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12-21-2004 (Planning & Zoning) Agenda Packet Planning & Zoning Commission • 4/ City of Wylie December 21 , 2004 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday,December 21,2004 7:00 p.m. CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the December 7, 2004 Regular Meeting. ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Preliminary Plat for the Ambers Cove Addition. Subject property being all of a certain 12.290 acre tract of land described in a deed to George F. Keltch, as recorded in County Clerk's File Number 97-0017475, Deed Records of Collin County, Texas, and being situated in the L. B. Outlaw Survey, Abstract No. 676, Collin County, Texas, and the Nathaniel Alterberry Survey, Abstract No. 1099, Collin County, Texas. PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to the Zoning Ordinance defining and regulating body piercing and tattooing establishments. ADJOURNMENT A �ttttiutiiiri�i Posted Friday, December 17, 2004, at 5:00 p.m. e THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTEND! MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442.8100 OR TDD AT 442.8170. MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 December 7, 2004 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Red Byboth Claude Thompson, Director Don Hughes Mary V. Bradley, Secretary Dave Hennesey Renae 011ie, Assistant Planner Dennis Larson Chris Seely Kathy Spillyards Commission Members Absent: Mike Phillips CALL TO ORDER Chairman Seely called the meeting to order at 7:04PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Byboth gave the invocation and Commissioner Larson led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak before the Commission. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the November 16, 2004 Regular Meeting. Chairman Seely recommended that on page 6 of the minutes, a statement to close the Public Hearing was not noted. A motion was made by Commissioner Byboth, and seconded by Commissioner Larson, to approve the minutes with changes to amend page 6 to include a statement to close Public Hearing. Motion carried 6 —0. P & Z Commission Meeting December 7, 2004 Page 2 of 5 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Rubalcava Industrial Park Addition. Subject property being all of a certain 5.359 acre tract of land generally located west of Hooper Drive and east of the Steel Industrial Park Addition and south of F.M. 544, being a part of that tract of land described in a deed to Raul Rubalcava and Mirey A. Rubalcava as recorded in County Clerk's File Number 94-0075684, Deed Records of Collin County, Texas, and being situated in the W. M. Sachse Survey, Abstract No. 835, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat will create three lots totaling 5.366 acres. Lot 1 is 2.316 acres in size, Lot 2 is 1.281 acres in size, and Lot 3 is 1.450 acres in size. Two existing buildings on Lot 1 will remain as shown on the Preliminary Plat, which was approved on October 5, 2004. No site plan has been submitted for lots 2 and 3, however, prior to issuance of building permit a site plan must be approved by the Planning and Zoning Commission. The Plat provides a 30 foot Right-Of-Way Dedication for existing Steel Road. With no questions for Staff, a motion was made by Commissioner Larson, and seconded by Commissioner Byboth, to recommend approval of the Final Plat for Rubalcava Industrial Park Addition to the City Council meeting on December 14, 2004. Motion carried 6 - 0. 