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11-07-2006 (Planning & Zoning) Agenda Packet Planning & Zoning Commission . 0 I . CITY OF WYLIE November 7, 2006 Regular Business Meeting • Wylie Planning & Zoning Commission CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, November 7, 2006 —7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North Dennis Larson Chair Tim Bennett, P.E Board Member Jamie Gregg Board Member John Onufreiczuk Board Member David Goss Board Member Scott Ames Vice-Chair Renae 011ie Planning Director Mary Bradley Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.gov. The Chair and Commissioners request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Commissioners regarding an item that is not listed on the Agenda. Residents must provide their name and address. The Commission requests that comments be limited to three (3) minutes. In addition, the Commissioners are not allowed to converse, deliberate or take action on any matter presented during citizen participation. • CONSENT AGENDA A. Consider and act upon approval of the Minutes from the October 17, 2006 Regular Meeting. November 07,2006 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA Action Agenda 1. Consider a recommendation to the City Council regarding a Preliminary Plat for TXU Lavon Switching Station creating four 4 tracts totaling 71.26 acres, generally located south of S.H. 78 and west of Eubanks Road. Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agricultural (A) to Single-Family 1A/30 (SF-1A/30) for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-14 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agricultural (A) to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. ZC 2006-15 3. Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to Article 2, Section 2.2.B of the Zoning Ordinance that requires complete annexation prior to a zoning application being accepted. 4. Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to Article 3, Section 3.4 lighting requirements of the Zoning Ordinance specifying spacing distance between poles. DISCUSSION Discuss permitting mini-warehouse (self-storage) to Light Industrial Zoning Districts only. Staff requires direction. ADJOURNMENT CERTIFICATION 1 cert that this Notice of Meeting was posted voYY I tiayi of November, 2006 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas qoa, nilm9;•C f4 that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City�•a� 'i lit;websitit•.ie .},vvlietexas.gov. •• _- )v Carole E lic , ity Secretary �%. ''••..•.••..••'• /.y ��`� Date Notice Removed ",'E i EXPO``� Wylie Planning and Zoning Board CITY OF WYLIE V Minutes Wylie Planning & Zoning Board Tuesday, October 17, 2006 — 7:05 pm Wylie Municipal Complex — Staff Conference Room 2000 Highway 78 North CALL TO ORDER Chairman Larson called the meeting to order at 7:00PM. In attendance with Chairman Larson were Commissioner Goss, Commissioner Bennett, Commissioner Onufreiczuk, Commissioner Hemphill, and Commissioner Ames, with Commissioner Gregg being absent. Staff members present were Renae 011ie and Mary Bradley. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Hemphill gave the invocation and Commissioner Ames led the pledge of allegiance. CITIZENS COMMENTS No one approached the Commissioners. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the October 3, 2006 Regular Meeting. A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Ames, to approve the minutes from October 3, 2006, regular meeting as submitted with no changes or corrections noted. Motion passed 6 — 0. Minutes October 17, 2006 Wylie Planning and Zoning Board Page 1 of 5 ACTION AGENDA ITEMS 1. Consider a recommendation to the City Council regarding a waiver to construct a required screening wall along the full length of the southern property line of the Wylie Corners Addition. Subject property being generally located on the southwest corner of S.H. 78 and Kreymer Lane. Ms. 011ie stated that the applicant is proposing to delay partial construction of the required screen wall, and construct approximately 340 linear feet of screen wall. This wall will screen the development for Phase I. The remaining 489 linear feet of the screen wall will be developed in Phase II. The projected time frame of when the remaining 489 linear feet screen wall, which will be constructed in Phase II, will be developed is when Phase I is 70% leased, which could be at least one year. An alley currently separates the residential district, Wyndham Estates Subdivision, from the subject property. Mark Smith, P.O. Box 9027, Dallas, Texas, represented the developer for the subject property, stated that Phase I will construct the required parking for the Phase I, and a temporary turn-around for Fire Lane to the west of the building. The remaining screen wall will be constructed with the development of Phase II. The Fire Lane will extend behind the buildings and an access drive to Kreymer will be constructed as part of Phase I. The Commissioners and Mr. Smith discussed the economics and financial hardship of completing the screen wall, after the discussion, Mr. Smith stated that he would extend the screen wall an additional thirty feet beyond the proposed 340 linear feet. A motion was made by Commissioner Hemphill, and seconded by Commissioner Bennett, to recommend approval to the City Council for the request to allow the partial construction of the required screen wall, with stipulations that the screen wall be extended 30 feet east beyond the Phase I building, and within one year the remaining screen wall be constructed, this property being generally located on the southwest corner of S.H. 78 and Kreymer Lane. Motion carried 6 — 0. 