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10-06-1998 (Planning & Zoning) Agenda Packet Planning z • ng Commission arv � w,aia R egular Business Meeting October 6 , 1998 AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 October 6, 1998 7:00 p.m. CALL TO ORDER INTRODUCTIONS New Members CONSENT AGENDA 1. Consider and Act Upon Approval of the Minutes from the September 21, 1998, Regular Business Meeting. PUBLIC HEARINGS 1. ZC.No. 98-11: Hold a public hearing and consider a recommendation to the City Council regarding a request from Zlan, Ltd., for approval of a Temporary Specific Use Permit (SUP) for a Commercial outdoor amusement (proposed driving range) on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion(9 acres) of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded in Volume 2612, Page 605, Deed of Trust Records of Collin County, Texas. ACTION ITEMS 1. Discuss and Consider a recommendation to the City Council regarding a Final Plat for the Lakeside Estates Phase I addition, proposed by Carter and Burgess, Inc. for Vista Oaks Development, generally located along the north side of the railroad at the northwest corner of FM 544 and Springwell Parkway(Marshall Lane), and being all of a certain 39.529 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. CITIZEN PARTICIPATION STAFF REPORTS ADJOURNMENT arYNX.9—lt Posted Friday, October 2, 1998, 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. City of Wylie Consent Agenda Item No. 1 Planning and Zoning Commission Regular Business Meeting: October 6, 1998 Consent Item No. 1 RE: Approval of the Minutes from the September 21, 1998, Regular Business Meeting. 1. Consider approval of the Minutes from the September 21, 1998, Regular Business Meeting. Please note any changes or additions which need to be made. MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting September 21, 1998 7:00 P.M. A quorum was present and a notice was posted in the time and manner required by law. Members Present: Staff Present: Steve Ahrens, Chairman Tobin Maples, Planning Director Sharon Dowdy Carrie Smith, Secretary Donna Edge Eric Hogue, Vice Chairman Julie Schmader Cecilia Wood CALL TO ORDER The meeting was called to order at 7:00 P.M. by Chairman, Steve Ahrens. CONSENT AGENDA 1. Approval of August 17, 1998, Regular Business Meeting Minutes. Corrections -None. Motion: A motion was made by Eric Hogue, Seconded by Cecilia Wood to approve the August 17, 1998, Regular Business Meeting Minutes. Motion Carried - all in favor (6). PUBLIC HEARINGS 1. ZC. No. 98-11: Public Hearing and consider a recommendation to the City Council regarding a request from Zlan, Ltd., for approval of a Temporary Specific Use Permit (SUP) for a Commercial outdoor amusement(proposed driving range) on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion(9 acres) of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded in Volume 2612, Page 605, Deed of Trust Records of Collin County, Texas. Minutes-Planning and Zoning Commission September 21, 1998,Regular Business Meeting Page 1 Tobin Maples Update: The applicant is requesting a Temporary Specific Use Permit (SUP) on 9 acres, currently zoned B-2 (Business) and is partially developed with business uses. The property to the north is partially developed, zoned B-2, the property to the east is vacant, zoned B-2, the property to the south is vacant, zoned A (Agricultural) and the property to the west is partially developed with SF-1 (Single Family), zoned A (Agricultural). Eleven (11) public comment forms were sent out and one (1) was returned is support of the request. The Comprehensive Plan does recommend retail, commercial, and business uses for this property. Section 23 of the Comprehensive Zoning Ordinance defines a golf range as a commercial outdoor amusement and requires a Specific Use Permit (SUP). The applicant is requesting a Temporary SUP to get his business up and running as soon as possible. The Temporary SUP will be good for up to 18 months. The applicant will be required to seek permanent zoning and a permanent SUP prior to the end of the 18 months. Should the applicant fail to do so, the temporary SUP will no longer be in effect and all activities would have to be discontinued. The sight plan indicates 450 feet of 50 foot netting along Brown St. and approximately 700 feet of 40 foot netting along FM 1378 and the property line to the north. The netting will be on private property with a set back of 20 feet, attached to wooden telephone poles. The applicant has proposed seven(7), 45 foot lighting poles. Staff is recommending the luminance area to be added to the plat to make certain they will not be encroaching on any other property. The sight plan indicates a concession stand may be built on the southeast corner of the property. The applicant is aware that the property must be platted prior to the construction of that building. The off street parking calls for a minimum of 30 spaces according to city standards. Staff is recommending approval, subject to the construction approval of the off street parking. Discussion The current parking has not been permitted through the city,the parking will have to be brought up to City standards. A Temporary SUP does not have to be granted for the full 18 months. Applicant - George Spencer, Zlan, Corp. 1615 W. Brown Street. Mr. Spencer noted the site plan and the plat has been done, but is not official yet. Don Jackson and Associates is working with Zlan. (He handed out a copy to all of the Commissioners to refer to.) Minutes-Planning and Zoning Commission September 21, 1998,Regular Business Meeting Page 2 The netting will be changed to 300 feet of 50 foot and 1200 feet of 40 foot that basically wraps the entire course. Mr. Spencer referred to other golf ranges without any netting, and stated the netting was basically to save balls. Mr. Danny Hughes, pro golfer, is with him this evening. The setback of the netting along FM 1378 is 20 foot, but the property to the north will have a 10 foot setback. He has spoke with the property owner. There are three (3) lights in the area. The primary light is a concern for traffic and will have a diffuser that will point directly down to the green. The netting is a triple type