walled compound. All transmission and service wiring will be located underground, entering the compound from utility easements to the west and north. A paved drive and parking, within an easement, will provide access between the facility and Cooper Drive. Neighboring properties are zoned for Corridor Commercial uses. The abutting property to the east is occupied by an older masonry building and the property to the north across Cooper is occupied by a metal building. The new Walgreens building occupies the abutting lot to the south, and a drainage easement separates the two parcels. Section 5.4 of the Zoning Ordinance allows consideration of a Special Use Permit (SUP) for certain uses within certain districts as a means to more carefully and specifically evaluate the effects of certain uses on surrounding properties or when necessary to establish for such uses in such locations any special conditions of development and/or operation necessary to insure that the use is more compatible and consistent with the character of adjacent properties than that use may be normally in other locations. An SUP does not change the zoning of the land but overlays the existing zoning with site- and project-specific additional uses and regulations. The Planning and Zoning Commission and the City Council shall evaluate a request for an SUP to determine its probable effect on adjacent properties and the community as a whole, and may impose any reasonable conditions for the granting of an SUP. The Zoning Ordinance requires such special regulations in many cases. Failure at any time to comply fully with the approved conditions of the SUP, whether as generally stated within the Ordinance or as special Conditions for a given site, will result in the revocation of the SUP and cancellation of the Certificate of Occupancy. Section 5.2.G.14 of the Zoning Ordinance (see attached) requires an approved Special Use Permit (SUP) for the construction and operation of Telecommunications Towers and Antennas. The Ordinance encourages towers to accommodate the antennas and operations of several communications providers, and regulates their location and construction to minimize visual impact on residential districts and public rights-of-way. The towers must be of a monopole construction and shall not exceed one hundred twenty (120) feet in height, and ground-level equipment must be screened by a masonry wall. Construction and operation must be in compliance with current requirements of the Federal Communications Commission which ultimately regulates such towers and antennas. The Commission may make the SUP subject to any special conditions deemed appropriate for this particular site and operation. ZC 04-01: 117 Cooper Drive Issues: 1. Public Comment Forms were mailed to twelve (12) property owners within 200 feet of this request. Four (4) Comment Forms have been returned representing eight (8) parcels within the notification area, three (3) favoring and five (5) opposing the request. This negative response by more than twenty(20) percent of the land within the notification area will require an affirmative vote of seventy-five (75)percent of the City Council to approve the request. 2. The overall height of the tower is proposed to be one hundred fifty (150) feet, rather than the 120 feet maximum height allowed by the Zoning Ordinance. This additional height is requested in order to accommodate multiple antennas and dishes (encouraged by the Ordinance) as well as attain the required line-of-sight alignment required for transmitting/receiving of the microwaves and the distances between such towers established by the Ordinance. The proposed tower and associated development will comply fully with all of the specific regulations of the Zoning Ordinance except for this difference in height, so the Conditions of the SUP provide only for this variation. In September of 2002, the Planning and Zoning Commission approved construction of a 150 feet high telecommunications tower and similar equipment building for another provider on Regency Drive (because that property was zoned Industrial and application had been made prior to revisions to the Zoning Ordinance, only site plan approval was required rather than an SUP). 