2. Consider and act upon a conceptual site plan for Victoria Place Addition (Wylie Retail Center) for retail development on four lots totaling 12.9096 acres, generally located at the northeast corner of S.H. 78 and Spring Creek Parkway. Ms. 011ie stated that the applicant is proposing to develop three lots for retail development and one lot for a self storage facility on 12.9096 acres. The concept plan is preliminary in nature as the individual lots will eventually be sold to different owners. When lots are sold and ready to be developed, the owner will be required to submit a final site plan to the Commission for approval. Minutes October 17, 2006 Wylie Planning and Zoning Board Page 2 of 5 A Preliminary Plat is on the current agenda. Mr. Jon David Cross, Cross Engineering, 116 N. Tennessee, McKinney, Texas, stated that the property is divided into four separate lots. Lots one and two will be developed quickly and lots three and four will be developed after the right-of-way is determined for the expansion of Park Boulevard. A concise final Site Plan will be submitted for lots one and two in the very near future. A motion was made by Commissioner Goss, and seconded by Commissioner Ames, to approve the Conceptual Site Plan for a proposed retail center with self storage facilities on 12.9096 acres, generally located at the northeast corner of SH 78 and Spring Creek Parkway. Motion carried 6 — 0. 3. Consider a recommendation to the City Council regarding a Preliminary Plat for Victoria Place (Wylie Retail Center) Addition creating four retail lots on 12.9096 acres, generally located at the northeast corner of S.H. 78 and Spring Creek Parkway. Ms. 011ie stated that the plat is the Preliminary Plat for the Conceptual Site Plan for the four lots considered on the current agenda. The property is zoned Commercial Corridor (CC) District and has never been platted. The plat dedicates a thirty (30) foot wide drainage easement from S.H. 78 and extending north along the western property line to the existing drainage channel. With no questions for the applicant or Staff, a motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Ames, to recommend approval to City Council for a Preliminary Plat creating four commercial/retail lots, generally located at the northeast corner of SH 78 and Spring Creek Parkway. Motion carried 6 — 0. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agricultural (A) to Planned Development (PD) District, two tracts generally located north of Alanis and west of S. Ballard Avenue and one tract generally located south of Alanis and west of South Ballard Avenue. ZC 2006-13. Ms. 011ie stated that the subject property consist of three tracts, two being north of Alanis and west of South Ballard Avenue and one tract located south of Alanis and west of South Ballard Avenue. The applicant is requesting a change in zoning from Agriculture (A) District to Planned Development (PD) District to allow for varied density residential development. Tract 1 is 28.333 acres in size and will gain access into the subdivision from South Ballard. Tract 1 will consist of 17 lots developed as SF-20 type, and 61 lots developed as SF-10. Minutes October 17, 2006 Wylie Planning and Zoning Board Page 3 of 5 Tract 2 is 20.34 acres in size and will gain direct access from Alanis Drive to the south and tie into Windcrest Drive within the existing Westwind Meadows Subdivision to the north. Tract 2 will consist of 67 lots developed as SF8.0 type and a maximum of 53 lots developed as SF-9.0 for both Tracts 2 and 3 combined. Tract 3 totals 38.67 acres. The applicant is presenting two options. Option "A" proposal is to be developed as all single family dwelling. Option "B" will consist of 30.87 acres developed as single family and 7.8 acres developed as commercial development. Option "A" would allow for 93 lots developed as SF-8.0 type, with Option "B" allowing 66 SF-8.0 type lots. The Conditions of the PD proposes that the total lots not exceed 290 units without commercial development, and 264 maximum units with commercial development. The PD Conditions outline a minimum dwelling size adjustment where the dwelling size allowed is subject to the interest rate based upon the Fannie Mae Posted Yields on 30 year Mortgage Commitments. The date of the contract for the purchase of the home shall be effective date of any Minimum Dwelling