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Ordinance 2002-05 CITY OF WYLIE, TEXAS ORDINANCE NO. f)C)()!A"- D S- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S SUBDIVISION REGULATIONS ORDINANCE NO. 93-33, SECTION 5.04 (STREETS AND THOROUGHFARES) AND REPEALING ORDINANCE NO. 94-3; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that Section 5.04 (Streets and Thoroughfares) of the City of Wylie, Texas' ("City") Subdivision Regulations Ordinance No. 93-33 should be amended; and WHEREAS, the City has complied with all notices and public hearings as required by law; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the City and its inhabitants to repeal Ordinance No. 94-3; and WHEREAS, the City Council finds that it will be advantageous and beneficial to the City and its inhabitants to amend the City's Subdivision Regulations Ordinance No. 93-33 as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as iffully set forth herein. SECTION 2: Repeal Ordinance No. 94-3. City Ordinance No. 94-3 is hereby repealed. SECTION 3: Amendment to City's Subdivision Regulations Ordinance No. 93-33. Section 5.04 (Streets and Thoroughfares) of the City's Subdivision Regulations Ordinance No. 93-33 is hereby amended to read as follows: 5.04 Streets and Thoroughfares A. Adequacy of Streets and Thoroughfares. All streets and alleys shall be designed and platted in conformance with these regulations, the Major Thoroughfare Plan, and the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details (hereinafter collectively referred to as the "Design and Construction ORDINANCE ADOPTING DESIGN & CONSTRUCTION STANDARDS - Page I C:\windows\TEMP\Ordinance Adopting Design Standards (Amend Sub Regs).doc Standards"), and other valid development plans and policies approved pursuant to these regulations. The Design and Construction Standards are attached to this Ordinance as Exhibits "A" and "B" and are incorporated herein for all purposes. Access to all lots must be suitably improved or secured. as required by provisions contained in these regulations. B. Design Standards (1) General. In order to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, sanitation and street-maintenance equipment, and to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties, an adequate street and thoroughfare system shall be designed in accordance with the standards set forth in these regulations, together with those contained in the Design and Construction Standards and the Standard Specifications for Public Works Construction. In the event of a conflict between these or other regulations and those contained in such documents, the more specific and/or restrictive provisions between these or other regulations and those contained in such documents, the more specific and/or restrictive provisions shall be applied. Other street or alley sections may be used if approved by the City Council. Paving and other improvements are subject to the participation policies stated in Section 6 of these regulations. (2) Street Paving and Improvements. After sewer and water utilities have been installed by the owner, the owner shall construct roadways to the widths prescnbed in these regulations. Adequate provision shall be made for culverts, drains, and bridges. All street pavement, drainage improvements and structures, turnarounds, and sidewalks shall conform to all construction standards and specifications contained or referenced in these regulations and shall be incorporated into the construction plans required for plat approval. Specific design standards are incorporated in the Design and Construction Standards and the Standard Specifications for Public Works Construction. (3) Median Openings. Median openings, median pavers and left- turn lanes, including channelizing buttons, constructed to serve ORDINANCE ADOPTING DESIGN & CONSTRUCTION STANDARDS - Page 2 C:\windows\TEMP\Ordinance Adopting Design Standards (Amend Sub Regs).doc dedicated streets in a development, or to serve private drives, shall be installed and paved to City standards by the owner. There shall be a minimum of two hundred (200) feet between median openings. (4) Acceleration and Deceleration Lanes. Acceleration or deceleration lanes shall be installed by the owner when required by the Design and Construction Standards and constructed to the same standards as the adjoining street. (5) Intersections. The intersections of streets, alleys and officially approved places shall be laid out and constructed in accordance with the specifications in the Design and Construction Standards. (6) Traffic Buttons. The owner shall be responsible for the installation of traffic buttons which are necessary for the safe transition or channelization of traffic. When required by the City Engineer, such as on Type D or wider thoroughfares, the owner shall install traffic buttons for lane dividers. The costs of these lane divider buttons shall be reimbursed by the City in accordance with the City's reimbursement policy. All traffic buttons shall be installed per City standards. (7) Reserve Strips. The creation of reserve strips shall not be permitted in such a manner as to deny access from adjacent property to any street, alley or officially