2. Consider a recommendation to the City Council regarding a Preliminary Plat for Akin Addition. Subject property being generally located at W.A. Allen Blvd. and Springwood Lane, and being all of a certain 10.1.54 acre tract of land conveyed to the Wylie I.S.D. by deed recorded in Volume 2448, Page 867, Deed Records of Collin County, Texas. Thompson stated that the Agenda should state "Final Plat" and not "Preliminary Plat" as posted. The Preliminary Plat was approved on November 2, 2004. The property includes 10.154 acres and will create 6 single-family residential lots, each exceeding 10,000 square feet, and 1 lot for the existing elementary school. The subject property is zoned Single Family 8.5/17 District, and has never been platted. WISD is in the process of expanding Akin Elementary School, and has declared the eastern portion of the campus to be surplus property. P & Z Commission Meeting December 7, 2004 Page 3 of 5 A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to recommend approval of the Final Plat for Akin Addition to the City Council meeting on December 14, 2004. Motion carried 6 — 0. PUBLIC HEARINGS 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) and Neighborhood Services (NS) to Planned Development (PD) District for single-family residential uses of varied densities, being a 185.1449 acre tract of land situated in the E.M. Price Survey, Abstract No. 725, the D.W. Williams Survey, Abstract No. 980, the Nathaniel Atterbury Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E.M. Price Survey, Abstract No. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract of land and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co., recorded in Volume 561, Page 226, Deed Records, Collin County, Texas (D.R.C.C.T.). (Zoning Case No. 2004-25) Thompson stated that the Comprehensive Plan recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (1 acre lots), with which the proposed development does not comply. The proposed development eliminates 0.4 acres of Neighborhood Service, which does comply with proposed revisions to the Comprehensive Plan. The Conditions of the Planned Development (PD) proposes 510 Single Family lots with park/trail and school, or as many as 600 lots if no school or park are provided. The minimum lot size proposed is 8,500 square feet with 45%to be larger than 10,000 square feet and 10% larger than 12,000 square feet. The minimum dwelling size is to be 2,400 square feet, compared to 1,700 square feet for 8,500 square foot and 1,900 square feet for 10,000 square foot lots. Mr. Richard Skorburg, 3838 Oak Lawn Avenue, Suite 1212, Dallas, Texas 75219, represented the applicant of the subject property, presented a slide show with models of homes proposed within the subject development, and Paul Taylor Homes as the builder. Mr. Skorburg stated that there is a market for larger homes on smaller lots. The Commission has approved similar schemes on this property, but the Council has turned them down, and the current submittal incorporates all of the requests made by Council and neighboring property owners. Commissioners discussed with Mr. Skorburg the PD Conditions proposing to allow Day Cares without a Special Use Permit. After the discussion, Mr. Skorburg agreed to strike number 13 from the PD Conditions which stated that a Day Care is allowed without a SUP. P & Z Commission Meeting December 7, 2004 Page 4 of 5 Chairman Seely opened the Public Hearing. Ms. Nancy Hansen, 806 Meadow Drive, Wylie, property owner adjacent to the