Size Adjustment for any specific lot. According to the Conditions, the minimum dwelling size could be 1,850 square feet on twenty-five percent (25%) of the lots. The Comprehensive Plan recommends the subject property be developed as low density residential consisting of lots one (1) acre or greater in size. The proposed plan as submitted does not conform to the recommendations of the Comprehensive Plan in regards to residential densities. Comment forms were mailed to ninety-three property owners, with six written responses favoring, and seven opposing the request. Mr. Don Herzog, Herzog Development Corporation, 9696 Skillman, Suite 210, Dallas, Texas, made a presentation to the Commissioners and stated that the three tracts are infill lots, which will match with the existing surrounding developments. The Commissioners discussed in length with Mr. Herzog the trend of house size and lots according to the Interest Rate. After the discussion, Mr. Herzog stated that if the zoning change is approved, the reference to the interest rates will be deleted from the PD Conditions. Chairman Larson opened the Public Hearing. Mr. James Griffin, 301 W. Kirby, #222, Wylie, spoke in opposition of the request and expressed concern of the historical home currently located on the corner of South Ballard Avenue and Alanis. Mr. Herzog stated that the home will not be destroyed, but reviewing several options on moving the house. Ms. Barbara Cobern, 405 Stoneybrook, Wylie, spoke in opposition of the request and expressed concern for the traffic. Mr. Simon Hamilton, 404 Stoneybrook, Wylie, spoke in opposition of the request and expressed concern for the lot and house size. Minutes October 17, 2006 Wylie Planning and Zoning Board Page 4 of 5 A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Goss, to recommend denial with prejudice to the City Council regarding a change in zoning from Agricultural (A) to Planned Development (PD) District. Motion carried 5 — 1, with Commissioner Bennett voting in opposition. ADJOURNMENT A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Goss, to adjourn the meeting at 8:10PM. Motion carried 6— 0. Dennis Larson, Chairman ATTEST: Mary Bradley, Secretary Minutes October 17, 2006 Wylie Planning and Zoning Board Page 5 of 5 Wylie Planning and Zoning Commission CITY OF WYLIE AGENDA REPORT Meeting Date: November 7, 2006 Item Number: 1 Department: Planning Prepared By: Renae' 011ie Subdivision: TXU Lavon Switching Station Date Prepared: 11/01/06 Zoning District: PD 2006-19 Exhibits: Preliminary Plat Subject Consider a recommendation to the City Council regarding a Preliminary Plat for TXU Lavon Switching Station creating four 4 tracts totaling 71.26 acres, generally located south of S.H. 78 and west of Eubanks Road. Recommendation Motion to recommend approval to City Council for a Preliminary Plat for TXU Lavon Switching Station creating four 4 tracts totaling 71.26 acres, generally located south of S.H. 78 and west of Eubanks Road. Discussion The property totals 71.26 acres and will create 4 lots. The property is zoned Planned Development (PD 2006-19) District and has never been platted. Both Tract IA (3.014 acres) and Tract 1B (15.908 acres) will be developed according the regulations of the Commercial Corridor(CC)District. Tract 2 is 38.01 acres in size and will be developed under the regulations of Light Industrial (LI)District. Tract 3 consists of 14.306 acres dedicated as Parkland to the City of Wylie. The plat dedicates a fifty (50) foot wide access road easement from Brown to gain access to the parking spaces for the parkland and access onto Tract 2. The roadway shall be constructed of concrete from Brown to the 10 parking spaces and heavy crushed rock from the ten parking spaces to Tract 2. A Site Plan will be required for the commercial tracts when development is ready The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Approved By Initial Date Department Director RO 11-01-06 City Manager Page 1 of 1 L40. _. �_. 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Net•z,•27•E 6114 \ ,V VOL IESY,PG.1333 s 3 us MEZ6YJ1'E e.., D.R.C.C.L ♦ i Lae NBT3BIst 126T0 \ y` L40 51745410E 31.01 A • \ \ , 10.77 .. t ut N5124735'E 32.31 � \ \ TRACT 2 ..._ 1R 1u..3 w• 4 amlAIPTE N O DOOM MONO STArzu Are CF IS aSSST Tonogo DElmnmo°CP IOW.NO i SM".. \♦ '\ \\ 38.032 AC. m z1 B' Tnens G . \ \.f \\ I" CER1iR)ATE OF APPROVAL \ \3 \ 1.ar > wL31E1R➢FOR ANNOVAL \ \\.. \ \Tr[`' AR.PLAMOINA•2 10 fa0®W DOE \ aR°O,eta ♦ ._ .. \` d I MARA,POD w810101 l \ WOOL Oil'6 NOE,WOO 041E \\ 1T UA ACCEPTED WVaR OR Cr WE.INW 0212 MiLMn9Ola IK Orr�01ETNG Cr I t OTT CF VeS 10IA;KRUM LD1Op NEmw TMAL RAT O'M T.uveW eveaTA•401 lml\OOL OD AMOCO •! \\ �` : ,0 QI OF 4f0,p-�0 CF AL.VO 1E ISUONTDED M I E DITY DLO.AC 5%111101 NO TM YAa2]•ED DE N6AOp 22212220 2.9622208 TO 94�NOG 11E AOPFTNWE I1lIdff BY 9We In NNE 23 TIEREo arse ij1 ���e�, maze In HMO 11S_DAT DF N43L- CITY OF WOE.TEDAI _ �wSo1WLT`pNEL Wµy a0 27$' `'�g6 PRELIMINARY PLAT b Li TR72725 B/64Y �- - -- TXU LAVON SWITCHING STATION 2 &g