11-07-2006 (Planning & Zoning) Agenda Packet Planning & Zoning
Commission
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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
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CITY OF WOE.TEDAI
_ �wSo1WLT`pNEL Wµy a0 27$' `'�g6 PRELIMINARY PLAT
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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
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OWNER NOTIFICATION MAP ~^~~_
ZON#NG CASE #2006-~ 4
1'TTBL.TC COMMENT k'OTi~T
{Please type or use black inkJ
Department of Planning
2000 Highway 78 North
Wylie, Texas 75098
I am FOlt the requested zoning as explained on [he attached public notice for Zoninb Case #2006-14.
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
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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. If any portion of the property confiains a drainage course, lies within 100 feet from the top o€ a high
8.34
Discussion
Staff is asking for direction for permitting mini-warehouse (self-storage) to Light
Industrial Zoning Districts.
Attached are excerpts from Zoning Ordinances from: Plano, Murphy, Allen and
McKinney on the location of mini-warehouses.
i..
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