subject property, spoke in opposition of the zoning change and questioned the definition of dwelling size. Thompson responded that the proposed size of the house covers total area under the roof and not just living area. Mr. Marvin Fuller, 355 Donna, Wylie, Texas, questioned the access from the surrounding developments not within the city limits. Thompson stated that the streets are not within the city's jurisdiction and FM 544 is controlled by the County. Property owners to the south and northeast have specifically requested that no access be provided through their lands. Staff will not allow properties to become landlocked or even be limited to a single point of access, but such is a platting issue rather than a zoning/land use. Mr. Bob Skipwith, 1450 Elm Drive, Wylie, Texas, adjacent property owner, recommended 10K to 12K minimum lot size adjacent to his property. Mr. Skorburg agreed to commit to have 10K to 12K around the edge of the park, north east of park and south of Elm Road. Chairman Seely closed the Public Hearing. A motion was made by Commissioner Hughes, and seconded by Commissioner Larson, to approve the Zoning Change 2004-25 with renumbering of the PD Conditions striking number 13, and to include larger lots along east of the park, edge of the park and south of Elm Road. Motion carried 4 — 2, with Commissioners Byboth and Hennesey voting in opposition. WORK SESSION 1. Consider an amendment to the Zoning Ordinance, defining and regulating the location of body piercing and tattooing establishments. Thompson stated that some Council members have requested to amend the Zoning Ordinance to restrict body piercing and tattooing establishments. A public hearing has been advertised for December 21, and for Council on January 11. • A motion was made by Commissioner Spillyards, and seconded by Commissioner Hughes, to hold a public hearing on December 21, 2004. Motion carried 5 — 0. 2. Discuss land use philosophy and potential revisions to the Comprehensive Plan. P & Z Commission Meeting December 7, 2004 Page 5 of 5 Thompson stated that the continuation of discussion to the Comprehensive Plan will be postponed until January. ADJOURNMENT A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to adjourn the meeting at 9:00PM. Chris Seely, Chairman Mary Bradley, Secretary CITY OF WYLIE PLANNING & ZONING COMMISSION AGENDA ITEM Agenda Item No. Meeting Date: December 21, 2004 Consent Case Name: Amber's Cove Addition Action 1 Prepared By: Renae' 011ie Public Hearing Exhibits: Preliminary Plat Miscellaneous Other AGENDA SUBJECT: Consider a recommendation to the City Council regarding a Preliminary Plat for Amber's Cove Addition, generally located west of Troy Road and South of Bozman in Collin County, Texas. STAFF RECOMMENDATION: Approval SUMMARY: The Preliminary Plat under consideration will create six (6) single-family residential lots. These lots will each exceed 2 acres in size. This property is within unincorporated Collin County and does not fall within the city limits of Wylie and cannot be annexed. Developer will dedicate 25 feet of right-of-way of existing Troy Road. APPROVED BY: Initial Date Department Director: CT \ 12/14/04 1 I a 0 07 t�i VICINITY MAP 4APSC0i ,35K PRELIMINARY PLAT N.T.S. STATE OF TEXAS o / STATE OF TEXAS COUNTY OF COLLIN COUNTY OF DALLAS \ FOR REVIEW PURPOSES ONLY OWNERS CERTIFICATE BEFORE EFSTAO EONETHISEDUNDERSIGNEDLLY NOTARY AREDPUBLIC IN AND KELTCH, COUNTSOWN BYAND TO C7 BOZMAN WHEREAS GEORGE F.KELTCH AND HOLLY FARLEY KELTCH ARE THE OWNERS OF