net with a 5 year warranty. The net is one continuous net special made for Zlan. The tee boxes and sod have been put down today. Putting greens, landing sites, target greens are complete. This is actually a pro practice area, people come to learn to play or pro's practice. All greens are PGA size greens. They are awaiting permission to build the building and put up the lights and netting. The City sewer system is in the area at this time and the restrooms on the east end of the building will be used. The Commission is concerned with all the work that has already been done prior to coming to the Commission. The hours of operation will be day and night,what is permitted by the City. There will not be any outside speaker system. The concessions stand has been ordered and is planned to be put up within the month. There will be minimum retail sales (golf equipment, barbeque, hats and shirts). There will be a small pro shop. Poles and lights will be delivered and put up this week. Netting height has to do with ball recovery and not traffic. Mr. Spencer and Mr. Hughes feel very confident that no one call hit a ball over a 40 foot net more than 275 feet. They used charts, graphs, and the installers to come up with their netting sizes. Mr. Spencer feels that the netting will be the liability of the owner, not the City. Danny Hughes handed out a chart used to determine the height of the netting. The range will be closed when the wind is blowing. The north and south area is 300 feet wide. The tee box area is 210 feet wide. The metal building will be placed 175 feet from the road and the putting tee is 4 feet high and Minutes-Planning and Zoning Commission September 21, 1998, Regular Business Meeting Page 3 separates it from the road. 20 x 30 building with a 20 x 30 patio area. The building will have to be permitted through the city. This building will be an accessory building and will be exempt from the masonry requirements. The main building will have to be brought up to code if he does any retail sales. The property will need to be platted prior to the building being placed on site. There are no plans of a sign at this time. This project is completely handicap accessible. The office and all golf associated activity will be in the small metal building, not the main Zlan building. Public Hearing: Billie Jo Swaner, 102 Tanglewood. Zlan will still operate. Tobin Maples stated that Zlan has been written a letter from the City that all the work they have done is at his sole risk. Commission Discussion Mr. Spencer believes the lights will be Mercury Vapor. Cecilia wants the hours of operation to be limited. Any recommendation and condition the Planning and Zoning Commission and City Council make can be placed on a SUP. The netting height is a concern. Overtime other golf ranges have found that they have had to raise their netting height. Motion: A motion was made by Julie Schmader, Seconded by Cecilia Wood to recommend denial to the City Council. Motion Carried - 4-2. 2. ZC. No. 98-07: Public hearing and consider a recommendation to the City Council for a request from Pat Atkins for approval of a zone change from R (Retail), B-1 (Business), and MF (Multifamily) to PD (Planned Development) for single family residential uses for the property generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a 45.37568 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Tobin Maples Update: Minutes-Planning and Zoning Commission September 21, 1998,Regular Business Meeting Page 4 Sixty-four public comment forms were mailed and none returned. This request is compatible with the comprehensive plan and surrounding uses. The applicant is requesting a PD (planned development) and is requesting one variance. They are requesting 10 foot between structures and 15 foot for side yards adjacent to a side street. The required setback For SF-3 is not less than 6 foot on each side of the lost and 20 foot for side yards adjacent to a side street. Section 5.01 C of the Subdivision Regulations requires that every subdivision must have two meant of entry. We are recommending that not more than 20 percent of the lots should be permitted prior to secondary access being provided. Parks Board accepted payment in lieu of park land dedication. The applicant has proposed a minimum dwelling size of 1600 square foot. The minimum dwelling size permitted is 1100 square foot. The property will have to be replatted prior to the issuance of building permits. Staff is recommending approval, subject to no more than 20% of the lots shall be permitted prior to secondary access being provided. Discussion The 15 foot on side yards refers to the corner lots. The secondary access will be Springwell. Riverway will be the primary access. Pat Atkins, Tipton Eng. - The variances are consistent with the other phases. WISD has submitted the contracts for the school site. Lots along the school site will have 6 foot fence screening. Public Hearing Support of.... Billie Jo Swaner, 210 Tanglewood. Motion: A motion was made by Eric Hogue, Seconded by Sharon Dowdy to recommend approval to City Council. Motion Carried - all in favor (6). Minutes-Planning and Zoning Commission September 21, 1998, Regular Business Meeting Page 5 ACTION ITEMS 1. Make a recommendation to the City Council regarding a Preliminary Plat/Development Plan for Phase III of Sage Creek,proposed by Pat Atkins for Paramount Development, generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a 45.3768 acre tract out of the Moses Sparks Survey,Abstract No. 849, City of Wylie, Collin County, Texas. Tobin Maples update: This is the development plan for the concept plan just approved. This plat is found to be in compliance with the concept plan except for the right of way (ROW) dedication. The ROW is shown as a permanent roadway easement along McCreary Road. Should the Commission recommend approval, said easement needs to be dedicated to the city as right-of-way for McCreary Road as shown in the Thoroughfare plan. Staff is recommending approval with the stipulation of 20 % build out for secondary access and two calendar years beginning with the date of adoption of this ordinance. Discussion The 15 foot drainage on the west side of the property will drain underground into Muddy Creek. The homes on Glenlake Circle and Bayou Court will have a 25 foot separation between the home and Riverway . Motion: A motion was made by Cecilia Wood, Seconded by Julie Schmader to recommend approval to City Council with these items being noted, not more than 20% build out prior to building the secondary access or two calendar years, right of way dedication to the city, and screening all the school site. Motion Carried - all in favor (6). 