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04-20-2004 (Planning & Zoning) Agenda Packet , , Planning & Zoning Commission , -. .. City of Wylie April20, 2004 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, April 20, 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 April 6, 2004 Regular Meeting. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A), Single-Family Residential (SF 8.5/17), and Neighborhood Services Retail (NS) Districts to Industrial (I) for the North Texas Municipal Water District utility operations, subject property being multiple tracts acquired by the NTMWD since 1951 totaling approximately 420 acres generally located north of State Highway 78 and south of Skyview Drive (C.R. 384), between Paul Wilson Road and Eubanks/Forrest Ross Road (C.R. 389), situated in the Francisco De La Pina Survey, Abstract No. 688 and the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas. (Zoning Case 2004-05) ACTION AGENDA 1. Review Landscape Ordinance in relation to sidewalk protection and consider making recommendations to the City Council regarding proposed revisions. 2. Review the concentration of amateur radio towers/antennas in Wylie and consider making recommendations to the City Council regarding revisions to the Zoning Ordinance in relation to proliferation of such towers. ADJOURNMENT Posted Frida pril 16, 2004, at 5:00 p.m. v THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED A11 ENDEES 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 Regular Business Meeting • April 6, 2004 7:00 pm 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 Mike Phillips Terry Capehart, Planner Carter Porter Chris Seely Kathy Spillyards Commission Members Absent: William Chapman CALL TO ORDER Chairman Seely called the Regular Meeting to order at 7:00 p.m. INVOCATION AND PLEDGE Commissioner Byboth offered the Invocation and Commissioner Porter led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the April 6, 2004 Regular Meeting. A motion was made by Commissioner Hughes, and seconded by Commissioner Porter,to approve the minutes as submitted. Motion carried 6— 0. P&Z Commission Meeting April 20, 2004 2 of 4 PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A), Single-Family Residential (SF-8.5/17), and Neighborhood Services Retail (NS) Districts to Industrial (I) for the North Texas Municipal Water District utility operations, subject property being multiple tracts acquired by the NTMWD since 1951 totaling approximately 420 acres generally located north of State Highway 78 and south of Skyview Drive (C.R. 384), between Paul Wilson Road and Eubanks/Forrest Ross Road (C.R. 389), situated in the Francisco De La Pina Survey, Abstract No. 688 and the James Truett Survey, Abstract No. 920, City of Wylie, Collin County, Texas. (Zoning Case 2004-05) Thompson stated that the North Texas Municipal Water District (NTMWD) is a special-purpose district established by the State Legislature in 1951. The NTMWD currently serves a population of nearly one million people with fresh water, wastewater treatment and solid waste disposal. The District plans to expand the water treatment capacity by construction of a fourth plant on the campus of its original facility in Wylie. The new plant is to be constructed on the northeast side of the NTMWD property, adjacent to the existing treatment complex. The NTMWD campus in Wylie totals approximately 420 acres, which is currently zoned in various land use classifications. Water treatment facilities were allowed by right in most nonresidential districts prior to the adoption of the new Zoning Ordinance and City-wide Map in November of 2001, but are currently permitted only in the Industrial (I)District. The intent is not to expand the property but to classify all NTMWD properties within Wylie as Industrial (I), thereby allowing the planned additional treatment facilities as well as remove the nonconforming status of existing facilities and vacant properties. The request includes rezoning three (3) tracts totaling 28.73 acres from Neighborhood Services to Industrial. An additional 153.97 acres in three (3) tracts are to be rezoned from Single-Family Residential 8.5/17 to Industrial, including 69 acres, which will accommodate most of the new construction. Three (3) tracts will also be rezoned from Agriculture(A)to Industrial, totaling 58.26 acres. The anticipated construction is currently illegal on properties zoned other than Industrial, and the requested rezoning will conform all NTMWD properties to the appropriate zoning. The new treatment facilities are to be located to the northeast of the NTMWD campus, and screening is required when such industrial uses are located adjacent to residential zoning/uses. Chairman Seely opened the Public Hearing at 7:15 p.m. Matt O'Donald, 410 E. Brown Street, property owner adjacent to the subject property, questioned if the current building on Brown and State Highway 78 will be expanded, and trees will be destroyed. Thompson stated that the applicant does not intend to expand the current building and there is no intention to remove any trees that are located off Brown Street. P&Z Commission Meeting April 20, 2004 3 of 4 Chairman Seely closed the Public Hearing at 7:17 p.m. With no questions for the applicant and no further discussion, a motion was made by Commissioner Phillips, and seconded by Commissioner Hughes, to recommend approval to the City Council for a change in zoning from Agriculture (A), Single-Family Residential (SF-8.5/17), and Neighborhood Services Retail (NS) Districts to Industrial (I) for the North Texas Municipal Water District (ZC 