A TRACT OF BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT d WILLOW BEND LAND SITUATED IN THE L.B.OUTLAW SURVEY,ABSTRACT NO.676,COLLIN COUNTY,TEXAS AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME FOR THE PURPOSES WAY AND THE NATHANIEL ALTERBERRY SURVEY,ABSTRACT NO.1099,COLLIN COUNTY,TEXAS,AND AND CONSIDERATIONS THEREIN EXPRESSED. WESTLAKE � BEING ALL OF A CALLED 12.290 ACRE TRACT OF LAND DESCRIBED IN A DEED TO GEORGE F. Z 0 cr. i GRAPHIC SCALE L-o w KELTCH,RECORDED AS INSTRUMENT NO.97-0017475,DEED RECORDS,COLLIN COUNTY, GIVEN-UNDER MY.HAND.AND SEAL OF OFFICE THIS. DAY OF 2005_ ..... 3 o_ Sp p 50 100 TEXAS,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 'o w x a LAKE RAY �� __ _ �� — (IN FEET) BEGINNING AT A 1/2 IRON ROD SET FOR CORNER IN TROY ROAD AT THE SOUTHEAST - HUBBARD NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ` LAKEVIEW 1N ` WESTLAKE COURT I INCH=100 FEET CORNER OF WESTLAKE HILLS I,AN ADDITION TO COLLIN COUNTY,ACCORDING TO THE PLAT i `\Ay \ (60'R.o.W.) — THEREOF RECORDED IN CABINET C,PAGE 435,PLAT RECORDS,COLLIN COUNTY,TEXAS,SAID woODCT. POINT ALSO BEING THE NORTHEAST CORNER OF SAID 12.290 ACRE TRACT,FROM WHICH A MY COMMISSION EXPIRES: CT. SITE \`•c 1/2"IRON ROD FOUND FOR REFERENCE BEARS NORTH 69.50'32"EAST,A DISTANCE OF 1.18 \¢ BLoIK 1 I FEET AND FROM WHICH A 1/2"IRON ROD SET FOR REFERENCE BEARS NORTH 89'20'32" \\ I wesTLAKE HILLS I I roM WEST,A DISTANCE OF 30.00 FEET; \f CAB.-C;PG:435 j \ P.R:C.C.. N I I -i I I `1, THENCE SOUTH 02'12'45"WEST ALONG THE EAST LINE OF SAID 12.290 ACRE TRACT,A LOT 34 ; m oa DISTANCE OF 1085.78 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF.A 1 I wo- LAWRENCE NEYMAN STATE OF TEXAS - ` \ LOT 4 I LOT 3 I LOT 2 LOT t I I 3" VOL 4924,PG.2090 TRACT OF LAND DESCRIBED IN A DEED TO RONALD F.MARTINEZ,OF RECORD IN VOLUME COUNTY OF DALLAS \ ' 1\I I ,V D.R.C.C.T. 1586,PAGE 874,DEED RECORDS OF SAID COUNTY,FROM WHICH A 1/2"IRON ROD SET FOR 1 \ I I n I .I REFERENCE BEARS NORTH 89'50'12"WEST,A DISTANCE OF 20.00 FEET; SURVEYORS CERTIFICATE 0 w D�iv a LOT 12 ` 1\ I NE89122321.RWFOR30REOF0. I FI FND 1 2"I.R.FOR REF. DISTANCE OTHENCE FT3149020FEET TOSA 1/2" IRON ROD THE TFOUND oOR LAST CORNERMENTIONED AN EXTERIOR"ELL" DO HEREBYCC CERTIFY THAT REGISTERED PREPAREDS�HISLPLATLAND FROMSURVEYOR AN ACTUAL ON THE GROUND TEXAS, 1 LOT 33 $ 7'2'42"E , ,I" 69•so'3z"E , .18'. CORNER OF 5 A TRACT OF LAND DESCRIBED IN A DEED TO DAMES PRICE ET UX,OF.RECORD IN SURVEY OF THE LAND;-AND THE-MONUMENTS-SHOWN HEREON WERE FOUND-AND/OR-PLACED •- FND 3 8 I.R.b .12,,96.01-�- S 89 20 2 E 330.17 J.C.�ouETr SURVEY,AesT.a7s VOLUME 5251,-PAGE 796.,DEED RECORDS OF SAID COUNTY; UNDER MY PERSONAL SUPERVISION IN ACCORDANCE WITH THE PLATTING RULES AND ..... 1 / ATRVE L ALTER BEY � FND t/z"I.R. L.B.ouTtAw L.B.OUTLAW suRVEv ABST.676 REGULATIONS OF THE CITY PLAN COMMISSION OF THE CITY OF WYLIE,TEXAS. URVEY, ST.109 SURVEY,ABST.676 1 i iv THENCE NORTH 00'48'02' EAST PARTLY ALONG AN EAST LINE OF LAST MENTIONED TRACT WITNESS MY HAND AT GARLAND,TEXAS, i ,n o N:70a797.z1 BEGIN AND PARTLY ALONG A TRACT OF LAND DESCRIBED IN A DEED TO HENRY A.MARTINEZ,OF o 0, I E:25791 7.29 F RECORD IN VOLUME 1484,PAGE 122,DEED RECORDS OF SAID COUNTY,RESPECTIVELY,ADISTANCE THIS DAY OF 2005. LOT t1 \`' N Z,1 01 A� ES RAY B;2,66c Er ux NORTHERN ONORTHEAST F 339.34 FCORN R OFEET TO A /LAST 8" RMENTIONED MARTINEZ TRACTON ROD FOUND FOR ; RELEASED AT THE MOST RELEASED 12-03-04 FOR REVIEW PURPOSES ONLY.THIS 1 VOL.4216,PG.495 DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. I 