approved place. (8) Grading and Improvement Plan. Streets shall be graded and improved in conformance with the City's construction standards and specifications and shall be approved as to design and specifications by the City Engineer, in accordance with the construction plans required to be submitted prior to final plat approval. (9) Topography and Arrangement. (a) Streets shall be related appropriately to the topography. Local streets shall be curved wherever poSSIble to avoid conformity oflot appearance. All streets shall be arranged so as to obtain building sites when possible at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. ORDINANCE ADOPTING DESIGN & CONSTRUCTION STANDARDS - Page 3 C:\windows\TEMP\Ordinance Adopting Design Standards (Amend Sub Regs).doc (b) All streets shall be properly integrated with the existing and proposed system of streets and dedicated rights-of- way as established on the City's Thoroughfare Plan. Type F and G streets shall be designed to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property. ( c) Proposed streets shall be extended to the boundary lines of the tract to be platted, unless prevented by topography or other physical conditions, or unless in the opinion of the Commission such extension is not necessary or desirable for the coordination of the layout of the subdivision or addition, with the existing layout or the most advantageous future development of adjacent tracts. (10) Continuation of Streets and Cul-de-sacs. (a) Continuation of Streets. The arrangement of streets shall provide for the continuation of principal streets between adjacent developed properties by aligning the principal streets to avoid offsets. (b) If the adjacent property is undeveloped and the street must temporarily be a dead end street, the right-of-way shall be extended to the property line. (c) Cul-de-sacs. For greater convenience to traffic and more effective police and fire protection, permanent dead end streets shall, in general, be prolnbited. However, the Commission may require the reservation or dedication of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turnaround shall be provided at the end of a pennanent dead end street in accordance with City construction standards and specifications. ( d) Temporary dead end streets. The City may require the construction of temporary dead end streets in order to provide for the future connection of subdivisions and to ensure reasonable access and avoid excessive street length. ORDINANCE ADOPTING DESIGN & CONSTRUCTION STANDARDS - Page 4 C:\windows\TEMP\Ordinance Adopting Design Standards (Amend Sub Regs).doc (11) Street and Alley Length. (a) Streets and alleys shall not exceed 1,200 feet in length between intersections (outlets). (b) No cul-de-sac shall exceed 600 feet in length, which is to be measured from the centerline of the street with which it intersects to the center point of the cul-de-sac, unless otherwise authorized. ( c) Street and alley lengths longer than those specified in this section shall require approval of a variance. In reviewing a variance, the Connnission shall consider the following: 1. Alternative designs which would reduce street or alley length; 11. The effect of overlength streets or alleys on access, congestion and delivery of municipal services; and m. Means of mitigation, including but not limited to, increased street width, mid-block turnarounds, limitation on the number oflots to be created and served, temporary points of access, and additional fire protection measures. (12) Street Names and Signs. (a) Street names must be submitted to the Engineering Department for approval in accordance with the City's guidelines for the naming of streets. The Engineering Department will maintain an index of street names which will contain these guidelines. (b) The property owner shall provide payment for street name signs for the development. The price of each street name installation shall include cost of the sign assembly, pole, and installation. Payment by the property owner will be due prior to approval of the engineering plans by the City Engineer. ORDINANCE ADOPTING DESIGN & CONSTRUCTION STANDARDS - Page 5 C:\windows\TEMP\Ordinance Adopting Design Standards (Amend Sub Regs).doc (c) Street name signs shall be instaD.ed in accordance with the City's guidelines before issuance of building permit for any structure on the streets approved. (13) Street Lights. Street lighting shall conform to the latest edition of the Illumination Engineering Society Handbook. Round tapered standards with bracket arms shall be used. Lighting levels, as recommended, shall be provided for very light traffic in residential areas, medium traffic on collector streets and heavy traffic on thoroughfares. Initial cost of installation of street lighting and conduit for street lights and traffic signals shall be borne by the subdivider. SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision ofthe City's Subdivision Regulations Ordinance No. 93- 33, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: SavingslRepealing Clause. The City's Subdivision Regulations Ordinance No. 93-33 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPRO~THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this.:J.:L day of 0UO.