2004-05). Motion carried 6-0. ACTION AGENDA I. Review Landscape Ordinance in relation to sidewalk protection and consider making recommendations to the City Council regarding proposed revisions. Thompson stated that the City Council has requested that the Planning and Zoning Commission review the landscape regulations of the Zoning Ordinance, in order to identify and address any negative consequences which landscaping may have on sidewalk construction and maintenance. Other committees are reviewing regulations within their charge to evaluate similar impacts and recommendations. Older sidewalks throughout Wylie, especially in residential areas, have become unleveled and hazardous and the subject of complaints. In 2003, the City passed the Sidewalk Repair and Maintenance Ordinance, which make abutting property owners clearly responsible for replacement of sidewalks adjoining their property, and inventoried walks throughout the City to identify those most in need of repair/replacement. When the City replaced certain sidewalks and charged the adjoining property owners under this new law, several citizens asked the Council to investigate alternative methods of financing sidewalk repairs and to revise codes to eliminate the major causes of sidewalk failures (primarily settlement of improperly compacted utility lines and lifting by tree roots). A moratorium has been placed against enactment of the charges to property owners until additional research is undertaken. After much discussion, a motion was made by Commissioner Phillips, and seconded by Commissioner Porter, that the landscape requirements and Zoning Ordinance is sufficient as written and should not be revised. Any revision would not address the existing problems, which now have been addressed by newer regulations not only in landscaping and zoning but also in construction. The motion carried 4-2, with Commissioners Hughes and Byboth voting in opposition. 2. Review the concentration of amateur radio towers/antennas in Wylie and consider making recommendations to the City Council regarding revisions to the Zoning Ordinance in relation to proliferation of such towers. P&Z Commission Meeting April 20, 2004 4 of 4 Thompson stated that the City Council has requested that the Planning and Zoning Commission review the concentration of amateur radio operators in Wylie, in order to identify and address any negative consequences, which may occur as a result of the proliferation of radio towers in residential districts. The current Zoning Ordinance allows radio towers in residential districts only with an approved Special Use Permit (SUP). Two SUP's for such towers were recently approved, thus raising the question of the possible proliferation of towers. Staff conducted research to determine the number and location of licensed Ham (amateur) radio operators in the city limits of Wylie and the 75098 zip code area. There are a total of 95 Ham operators in the 75098 zip code area, representing 47 households within the Wylie city limits that have none or more licensed operators (or approximately 0.06% of the total households). Most radio antennas are lower than the allowed 75 feet and cannot be easily differentiated from TV antennas, which are not controlled by City Code. An article provided by Commissioner Porter regarding the Missouri Antenna Bill was distributed and discussed. After much discussion of the height allowed and the aesthetic impact of a tower, a motion was made by Commissioner Phillips, and seconded by Commissioner Porter, to recommend to the City Council amending the Zoning Ordinance to remove the Special Use Permit requirement for amateur radio towers in residential districts and specifying a height requirement for a tower lower than the current 75 feet. Motion carried 5-1, with Commissioner Spillyards voting in opposition. MISCELLANNEOUS The following were discussed briefly for future consideration: 1. Joint work session with City Council on May 25, 2004 regarding the update of the Comprehensive Plan Map. 2. Article from the Dallas Morning News regarding Plano growing and leaving out parks and greenery, relating to Wylie's tree preservation and landscape regulations. 3. A recommendation to review the Zoning Ordinance for tree preservation for new development. ADJOURNMENT With no further discussion, a motion was made by Commissioner Hughes and seconded by Commissioner Byboth to adjourn the meeting at 8:20 p.m. Chris S y, Chairma M Bra ey, Secretary City of Wylie Public Hearing Item No. 1 Rezoning 04-05, North Texas Municipal Water District Planning and Zoning Commission Meeting: April 20, 2004 Owner/Applicant: North Texas Municipal Water District Location: Generally located north of State Highway 78 and south of Skyview Drive (C.R.384), between Paul Wilson Road and Eubanks/Forrest Ross Road (C.R. 389) Existing Zoning: Agriculture(A), Single Family Residential(SF 8.5/17), and Neighborhood Services Retail(NS) Districts Requested Zoning: Industrial(I) District Summary: The North Texas Municipal Water District (NTMWD) is a special-purpose district established by the State legislature in 1951. Its initial facilities were completed and it began to pump water in November of 1956. During the inventing years, the District's water treatment facilities have continued to expand, and today the NTMWD serves a population of nearly one million people with fresh water, waste-water treatment and solid waste disposal. The District plans to expand the water treatment capacity by construction of a fourth plant on the campus of its original facility in Wylie. The new plant is to be constructed on the