2. Recommendation to the City Council regarding a Final Plat for the Sage Creek Phase I Addition,proposed by Pat Atkins for Paramount Development, generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a certain 45.3768 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Tobin Maples Update: The applicant if final platting approximately 40.50 acres to develop 94 single family lots. The development will incorporate one city park, a community park, and three small open space lots. Minutes-Planning and Zoning Commission September 21, 1998,Regular Business Meeting Page 6 The city park will incorporate soccer fields and off-street parking for the general public. The community park will incorporate a recreation center and off-street parking to be utilized and maintained by the Home Owner's Association (HOA). The three small lots (Lots 54 & 55, Block B and Lot 8, Block C) will be maintained by the HOA. Staff has reviewed the final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for off-site easements. Specifically, the applicant intends to utilized off-site easements to the west and north in order to provide storm and sanitary sewer provisions for this development. Staff recommends that the applicant forward copies of said easements to Community Development and City Engineer prior to being scheduled for hearing by the City Council. The applicant is aware and have assured staff this will be done. There are a few calls on the face of the plat that will need to be corrected, prior to the City Council meeting, to match the calls on the legal description. Staff is recommending approval, subject to the off-site easements and correcting the calls on the plat. Discussion The engineer has received a copy of the off-site easements. Applicant: Pat Atkins, Tipton Engineering This is the first phase of three. Greg MacLean, City Engineer does have the off-site easements. There is not any soccer fields on the phase. Lot 8-C will be turned over to the HOA. This property could be used for the pool, cabana, playground, recreation center, basketball courts. HOA will pay fees when they purchase their home in the subdivision. The second access will be Springwell Parkway. Lots 54, 13, and 14 are pockets that will be maintained by the HOA. The HOA will be controlled. Motion: A motion was made by Eric Hogue, Seconded by Sharon Dowdy to recommend approval to City Council subject to the applicant providing copies of all off-site easements. Motion Carried - all in favor (6). Minutes-Planning and Zoning Commission September 21, 1998,Regular Business Meeting Page 7 3. Make a recommendation to the City Council regarding a Preliminary Plat for the Harvest Bend Addition, proposed by Douphrate and Associates, Inc., generally located at the southwest corner of FM 2514 and Dog Drop Road and being all of a certain 16.256 and all of a certain 20.042 acre tract out of the W.D. Penny Survey, Abstract No. 696, City of Wylie, Collin County, Texas. Tobin Maples Update: The preliminary plat under consideration is for the Harvest Bend subdivision. The applicant is preliminary platting approximately 36 acres of land. The property is currently vacant, unplatted, and zoned single family. Staff has reviewed the proposed preliminary plat and found it to be in compliance with the subdivision Regulations and other pertinent ordinances of the City of Wylie. The only item of concern is the applicant will be required to have screening along any major Thoroughfare. The screening will be maintained by the HOA. Discussion There will have to be an agreement made with T.U. electric prior to final plat for the use of their easement. Applicant: Dub Douphrate and associates. The correction will be made to the live screening wall. The home owner will be responsible to replace and maintain any of the Red-tip Photinia. The adjacent commercial property will be required to screen as well. The T.P. &L right of way will be maintained by T.P. & L. Ann's Lane will eventually meet up with Parker Road. Motion: A motion was made by Julie Schmader, Seconded by Eric Hogue to recommend approval to City Council, subject to staff recommendations. Motion Carried - all in favor (6). 4. Recommendation to the City Council regarding a Final Plat for the Lakeside Estates Phase I addition, proposed by Carter and Burgess, Inc. for Vista Oaks Development, generally located Minutes-Planning and Zoning Commission September 21, 1998, Regular Business Meeting Page 8 along the north side of the railroad at the northwest corner of FM 544 and Springwell Parkway (Marshall Lane), and being all of a certain 39.529 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Tobin Maples Update: The final plat under consideration is the Lakeside Estates Phase I addition. The final plat is for approximately 39 acres to develop 146 single family lots. The development will incorporate one city park and one community park. The city park will incorporate soccer fields and off-street parking for the general public. The community park incorporates a cabana, swimming pool, and off-street parking to be utilized and maintained by the HOA. Staffhas reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except of off-site easements. The applicant intends to utilize the off-site 20 foot to west and 40 foot to north temporary drainage easement, during the construction phase of this development. Staff recommends that the applicant forward copies of said temporary easement s to the Community Development Department prior to being scheduled for hearing by the City Council. The applicant is aware and has agreed. The construction plans indicate that the storm drainage for the property to the north, which belongs to Paramount Development, Pat Atkins group, will be redirected accordingly when it is developed and therefore not affect the integrity of the development on this property. We recommend we have a copy of this agreement prior to being scheduled for hearing by the City Council. The applicant is aware and has agreed. The applicant is aware that the PD zoning encompassing this property stipulates that secondary access shall be required for the development at the point of one of the following three events occurring: 1. 