Attu 13 - SITUATED IN THE FRANCISCO DE LA PINA SURVEY, TRACT,3 _ ea m W ABSTRACT NO.688 1�•1� 4 _ go CITY OF YLIE,COLLIN COUNTY,TEXAS (DEDICATION TO THE CITY OF WYIJE) i 4 cg 33.38 35 0.aW.pE1MalIDN ro 71E O11' m s a'IN p11 6 - -- �UP 11111E e'l TIeS PIAT rAem 8 SURVEYOR OWNER/DEVELOPER: LOPEZGARCIA GROUP TSU ELECTRIC DELIVERY CO. 1825 MARKET CENTER BLVD. 115 W.7TH STREET NOTE: PRELIMINARY PLAT "smart 100.7 Op'' 2806 SUITE 500 RDDM„25 FORT--- - ' DALLAS,TEXAS 75207 WORTH,TEXAS 75102 FOR REVIEW PURPOSES ONLY BROWN ROAD Tw PHONE: 4,74i47 PHONE I3I7)215 202 (A VARIABLE VADDI RIGHT-OF-WAY) FA%::(214)A 41-77 Wylie Planning and Zoning _Ittt Commission CITY OF WYLIE gir AGENDA REPORT Public Hearing Meeting Date: November 7, 2006 Item Number: 1 Department: Planning Prepared By: Renae' 011ie Zoning Case Number: 2006-14 Date Prepared: 10/23/06 Location Map, Aerial Photo, Notification List/Map and Exhibits: Responses Subject Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Single Family — 1A/30 (SF-1A/30) for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-14 Recommendation Motion to recommend approval to the City Council on Zoning Case 2006-14 regarding a change in zoning from Agriculture (A)to Single Family— 1A/30 (SF-1A/30)for proposed single family residential uses. Discussion Owner/Applicant: Clay Blakey The subject property is located south of Alanis Drive and west of Ballard Avenue. The applicant is requesting to rezone 1.746 acres to allow for single family residential uses. The subject property has been within the corporate city limits of Wylie since 1988 and was final platted in April 2006. The plat created two single-family residential lots each being 38,028 square feet(0.873 acres)in size. At the time of platting, no plans for development were submitted. The applicant now desires to construct a residential dwelling on one lot. Because the property was in a holding zone of Agricultural, it must now convert to permanent zoning prior to construction and prior to the issuance of building permits. The Comprehensive Plan recommends low density residential for the subject property. The approved plat has a lot width of 106.78 feet and lot depth of 353.62 feet. The SF-1A/30 requires a lot width of 150 feet and lot depth of 200 feet. Although the lot width is less than required, staff feels that the proposed request meets the intent of the ordinance for larger lots. The proposed dwelling size is a single story dwelling unit totaling 3,131 square feet inclusive of attached garage, porch and a detached garage. Total air conditioned space is 2,164 square feet. The minimum dwelling size required by the SF-1A/30 District is 3,000 square feet, exclusive of garages. Page 1 of 2 Page 2 of 2 The property to the east is .949 acres in size with a total living space of 3,539 square feet. The property to the west is 2.876 acres in size with a two story dwelling unit totaling 1,500 square feet of living space and several accessory buildings on the property. A single family dwelling unit with a total livable space of 1,588 square feet occupies .717 acres southeast of the subject property and fronts Ballard Avenue. CONSIDERATIONS: 1. How other areas designated for similar development will be, or will unlikely be affected by approving the proposed amendment to the zoning map. 2. A zoning classification of SF-1A/30 is in conformance with the Comprehensive Plan. 3. Due to the limited width of the platted property, the lot width can not be met to satisfy the requirements of the Zoning Ordinance. 4. All territory annexed into the city shall be temporarily classified as A/30 (Agricultural District), until permanent zoning is established by the Council. Consider permanent zoning for adjacent properties with existing development. It is staff's recommendation to approve the zoning request and deem the property as legally non-conforming. Notification/Responses: Six (6) notifications were mailed, with one written responses favoring the request returned at the time of posting. Approved By Initial Date Department Director RO 10/24/06 City Manager ; � � � �1 tea S1oneYDroOk Unve ■ m R: _), ., 8 xY o vera m c m m — . - r<_ ____ S � Subject • l' h_ w.e f., Property m a Ax,s, t- Alanis Drive a� aan;s ar F o I O �. 1 ili kl tiiI F::J .._.._,.__ \ �r _ A im- i army / ; w■■■■■■■■ Ror�bioot Do 1`,\, r Ii ul ---- :ifj i_� ____T - "a3 �.,. _ • l LOCATION MAP ZONING CASE #2006-14 i use ~` "~ I ~~~ ~Y ~Iy ~ r J r it ~ ~ ~ ~ 9 ~~ ~ I r "h ' ~, i°°~ ~ I ~ h ,; ,~ i Iii `yl~.7d X~u, ~. 