882 9"E 62 3a' THENCE NORTH 79°20'22"WEST ALONG THE NORTH LINE OF LAST MENTIONED TRACT,A LOT 32 0 IT ROBERT C.MYERS,R.P.L.S. 3963 <— ;, \ 0 DISTANCE OF 287.92 FEET TO A POINT FOR CORNER AT THE MOST NORTHERN NORTHWEST `"= 1 CORNER THEREOF IN THE EAST LINE OF BLOCK 1,WESTLAKE HILLS II,AN ADDITION TO U w'-1 M \ COLLIN COUNTY,ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C,PAGE 431, o""� n 0T 495- — PLAT RECORDS,COLLIN COUNTY,TEXAS,FROM WHICH A 1/2"IRON ROD SET FOR REFERENCE STATE OF TEXAS LOT 10 m. a O e — z IG QC $ BEARS NORTH 79'20'22"WEST,A DISTANCE OF 5.00 FEET; COUNTY OF DALLAS °° 1 a9A THENCE NORTH 00'04'08"EAST ALONG AN EAST LINE OF LAST MENTIONED ADDITION,A BEFORE ME,THE UNDERSIGNED,A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE ON ——_ I SET t/z"I.R. Br 1s^E 622.56 ^I DISTANCE OF 418.42 FEET TO A 1/2"IRON ROD SET FOR CORNER AT AN ANGLE POINT THIS DAY PERSONALLY APPEARED ROBERT C.MYERS,R.P.L.S.NO.3963,STATE OF TEXAS, 4J I THEREOF; KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT LOT 31 r-mac... L AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND v.� _ THENCE NORTH 01°32'13"EAST CONTINUING ALONG AN EAST LINE OF SAID ADDITION,A CONSIDERATIONS HEREIN EXPRESSED. I M L T 3 DISTANCE OF 290.52 FEET TO A 3/8"IRON ROD FOUND FOR CORNER AT AN EASTERN L3i1 _�� 1O A S a92- � T. NORTHEAST CORNER OF SAID WESTLAKE HILLS II ADDITION,SAID POINT ALSO BEING IN THE GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF ,2005. uw' (VOL 2718,PG.299) a SOUTH LINE OF SAID WESTLAKE HILLS I ADDITION; N—ox..— —N - DOUGLAS R.PARKER ET UX LOT 8 LOT 9 Y v m N<a \ �- 8 VOL 4143,PG.3655 a THENCE SOUTH 87'22'42"EAST ALONG A SOUTH LINE OF SAID WESTLAKE HILLS I ADDITION, J a /- TT B'IS"E 317 ' D.R.C.C.T. 3 1 \ - N A DISTANCE OF 296.01 FEET TO A 1/2"IRON ROD FOUND FOR CORNER AT AN ANGLE POINT ------------___�____��_ U R8 0n ^ THEREOF; NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS , I LOT 30 w �-4gg` & -g'- THENCE SOUTH 89'20'32"EAST,CONTINUING ALONG A SOUTH LINE OF SAID ADDITION,A % L 484 -� N U DISTANCE OF 330.17 FEET TO THE PLACE OF BEGINNING AND CONTAINING 12.963 ACRES OF m 100 ACRRRES AQ' ,_ LAND. ---8ra7'S"E 61 T:NT \ .\p OWNERS DEDICATION --�a> 8 o >. NOW THEREFORE,KNOW ALL BY THESE PRESENTS: "RECOMMENDED FOR APPROVAL" \ N'7*..1 ) (--__.-—-/LG -- a�2 �r, THAT GEORGE F.KELTCH,JR.AND HOLLY FARLEY KELTCH,DO HEREBY ADOPT THIS l LOT z9 2 127 ACRES "' ~ TERRY A.REEL PLAT,DESIGNATING THE HEREIN ABOVE DESCRIBED PROPERTY AS AMBERS COVE \ SET 1/z"I.R.FOR REF. \ A6 �. \ UHL 4157,PG.1063 ADDITION,AN ADDITION TO THE CITY OF WYLIE,TEXAS,AND DOES HEREBY DEDICATE, N 79'20'22"w s.00' \ O D.R.C.C.T. IN FEE SIMPLE,TO THE PUBLIC USE FOREVER,THE STREETS AND ALLEYS SHOWN \ 7 22 THEREON.THE EASEMENTS AND PUBLIC USE AREAS,AS SHOWN ARE DEDICATED,FOR LOT 27 LOT 28 \ ND 3/8"I.R. \/ THE PUBLIC USE FOREVER,FOR THE PURPOSE INDICATED ON THIS PLAT.NO BUILDINGS, l0 2 92' s 47 FENCES,TREES,SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS SHALL BE \ \ 2 Is' /_ CONSTRUCTED OR PLACED UPON,OVER OR ACROSS THE EASEMENTS AS SHOWN, �Im `�66 \ EXCEPT THAT LANDSCAPE IMPROVEMENTS MAY BE PLACED IN LANDSCAPE EASEMENTS,IF \ APPROVED BY THE CITY OF WYLIE.IN ADDITION,UTILITY EASEMENTS MAY ALSO BE - u USED FOR THE MUTUAL USE AND ACCOMMODATION OF PUBLIC UTILITIES DESIRING TO ml w M �6� GLE VOL. wELLBROCK Er ux USE OR USING THE SAME UNLESS THE EASEMENT LIMITS THE USE TO PARTICULAR a — ————— j ——--y • � NNaWEL PG.K ET UTILITIES,SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND D.R.C.C:T. HENRY