northeast side of the NTMWD property, adjacent to the existing treatment complex. The new construction will begin in the Fall of 2004 and be completed in 2007. The NTMWD campus in Wylie totals approximately 420 acres, which is currently zoned in various land use classifications. Water treatment facilities were allowed by right in most nonresidential districts prior to the adoption of the new Zoning ordinance and City-wide Map in November of 2001, but are currently permitted only in the Industrial(I) District. ZC 04-05, NTMWD The subject request is intended to classify all NTMWD properties within Wylie as Industrial (I), thereby allowing the planned additional treatment facilities as well as remove the nonconforming status of existing facilities. The request includes rezoning three (3) tracts totaling 28.73 acres from Neighborhood Services to Industrial. Theses include 5.39 acres on the west off Paul Wilson Road, 16.7 acres to the east north of the railroad corridor and fronting Eubanks Street and Lynda Lane, and 6.64 acres on the northeast fronting Forrest Ross Road(which will accommodate some of the new construction). An additional 153.97 acres in three tracts are to be rezoned from Single Family Residential 8.5/17 to Industrial, including 55.47 acres to the west fronting Paul Wilson Road, 84.79 acres within the center of the site north of the rail corridor and east of the electric transmission lines (which will accommodate most of the new construction), and 13.71 acres to the northeast between Lynda Lane and Forrest Ross Road(which will accommodate some of the new construction). Three tracts will also be rezoned from Agriculture(A)to Industrial, including 8.33 acres which is land-locked south of the railroad, 34.45 acres on the west between Paul Wilson and the railroad, and 15.48 acres north of Skyview Drive. Issues: 1. Public Comment Forms were mailed to fifty-seven (57) property owners within 200 feet of this request. Three(3) Comment Forms have been returned, all favoring the request. 2. This request will allow an established use to continue to operate as a legal use. The property has been owned by the NTMWD for decades and water treatment plants have been located and operating at the site since 1956, and were in place when the current Zoning Ordinance was adopted. 3. It is not clear why so much of the NTMWD facilities were not previously zoned Industrial or some intensively-commercial district more in character with the use. The property is largely fenced and recognized as an industrial-type use. However, the anticipated construction is currently illegal on properties zoned other than Industrial, and the requested rezoning will conform all NTMWD properties to the appropriate zoning. The lands currently zoned for residential and retail uses will not likely develop as such because they are owned and intended for future use by the NTMWD, so represent no economic loss to Wylie. 4. The NTMWD water treatment function is a public service more so than a commercial venture, providing clean water to and cleaning the sewage of nearly one million citizens of North Texas. Such water treatment operations are built to the specifications of the State and Federal environmental regulations, and monitored and controlled by these agencies. These controls include assuring safety and non-noxious operation. As an original and continuing member client community of the NTMWD, Wylie depends totally on such facilities for potable water as well as treatment of sewage. The plant(s) also provide employment for nearly 300 local citizens. ZC 04-05,NTMWD 5. The new treatment facilities are to be located to the northeast of the NTMWD campus which has previously not been actively developed. This area abuts the newly-platted Wylie Lakes residential subdivision within Wylie and the existing Glad Acres mobile home subdivision and neighboring rural ranchette lots. Screening is required when such Industrial uses are located adjacent to residential zoning/uses, but such screening may be accomplished by earthen berms and live plant hedges (like that provided at the new sewer treatment plant on Pleasant Valley Road) rather than masonry walls (like that provided by the Eastfork Special Utility District's water storage facility on South Ballard Avenue). 6. Approximately 44 acres of the NTMWD property, to the southwest between Brown Street and the railroad corridor and abutting the Catholic Church and Anderson parcels, is not within the City of Wylie but remains within unincorporated Collin County. This area is currently not zoned and any uses would be allowed, as no governmental entity can legally control land uses within county jurisdiction. This area is currently being considered for annexation by the City of Wylie, and will be brought into the City as Industrial District to complement the subject request to rezone the entire NTMWD property as Industrial. Staff Recommendation: Approval. Attachments: Location Map Site Plan Illustrating Proposed Facilities Notification List and Map, with Responses b. ram i j J \ —/ 1 --- r 1 . 441 fir- r7 .___ 1..� , � , _ -- - ' 1TiI�e�,i • ' 4-.___,_.._.r. ,'11,'•I..._ I. 1 _n m ��IN11iln fl _ , - wl�<t- Iu■lilllllu fir,;,, h. _ •�II.111111I11 .--M" 'rr''II/ .w__l.�.i�i n iu 11111111t111 I 1 .1118U1� C" r h -^ v » '" 'a = y - State Highwo NO- ! _ I I I Hilt I �O' 1 (� --__- ----- I II 1 1 II h�o 11 I I / .., I I.11 iEE • is - �'� __�gni � i Jam' - I- ` i 1 �� i..- num �I� �-- 4_ 8 ..,...,�i I III irti= t.7E- (---' Z t'..• -----' E' �p�ry d �_�!1 _ ��iin,' I I7 i i i� r 1_ ' -A-1-1 - — -\� \ \' `I HMI EMI IHIIit, _�i, I1 'f. l`_ — a i III t < Tw' l i, ''L! a? 