3. That limited portion of the lot on which the tower is to be located and to which the SUP will apply is leased by the owner to the third-party utility T-Mobile. The SUP will run with the land and the land ownership rather than with the tower ownership (T-Mobile), but all future users of the tower must comply with the Conditions of the SUP. 4. The somewhat triangular shape of the subject property and the undevelopable utility and drainage easements restrict the use of this rear portion of the property for other urban uses allowed within the zoning district. The remaining front majority of the lot is of sufficient size, shape and character to accommodate a variety of future uses as allowed by the Zoning Ordinance. 5. The intersection of S.H. 78 and F.M. 544 is the new central place of Wylie, and the tower will be visible from these public streets and the abutting developments. However, future retail construction on the properties south and east of the tower and between it and the highways should effectively screen the ground-level equipment and lower portion of the tower. Furthermore, the proposed tower location is within a somewhat lower drainage area, and the monolithic shape and silver color of the pole, with no signage or lighting, should blend with the background sky and lessen its visual impact at this important location. ZC 04-01: 117 Cooper Drive 6. The communication function of the tower is a public/community service (if not necessity) as much as it is a private economic venture. Towers of similar height and greater visibility provide electric power and emergency communications (City police and fire dispatch), and elevated storage tanks provide water for consumption and fire protection largely immune from the level of regulation required of private telecommunications facilities. Staff Recommendation: Approval. Although at a very significant location as Wylie's new retail center, the visual impacts of the lower tower and equipment will be controlled as much as possible, and the communication function serves a needed public service. Attachments: Location Map Conditions of the SUP Site Plan and Details Applicant's letter reflecting compliance with requirements of the ZO Requirements of the ZO for Telecommunications Towers Photographs of the site and comparable towers Notification List and Map, with Responses inilliMUMUI ) BA ruin _ ...:4,. ..__, _or...I _ . ‘0,-,,,. 11_11 .r1111I I11I�� .,. �, 0• �,% ti-t;I- i' .77.1 -------------------- - ------ -----.-----1- . A.S „ i 1 1 , . , x /..1 . . „,,,,...... ....0,,44...... , J ., ...,), 1111111111116,i ..-..i.,t,..., »- ,,,,,<A_„ II. :,:-_- 1 .., `'\,/may.SVI" ; C u ji t' .,' Subject l Hit i, j 111 El Property .,��i i ( r ___� Hi__ Ill - - IF M 7�11) ; ilc.- - i i i i �• r t . ' I 211 1, r- -' .j``' ----J 1. 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MANHOLE c SA U EXISTING OVERHEAD -�x x21 POWER LINE OW_ — '�x � .. ^ g. x e.. .. �fO_ — r a -_f�l n rt/ry>r a I �7 D 20 WT.,.2003 nal Mgt E DA 1547-22.41•1 ENLARGED SITE PLAN , ~r- jSCALE:N.T.S. i Z—2 E M • EXISTING 2 STORY I*i., APARTMENT BUILDING EXISTING RAILROAD T EXISTING COMMERCLAL METAL BUILDING • COOPER DRIVE DEED CALLS • ---__------ 7 ----_. /�i EXISTING FIRE HYDRANT / /� LOT 3, E 1 // \ BLOCK A o 1 EXISTING SINGLE / 1 WYLIE INDUSTRIAL a ' COMMERCIAL BRIT / 1 PARK w / \ u f 1 0 LOT 4, BLOCK A f \ I �O 1,3 I WYLIE INDUSTRIAL f \ e m CS- PARK f 1 -c w 1 REM. OF LOT 2, \ u o - f NEW (2) 12'x16' u. NEW T-MOBILE EXISTING f BLOCK A PARKING SPACES/ p 25.-0"x25.-0" COMMERCI 1 WYLIE INDUSTRIAL TURNAROUND AREA PARK L. LEASE AREA FOR 7 f v� 1 OUTDOOR EQUIPMENT / O fI \\ W/ 6'-0" HIGH u 1 �� CMU WALL Et j o 1 « �'/ f w PART OF LOT 2) Q L o BLOCK A \ Illit- NEW 150'-0" MONOPOLE 0 f 1 WYLIE INDUSTRIAL\\ W/ (9) NEW PANEL ANTENNAS H (� L _ PARK 1 w ,r► (3) ACTIVE ANTENNAS PER SECTOR 1 SECTOR A, 0' 0 147'-0` RAD CENTER 1 --1 JIL':�%vti SECTOR 8, 120' 0 147'-0" RAO CENTER 8 \ . '�'� I _ _ SECTOR C, 240 0 147'-0' RAO CENTER • , ,`, EXISTING CAS METER _ € 25'-0"X 1 EXISTING POWER POLE 'n W/ TRANSFORMER _ AND DEMARC 10'_0- EXISTING FENCE N EXISTING MANHOLE n . EXISTING a COMMERCIAL c AREA. 1 c EXISTING WALGREEN BUILDING . e a is gi ri W. FM 544 I 8 i 0 0 s SITE PLAN OD I SCALE: N.T.S. KNEWT-MOBILE ANTENNA PLATFORM W/ (9)AN ANTENNAS PER NEW SECTOR ANTENNAS (3) ACTIVE SECTOR A, 0' 0 147'-0" RAO CENTER SECTOR B, 120' 0 147.-0" RAD CENTER SECTOR C, 240' 0 147.-0" RAD CENTER It 111 \-- FUTURE ANTENNAS I FOR OTHER CARRIER 1 i, , FUTURE ANTENNAS FOR OTHER CARRIER cc W W J s- a• W O U Z 2 O O 6 Co t o Z z I- W -i O 0 m • 0 O 1 I f- N 0 • NEW 12'-0" WIDE ORNAMENTAL NEW 150'-0" WROUGHT IRON GATE MONOPOLE NEW 8'-0. HIGH (BY OTHERS) SECURITY CMU WALL FENCING NEW 24" WIDE PER CODE CABLE BRIDGE EXISTING BUILDING NEW NORTEL EQUIPMENT EXISTING FENCE NEW MARCONI PPC CABINET MOUNTED ON NEW H-FRAME iiifiii i q'R6 i w��r.. 001441101111144112 NEW VERTICAL PIER I f • NEW 16.