A.MARTINEZ n � CITY OF WYLIE'S USE THEREOF.THE CITY OF WYLIE AND PUBLIC ENTITIES SHALL HAVE r VOL.1484,PG.122 p+�'' / �I D.R.C.C.r. �� THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS,FENCES, ,, m TREES,SHRUBS OR OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY C E °o ________ ENDANGER OR INTERFERE WITH THE CONSTRUCTION,MAINTENANCE,OR EFFICIENCY OF LOT 23 LOT 22 / LOT 21 sI a N 46y —— THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS THE CITY OF WYLIE AND PUBLIC / UTILITY ENTITIES SHALL AT ALL TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, 'I a ° RECONSTRUCTING,INSPECTING,PATROLLING,MAINTAINING,READING METERS,AND ADDING / BLOCK 1- a �62 TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE SYSTEMS WITHOUT THE / WESTLAKE HILLS B z —————— A i NECESSITY AT ANY TIME PROCURING PERMISSION FROM ANYONE.THIS PLAT APPROVED CAB.C,.C.431 / p' SE 1/2 I. Fo REF. N:7046866.40I SUBJECT TO ALL PLATTING ORDINANCES,RULES,REGULATIONS AND RESOLUTIONS OF ^/ P.R.C.C.T. / \N E:2579i55.3& T AL THE CITY OF WYLIE,TEXAS. \ —/ FND 1/2"I.R.< \9'Sp'1� 2 00' VOL 478 TUK 55PGT 2167 ___ WOODMEADOW � DAMES PRICE ET UX I- �N 89'S0,12"W 314.02' D.R..C.T. WITNESS,MY HAND,THIS THE_ DAY OF ,2005. PRELIMINARY PLAT VOL 5251,PG.796 COURT ( D.R,C.C.T. I RONALD F.MARTINEZ AMBERS COVE ADDITION VOL.1586,PG.874 BY: __�___ BY: �_ \ LOT 20 I I I D.R.C.C.T. I GEORGE F.KELTCH HOLLY FARLEY KELTCH LOTS 11 —V� 1 LOTS 1—V BLOCK \ LAT OF \ I I a i I STATE OF TEXAS 12.963EACR SING A POUT OF THE \ ( I —I HENRY A.MARTINEZ I COUNTY OF DALLAS vOL.1484,PG.122 L.B. OUTLAW SURVEY, ABSTRACT NO. 676 AND \ m D.R:c.c.T. BEFORE ME,THE UNDERSIGNED,A NOTARY PUBLIC IN AND FOR SAID COUNTY AND DAMES PRICE 0 4 a \ ( INST.N0.95-OD29421 m I MARCOS F.MARTINEZ STATE ON THIS DAY-PERSONALLY APPEARED GEORGE F.KELTCH,KNOWN BY ME TO NATHANIEL ALTERBERRY SURVEY, ABSTRACT NO. 1 099 D.R.C.C.T. " , VOL.4 D.R.C.CT.3373 BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT COLLIN COUNTY, TEXAS \ I ( 1a I AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES NOTES:` " w AND CONSIDERATIONS THEREIN EXPRESSED. 1. BEARINGS ARE BASED ON CITY OF WYLIE ( w 1 NI STREET ADDRESS:2405 TROY ROAD G.P.S.CONTROL MONUMENTS NO.2 AND 5. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS_M_DAY OF N__,2005. NOWEMBER 30,2004 SURVEYOR: SCALE:1" 100' ' ANALYTICAL SURVEYS,INC. Z 2. SELLING A PORTION OF THIS ADDITION BY 41 0 - O I __ 707 EASY STREET F METES AND BOUNDS IS A VIOLATION OF w NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS GARLAND,TEXAS 75042 A CITY ORDINANCE AND STATE LAW AND IS zlm (972)272-6287 (972)272-8407(F) , p SUBJECT TO FINES AND WITHHOLDING OF 111 MY COMMISSION EXPIRES: {l C 11 11 111 d UTILITIES AND BUILDING PERMITS. z 1 DEC 7 ZU04 11;11 W 3. ALL 1/2"IRON RODS SET FOR CORNER o1MNER: `iJ 7 AS SHOWN HEREON HAVE A YELLOW CAP STAMPED"R.P.L.S.NO.3963". GEORGE AND HOLLY KELTCH 0r__ DATE: . R-550 1614 NANTUCKET a4. CONTOURS SHOWN HEREON WERE OBTAIN JOB N0. R-550 RICHARDSON,TEXAS 75080 W FROM DFWMAPS.COM,ARE APPROXIMATE DRAWN BY: TAM (972)442-3452 (972)429-7985(F) SHEET 1 OF 1 � ONLY AND SHOULD NOT BE USED FOR 1 FOR DESIGN. CITY OF WYLIE PLANNING & ZONING COMMISSION AGENDA ITEM Agenda Item No. Meeting Date: December 21, 2004 Case Name: Revisions to the ZO, Consent Body Piercing and Tattooing Action Prepared By: Claude Thompson Public Hearing 1 Exhibits: Miscellaneous Other AGENDA SUBJECT: Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to the Zoning Ordinance defining and regulating body piercing and tattooing