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L b3rnY a„ /�r/ • . �.-. a311tm3N 1 t- _c 2 I / i / � v 1 9 1 t {' I , I �(— i} 39M,—S i �Ir ,• I I— '\\ 3 NOTIFICATION REPORT APPLICANT: James Parks of North Texas Municipal Water APPLICATION FILE #2004-05 PO Box 2408 Wylie,Texas 75098 0 z reR # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-James Parks PO Box 2408 1 NTMWD Wylie,Texas 75098 Kinsington Manor 3 2509 Walnut Lane 2 Blk D Lot 1 R-1321-000-0001-1 Janish, Inc, Plano,Texas 75075-3194 Kinsington Manor 3 129 Fairmount Drive 3 Blk 1 Lot 15 R-1321-001-0150-1 Chris Tayloer Wylie,Texas 75098 Kinsington Manor 3 710 Norfolk Street 4 Blk 1 Lot 16 R-1321-001-0160-1 John Brinkmeyer Wylie,Texas 75098 Kinsington Manor 3 708 Norfolk Street 5 Blk 1 Lot 17 R-1321-001-01 70-1 Mickey Butler Wylie,Texas 75098 Kinsington Manor 3 706 Norfolk Street 6 Blk 1 Lot 18 R-1321-001-0180-1 Kimberly Boatman Wylie,Texas 75098 Kinsington Manor 3 704 Norfolk Street 7 Blk 1 Lot 19 R-1321-001-0190-1 Richard Porter Wylie,Texas 75098 Kinsington Manor 3 702 Norfolk Street 8 Blk 1 Lot 20 R-1321-001-0200-1 Woodrow Heath, Jr. Wylie, Texas 75098 Kinsington Manor 3 700 Norfolk Street 9 Blk 1 Lot 21 R-1321-001-0210-1 Greta Lyons Wylie,Texas 75098 Kinsington Manor 3 126 Windsor Drive 10 Blk 3 Lot 14 R-1321-003-0140-1 John Phillips Wylie,Texas 75098 Kinsington Manor 3 1837 Alpha Street 11 Blk 3 Lot 15 R-1321-003-0150-1 Peter Fehervari Pasadena, CA 91030-4216 Kinsington Manor 3 130 Windsor Drive 12 Blk 3 Lot 16 R-1321-003-0160-1 Donald Rister Wylie,Texas 75098 Railroad Addn 504 E. Brown Street 13 Blk 2 Lot 1 R-1 169-002-0010-1 Louis Turner Wylie,Texas 75098 Railroad Addn 504 E. Brown Street 14 Blk 2 Lot 3 R-1 169-002-0010-1 Louis Turner Wylie,Texas 75098 Railroad Addn 2649 Country Meadow Lane 15 Blk 2 Lot 4A R-1 169-002-004A-1 Chad Wallace Wylie,Texas 75098 Railroad Addn 410 E. Brown Street 16 Blk 2 Lot 4B R-1169-002-004B-1 Matthew O'Donald Wylie,Texas 75098 Railroad Addn 2649 Country Meadow Lane 17 Blk 2 Lot 5A R-1 169-002-004A-1 Chad Wallace Wylie, Texas 75098 Railroad Addn 410 E. Brown Street 18 Blk 2 Lot 5B R-1169-002-004B-1 Matthew O'Donald Wylie,Texas 75098 Railroad Addn PO Box 1306 19 Blk 3 Lot 1 R-1 169-003-0010-1 George Weatherford Rowlett,Texas 75030-1306 Railroad Addn PO Box 1306 20 Blk 3 Lot 2 R-1169-003-0010-1 George Weatherford Rowlett,Texas 75030-1306 Railroad Addn PO Box 1306 21 Blk 3 Lot 3 R-1 169-003-0010-1 George Weatherford Rowlett,Texas 75030-1306 Rowan Addn 214 James Drive 22 Blk A Lot 1 R-4804-00A-0010-1 James Rowan Rockwall,Texas 75032-8864 Woodlake Village 1 5949 Sherry Lane#1225 O 23 Blk B Lot 1 R-2381-00B-0010-1 CT Beckham Dallas,Texas 75225-8067 Woodlake Village 2 2200 W 35th Street#64 24 Blk B Lot 1 R-3166-00B-0010-1 Texas National Guard Armory Austin,Texas 78703-1222 1100 Commerce Street 25 Abst 688-1 Tract 4 R-6688-001-0040-1 USA-Army Corps of Engineers Dallas, Texas 75242-0126 PO Box 2408 26 Abst 688-1 Tract 8 R-6688-001-0080-1 North Texas Municipal Water Dist. Wylie,Texas 75098 Madeline Massoud PO Box 1929 27 Abst 688-1 Tract 9 R-6688-001-0090-1 Irrevocable Trust Wylie,Texas 75098 PO Box 2408 28 Abst 688-1 Tract 11 R-6688-001-01 10-1 North Texas Municipal Water Dist. Wylie,Texas 75098 PO Box 2408 29 Abst 688-1 Tract 14 R-6688-001-0140-1 North Texas Municipal Water Dist. Wylie,Texas 75098 PO Box 219071 30 Abst 688-1 Tract 15 R-6688-001-0150-1 Oncor Electric Delivery Company Dallas,Texas 75221-9071 PO Box 2408 31 Abst 688-1 Tract 74 R-6688-001-0740-1 North Texas Municipal Water Dist. Wylie,Texas 75098 North Texas PO Box 2408 32 Abst 688-1 Tract 75 R-6688-001-0750-1 Municipal Water District Wylie,Texas 75098 North Texas PO Box 2408 33 Abst 688-1 Tract 76 R-6688-001-0760-1 Municipal Water District Wylie,Texas 75098 1271 Red Ball Trail 34 Abst 688-1 Tract 78 R-6688-001-0780-1 Charles Bunting Greenville, IL 62246-2774 Kansas City Railway Company 427 W 12th Street 35 Abst 688-1 Tract 83 R-6688-001-0830-1 Tax Department Kansas City, MO 64105-1403 North Texas PO Box 2408 36 Abst 688-1 Tract 85 R-6688-001-0850-1 Municipal Water District Wylie,Texas 75098 North Texas PO Box 2408 37 Abst 688-1 Tract 87 R-6688-001-0870-1 Municipal Water District Wylie,Texas 75098 North Texas PO Box 2408 38 Abst 688-1 Tract 88 R-6688-001-0880-1 Municipal Water District Wylie,Texas 75098 North Texas PO Box 2408 39 Abst 688-1 Tract 89 R-6688-001-0890-1 Municipal Water District .Wylie,Texas 75098 North Texas PO Box 2408 40 Abst 688-1 Tract 91 R-6688-001-0910-1 Municipal Water District Wylie,Texas 75098 823 H.Wallace Lane 41 Abst 688-1 Tract 196 R-6688-001-1960-1 Paul Merritt Rockwall,Texas 75032-6026 1 719 Mapleleaf Fall Drive 42 Abst 688-1 Tract 201 R-6688-001-2010-1 Michael Blocker Allen, Texas 75002-1801 5113 Heritage Circle 43 Abst 688-1 Tract 204 R-6688-001-2040-1 Farmtek, Inc. Sachse,Texas 75048-4523 5113 Heritage Circle 44 Abst 688-1 Tract 209 R-6688-001-2090-1 Farmtek, Inc. Sachse,Texas 75048-4523 North Texas PO Box 2408 45 Abst 688-1 Tract 211 R-6688-001-21 10-1 Municipal Water District Wylie,Texas 75098 North Texas PO Box 2408 46 Abst 688-1 Tract 212 R-6688-001-2120-1 Municipal Water District Wylie,Texas 75098 1440 Greenfield Drive 47 Abst 688-1 Tract 214 R-6688-001-2140-1 LP Boquin Plano,Texas 75025-3423 Kansas City Railway Company 427 W 12th Street 48 Abst 688-2 Tract 51 R-6688-002-0510-1 Tax Department Kansas City, MO 64105-1403 1614 Woodmeadow Court 49 Abst 688-2 Tract 71 R-6688-002-0710-1 Watkins &Whitehead Partnership Wylie,Texas 75098 5949 Sherry Lane#1225® 50 Abst 688-2 Tract 72 R-6688-002-0720-1 Arapaho East, Inc. Dallas,Texas 75225-8067 702 Lynda Lane 51 Abst 688-2 Tract 73 R-6688-002-0730-1 James Holt Wylie,Texas 75098 PO Box 276 52 Abst 688-2 Tract 86 R-6688-002-0860-1 Simtrott Wylie Inc. Royse City,Texas 75189-0276 PO Box 122 53 Abst 920-1 Tract 39 R-6920-001-0390-1 Evelyn Putman Wylie,Texas 75098 10 S. Briar Hollow Lane#68® 54 Abst 920-1 Tract 40 R-6920-001-0400-1 Kreymer Investments, Ltd. Houston,Texas 77027-2823 North Texas PO Box 2408 55 Abst 920-1 Tract 44 R-6920-001-0440-1 Municipal Water District Wylie,Texas 75098 PO Box 276 56 Abst 920-1 Tract 82 R-6920-001-0820-1 Simtrott Wylie Inc. Royse City,Texas 75189-0276 Bill Lovil, P.E. PO Box 90 57 SH 78 Texas Department of Transportation McKinney,Texas 75069 58 59 1 ir 4 68,g-I , . _E , , • rr, .