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I am AGAINST the requested zoning as explained on the attached public notice for Toning Case #2006- 1-3. Date, Location & Time of Planning & Zoning Commission meeting: Date, I..ocation & Time of City Council meeting_ Name: Address: Signature: Dale: COMMENTS: Tuesday, No-~ember i, 2006, 7:u^0 pm Municipal Complex, 2000 Highway 78 North, Wylie, Texas Tuesday, November 14, 2006, 6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie, Tetras Wylie Planning and Zoning CITY OF WYLIE Commission AGENDA REPORT Meeting Date: November 7, 2006 Department: Prepared By: Planning Renae' Ollie Date Prepared: 10/23/06 Public Hearing Item Number: 2 Zoning Case Number: 2006-15 Location Map, Zoning Exhibit, Notification List/Map and Exhibits: Responses Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. ZC 2006-15 .. . Motion to recommend approval to the City Council on Zoning Case 2006-15 regarding a change in zoning from Agriculture (A) to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. Owner Arapaho East, Inc. Applicant: LGD Properties, Inc. The subject property is located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. The applicant is requesting to rezone the subj ect property to allow for townhouse development. The proposal will include 41 townhouse units on 5 acres. The property is an odd triangular shape tract that is bordered by Industrial District to the north and west and a Planned Development District currently under construction for mixed use development including residential of varied densities and commercial uses to the east. The entire tract will be developed to Townhouse (TH) District standards with a minimum of 3,500 square feet for exterior lots with side yards and 3,000 square feet for interior lots without side yards. Minimum dwellings size shall be 1,200 square feet. The philosophy of the Comprehensive Plan recommends medium-density residential for the subject property. The medium-density residential category includes only detached single-family dwellings of not more than 4 dwelling units per acre (minimum lot size of 10,000 square feet). Typically these areas are designed as traditional suburban residential neighborhoods located closest to vehicular thoroughfares and urban services such as retail, schools and parks. However due to the constraints in the configuration of the subject property, the requested higher-density renders the subject property more developable. Page 1 of 2 Page 2 of 2 The applicant is proposing to gain access into the development from three points, two from County Road 387 (Forrest Ross Road) and one access from County Road 389 (Lynda Lane). The Townhouse District is a single family residential district allowing between 2 and 7 attached houses on individual lots and requires a minimum lot size of 3,000 square feet. The TH District requires a minimum dwelling size of 1,000 square feet for 2 dwellings, and 1,200 square feet for 3 or more dwellings. The proposed request meets the development standards for yard, lot and space requirements for TH District, including density, height, and unit size. Fees in lieu of parkland dedication will be due at final platting. Notification/Responses: Five (5) notifications were mailed, with no written responses returned at the time of posting. Department Director Initial Date RO 10/24/06 City Manager LOCATION MAP ZONING CASE #2006-~ 5 J o~ .. Pais-2G-D6 16.3"s Frou-CCd flALLAS +2id6350dd7 7-8d3 P-902/002 F-728 ~. ~ ~ .~ ~~ ~ ~ R~ - • M~~ ~~.......+ -/J _~ •3 ~.x' ~ ~4 ~~ - /~ p- - ~J V ~ ~ ~o-rs 'Sc,•x„~~ c~a~ ~o~-r~1 GAl~T~.~ ; g~fL~~SS O N ur Z O Q U d H Q Q Z 0 a o _m z mo m~ O 6 ~ x o~ C~ ~ ~~ ~ P m ~ ~ N ~ o ~~ 6 m m m N~ P N p G P O P m O U m O ~~ ~ ~ n ~ VJ ~ ^ ~ ^ ~ ^ @ n ~ ~ ~ Q-' N x a N x a N y x a a ~ C X O~ O m~ m m m m ~' ~ 0 N ~ N ~ N N • ~ ~ ~ N C ~ ~ ~ ~ Y P ~ O U ~ N ~ U _- U - w ~ ~ ~ m m _ Z m ~ U ~ O Z Z m 6 o a m o m Q Q U U U U p ~ ~ ~ ~ ~ o o U N.1 a ~ ~ ~ N Qr1 Q U ~ ~- o z 0 z ° 0 ~ ~ 0 o 0 U N 0 0 0 N 0 0 r o m ,o ~O c 0 m ~o ~O c 0 m ,o ~O c r-- ~ ~ I~ N ~ o- m ~ ~ r U o U ~ U a U O J i- ~ [O ao ~ N ~ ~ N m ~ m N M ~ ~ ~O a0 O- O N ~*J V ~ ~ ~ W i/ OWNER LOCATION MAP ZONING CASE #2006-15 Wylie Planning and Zoning CITY OF LIE Commission AGENDA REPORT Meeting Date Department: Prepared By: 11 /07/06 Planning Renae' Ollie Public Hearing Item Number: Zoning Case Number: Text Amendment Date Prepared: 10/04/06 Exhibits: Proposed Ordinance Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to Article 2, Section 2.2.B of the Zoning Ordinance that requires complete annexation prior to a zoning application being accepted. Motion to recommend approval to the City Council to amend Article 2, Section 2.2.B of the Zoning Ordinance to require complete annexation prior to a zoning application being accepted. The ordinance being presented will restrict accepting a zoning application prior to property being annexed into the city limits of Wylie. The current ordinance in place does not clearly prohibit zoning running concurrent with annexation. However, it is staff's opinion that since land must be annexed to receive City services, those services include fire and police services, utilities, community services, and refuse collection, as well as planning and zoning related services. Staff further recommends that no change to the official Zoning District Map and zoning district boundaries shall be authorized without the approval of a zoning application. The application shall be processed in accordance with the requirements of Article 8-Development Review