establishments. STAFF RECOMMENDATION: Approval SUMMARY: The City of Wylie has not previously regulated body piercing or permanent body tattooing. Although not specifically mentioned currently in the Zoning Ordinance, staff includes body piercing and tattooing with other Personal Services, allowed within all commercial zoning districts (NS, CR, BC, and CC) as well as the Downtown Historic District. This amendment will define piercing and tattooing and limit the location of such establishments which offer such services to the Industrial (I) District. It is proposed that Section 5.1.F. (Land Use Charts—Retail, Personal Services and Commercial Uses) be amended to add Body Piercing and Tattooing as a permitted use within the Industrial (I)District. APPROVED BY: Initial Date Department Director: CT \ 12/14/04 1 AGENDA SUBJECT: Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to the Zoning Ordinance defining and regulating body piercing and tattooing establishments. SUMMARY (Continued): It is proposed to amend Section 5.2.F. (Listed Uses) of the Zoning Ordinance to add the following: Body Piercing and Tattooing a. Definition: Body piercing means the creation of an opening in an individual's body,other than earlobes, for the insertion of jewelry or other decoration. Body tattooing means the producing of an indelible mark, figure or other discoloration on the human body,other than eyelids and lips,by inserting an ink or pigment under the skin using needles or related instruments. Facilities that offer body piercing or tattooing service must be licensed by the State of Texas and must meet all environmental health requirements of the City of Wylie. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of floor area. d. Required Loading: Square Feet of Floor Area Required Loading Spaces 0-10,000 None 10,001-50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: Body piercing and tattooing, as either a primary or accessory service, shall be prohibited within 1,000 feet of any church,public and private school, child care facility,park, or residentially-zoned district. With the adoption of this amendment, existing body piercing and tattooing operations within Wylie will become "legally nonconforming", and may remain in their current state but neither be expanded nor abandoned and reopened. Financial considerations: NA Vi ka , L L L E VL 12 ic =-i- • e e � piercing Tattoocontrols under consideration The City of Wylie is considering vide the piercing of any body parts Brown Street,"he said. other Personal Services, or one off- amendments to its Zoning to accommodate the jewelry which Citizens and Councilmembers street parking space for each 200 Ordinance which will better define they sell, and beauty salons now have asked city staff to recommend square feet of the building's floor and control body piercing and tattoo- offer permanent eye shadow and lip tighter controls of establishments area. ing businesses, color by tattooing. which provide body piercing and tat- This proposed revision does not • The Planning • and` Zoning Tattooing is also used in plastic tooing,Thompson said. effect existing operations at all, Commission has scheduled a public surgery, and medical clinics are The proposed amendments will Thompson said. hearing to receive citizen comments exempted from State licensure define body piercing as opening for "With the adoption of this amend- on the issue at 7 p.m.Tuesday,Dec. requirements. the insertion of jewelry any part of ment,existing piercing and tattooing 21.The