__ , ._. , ---.-- , ., 1 r,. 's evi , k trIlMilat!,r iv, L 7 i's, ri'-sit ---•"" . q . , : !..------- Tr I'll ' s' 16' ' •r Property i . I Subject I Tract 3 \ 6e/i5-2- .-.- 2 '-.--.-"--'-' ' I. -. rr 1 L r..................._ .......--- . i . Subject Pr-oper•ty its . , . Tract 2 ! 1 . I i -•••, I __-- - ---7---L---- •----------.----.. ..-- -/-i,---..r-7/ ;., ,••_ ,T.r 4te ' '' s ..-- fl11.1' .1' , 1 04' ff/i 6 . * 1,., , - ..., • r 1 - , ?7 ,m... ; ,...--, ‘,--- ''.1. -_ill--- -1- -II: .,_ -- - , ' - , , , - ' .•, t. . ..„--, , stc •• . , I 1 I rr 70 . % , ..__ ,__..,._.__. v ‘ *s. Property ) soct , , Tract 1 ,,-- ,• • \ , /' Ai, 1'.I.-I v ( x = AGitit,L5T— 1 , , . . . • %, ._, , . ... \s,, .., , . . . .! r-z-.t.•-j . % ..-- I .1 ! ! ! I : to 'llfrown Jtreet =152... „sr r__4Wi ...._. . . n t1000 1--- iFli IIII— • : r21--- pr ,` ' (:), Ili I • ----: ; ; ; cj1 ; ; 11:1-iiim:,._..„. — . --c • ,, ) , MEI MN . : i . . v t__ ® .•...t'1e(' i.° _,__ i — G It_i :rf_i3AST-t1 -.-(Z,„4"-P,'-A : -. I, (,) • 1-÷-— -7--7- . ' 1 0 ZONING CASE #2004-05 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, April 20, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, May 11, 2004,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: ;'7' 0 ) Art Le z"/ P(� _�.�11��J�Y'✓;�', (please print) pp/ Address: ( 0 5m/�tA-_V L am( ( C? r �iO l !r C�"�/t) t►V Q 6 e - TeX S 7702_7 Signature: 711/,/` Date: 3 7, c.17 C�1_ COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 � ., � r , I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 20, 2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,May 11, 2004,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas -E7)41 O CfC E 4 T - Name: 7 _1 (please print) Address: 5,f49-CHCRr Y SUITE 1223 1\1_I.AS,12 7r25 Signature: i Date: APR 0 7 2004 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 0 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2004-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2004-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,April 20,2004,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,May 11,2004,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: C el)/ 6 6 (please print) Address: C.T "SPARKEYCk14,441 b949SHEF2f yLANE SUITE 1225 3.Tk tb�25Signature: 42J, 0ALLA 4,,61 Lelt1,1 Date: APR 0 7 2004 COMMENTS: Asa tp1.! I.. A Our Mission.. , f i ti` 43 , ...to be responsible stewards of the public trust, 1- 1 ` }- to strive for excellence in public service,and s -I-1 `,-— `4' to enhance the quality of life for all. _ i :+` , - April 20, 2004 TO: Members of the Planning and Zoning Commission FM: Claude Thompson, Planning Director RE: Review of Landscape Requirements In Relation To Sidewalk Protection The City Council has requested that the Planning and Zoning Commission review the landscape regulations of the Zoning Ordinance, in order to identify and address any negative consequences which landscaping may have on sidewalk construction and maintenance. Other committees are reviewing regulations within their charge to evaluate similar impacts and recommendations. Sidewalks are required on all streets, and the Zoning Ordinance encourages wider sidewalks along collector routes to retail uses, schools, open space, etc. The Landscape regulations of the Zoning Ordinance also requires trees to be planted within each residential yard and along the street perimeter of residential developments as well as along the perimeter of nonresidential developments in the vicinity of sidewalks and within the nonresidential site. Sidewalks for nonresidential developments and for perimeters of residential subdivisions are installed like utilities by the developer/contractor. Sidewalks within residential subdivisions, along minor residential streets, are installed by the abutting property owner/builder as part of the end-user construction, rather than the initial developer as part of the basic street/utility system (because the more restricted and intensive site grading and construction of residential too often break up such walks. Older sidewalks throughout Wylie, especially in residential areas, have become unlevel and hazardous and the subject of complaints. In 2003, the City passed the Sidewalk Repair and Maintenance Ordinance which makes abutting property owners clearly responsible for replacement of sidewalks adjoining their property, and inventoried walks throughout the city to identify those most in need of repair/replacement. When the City replaced certain sidewalks and charged the adjoining property owners under this new law, several citizens asked the Council to investigate alternative methods of financing sidewalk repairs and to revise codes to eliminate the major causes of sidewalk failures (primarily settlement of improperly compacted utility lines and lifting by tree roots). A moratorium has been placed against enactment of the charges to property owners