50 % of the lots are permitted for development. 2. Submit of any additional phases within the original Lakeside Estates. 3. Two calendar years beginning on January 27, 1998. The applicant is aware that all impact and development inspection fees must be paid prior to a request for the final plat to be placed on the City Council agenda for "Approved for Construction". Staff is recommending approval, subject to the applicant providing copies of all off-site easements and applicable development agreements. Minutes-Planning and Zoning Commission September 21, 1998,Regular Business Meeting Page 9 Discussion The railroad will be responsible for the railroad crossing. Applicant is Matt Robinson of Carter and Burgess, Dallas. The fifty foot landscape buffer and drainage easement will be have landscaping and a drainage channel. Carter and Burgess is not aware of any type of berm. The open drainage will be 4 feet deep. The HOA will be responsible for maintaining the drainage. There are two culverts under the railroad that requires this channel. There will not be a fence between the channel and buffer area. There will be a fence around the swimming pool. Motion: A motion was made by Eric Hogue, Seconded by Cecilia Wood to table to the October 6, 1998 P&Z meeting. Motion Carried - all in favor (6). 5. Recommendation to the City Council regarding a Final Plat for the Twin Lakes Phase II addition proposed by Corwin Engineering, Inc., generally located at the northeast corner of South Ballard Street and Alanis Drive and being all of a certain 34.639 acre tract out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Tobin Maples Update The final plat under consideration is the Twin Lakes Phase II addition. The applicant is final platting approximately 34 acres to develop 110 single family lots. The property is currently vacant, unplatted, and zoned SF-1, SF-2, SF-3. Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for thoroughfare screening and block length. Specifically, Section 5.03 of the Subdivision Regulations states that where subdivisions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at their sole expense. The plat under consideration incorporates a ten foot wall maintenance easement along the rear property line for Lots 1-10, Block J,and Lots 8 and 9, Block F. Staff recommends that the applicant extend said easement across the back of Lot 11, Block F, and clarify the type, size, location, and maintenance responsibility for all required screening. Said clarification should be provided by adding a note to the plat accordingly. Section 5.02 D (2) of the Subdivision Regulations state that the block length in residential areas shall not exceed 1,200 feet. The applicant is requesting a variance to this requirement as the Minutes-Planning and Zoning Commission September 21, 1998, Regular Business Meeting Page 10 length for Block H is 1,280 feet. The applicant has called out said variance with a note along the bottom edge of sheet 1. Staff recommends that said note be relocated accordingly to the note section located in the lower left corner of sheet 1. The variance being proposed is consistent with the preliminary plat approved for this development. Staff is recommending approval, subject to the applicant adding the screening note and' relocating the block length variance note accordingly. Motion: A motion was made by Eric Hogue, Seconded by Cecilia Wood to recommend approval to City Council. Motion Carried - all in favor (6). CITIZEN PARTICIPATION The workshop with City Council will be rescheduled to a Special Called Meeting. Orientation will be put off until the new commissioners are appointed. Donna Edge announced her resignation, effective immediately. Mindy Manson will conduct the October 6, P &Z meeting. ADJOURNMENT Motion: A motion was made by Eric Hogue, Seconded by Cecilia Wood to adjourn. Motion Carried - all in favor (6). Minutes-Planning and Zoning Commission September 21, 1998,Regular Business Meeting Page 11 rt/I. ty of Wylie Public Hearing Item No. 1 98-11 Rezoning Planning and Zoning Commission Public Hearing: October 6, 1998 Owner/Applicant: Zlan, LTD Attn: George A. Spencer Location: Generally located at the northeast corner of Brown Street and FM 1378 Existing Zoning: B-2 (Business) Requested Zoning: Temporary Specific Use Permit (SUP) for a driving range Summary: The applicant is requesting a temporary Specific Use Permit (SUP) on 9 acres in order to develop the property with a golf driving range. Currently the property is zoned B-2 (Business) and partially developed with business uses. The property to the north is zoned B-2 (Business) and developed with business uses. The property to the east is vacant and zoned for B-2 (Business) uses. The property to the south is vacant and zoned for A (Agricultural) uses. The property to the west is zoned A (Agricultural) and partially developed with single family homes and the city's new fire station. Public Comment Forms were mailed to eleven (11) property owners within 200 feet of this request. One (1) Public Comment Form in support of the request has been returned. Department of Planning, 09/30/98 98-11 Issues: • The Comprehensive Plan recommends retail, commercial, and business uses for the property. The proposed land use is consistent with the Comprehensive Plan. • In every zoning district, certain specific uses are allowed when granted in accordance with Section 23 of the Comprehensive Zoning Ordinance No. 85-23A. In this particular case, the applicant must obtain a Specific Use Permit (SUP) due to the fact that a golf driving range is defined as a commercial outdoor amusement (Section 33.22 of the Comprehensive Zoning Ordinance No 85-23A). • In an effort to open the golf driving range as soon as possible, the applicant is seeking a temporary