Procedures, of this Zoning Ordinance, as amended. No change to the official Zoning District Map and zoning district boundaries shall be authorized or become effective without final action of the Council or a court of competent jurisdiction. No application for zoning shall be accepted for filing unless annexation of the property for which the zoning is sought has been completed. Initial Date Department Director RO 10/26/06 City Manager Page 1 of 1 CITY OF WYLIE, TEXAS ORDINANCE NO.: AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 2, SECTION 2.2, PARAGRAPH B OF THE ZONING ORDINANCE ADOPTED AS ORDINANCE NO. 2001-48 AND INCORPORATED AS APPENDIX A OF THE WYLIE CODE OF ORDINANCES, AS AMENDED; 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 Article 2, Section 2.2, Paragraph B of the City of Wylie, Texas ("Wylie") Comprehensive Zoning Ordinance No. 2001-48 incorporated as Appendix A of the Wylie Code of Ordinances ("Code"), as amended, should be amended; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance No. 2001- 48 and Appendix A of the Code 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 if fully set forth herein. SECTION 2: Amendment to Wvlie's Comprehensive Zoning Ordinance No. 2001-48 Article 2 (Districts and Zoning District Maps), Section 2.2 (Zoning District Mai), Paragraph B. Article 2 (Districts and Zoning District Maps), Section 2.2 (Zoning District Map), Paragraph B of Wylie's Comprehensive Zoning Ordinance No. 2001-48, which is incorporated as Appendix A of the Code, as amended, is hereby amended to read as follows: Ordinance Amending the Zoning Ordinance Page 1 461693.v 1 B. Amendments to Zoning District Map and District Boundaries No change to the official Zoning District Map and zoning district boundaries shall be authorized without the approval of a zoning application. The application shall be processed in accordance with the requirements of Article 8-Development Review Procedures, of this Zoning Ordinance, as amended. No change to the official Zoning District Map and zoning district boundaries shall be authorized or become effective without final action of the Council or a court of competent jurisdiction. No application for zoning shall be accepted for filing unless annexation of the property for which the zoning is sought has been completed. SECTION 3: Savin~s/Repealin~ Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, 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, 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 ordinance shall remain in full force and effect. SECTION 4: 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. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, 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 Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. Ordinance Amending the Zoning Ordinance Page 2 461693.v 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of , 2006. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary DATE OFPIIBLICATION: ,Wylie Enterprise Ordinance Amending the Zoning Ordinance Page 3 461693.v 1 Wylie Planning and Zoning CITY OF Commission LIE AGENDA REPORT Meeting Date Department: Prepared By: 11 /07/06 Planning Renae' Ollie Public Hearing Item Number: Zoning Case Number: 4 Text Amendment Research Information Date Prepared: 10/26/06 Exhibits: Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to Article 3, Section 3.41ighting requirements of the Zoning Ordinance specifying spacing distance between poles. Staff request direction. The current ordinance has separate requirements for lighting along open space and lighting along sidewalks. Article 3, Section 3.4 states that open space easements, public walkways and trails must provide solar-controlled lighting on 10-12 feet decorative poles every 100 feet, while all sidewalk lighting in residential districts must be on decorative poles spaced every 150 feet at intersections and mid-block. Discussions with builders led staff to research space requirements for lighting in residential subdivisions. After researching several city codes, staff finds that there is no set distance requirement, but rather a matter of preference. The distances vary by city, ranging from a maximum of 600 feet along streets to 150 feet along residential collector streets. The previous zoning ordinance allowed maximum spacing of 200 feet apart on each side of the street. The purpose of this request is to get direction from the Commission on the intent of the requirements as set forth in the new Zoning Ordinance. In essence, The new code has a street light at every other lot. In discussing the issue with FEC and TXU the estimated cost is $20.00 with 100 watt bulb, per month for the City. From a traffic stand point the street lights are recommended at intersections, dead-ends, and cul-de-sacs. From a safety issue, the Police Department considers the lights as a security blanket and encourages all pedestrians to be in a state of awareness. If the Commission recommends leaving the ordinance as it is, then it is simply a matter of interpretation that the intent of the ordinance is to require sidewalk lighting every 150 feet on alternating sides of the street. However, if the Commission deems that the spacing needs to be amended then action would need to be taken in a motion to forward to Council. Page 1 of 2 Page 2 of 2 Considerations: 1. Revising the Ordinance to allow spacing more than 150 feet for sidewalk lighting on alternating sides of the street. 