until additional research is undertaken. Attached is related information for consideration by the Commission of a recommendation to the Council for revision to the landscape regulations. It is the staff opinion that the landscape regulations are adequate as adopted and that no revisions are required. PLANNING AND ENGINEERING 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 • www.ci.wylie.bc.us 4 ORDINANCE NO. 2003-26 AN ORDINANCE AMENDING CHAPTER 102 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" OF THE CODE OF ORDINANCES OF THE CITY OF WYLIE, TEXAS; ESTABLISHING RULES AND REGULATIONS GOVERNING PERSONS RESPONSIBLE FOR MAINTENANCE AND REPAIR OF SIDEWALKS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING 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 it would be beneficial and advantageous to the citizens of the City of Wylie, Texas ("Wylie") to adopt rules and regulations governing persons responsible for maintenance and repair of sidewalks; and WHEREAS, it is in the interest of the public health, safety and welfare that streets, sidewalks and other public places are repaired and maintained; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for this Ordinance have been performed and completed in the manner and form set forth by law. 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 Chapter 102 "Streets, Sidewalks and Other Public Places" of Wylie's Code of Ordinances. Chapter 102 "Streets, Sidewalks and Other Public Places" of Wylie's Code of Ordinances is hereby amended by adding the following: Section 102-76. Sidewalk Repair; Persons Responsible. (a) At any time after the construction of any sidewalk t e city reserves the right to insect suc aci y n re.uire suc repairs or maintenance as ma a necessa t _protect ••• os • a • c- repair or mainten e s a •e s ssed a ainst and borne b ow agent in charge or tenant o tiTie property a utting the si ewa . Al repairs and maintenance shall meet the standards for construction of sidewalks set forth in the City of Wylie Thoroughfare Standards Manual, Section V, Sidewalk Location and Design Standards and City of Wylie Thoroughfare Standards Manual, Standard Construction Details. (b) It shall be the duty of he owner, agent in charge or tenant of property abutting on an sidewalk to eep such si•e •• • ass m.at- cow_.nod free •e ec s o w is ever . nr rho cter. In this connection, any sidewalk which has rrecome or is defective, unra e or hazardous is hereby declared to be a nuisance, and the failure of any owner, agent in charge or tenant, to construct, reconstruct or repair any such sidewalk within thirty (30) days from the date of Ordinance#2003-26 Sidewalk Maintenance 1 written notice form the city's building official to do so, shall constitute a misdemeanor. SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 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 4: Savings/Repealing Clause. Chapter 102 of Wylie's Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: 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 6: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie,Texas this 9th day of December, 2003. John Mondy, Mayor ATTEST: Carole Erhlich, City Secretary Published 12-17-2003 Ordinance#2003-26 Sidewalk Maintenance 2 BUILDINGS AND BUILDING REGULATIONS §22-438 tion and appro •l of all pools con- ed shall be (2) The city or the planning and zoning corn- withheld until a requirements . this section mission determines that development of have been complies with by the iwner, purchaser the property warrants site plan approval. under contract, lesse. tena• or licensee. (Ord. No. 93-38, § I, 9-14-93) (Ord. No. 78-15,§XVI , 1 . :-78;Code 1991,ch. 3, Sec. 22-437. Screening. § 12.17) (a) The screening requirements established in this section shall be interpreted in conjunction Sec. 22-403. Fe ces in drat .ge easements. with,and supplementary to,other similar require- No fence s . I be constructed wi 'n any drain- ments set out in this Code, as this Code now age easem tin the corporate limit f the city exists or is hereafter amended,specifically includ- unless t' • city engineer shall have fi t deter- ing, without limitation, those dealing with mined .nd advised the building official, i• writ- dumpster screening, and those required for sepa- ration of nonresidential uses from residential ing, at he believes such fence shall, i all pro 4ability, not interfere with or impair the •t- uses (the zoning ordinance). In the event of a al flow of water across the drainage easemen . difference between the provisions of this section Ord. No. 78-15, §XVIII, 4-18-78; Code 1991, ch. and any other sections of the Code the more 3, § 12.18) stringent requirement shall apply. (b) When screening is required under this Secs: 22-404-22-435. Reserved. ar- ticle, the screening device shall be not less than six feet in height, unless otherwise specified, and shall be either decorative fence, masonry wall, earthen berm(maximum side slope of three to one ARTICLE XII. LANDSCAPE AND and covered with vegetation), or live screening(if SCREENING STANDARDS a solid visual screen three feet wide and six feet high will be established within two years of plant- Sec. 22-436. Application of article. ing).All screening devices and materials shall be 0 aesthetically and architecturally compatible with (a) This article hall apply to uildings and the materials and design of the site being devel- • u 'Qv sin le-fami dwellings and f aped.buiIdin s w en an app ica ion or a (c) The followingI Vuses and activities shall be ui din ermit is made for the following construe- screened from adjacent property and