specific use permit in accordance with Section 23.2 (7) of the Comprehensive Zoning Ordinance No 85-23A. Specifically, in some cases, a temporary specific use permit may be issued with the approval of the Planning and Zoning Commission and City Council for a period not to exceed eighteen(18) months. Should the Council approve the request for a temporary specific use permit (SUP), the applicant will be required to seek permanent zoning prior to the expiration of said temporary specific use permit. Also, the applicant is aware that approval of a temporary specific use permit does not establish permanent zoning and that it is his responsibility to request permanent zoning within eighteen(18) months. Should permanent zoning not be established prior to the expiration of an approved temporary specific use permit (SUP), all activity associated with the golf driving range temporary use shall be discontinued upon said expiration. • The applicant is aware that a minimum of thirty(30) off-street parking spaces must be provided and that improvements associated with creating said parking must be approved by the Community Development Department. • The applicant is aware that the property must be platted prior to the issuance of any building permits. • Specific development standards associated with this request are as follows: 1. The applicant intends to screen the majority of the property with netting. Specifically, the attached site plan indicates fifty(50) foot high netting parallel to Brown Street and forty (40) foot high netting along FM 1378 and the northern property line. All netting will be located on private property, attached to wooden telephone poles, and setback twenty(20) feet from the property line. 2. In order to light the facility the applicant is proposing seven(7) forty-five (45) foot high light poles. Staff recommends that the applicant verify the illumination area and add a note to the site plan documenting said information. Department of Planning, 09/30/98 3. The site plan indicates that a structure may be built on the southeast corner of the property. The applicant is aware that the property will have to be platted prior to issuance of permits for any new structural development. Also, the applicant is aware that the proposed structure is not an accessory use to the existing business and, therefore, may be subjected to any development standards the Commission recommends and Council imposes. 4. The applicant is aware that if it is his desire to change the use of the property, including adding retail sales activity at this location, application for a new C.O. must be made prior to the occurrence of said change. 5. The applicant is aware that the property will have to be brought up to code prior to the issuance of a new C.O. or any building permits for future development. Financial Considerations: Not applicable Planning and Zoning Commission Update: At the September 21, 1998, Planning and Zoning Commission meeting, the Commission voted by 4-2 to recommend denial of this case. Per the applicant's request at the September 22, 1998, City Council meeting, Council voted unanimously to send this case back to the Commission. The applicant had stated that he would like an opportunity to address the concerns of the Commission. The attached memo summarizes the applicant's proposal and response to the Commission's concerns. Staff Recommendation: Approval, subject to the construction and approval of required off-street parking. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Applicant's Memo Location Map Area Zoning Map Public Comment Form Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Site Plan Department of Planning, 09/30/98 • To: City Of Wylie Texas(P&Z) j .;AN From: George Spencer Ltd Zlan,Ltd. 1615 w. Brown St. ZLAN LTD. Wylie, TX. 75098 (972)442-0558 Date: September 24, 1998 Re: P&Z issues regarding request for special usage (Professional/Public Golf Practice Range) at 1615 W. Brown St. This memo addresses issues/questions presented by Wylie's P&Z to Zlan during Monday's September 21, 1998 P&Z meeting. Appearance: P&Z Concern: Will this or the netting be an eye sore? Zlan Response: NO. Zlan is not building a typical golf driving range. Zlan is building a premier professional PGA practice area. Its intended market is for both the novice who wants to learn at a professional level under real golf course conditions and the professional golfer preparing for the PGA tour. Without advertising, the word is getting out about what Zlan is building in Wylie Texas. We have a request from a top named PGA golfer to use our practice facility. The biggest questions asked are, "When will you be open, where is Wylie Texas, and how can I get there?" Some key features that set Zlan apart from golf driving ranges are: 1. Real golf course conditions without the typical driving range amenities of target buckets, bells, and yard markers (a yardage pin placement card will be provided). 2. Six USGA(PGA) size target greens spaced to cover every iron. Of the six target greens two have fairway approaches of approximately 160 and 220 yards. 3. Professional turf use on both the tee box and putting green area. 1 1615 W. Brown St. • Wylie,Texas 75098-5363 • (972)442-0558 • Fax 442-0569 • zlan@msn.com • 4. A special tee box area is provided to practice fairway rough, hardpan, fairway sand traps, and side/up/down hill lies. 5. All weather tee box area. A patio over the back tee line allows for both enclosed all weather tee stations and an expanded number of tee stations. 6. Approximately a half-acre is dedicated to the chipping and putting area. The putting area is a three tiered 9,000 square foot area with a sand hazard on the putting surface. The chipping area contains a chip and run, sand traps, and a four-foot high bunker. 7. The concession stand area will not only house the retail sales and maintenance;it will also contain a covered patio area and a horseshoe pit. 8. Professional golf lessons by a touring PGA Pro and an optional annual membership will be available. The netting, unlike that used on the cited Plano course, is the highest quality nylon netting made in the USA. The triple tied netting is designed to prevent/minimize runs and to give a transparent appearance. The netting comes with a 5-year warranty and can be maintained by the seller/installer. Lighting: P&Z Concern: Lighting encroachment on neighbors. Zlan Response: As lighting is required for golf usage after sunset,Zlan agrees to the following: 1. Initial lighting will be positioned to minimize illuminating areas other than Zlan property. 