-0"x8'-0" STEEL PLATFORM FOUNDATION (BY OTHERS)J t "�"'"� FOR OUTDOOR EQUIPMENT NORTH ELEVATION 410 SCALE: N.T.S. January 26, 2004 Claude Thompson City of Wylie 2000 Highway 78 North Wylie, TX 75098 RE: Telecommunications tower submittal: The following are comments to address the additional provisions for telecommunications towers as seen in the City of Wylie Use Regulations. (1) Site plan is enclosed. (2) Tower height exceeds 120 feet but was recommended to be so due to the possibility of multiple carrier capability. (3) The proposed tower is not within a 3:1 ratio of residential districts. (4) There are no other towers within 5,000 feet that meet the needs of the radio frequency engineered objectives. (5) There are no guy wires for this structure. (6) The enclosed plans show the compound to be a 8-foot CMU wall. (7) There are no buildings being constructed for this proposal. (8) All T-Mobile sites are built to FCC and FAA standards. (9) The enclosed drawings show the pole to be a 3-carrier pole. (10) The proposed pole tapers from base to top of pole. (11) No additional signage or lettering will be included aside from FCC registration. (12) All T-Mobile poles are built to current engineering standards. (13) The chosen location of the proposed structure is a commercial and industrial area • to minimize impact to residential areas. (14) No lighting has been deemed necessary by the FAA. (15) All changes, if any, will be run through the City of Wylie and meet current building code. (16) T-Mobile has no issue with the removal clause of the code if inactive for greater than 1 year. Dave Kirk, AICP Zoning Manager T-Mobile USA, Inc. 11830 Webb Chapel Rd # 5000 Dallas Texas, 75234 leZoning Ordinance I4: 'Telecommunications Tower. a. Definition: Telecommunications tower means a structure more than 10 feet tall,built primarily to support one or more telecommunications antennas. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: Two spaces. d. Required Loading:None e. Additional Provisions: All permitted districts: (1) A site plan is required for all telecommunications towers. Site plan review shall include the following provisions in (2)through(16), below. (2) Tower height, including antenna array, shall not exceed 120 feet. (3) Telecommunications towers shall not be located closer to a residential district than 200 feet or a 3 to 1 distance to height ratio, whichever is greater. (4) New telecommunications towers must be a minimum distance of 5,000 feet from another telecommunications tower. (5) All guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear,or side yard setbacks and no closer than 5 feet to any property line. (6) The base of the tower shall be enclosed by security fencing at least 8 feet high. (7) Equipment buildings shall be similar in color and character to the main or adjoining building or structure or blend with the landscape and other surroundings immediately adjacent to it and be screened by a masonry wall. (8) The tower shall be erected and operated in compliance with current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards. (9) A telecommunications tower shall be: (a) Used by a minimum of 3 or more wireless communications providers; or (b) Designed and built so as to be capable of use by 3 or more wireless communications providers, including providers such as cellular or PCS providers using antenna arrays of 9 to 11 antennas each within 15 vertical feet of each other with no more than 3 degrees of twist and sway at the top elevation. The owner of the tower and the property on which it is located must certify to the City that the antenna is available for use by another wireless telecommunications provider on a reasonable and nondiscriminatory basis and at a cost not exceeding the market value for the use of the facilities. If the property on which the tower is proposed to be located is to be leased,the portions of the actual or proposed lease that demonstrate compliance with the requirements of this paragraph shall be submitted with the zoning application. (10) All towers shall be of a tapering monopole construction, except that another type tower shall only be allowed upon a showing that it would cause less visual impact on