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 City Ordinance No. 94-3 is hereby repealed.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
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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
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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.
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(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.
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(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.
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(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.
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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:
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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-- -., .-