2. Zlan will address operational illumination issues as they are noted. Hours of Operation: P&Z Concern: Should there be restrictions on hours of operation? Zlan Response: Zlan's marketing numbers do not reflect the number of people who work shifts that would not allow them the opportunity to use the golf practice area. Therefore: 2 1. Zlan's normal hours of operation are expected to be from 7AM to 10PM. 2. Zlan's will restrict its hours of operation from 5AM to 2AM (closed from 2AM to 5AM). 3. Should Zlan determine that there are enough golfers desiring to use the facility on a 24-hour basis, Zlan will make a future request for expanded hours of operation. Parking: P&Z Concern: Does parking area meet city standards? Zlan Response: Zlan's fire lanes have been used for years to weigh trucks of up to 100,000 pounds in weight. The fire lane was recently used to weigh the City of Wylie's fire truck. Zlan initially paved its parking lot to hold down on dust. As an after thought, Zlan decided to consider a golf practice area as a business. 1. Zlan agrees that prior to opening the golf practice area Zlan will need to meet city parking lot codes. ADA: P&Z Concern: Will the facility meet ADA standards? Zlan Response: Yes. Both my brother and I had polio when we were young. At the age of 4 my brother (who is 11 years older than me) was required to used crutches and is now bound to a wheelchair. My brother is very active with ADA issues. Use of existing building: P&Z Concern: What activities/usages will be provided from the existing building? 3 Zlan Response: Zlan is in the process of platting and building a 600 square foot concession stand building to house all golf business activities, including retail sales. Due to the lengthy platting process, Zlan requests temporary usage of the existing building be allowed until the concession stand is built. Safety: P&Z Concern: What actions will Zlan take to insure the golf balls do not create an unsafe condition? Zlan Response: Ball safety is a major concern to Zlan; therefore, Zlan invested a lot of research and planning time prior to deciding to enter the golf business. Safety was divided into two general areas of concern: on premises and off premises. On Premises Safety: As this is a practice range not a driving range; all users will be encouraged to use the designated target areas. To insure tee line safety, tee station dividers (shank boards) will be used. Those customers that do not use the shank board area will be corrected and if necessary be asked to leave. Shank boards not only prevent badly hit balls from striking other practicing golfers they can be set to minimize hooks and slices over the netting. Zlan has purchased extra large special shank boards. Zlan extended the 50-foot netting to the back of the tee box to insure safety outside the tee box(concession stand, chipping and putting, and parking area). Off Premises Safety: Off premises safety is primary associated with potential ball damage. Three areas are potential hazards: to the South (Zlan and Brown St. [FM 3412]) to the North(Open B-2 [cattle]), and to the West(FM 1378 and residential). South: 4 The tee box is separated from adjoining Zlan property to the south by a 50 & a 40 foot high net (See site plan). The closest tee box is set back from Brown St by approximately 270 feet (90 yards). By the proper use of the shank boards, aiming at the target greens, the 50/40- foot netting, and the 270 feet setback, no balls should ever reach Brown St. Corrective Action: In the event that the above hitting guidelines are being followed and a customer hits a ball to Brown St. (which Zlan feels is not possible) the following action will be take: 1. Relocate the golfer to a tee box some 420 feet (140 Yards) from Brown St. 2. Or allow golfer to only hit balls in the presence of a golf instructor. Zlan may require the golfer to take lessons and demonstrate that they can stay inside of the netting. 3. If this is a chronic problem, Zlan is prepared to shut down offending tee boxes until netting is raised. North: The tee box and netting is separated from the adjoining north property by a distance of 10 to 60 feet and a 40 foot high net(See site plan). The present property owner has told Zlan it welcomes the golf practice area and intends to be a customer. The owner has no problem with stray balls being hit onto his property and has given Zlan permission to recover the balls as long as Zlan doesn't mind the cow patties. Hence, the netting was extended from the original site plan to minimize the cow patty effect. Again,by the proper use of the shank boards, aiming at the target greens, and the 40-foot netting,very few balls should ever enter the cow patty zone. Corrective Action: In the event that the above hitting guidelines are being followed and a customer hits balls to onto the North property the following action will be take: 1. Relocate the golfer to a tee box further away from the North property. 2. Or allow golfer to only hit balls in the presence of a golf instructor. If this is a chronic problem Zlan may require the golfer to take lessons and demonstrate that they can stay inside of the netting. 5 West: FM 1378 (Country Club Road)adjoins Zlan to the West. Due to traffic, this is the most sensitive safety area. Depending where Zlan establishes the front of the tee box area the 40-foot proposed netting will be at a distance of approximately 200 to 220 yards. The question is can a ball be driven over the FM 1378 netting, and if so, what is Zlan's corrective action? 1. Can a ball be driven over the netting? Maybe Are all golf balls created equal? Golf balls used at driving range have a different construction than those bought by golfers. Driving range balls have a solid core and a harder outer covering to prevent club damage to the ball (smiley). These balls travel only approximately 85% of the distance of a standard ball. Example: if a standard ball was hit 260 yards in the air,the same hit of a standard driving range ball would have gone only 221 yards(260 X 0.85). Driving ranges also buy limited flight balls. These balls are limited to about 65%of a standard ball and are typically rated not to carry more than 180 to 210 yards. 