surrounding property than a similar monopole structure. (11) No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. (12) Telecommunications towers shall be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent EIA-222 standards and prior to issuance of a building permit the Building Official shall Adopted November 2001 ARTICLE 5-.USE REGULATIONS Page 135 • Amended September 2003 leZoning Ordinance be provided with an engineer's certification that the tower's design meets or exceeds those standards. Guyed towers shall be located in such a manner that if the structure should fall along its longest dimension, it will remain within property boundaries and avoid habitable structures, public streets,utility lines and other telecommunications towers. (13) Telecommunications towers and equipment buildings shall be located to minimize their number,height and obtrusiveness, to minimize visual impacts on the surrounding area, and in accordance with the following policies: (a) The height of towers and monopoles shall have the least visual impact and be no greater than required to achieve service area requirements and potential colocation, when visually appropriate. (b) The selected site for a new monopole and tower provides the least visual impact on residential areas and the public rights-of-way. Analyze the potential impacts from other vantage points in the area to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility. (c) Site telecommunication facilities to minimize being visually solitary or prominent when viewed from residential areas and the public rights-of-way.The facility should be screened by vegetation,tree cover,topographic features, and buildings or other structures to the maximum extent feasible. (d) Place telecommunication facilities to ensure that historically significant landscapes are protected.The views of and vistas from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunication facilities. (e) A variance may be granted to these policies for a telecommunications tower when it is determined that such a variance better accomplishes the polices set out in this subsection than would a strict application of the requirement. Such variance shall be no greater than necessary to accomplish those policies. (14) No signals or lights or illumination shall be permitted on a monopole unless required by the Federal Communications Commission, the Federal Aviation Administration,or the City. (15) If any additions, changes, or modifications are made to the monopole,the changes shall comply with all of the above requirements for new towers and shall demonstrate, through the submission of engineering and structural data,that the addition,change, or modification conforms to structural wind load and all other requirements of the current Building Code. (16) Telecommunication towers which have not been used for a period of one year shall be removed from a site. The last telecommunication service provider to use a tower shall notify the Director within 30 days that use of a tower has been discontinued. Page 136 ARTICLE 5—USE REGULATIONS Adopted November 2001 Amended September 2003 mt�"k r$n W imun 4 0o1werT-Mobile Telecom - 713 Cooper Drive e- ZC- 200 ,, t' � a a i ; r �y k�w � 1e }� y r� < 4 ,,„4f""I"6 Y� y e., • t( i r q — L IZTI� — . m ;c.rA;,«,�mtYm Mi e.+»�h ,.eM � "W(."Ain`rrr•'k A....d ;LY4 _ a _ 4> }MM L View of subject site looking towards State Highway 78 and FM 544 intersection. ., � 1 v 1 x ^" �l 3�.!f t x" I ' "f�y � i , � {� kxr -. -:. f f�''y :l? �? "'x�J °+ �'1rY��' �-� ,' ��rbi�l�� c Hi' i Si ', _ -' .a- ' .• R q 7 } f r. '•s I .& f<i •iy,', �-.,`lkk'fir T.t F c71, it' t� + +,,.'�C k ^C �f'� _ �} � ''°'''�'x"'v $»Y-.�„ f c� 's :, >F�. e �� ti_rt"�J''x^��x yes y i 1� ,'•. p"J, 9 15 .,- L g F� `'� 7 y '> s > t 4� r 1. SZf, aS' i� ''t c ,a. Itn 4 g '1„ ,7."y'{ ''."-3 o : ':'fi 4t' R*_ x�y,"}'•. yay;..t - `1 4,0V,.i. �h f'�' ": 'r a r Sp apv ': d 1' ;. 3 x 'o �st.},a- y,its e�0i at .0 d..' -�, r -° r � 7 '°2. 11rei r r: K� �' _ Mom' •+ -,_ . � ta -`.a t `- 0.4.. ` -- _.__.:1fl View looking towards subject site on Cooper Drive from State Highway 78. T-Mobile Telecommunications Tower - 713 Cooper Drive ZC- 2004- 01 'f�+a e;s iz x' �„ . � � . 9 3' R i 4 F H Y e Y S 'Syy �,{"4 �T3�`.3`r' yy-�{is y .� ice✓'•sr raL �x .ter �, ^'� '�Ta r .e, 17',�3' '[ �' s440•'?.,7v-e;-- -::_ "° 15J 'S •,rt-s kF .,•, yr t" _ �.ry��� a4 v�rr9ls���•k r $ . tirr x a .x �„ �.a } i (ur��"e z` srr ,k t �' 3 °�, '�'�� tf.