2. Revising the Ordinance to allow a maximum distance requirement for sidewalk lighting on alternating sides of the street. 3. Revising the Ordinance to allow a maximum distance requirement for open space easements, public walkways and trails. 4. Revising the Ordinance to allow varied spacing requirements based on street type paving width. 5. Maintaining the Ordinance as it is with the intent of spacing at 150 feet on alternating sides of the street. 6. Maintaining the Ordinance as it is with the intent of spacing at 100 feet for open space easements, public walkways and trails. Department Director Initial Date RO 10/3 0/06 City Manager The City of Plano, Texas Official Website Page 1 of 2 s ~~ rrioay, Novem Der D3, z00G T~ :-r~~17 .r.ij..1 _a~!u?a.i~~ _ t ~ ~, ~"~ -t:;~~ ~,I~~rr i ~ ri ,ii t '~ Home n ~ ~a€tments n Engineer - ; » Street Lights Street Lights Engineering _: , City Council has recently approved a new type of "dark - - Beards and Con skies I€ghUng for resident€al areas. This type of fixture is designed to focus light downward, making the night sky much more visible. community lnvc Homeowners interested in changing out current lights Program for the new "dark skies" type of lighting, should be aware that there are additional costs which they will be oavetopment responsble for at the time of upgrade. a _ - i ..y` Please contact Emy Pacllbon, P.E., Senior Engineer, at j Transportation the City of Piano for more information about how to ' make the stars brighter in your neighborhood: 972-941-` - `,~ ---~.: Gansultam Ssle 7317 y =''~ ~ `~ STRI=ET LIGHTING REQUIREMEf~tTS/ REQUESTS - _ ~ Contact Us Residential Criteria ~` FaCiS"sties iaanac_ 1, a- All lights will be 100W HPS. b. Lights will be placed at all street intersections except at major thoroughfares where F300d ?fain Pdtar median lighting is existing. Links c. Lights wilE be spaced a maximum of S00 feet along streets. d. Lights will be placed no closer than 500 feet except for intersections, in cut-de-sacs, and f~anuais, Form=_ where curves, grades, etc_, require additional lighting, [)etai:s e. Ail cut-de-sacs longer than 200 feel from centerline of street to center point of cut-de-sac whais haw shall have a light at the street intersection and at the end of the cut-de-sac. f. All severe street corners, cures, etc. shaft be lighted. Right-of-Way Pn. g. Lights shall be placed so as to gain the maximum use of existing and proposed physical characteristics. Road Coststrrac4 All intersections of residential or coE[ector streets and unimproved major thoroughfares shall scream dank S: be lighted with temporary 250W HPS lights Where there are no wooden poles for installation of such lights, poles shall be installed at the expense of the Developer. Residentia( Requests Street Lights If a request for an additional street Eights is wanted closer than the City of Plana standards fisted above, the requestor has the responsibility of participating in the cost of having the street light(s) installed. This would require the foElowing: a The requestor must submit a petition requesting the street fight, from the homeowners withSn 30D feel of the proposed street light, to the Gity of Plano. For the City of Piano to approve any participation in the cost of installation, Fhe petition must be signed by a minimum of 80% of those living wdhin 3DD feet of the proposed street light and signed by the homeowner whose propeRy the light will be located on. b. If item #1 is compieted, then the homeowners would be required to participate in the cost http://www.plono.gov/Departments/Engineering/street_lights.htm 11/03/2006 Tkre Ciry of Plano, Texas Off vial Website of the installation of additional street fight(s) with the Cily of Plano paying one-third of the cost and the requesting homeowners paying the Tema€ning two-thirds. (The approximate cost for installation of a standard galvanized steel pole and light according to T.U. Electric is anywhere from $1600 - $240Q depending on location of existing electrical service.) With the approval from the Ciiy of Plano and cost participation from the homeowners, the City will request that the appropriate electric company gain any necessary easements and install the street light. In same instances the homeowners adjacent fo the proposed street light may be required to provide an easement for electrical service to the kight. Return to Engineering Division Copyright G 2CC5 The C y a` Piano, i52C Ave~~tue K, Pia^o, 'X 75C74 Map to Gity !