2. What is the effect if the ball does go over the net? Before I get into the basic physics of ball flight it needs to be noted that the front of FM 1378's pavement is 15 yards and the back of the pavement is 23 yards from the back of the 40-foot net. A professor at SMU wrote a math paper on the flight of a golf ball. I am pleased to report this math paper should not be needed to explain the first order of approximation of golf ball flight. The question is if a golf ball clears the 40-foot net, does it become a hazard to traffic on FM 1378. In basic High School physics we are taught that a golf ball hit in a vacuum will take the same distance to fall as it took to reach its apex (zero vertical velocity). This means, if a ball were hit 223 yards to clear a height of 40- feet then it would take an additional 223 yards for it to fall to the ground. Considering the road, the ball would have cleared the road by a height of approximately 40-feet and landed some 200 yards from the road. But we don't live in a vacuum, so what is the effect of air. Air reacts on the ball in a similar manner as it does to an airplane. A propeller driven plane literally screws itself through the air. It is able to achieve a screwing effect because air has resistance. Without air resistance 6 the propeller would slip as a car trying to take off on very slick ice. The bottom line of this example is air has resistance and has an effect on the ball whether the air is calm, aiding or opposing the ball's flight. In general air works in a manner to restrict the flight of the ball... even with a tail wind. Using the first order of approximation, a ball hit at a distance of 200 yards to clear a 40-foot net would carry an additional 60 to 70 yards beyond the net. Applying this to the road safety factor: the ball would have cleared the road by a height of 15 to 30 feet (depending on wind), and horizontally cleared the road by 40 yards. First order of approximation conclusion: The 40-foot proposed netting is adequate to prevent any golf ball from clearing the netting and becoming a hazard to FM 1378 traffic. Corrective Action: In the event that the above is empirically proven not to be true, Zlan will take the following action: 1. Require big ball hitters (ones who think they can or will drive over the 40-foot net)to hit limited flight balls when hitting their driver. 2. If a customer drives a limited flight ball over the net Zlan will restrict them to hitting with irons. 4. If this is a chronic problem, Zlan is prepared to restrict the use of drivers(irons only)until the netting is raised. Should you have further questions or would like to visit the facility I (George Spencer) can be reached through my pager at(972) 585-6001 or office(972)442-0558. Regards, ` - 21- 5� George A. Spencer President& CEO of Zlan,Ltd. 7 I l U li.3 11 lidlW i . I .........N.1p,D ., 24 McMillen J" ❑ cn co SUBJECT P OPERTY Al7 I i (L - Ilil II III1 ,/j) AIM ��at esul 0 I 1 ' a // iiiiiii , , ...._____. __. . l ''' isms l► l / / El u ''•- � W BROWN Iii /I- - - .., 71 ' "II WIN—" A Fiteguili toW„Tif S. �i�t��"=�:�•rutivi• rl nuBli~llllin: ��isp .�,a�.=u�I1 wuul�tt m�tl��� '� �' p2--� ���.t111111u2 Z� I1U Mow ..zo‘..Aulgimul rOteiV/us t` III ll • 1 1k ilia 11Imim ❑ j I t, 1 la ill..1".... il AI 4441 I NO An ' ,� *SIM ,"Io�`I 1 PROJECT LOCATION MAP ZONING CASE #98- 11 ' 1 • t 1 i 1 I 1 1 I `: I I ! S F , 1 I 1 1 ! / t , % , I f I I 1 1 I 1 I I ; , _i_____,„.„:„_.,_..... __ . .. .., , B ..5) , \! I-I--- 11 1111 1-J1 I FIT LI -1111,11 rililialS491,2-1111•1(.; iim.11110111[111110/411 MI g MINI MI'Mg L .." ''' F ,,,, 1 I 1-....... Li., , __„,;,th,,,:iiir, 1 A , , : , , . , , , , , , / , I , A , /J • •-•••_ ••-••-•_ , 2 ) . ..___.... _,.. i ! ii __ __ _ , _ _. _ 2 / , .,.. I I I / 1 1 I L ._ i� :: 1 ! ! `• it ; 1 1 ! ! West Brow I. ! 1 { 1 !! 7.--- 1 i ! ! i I A 8 ' 76Lr1 // , „ „ , „ „ ! 8 A7 ! I..i .! i 1 I .. 1 ,..,,.J_......._\ I1, ., .,,,,! ./ 1 i '�: ! / A ::J 1A f r \ f i /�\ I j ' N r ! !I (/) I Nc_. 1 ZONING AREA MAP ZONING CASE #98- 11 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#98-11. I am AGAINST the requested zoning as explained on the attached public_ notice for Zoning Case#98-11. Date,Location&Time of G C 2� tJ , \�JQ\\S Planning&Zoning Commission meeting: Monday,October 6, 1998, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 13, 1998,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (please print) �V S Address: C) C " ' Qcx Wylie Tax Account Number (if shown on enclosed map): (15 (Ieib OC) — BQ12,sa �^ ct 'ts— coo ca LO ^' 1 Signature: Date: et - 17 - 9 g COMMENTS: N t \ M MY 1'=300' \ \ City of Wylie Novid Properties, Inc. i l R-6351-000-0050-1 $ R-6022-000-0060-1 Hampton Living Trust R-6351-000-0020-1 �- — Birmingham Land Ltd. . , R-6022-000-0010-1 Subject Property K.i Bevis i R-6351-,D00-007 -1 George„spencer _.._ ._ ._.._.._ _ ._ _ _ . _.._.._.._ .r 6022: 000-0090 D. Nfulcahy i R-6351-000-0069-1 TxDOT west Brow Frances Wells Frances Wells R-6196-000-0010-1 R-6563-000-0020-1 i / PROPERTY OWNER NOTIFICATION MAP ZONING CASE #98- 11 NOTIFICATION REPORT APPLICANT: George Spencer- Zlan Limited APPLICATION FILE # 98-11 1615 W. Brown Street # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 100 Taylor Street #101 1 Abst. 22 Tract 1 R-6022-000-0010-1 Birmingham Land Ltd. San Antonio, Texas 78205-1328 P.O. Box 446 2 Abst. 22 Tract 6 R-6022-000-0060-1 Novid Properties Josephine, Texas 75164 6800 Coit Road 3 Abst. 