�,i,K �` y` . � �sY ���h d i t�5 �` '''..f+. v"y 5^�+ `&f e»t+�� Y g Y �,.Ft rx .., `�9� r r z qg Y�• n dY t.y-,t ^*ra ) 1 '� '� {.. }C Atj xr.. `t r 4, r v C+.m P r r yi,,' i f Ct'r" s x3 r4 . i '�3t`l{�p -,,;,.,,A" .....;.+F ...icy•kr{ '�..�w. �.'.�,rrA.`�� :. 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W,C}; t ... .r ;''"� y+s ', Ire a r r a .p' 'v a r ../ i ' i, llt _-- - 1,ith'I '1 Triangular truss steel tower located on Eubanks Street for comparison to monopole tower construction. NOTIFICATION REPORT APPLICANT: Dave Kirk of T-Mobile APPLICATION FILE #2004-01 11830 Webb Chapel #5000 Dallas,Texas 75234 I # I BLK/ABST I LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME -I ADDRESS I Applicant 1 1830 Webb Chapel #5000 1 Dave Kirk of T-Mobile Dallas,Texas 75234 RR1, Box 269 X Wylie Industrial Park 2 Blk A Lot 1 R-1180-001-0010-1 Ronald Dow Scroggins,Texas 75480-7101 Wylie Industrial Park 304 N.Yale Blvd. 0 3 Blk A Lot 2A R-1 180-001-002A-1 Jerry Randack Ill Richardson,Texas 75081-3927 Wylie Industrial Park RR1, Box 269 4 BIk A Lot 2B R-1 180-001-002E-1 Ronald Dow Scroggins,Texas 75480-7101304 N.Yale Blvd. Wylie Industrial Park 5 Blk A Lot 3 R-1 180-001-002A-1 Jerry Randack III Richardson,Texas lvd.75081-3927304 N.Yale Blvd. © Wylie Industrial Park 6 Blk A Lot 4 R 1180 001 0040 1 Jerry Randack III Richardson,Texas 75081-3927 N.Cave Creek Road,Apt. 16 Wylie Industrial Park Phoenix,Arizona 85024-4408 /}�� 7 Blk A Lot 5 R-1180-001-0050-1 Maxine Mc Masters 1 1 1 Spence Drive Wylie Industrial Park Wylie,Texas 75098 8 Blk A Lot 18A R-1 180-001-0170-1 Daniel Ross • PO Box 1300 Wylie Industrial Park X 9 Blk A Lot 19 R-1180-001-0190-1 JCM Properties pp Wylie, gox Texas 0 75098 Wylie Industrial Park 00 8 10 Blk A Lot 20 R-1 180-001-0190-1 JCM Properties Wylie,2000 West Loop Texas S, 5009 1080 78 Corner Addn 11 Blk A Lot 2R1 R-5138-00A-02R1-1 LSI 78 Corner LP Houston,RR1, Box Texas 77027-3512 269 • X 12 Abst. 820 Tract 37 R-6820-000-0370-1 Ronald Dow Scroggins,Texas 75480-7101 13 14 e); -0K 15 X kAdf4ST 16 17 1 M I Wg1'‘C Irldu4r(a 11trk 1 / 16 14 13 12 i1 7A : / 0 • Drive 18,8 I . , . „. .-----___________( .., 1 3 4 5 6 19 2 6 X - - ° ° 'Wit: . X 2'A .. •.,.Nc--,-, o :i 20 ' --- . - Y. 1 A I I A•a23 7x -= I CD I o `. o I 0 .. \,fig COrVY- �Idw . . . \ X .---- /6.4Atii46-1. \ / 1-_____ 0 z--- ().K \ 11�_ �0Q , ZONING CASE #2004-01 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-01. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-01. Date,Location&Time of Planning&Zoning Commission meeting: . Tuesday,March 2,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,March 23,2004, 6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas A/liei-zil1 Name: a,_a,_in(please int) Address: / [(i, /Z 66 7 7 S 1 i Signature: / ' '' L ; ./ilk, u - , . , Date: 6 4 - (/ COMMENTS: - PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-01. I am AGALNST the requested zoning as explained on the attached public notice for Zoning Case#2004-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 2, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location_&Time of City Council meeting: Tuesday, March 23,2004,6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: in A�XIJ � S (please print) Address:2 Signature: Date: Xe /3 t y COMMENTS: �� 7 • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 2, 2004, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,March 23,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 0-e i l Tfi, -1-A/eY5 (please print) Address: _ se � "` ` ' • Signature: 6 Date: " V-o COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 V I am FOR the requested zoning as explained on the attached public notice for ZoningCase #2004-01. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-01. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 2, 2004, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,March 23,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas "� [J /c: / ,/ 3 Name: e.',e y F. l e -1� a �. (-!C (please print)] Address: 0 I (' •\1l c' - cl c e C t r. \d i 1 i Tx 37 5 o di p Signature: �/� Ai a a� Ll Date: f e.1-,. /U J ta C) C) 7 COMMENTS: -E-- e c2- I :Ir.- irL e c lAJ ► I 1 p r a V I G e,4- 1. tom, �� w � 5 s , - V.. v ; C C- i : .. , .4- t i,, : I ( be vt ; c( -4--0 b e mot_ /U I -v •� c e i v e b e- . e 17 U K O -c. Y Ceti piUigcps / p ,, 5 7 c&. 6 I e / 0 C ty t-"/ 0 i'. r (, r C-0 L Yt. // 4 Q 'f Q C 1,7 L. 0-v-C. C'e � S w3llv.. 1i` J