public streets: ion: (1) New construction; (1) Outdoor storage areas; (2) Outside display of merchandise, if other- (2) Business renovations on an existing strut s"' ture, valued at over t5,000.00 or additions wise allowable under city codes,adjacent to 9 of 800 square feet or more to the structure; the required front yard to a height of not less than three feet; and or (3) Primary refuse containers (dumpsters) in upon submission of a site plan as required by the nonresidential and multifamily uses shall city or the planning and zoning commission. be screened on three sides with an opening for access on the fourth side. (b) This article shall also apply to existing (Ord. No. 93-38, § I(A), 9-14-93) properties that are not subject to building permit �t"-. requirements when: Sec. 22-438. Landscaping requirements in `- r..... nonresidential districts. (1) There is a substantial change in the distin- In nonresidential districts the following land- guishing traits or primary features of the h j� use of the building or land, as evidenced by scaping requirements s a apply: increased parking requirements or a change (1) Required area. Every lot shall provide a in occupancy classification; and/or minimum of five er ent of t lot . to 1kWI64 . *al) ?i CD22:17 Cie A 041 ti4e §22-438 WYLIE CODE be utilized for landscaping. A minimum of Sec. 22-440. Recommended plant list. Qne-half of the re uired landscaping a►-ea shall be locate re the front yard. Required The following trees and shrubs are recom landscaping area shall n include drive- mended for landscaping and screening purposes: was aved w • - - � (1) Large trees: �� men ss etrPets or alleys. Where a fence Pecan or wan is required by ordinance, the fence NOVNOIC4 or wall may be located within theenuirPd s' Red Oak landscaping area. Burr Oak Pay\ (2) Visibility requirements. On any corner lot, Water Oak all landscaping,whether or not required by Southern Magnolias this article, shall be designed and main- Live Oak tained so that it shall not obstruct the vision of a motor vehicle driver approach- Bald Cypress ing any street, alley or driveway intersec- Bradford Pear tion. When a driveway intersects a public (2) Small trees: right-of-way, all landscaping within the tri- angular areas described in this subsection Yaupon Hollies shall provide unobstructed cross visibility Crape Myrtle at a level between 30 inches and nine feet Wax Myrtle above the street grade level. The visibility triangles shall be determined by projecting Cherry Laurel a line 15 feet along the street right-of-way Red Bud and 15 feet along the internal driveway Japanese Black Pine and connecting the ends of the two lines. (3) Landscape elements to be utilized. All Cedar Elm re- quired landscape areas shall consist of a (3) Evergreen shrubs: combination of trees,grass,shrubs,ground Red Tip Photinia cover and other live plant material such as Burford Holly those contained in the recommended plant list in section 22-440. The combination Nellie R. Stevens shall consist of at least one tre ten feet Chinese Holly tall,or two trees not ess an two inches in Yaupon Holly diameter, for each 1000 squar of rewired laniasca a are Clearra (Ord. No. 93-38 I( -993) Nandinnia Dwarf Crape Myrtle Sec. 22-439. Maintenance requirements. Japanese Ligustrum (a) All plant material shall be maintained at Waxleaf Ligustrum all times in a living and growing condition. Dead Abelia landscaping materials shall be replaced with like Junipers or similar materials. Barberry (b) Ad'acent ri hts-of-wa sh t mow Asian Jasmine and n ntaine ig ts-of-way s al not be included in the required percentage of land- scaped Honeysuckle area. English Ivy (Ord. No. 93-38, § I(C), 9-14-93) Boston Ivy CD22:18 BUILDINGS AND BUILDING REGULATIONS §22-477 Liriope traffic •lume, loss of open space and sev: ely tax Monkey Grass public s ices provided by the city. Gu sing de- velopmen to abide by public standa,a s estab- Virginia Creeper lished by e city ensures the protec on of the Vinca general pu. is health, welfare and .afety, and Mondo Grass encourages t e orderly development f the city as Ophia Pogon a whole. (Ord. No. 87- § 4, 1-13-87; Code 991, ch. 3, § Elaeagnus 11.03) Purple Sage (Ord. No. 93-38, § I, 9-14-93) Sec. 22-477. D: initions. The following w•rds, terms .' d phrases, when Sec. 22-441. Prohibited trees. used in this artit e, shall h ve the meanings Prohibited trees for landscaping and screenin ascribed to them in his secti•;' ,except where the purposes are as follows: ' context clearly inditi tes a d ferent meaning: A‘ Silver Maple �� Bedroom unit me. s an; room in a dwelling Hackberry (e unit in which fixture-or f nishings are provided for sleeping. This s 11 of be interpreted to Green Ash include a room in wh h° urniture such as fold- Arizona Ash 01)1i\ down beds or converti• :` ouches are provided on a permanent basis for , gular accommodation or Mulberry residents, temporary o i otherwise. This shall in- Cottonwood elude single rental roo. in a motel or hotel. Mimosa Condominium proj:,'t 'eans a real estate con- Syberian Elm dominium project; a ,1 an it project whereby four or more apartment-, roo s in existing or pro- American Elm posed buildings or -)'ructu es are offered or pro- Willow posed to be offered ;+or sale Sycamore Density means ti e quanti ', or number of units (Ord. No. 93-38, § I, 9-14-93) per ground area. Dwelling unit d•ans one ro•. ,or rooms,within Sec. 22-442. Penalty for violation of article. the same struct 'e connected •gether, constitut- Any person convicted of violating the provisions ing a separate, ; dependent ho sekeeping estab- of this