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07-06-2004 (Planning & Zoning) Minutes MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 July 6, 2004 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Red Byboth Claude Thompson, Director Dave Hennesey Mary V. Bradley, Secretary Don Hughes Carole Ehrlich, City Secretary Dennis Larson Mike Phillips Chris Seely Commission Members Absent: Kathy Spillyards SPECIAL CEREMONY TO SWEAR-IN AND SEAT THE NEW COMMISSIONERS BY THE CITY SECRETARY City Secretary Carole Ehrlich administered the oath of office to new Commissioners Dave Hennesey and Dennis Larson and reappointed Commissioners Don Hughes, Mike Phillips, Chris Seely. CALL TO ORDER Chairman Seely called the meeting to order at 7:04PM. INVOCATION & PLEDGE OF ALLEGIANCE Chairman Seely gave the invocation and Commissioner Byboth led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak before the Commission. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the June 15, 2004 Regular Meeting. A motion was made by Commissioner Phillips, and seconded by Commissioner Byboth, to approve the minutes as submitted. Motion carried 6—0. P & Z Commission Meeting July 6, 2004 Page 2 of 5 PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Community Retail (CR) to Community Retail (CR) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being generally located in the southwest corner of F.M. 544 and S.H. 78, and being a 0.014 acre portion of land out of a larger called 3.953 acre tract described in a deed to Greenway-78, L.P. as recorded in Volume 4886, Page 4459, of the Collin County Deed Records, City of Wylie, Collin County, Texas. (Zoning Case 2004-12). Thompson stated that in March of 2004, T-Mobile applied for a Specific Use Permit (SUP) to install a telecommunications tower, antenna and equipment at 117 Cooper Drive, generally to the rear of the new Walgreens. Because this earlier requested site is within Wylie's planned new central business district, the Planning and Zoning Commission recommended denial and City Council tabled the request encouraging the applicant to investigate alternative locations for the tower. The current zoning request is a response to that request to look at other sites, and only one of the sites will be approved for an SUP. The proposed tower is part of a larger parent tract of approximately 3.95 acres. The subject property is owned by the same development group which created the Albertsons and Home Depot facilities, and is currently zoned Community Retail (CR) District. Telecommunications Microwave Towers are allowed within the CR District only with an approved Special Use Permit (SUP). The property has never been developed and has never been platted into an official lot of record. The tower and requested SUP will occupy a leased area of 617 square feet (0.014 acre) to the extreme rear or south of the parent lot, as well as 12 foot access easement along the west property line to F.M. 544. There are currently no plans for future development of the remainder of the property. Contrary to notes on the plans submitted by the applicant, the floodplain has been removed, and the property has the potential of supporting a variety of commercial uses. The tower site abuts the KCS/DART railroad corridor and State Highway 78. A major drainage channel and relocated rail tracts bound the subject property on the south and separate it from S.H. 78. The north side of S.H. 78 cannot be developed in this area. The facility will comply fully with all regulations of the Zoning Ordinance. The tower will be a tapered monolithic pole with no supporting guy wires, and stand a maximum of 120 feet high. All antennas will be enclosed within the pole, rather than attached to the outside as are most existing antennas within Wylie. Electrical and telecommunications equipment will be located within metal cabinets on a raised steel platform, and both the cabinets and tower will be enclosed within a masonry wall (contrary to the wire mesh and barber wire noted on the plans). A concrete drive and parking within an easement will provide access between the facility and F.M. 544. Commissioner Hughes questioned if the trees would be removed which are located on the west of the subject property. Thompson stated that the trees on the west side will not be impacted by the development of the tower. Chairman Seely questioned the screening. Thompson stated that screening will be an 8-feet high masonry wall. P &Z Commission Meeting July 6, 2004 — Page 3 of 5 Chairman Seely opened up the Public Hearing. John Rooney, 2618 Woods Lane, Garland, Texas, represented the applicant T-Mobile, distributed and discussed several exhibits. A map illustrated the locations of the two proposed towers and property owners with whom the applicant has discussed available of a lease for the tower, and Rooney reported that all owners had either declined or been available for response. Other maps revealed the gap in coverage around the proposed sites of the proposed telecommunication tower; with one showing the gap in coverage without the new tower and the other showing complete coverage with a tower. The Telecommunications Act of the Federal Government reserves to municipality the right to exercise zoning authority over these types of cases but with certain restrictions. Local regulations cannot unreasonably discriminate against providers, and the Fifth Circuit Court has recently ruled that generalized concerns over property values and aesthetics do not constitute sufficient evidence for denying towers as long as reasonable construction requirements were met. Commissioner Byboth complimented the applicant for pursuing other sites and offering a compromise to the location presented in March. Commissioner Hughes expressed support for the current site, comparing it to other tower sites recently approved by the Commission. Commissioner Phillips questioned the height of the tower and enclosure as noted on the plans. Rooney stated that no part of the tower or attached antennas will exceed 120 feet. The screening will be 8-foot cinder block masonry wall, and will conform to the requirements set forth by the City. Chairman Seely questioned the ability for other providers to co-locate antennas on the tower with the T-Mobile antennas being enclosed. Mr. Rooney stated that most carriers have similar technology and will be able to co- locate, however Nextel and some few other providers could not currently use the proposed tower. With no one else wishing to speak on