-f{j'"' 2002. ORDINANCE ADOPTING DESIGN & CONSTRUCTION STANDARDS - Page 6 C:\windows\TEMP\Ordinance Adopting Design Standards (Amend Sub Regs).doc JOHN i.. ATTESTED AND CORRECTLY RECORDED: ;- APPROVED AS TO FORM: ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. RICHARD M. ABERNATHY City Attorneys ecretary Date of Publication: ORDINANCE ADOPTING DESIGN & CONSTRUCTION STANDARDS - Page 7 C:\windows\TEMP\Ordinance Adopting Design Standards (Amend Sub Regs).doc THE WYLIE NEWS -- ~--"--'---"---'---'--------------"--'----------"'-'-------- [overing Wylie, Sachse, Murphy alllllhe snrrounding area ------_.._--,------~-~~_._----_.~----~---~ lION. BallardSt. 1'.0. l30x 369 Wylie. Texas 75098 972.442.5515 Fax 972.442.4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn deposed and says that the foregoing attached was pu )Iished in said newspaper on the following dates, to-wit: Jon.3D , 2002, and ,2002. C~k Subscribed and sworn to before me this the 4+h to certify which witness my hand and seal of office. dayof ~Qbr ~()r~,2002, KATHLEEN S. NOBLE Notary Public State of Texas My Comm. Exp. 03-03-2004 Notary Public in and for The State of Texas My Commission Expires 3 Jot}- I ;">jU.& H...b UJ< I"'lJjiLll.. HEARING PLANNING AND ZON- ING ( 'OMMISSION AND G'rY COUNCIL An application has been received by the City of WYiie for a: PROPOSED ZONING CHANGE Zoning Case Number: 2002-0 I Applicant: S.C. Parsons, Inc. Location: East of S. Ballard Ave and North of Elm Road (C.R. 381) Property Description: See Attached Legal Description Present Zoning: Single- Family (SF-3) & (SF- 8.5/17), Multi-Family (MF) and Business-2 (B- 2) Requested Zoning: Planned Development (PD) Proposed Residential Development with Singlc- Family (SF 8.5/17) uses. This public hearing is held to consider the application as an 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: Ie, but not here! 2-442-4318 UllU l.......1.U-J,11 Il LV lJ1..... l..\J.lJ'<.JVV- ing 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 notifi- cation 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 972/442-8158. Please ref- erence the zoning case number when requesting information. This facility is wheelchair accessible and handi- capped 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. Exhibit "A" Property Description ZC #2002-01 BEING a tract of land sit- uated in the D.W.'Williams Survey, Abstract No. 980 and the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas, the subject tract being a portion of a tract of land conveyed to JCM Properties, according to the deed recorded in Volume 2223, Page 874 of the Deed Records of THENCE, around a tan- gent curve to the left hav- ing a central angle of 890 21' 38", a radius of 40.00 feet, a chord of N 450 25' 53" W - 56.25 feet, an arc distance of 62.39 feet; THENCE, S 890 53' 18" W, a distance of 124.73 feet; I\JUlIU oears ;) i">O' J:) U';I E, a distance uf 985..10 feet; THENCE, N 880 19' 47" W, along the approximate centerline of said Elm Road, a distance of 380.34 feet to a PK nail set; THENCE, N 890 ]6' 31" W, continuing along the approximate centerline of THENCE, N 000 28' 32" Elm Road, a distance of E, along the east line of a 600.12 feet to the PLACE tract of land conveyed to OF BEGINNING with the James E. Stone, according subject tract containing to the deed recorded in 2,912,345 square feet or Volume 323, Page 484 66.8583 acres of land. (DRCCT), a distance of 36-1 t-339 950,05 feet to a 3/8" iron f 1 pin found in the south line ORDINANCE of a tract of land Gary NO. 2002-05 Nelson according to the deed recorded in Volume 4823, Page 2283 (DRCCT), from which an "X" in concrete found bears N 310 40' 46" E, a distance of 517 .00 feet; THENCE, N 890 53' 18" E, along the south line of said Gary Nelson tract, a distance of 1101,59 feet to a 1/2" iron pin found at comer; THENCE, N 000 13' 25" W, along the east line of said Nelson Tract, a dis- tance of 277.82 feet to a 1/2" iron pin with a red cap stamped Tipton Eng. Inc. set at the nOltheast comer of said Nelson Tract and in the south line of Twin Lakes Subdivision Phase 1, an addition to the City of Wylie, according to the file plat recorded in Cabinet G, Page 561 (DRCCT), from said iron an "X" in concrete found bears N 530 50' 06" W, a distance of 271.26 feet; THENCE, N 900 00' 00" E, along the south line of said Twin Lakes Subdivision Phase 1, a dis- tance of 1055.87 feet to a It. An Ordinance of the City of Wylie, Texas, amending Wylie's Subdivision Regulations Ordinance No. 93-33, Section 5.04 (Streets and Thorough- fares) and Repealing Ordinance No. 94-3; Providing for a penalty for the violation of this Ordinance; providing for repealing, savings and sev- erability clauses; provid- ing for an effective date of this ordinance; and provid- ing for the publication of the caption hereof. Passed and approved this 22nd day of January, 2002. ORDINANCE NO. 2002-06 An Ordinance of the City of Wylie, Texas, adopting new cross connection con- trol and prevention regula- tions, and repealing Wylie Ordinance Number 99-34; providing for a penalty for a penalty for the violation of this ordinance; provid- ing for repealing, savings ..u-- -., .-