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Plano, Texas 75023 6800 Coit Road 4 Abst. 196 Tract 1 R-6196-000-0010-1 Frances Bates Wells Piano, Texas 75023 405 FM 1378 5 Abst. 351 Tract 6-9 R-6351-000-0069-1 Deborah Mulcahy Wylie, Texas 75098 455 FM 1378 6 Abst. 351 Tract 7-9 R-6351-000-0079-1 Kenneth Bevis Wylie, Texas 75098 511 Dogwood Drive 7 Abst. 351 Tract 2 R-6351-000-0020-1 Hampton Living Trust Wylie, Texas 75098 2000 Hwy. 78 North 8 Abst. 351 Tract 5 R-6351-000-0050-1 City of Wylie Wylie, Texas 75098 Texas Department of Transportation P.O. Box 90 9 FM 3412 (Brown St) Bill Lovil McKinney, Texas 75069 Texas Department of Transportation P.O. Box 90 10 FM 1378 (Country Club) Bill Lovil McKinney, Texas 75069 Applicant 1615 W. Brown Street 11 Abst. 22 Tract 9 R-6022-000-0090-1 George Spencer- Zlan Ltd. Wylie, Texas 75098 NOTICE Or PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE (Temporary Specific Use Permit) Zoning Case Number: 98-11 Applicant: Zlan,LTD Location: Generally located at the northeast corner of Brown Street and FM 1378 Property Description: (See the attached Exhibit"A" for full legal description) Present Zoning: B-2(Business) Requested Zoning: Temporary SUP(Specific Use Permit)for a commercial outdoor amusement(golf driving range). This public hearing is held to consider the application as a temporary amendment to the Comprehensive Zoning Ordinance of the City of Wylie, Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Monday,October 6, 1998,7:00 PM City Council: Tuesday, October 13, 1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial, a three-fourths majority vote by the City Council shall be required for approval. Zoning districts, amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information, please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or (TDD) (972)442-8170 for assistance. .``FXti;6: f Being a tract of land situated in the Charles Atterbury Survey, Abstract No. 22, Collin County, Texas, and being a portion of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded.in Volume 2612, Page 605, Deed of Trust Records of Collin County, Texas, and being more particularly described as follows: Beginning at a 5/8 inch iron rod found in the north right-of--way line of Brown Street (F.M. 3412)for the southeast corner of aforementioned 23.4971 acre tract and being the southwest corner of a 658.48 acre tract of land conveyed to Mortgage • Investment Company of El Paso by deed recorded in Volume 2401, Page 360, Deed Records, Collin County, Texas; Thence, N 88°09'00" W, along the north right-of-way line of Brown Street, a distance of 760.15 feet to a 1/2 inch iron rod set for a visibility corner; Thence, N 44°16'51" 111, a distance of 72.10 feet to a 5/8 inch iron rod found on the east right-of-way line of County Club Road (F.M. 1378); Thence, N 00°16'00" W, along said east right-of-way line, a distance of 422.60 feet to a 1/2 inch iron rod set for corner; Thence, N 90°00'00" E, a distance of 809.84 feet to a 1/2 inch iron rod set for corner in the west line of said 658.48 acre tract and the east line of said 23.4971 acre tract; Thence, S 00°15'18" E, along said common line, a distance of 498.76 feet to the Point of Beginning and containing 9.000.acres of land... .. - • Page 1 of 2 CITY OF WYLIE P.O. BOX 428 WYLIE, TX 75098 APPLICATION FOR SPECIFIC USE PERMIT Case No. SUP Date Submitted (..) - ° — 9‘9 Filing Fee $ Applicant wh L Address / /5 w, 13.,0<,;/1 6-/-:Phone No. `t iZ- 4 `}-L- O55$a w/ l' Ty- 75G e Work No. '3: `17 Z- S 85- oc, I 1 Owner ✓ Tenant Prospective Purchaser Legal description of property for which Specific Use Permit is requested (if additional space is needed, the description may be typed legibly on a separate sheet and attached hereto)2 • 1U t ficres p T"Lc r r vat_ F i 3 I° CLQt/n74r^ Llu Z /AI 344z i3 I hereby request that a Specific.Use Permit be issued for the above described property • for: J f' 1.12 VI/) 12 P Ai .e. CC c,c4 r f/' The current zoning on this property is i3 2 These-mare not deed restrictions pertaining to the intended use of this property. I have attached hereto as Exhibit A a plat showing the property which is the subject of this requested Specific Use Permit and have read the following note concerning the importance of my submitting to the City a sufficient legal description. Pi:Hye Action Item No. I Final Plat Lakeside Estates Phase I Planning and Zoning Commission Public Hearing: October 6, 1998 Owner: Vista Oaks Development Attn: Pulte Homes, L.P. Surveyor/Engineer: Carter&Burgess, Inc. Location: Generally located along the north side of the railroad at the northwest corner of FM 544 and Springwell Parkway (Marshall Lane). Existing Zoning: PD (Planned Development) for single family uses. Summary: The final plat under consideration is the Lakeside Estates Phase I addition. The applicant is final platting 39.529 acres in order to develop the property with 146 single family lots. The development also incorporates one city park and one community park. The city park will incorporate soccer fields and off-street parking to be utilized by the general public. The community park incorporates a cabana, swimming pool, and off-street parking to be utilized and maintained by the Home Owner's Association (HOA). The property is currently vacant, unplatted, and zoned PD (Planned Development) for single family uses. Planning and Zoning Commission Update: At the September 21, 1998, Planning and Zoning Commission meeting, the Commission indicated that the Conceptual Plan for this development incorporated a landscaped sound berm along the southern property line parallel to the railroad right-of-way. Due to the fact that the final plat under consideration did not incorporate said berm, the Commission voted unanimously to table the case to the October 6, 1998, Planning and Zoning Commission meeting so that staff could research the issue as it relates to the approved Conceptual Plan. Department of Planning, 09/30/98 ' Staff Recommendation: Postpone indefinitely in order to allow staff and the applicants an opportunity to meet, discuss and resolve the issue. The case will be rescheduled for hearing by the Planning and Zoning Commission once staff determines that plat complies with the zoning encompassing the property. Department of Planning, 09/30/98 Summary of Council Actions at the September 22, 1998 Meeting Highway 78 Business: Final Plat proposed by Jackson and Associates Land Surveyors, Inc. Approved ZC. No. 98-11: Request from Zlan Ltd., for approval of a Temporary Specific Use Permit for a Commercial Outdoor Amusement (proposed golf driving range). Sent back to P&Z per the applicant's request.