-fall questions or comm2a,`s? Email webn^.ast~r~olane.gov or call (972)941-7C6C. Privacy °oicy Page 2 of 2 http alwwvr.piano. gov/Departments/Engineering/screei_lights.htm 11 /03/200b ALLEN LAND DEVELOPMENT CODE Ord. No. 2137-1-03 Ord. No. 2339-9-04 5. Pro Rata Reimbursement a. Upon application and payment of applicable fees and charges, the water and sewer department will permit connection to existing water and sewer lines in the City. [f a person, corporation, property owner, developer or other entity (collectively referred to in this section as the "developer") has oversized or constructed an off-site water or sewer main or line to which the applicant desires to connect, a pro rata line charge, as set forth in the fee schedule of this Code, shall be made against each lot or tract of land that fronts or abuts such main or line in order to recover lot or tract fees to be placed in #rust for the purpose of reimbursement of the developer. b. The City Manager, or designee, on behalf of the City may enter into a pro rata agreement with an individual, corporation, property owner, developer or other legal entity that has oversized and/or constructed an extension of an off-site water and/or sewer main or line to reimburse, such person or entity, the cost of such oversize or extension from pro rata charges collected by the City and placed in trust for such developer. The developer shall be reimbursed such costs solely from the collection of pro rata charges. The term or length of reimbursement of a developer under a pro rata agreement shat[ begin on the date of final acceptance of the facilities by the City, and shall continue for a period not fo exceed ten (10) years. Any sums o€ money collected as a pro rata charge shall be credited to the Water and Sewer Fund of the City for reimbursement to the developer on the submission of an invoice to the City. Ord_ No. 2151-3-03 Section 8.11. Street Lights. 1. Street lights are required at all intersections, in cut-de-sacs, major street curves, and developers shall furnish satisfactory easements €or the installation of services to street lights, normally 10-feet in width, 2. ]Ilumination standards shall conform to the following requirements: Street Type, Light Nominal gverage Spacing (in Mounting Pole Style Paving Width Source Lamp Size !Ilumination feet) Height (in Configuration (in feet) (in Watts) Intensity in Foot- feet) Candles Local Residential MV 175 0.4 to 0.6 200 to 350 28 Existing utility, Steel or 27-31 Ft. HPS 100 0.4 to 0.6 250 to 350 16-26 Fiberglass pole HPS 150 0.4 tc 0.6 200 to 300 26 Residential MV 175 0.4 to 0.6 950 to 350 32 Existing utility Collector , St l ee or HPS 150 0.4 to 0.6 200 to 3011 g2 Fiberglass pole 8.33 ALLEN LAND DEVELOPMENT CODE 36 to 40 HPS 200 0.4 to 0.6 250 to 300 32 Non-Residential HPS 150 0.6 180 to 220 32 Existing utility, or Collector l St l po ee e HPS 200 0 6 200 fa 240 32 44 Undivided Minor Arterial FIPS 150 0.6 TO 0.9 220 to 280 32 Twin Luminaries 2 - 24 Lanes w/ on Single Stee[ HPS 200 0.6 TO 0.9 240 to 280 32 pale in median 14 Ft. Median Principal Arterial HPS 150 1.0 175 tv 200 32 Twin Luminaries 2-36 Ft. Lanes w/ on Single Steel 14 Ft. Median HPS 20D 1.D 190 l0 230 32 Pole in median HPS 250 1.0 230 to 280 40 3. Street illumination in new subdivisions shall be approved by the City Engineer and reviewed by the Allen Police Department. 4. Minimum pole standards shall be square, straight steel painted dark bronze with an anchor base except as may be otherwise approved by the Commission. 5. Luminaire type shall be standard rectangular metal with High Pressure Sodium Lamps. All service shall be underground. 6. Developers will pay 100% of the costs of street light installations and the first two years of estimated power usage before acceptance of the subdivision. The amount to be escrowed sha[l be determined by the following formula: the monthly charge per light fixture as determined by the appropriate power company (M) times 24 months (24) times the number of fixtures in the subdivision {F}. Section 8.12. Landscape lrrigation Systems. A fully automatic irrigation or sprinkler system of a type and design approved by the City shall be provided within all completed street medians or other landscaped areas. Connections under the street and between median cuts shall be provided to all unfinished medians for future development of the irrigation system. Irrigation system plans and their approval shall be accomplished in accordance with Section 7.05.5 of the ALDC and be consistent with the City of Allen Water Conservation Ordinance. Ord. No. 2338-9-04 Section 8.13. Drainage IRequirements. 1. General Requirements - All storm sewer systems shall conform to the City's Standard Construction Details-Storm Drainaae 2. All storm drainage facilities in the City of Allen shall be designed in accordance with the City of Allen Design Manual 'for Storm Drainage Facilities based on ultimate watershed development for the 100-year frequency design storm and all facilities shall accommodate runoff from the entire drainage area, whether inside or outside the subdivision or addition. 3. 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