city council is scheduled to Neither body piercing nor tattoo- the body except the earlobe. establishments will become 'legally consider the amendments at 6 p.m. ing are specifically mentioned in the Tattooing would be defined as any nonconforming' and may remain in Jan. 11. current Zoning Ordinance. indelible mark or other discoloration their current state, but neither be Both hearings will be held in the City staff. define these as on the body, other than on eyelids expanded nor abandoned and Council Chambers of the Municipal "Personal Services," as they do and lips, using needles or related reopened,"he said. Complex,2000 N.Hwy.78. beauticians and barbers, neither of instruments. Copies of the proposed amend-' . The City of Wylie has not previ- which are mentioned in the ordi- With the proposed amendment, ment may be•viewed at the Planning ously regulated either body piercing nance, said City Planner Claude such establishments will be limited Department at the Municipal corn- or tattooing. Thompson. to the Industrial District only. Such plex. The State of Texas requires that "These establishments may be operations could not be located with- Citizens may appear at'the hear- people who provide these "cosmet- located within any commercial zon- in 1,000 feet of any church, school, ing or submit written comments to ic':',,services must be,lice sed by;the ing•district:Recently,,a,tattoo parlor day care;:park or,residential area.,,,, the.Planning,Department,prior to State;of.Texas,.:RetailersrofteniprD- was:allowed.to open-op-Hwy. 7,$1:at . Parking,would,be the,8ame,As for closing of business•honrs Jan:`1/.,' „, _,„aib,,,, ,,,,,,,,:o..3,4/4:4-::::, rt)Yn )44).17 ..0 t DC 127v`� q- 0 )7 G--e U 106.Ll\[e. - 4 e I- • . , 4 I 11. reot • Where the action is in downtown Dallas and nearby T T• i f heathen or even of Tattoo U. - 1, - -- ,--,r theble dancer.modern P-dayazkCit ta- , - ,„ ies moms buy them for their daughters, „ ; + , heedless that, as ° Maureen Dowd ob- '1.. ► , ' i 17 - served, those barb- + Z '' - - ed-wire wreaths 3#11p m7. r% etched in theepider; r� ' w } �` nuswilldroopank )0 ` r4 -, w rIt- ' ` fadeasthe earsad+w� ' i�y 2� ..7y '1 r1 vance into smudgy r t = ' at . picket fences. Just as the navel MR. DAL1[AS , -4a 1 ,*''^^ became the center of ON THE TOWN ' • ., the erotic universe in 4i .n the'90s,so the small _; a� i ,.T' fig:4. .. r.Dallas cut his ado- t,, of the back and its 1, lescent teeth on lurid - ` '`' southern exposure �Y Technicolor biblical 4 ”? 5 are in this new cen- epics on TV. NAN COULTER/Special Contributor turf. Luxuriant masses of upswept, sea of rectitude.All that implied be- morrah. garlanded hair. Blossoming flesh gating was, of course, followed So the current ubiquity of tat- Mr. Dallas chronicles night life pressed taut against the thin,white closely by supernatural retaliation. toos is a bit of a generational hiccup. for the over-30 set on the Web.He is fabric of a stola. Giggling nymphs One thing was certain in those old It seems as if every coed gets issued not a positive role model.Read more waving clusters of grapes tantaliz- movies: Anybody sporting "skin a spidery tailbone scrawl along with at guidelive.com or www.mister ingly aloft. art"would get doused by holy fire her BA. in sales/marketing. dallas.conz. These images sparked the before the credits rolled.Sunny and They're no longer the trademark of youthful imagination in a pre-cable 7,000 Celsius in downtown Go- the soon-to-be-immolated ancient E-mail mrdallaseguidelivc.com