the application, Chairman Seely closed the Public Hearing. A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to recommend approval with the following stipulations: the tower be 120 feet maximum, the screening be an 8-feet high split-faced concrete masonry unit wall, and all antennas be enclosed. Motion carried 6—0. Chairman Seely adjourned the meeting at 7:54PM. The meeting was reconvened at 8:00PM. WORK SESSION Thompson reminded Commissioners of the orientation with City Attorney on Open Records/Open Meetings Laws, to held in the Council Chambers on Thursday, July 8, 2004, at 6 PM. Thompson encouraged Commissioners to attend the Small Town Planning Workshop, on Saturday, July 17, 2004, from 8 AM to 3 PM at the McKinney City Hall. Commissioners Seely, Hennesey and Larson expressed interest in attending. P &Z Commission Meeting July 6, 2004 Page 4 of 5 Thompson led a discussion of the philosophy and potential revisions to the Comprehensive Land Use Plan. He first reviewed D Magazine's ranking of the top 53 suburbs, especially criteria which relates to land use. Wylie is ranked 29th over, but is the 6th fastest growing, has the 2nd youngest population. We have the 4th lowest population density, and 6th highest proportion of park land to population. We have the 5th lowest average house value, but the 5th highest house annual rate of appreciation. Only 60% of the houses are owner-occupied, the 6th lowest proportion. The poor results of the WISD were largely responsible for the overall lower rating. He concluded that this rating was fairly good overall, and that Wylie would rate higher with different criteria. He also discussed several articles previously shared with the Commission. The diagram of the classic neighborhood planning concept is much like that on which Wylie's Comprehensive Plan is based. The Urban Land Institute's article on New Urbanism promotes several criteria of Wylie's Plan and Zoning, including pedestrian-scale neighborhoods, distribution of land uses and layout of streets/parking which discourage the use of the automobile and restore a sense of community, and encourage a variety of dwelling types. Wylie's Plan and code also differ from the New Urbanism theory in several regards, such as wider streets and masonry siding. The Dallas Morning News article on the City of Phoenix providing free benches so that residences will sit on their porches more and look out for potential crime supports Wylie's requirement for porches on all residences. Thompson reviewed the a-mails from citizens which generally called for elimination of additional multi-family densities and substituting other uses around the retail centers. Some called for limiting neighborhood retail Village Centers. Thompson reminded the Commissioners that Wylie needs additional retail opportunities both to provide local shopping for the population and sales tax to relieve the property tax. No land use can be excluded from consideration, but the Comprehensive Plan and Zoning must accommodate all potential uses in some fashion. Thompson then reviewed the Comprehensive Plan for Frisco, noting similarities to the Wylie Plan. 15% of Frisco's land is allocated to retail uses, much more than allocated by the Wylie Plan and a similar hierarchy of commercial scales and densities is planned. The Frisco Plan recommends retail and apartments at almost every major intersection, like the Village Centers of Wylie's Plan. Single-family residential densities range to 5.75 dwellings per acre, higher than Wylie's approximate 4 per acre, and apartments may be as dense as 18 and 23 units per acre compared to Wylie's 15 units. Thompson concluded that the philosophies of the two Plans are very similar, and asked what Commissioners want to change. Chairman Seely distributed and discussed the Comprehensive Plans for McKinney and Southlake, also noting that these Plans are very similar to Wylie's. McKinney's Plan recommends "Community Villages" at most major intersections, including retail and apartments much like Wylie's Village Centers. Retail uses are also stretched along most regional thoroughfares, and housing densities are to be mixed to "provide for different lifestyle choices and balance the tax base". Southlake has built a new central business district which consolidates most commercial uses and cultural activities, and calls for more diversity of uses and development styles within residential and nonresidential planned to "limit the impact of the automobile" and "protect the feeling of rural openness". The Southlake Plan recommends much lower residential densities than Wylie and Frisco, from less than one dwelling per acre to no more than 5 dwelling per acre with no apparent accommodation for higher densities and multi-family. Southlake codes emphasize special design details and performance standards much like Wylie's incentive zoning. P &Z Commission Meeting July 6, 2004 µ. Page 5 of 5 Commissioners discussed their desires for the Wylie Comprehensive Plan. Commissioner Byboth stated that curved streets should be encouraged rather than a rigid grid layout to calm traffic, and that regulations should required higher value of residential construction. He suggested that the larger yard setbacks may be wasted space, adding costs but not achieving the desired appearance of wide open spaces. Commissioner Hennesey recommended suggested that new residents are looking for higher quality but a rural small town character, and the Plan and regulations should encourage both of these. Commissioner Phillips asked that Commissioners be provided copies of the complete Comprehensive Plan and Zoning Ordinance rather than the excerpts previously provided, as well as Subdivision Regulations and Thoroughfare Plan, and Thompson promised that these will be provided at the next meeting. Thompson stated that future meetings must emphasize such discussions of the Comprehensive Plan until any needed revisions are identified. The engineer is waiting new land use projections of a revised Plan in order to recommend new infrastructure impact fees and sizing of various utilities, or developments must proceed according to the current Plan. Commissioners generally discouraged meeting weekly. Thompson said that a tour may be planned for the next meeting if a light agenda allows it, while later sunsets continue to provide light. ADJOURNMENT A motion was made by Commissioner Hughes, and seconded by Commissioner Hennesey, to adjourn the meeting at 10:10PM Cris S ely, Chairman M Br ley, Secretary d