article, or any part of this article, shall be lishment includ g kitchen facil ies for the owner punished as provided in section 1-9. or occupant or ;ental, or lease o a daily, weekly, (Ord. No. 93-38, § II, 9-14-93) monthly or to er basis, and phys ally separated from any othi r rooms or dwelli units which Secs. 22-443-22-475. Reserved. may be in th ' same structure. Fire prote.;'ion means residential e protection ARTICLE XIII. b` TISTORY TIUNIT as describes in the National Fire P itection As- DEVELOPME ST• . I ARDS sociation P •lication 13D. Motel-hot.l means any establishm•nt whose Sec. 22-476. Purpose of : • icle. primary fun' tion is to provide a bedroom unit for The construction of m istor , • ultiunit struc- turespatrons on a temporary basis. for full-time or t: porary li '•g accommo- Multistory means a structure three or more dations can result i ncreased dens , greater stories in height. CD22:19 reZoning Ordinance • FIGURE 3-14 VILLAGE RESIDENTIAL DISTRICT (SF—8.5/17, TH, MF,MIT) REQUIREMENTS A. VILLAGE LAND DESIGN REQUIREMENTS For properties with adjacency to flood plains, open space, electrical or water easements, or property adjoining Lake Lavon or Lake Ray Hubbard. PAGE# ELEMENT a.BASE STANDARD b. DESIRABLE POINTS 33 Public Open Space Easements 10' open space easement and 8' trail 20'open space easement 10 33 Perimeter Walkways and Landscape 10' buffer with 4'walk a. 20'buffer with 4'walk 10 or ' b. 20'buffer with 8' trail 15 34 Connections of Open Space to 30' connection,4' walk,every 10 lots a. 50' connection 5 or 70 Residential Development b. 50'connection with 8' trail 10 or c. Streets alongside open space 25it 35 Lighting and Furnishings along open Lighting—low-height solar lighting a. Exercise equipment 10 space easements and trails every 200' b. Water fountains 10 Benches with backs every 1/2 mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 36 Pedestrian Linkages to the Village Clearly defined,direct pedestrian linkage No unit more than 1,300' actual distance 10 Center rzti. Total Number of Land Design Points Available 90 Total Number of Land Design Points Required 30 B. VILLAGE LAND DESIGN REQUIREMENTS I For properties without adjacency to flood plains,open space,electrical or water easements,or property adjoining Lake Lavon or Ray Hubbard. PAGE# ELEMENT a.BAS. RD b. DESIRABLE POINTS 33 Perimeter Walkways a d Landscape 10' buffer with walk a. 20'buffer with 4' walk 10 or ' ." b. 20'buffer with 8' trail 15 35 Lighting and Furnishings a ong open Lighting—low • olar lighting a. Exercise equipment 10 space easements and trails every 200' b. Water fountains 10 Benches with backs every 1/2 mile or c. Decorative paving 5 portion thereof d. Enhanced cross walks 5 36 Pedestrian Linkages to the Village Clearly defined,direct pedestrian linkage No unit more than 1,300'actual distance 10 Center Total Number of Land Design Points Available 55 TOTAL NUMBER OF LAND DESIGN POINTS REQUIRED 15 Page 33 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 rill . Zoning Ordinance C.STREET AND SIDEWALK REQUIREMENTS (For all Village Residential Districts) PAGE# ELEMENT BASE STANDARD DESIRABLE POINTS 37 Curvilinear Streets Meet standard city requirements Provide curvilinear streets 20 37 Entry Features and Medians 100 foot right of way for 200 feet. Landscape median 15 Brick or stone walls 37 Signage at Entries Signage incorporated into entry wall None NA or monument sign 39 Sidewalk Locations Both sides of street, continuous None NA pathway 39 Sidewalk Width 4' concrete a. 5' concrete 10 or b. 8' concrete 15 40 Sidewalk Lighting Low height solar every 200' Signage on decorative lighting poles 10 41 Location of Required Alleys Screen parallel alleys from view No alleyways parallel to streets 20 41 Screening of Res. Units Backing Screen with masonry or concrete walls No residential units backing onto streets 20 onto Major Thoroughfares 42 Village Res. Pedestrian Decorative pavers, brick or stone, None NA Crosswalks striped 42 Village Res. Sidewalk Material 20%specialty paving 50%specialty paving 10 42 Village Res. Street Trees Front yard trees Front yard trees evenly spaced on both 20 sides of street Total Number of Street and Sidewalk Points Available 130 Total Number of Street and Sidewalk Points Required 55 Page 34 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance ;.1y..e1/4.4•.1,..0,..i4. °* • :;nay 4'r+• :,l .rrt/o;m.,.t.,,-fI. 0 ` . 4 , 1 s --,i-,,-k. . .....•c...i ,,,.„I"tr.•,'..Z.'.-',.A.„..,:.:•;\,-'‘.•'.,,I_,..A4,`,..,,„"‘.-..,.•P'-...';';.,,7'•,--.z-.,r4,-,-'•;•;x;,.••'.4•-:1 .4- i. • • +',4, 'ei " .,j a 1 -- ti is :Y t ;ti' p %,,, 't 44— fi „, r K ., ±� r r w c 1 ,� & ,��•'t 1- 44+G�M t M �$ : t i t•f �y. , r ' , .. IV 1 ,. a .reap',/ ,h .may ,c • r. V . . tat .07 b. Desira► e Design Attributes ;7 Plan the sidential Development so that no residential back on to major thoroughfares. [20 points 11. Village Residenti. Streets and Sidewalks- Pedes i n Crosswalks a. Base Standard Crosswalks shall b-..ecorative concrete,.aver, brick or stone paving in lieu of white reflective paint striping at all c swalks withi Village Residential subdivision, and must connect to a pedestrian sidewalk sys with pi.estrian ramps complying with the Americans with Disabilities Act, to provi.. . cl- r, continuous pedestrian circulation system throughout a subdivision. , b. Desirable Design Attrib es: None 12. Village Residential St •ets and Sidewa - Village Residential Sidewalk Material a. Base Standard Sidewalks in,' esidential Development sha .be specialty paving, such as decorative concrete pavers, br• - or stone, for a minimum of 20 Y rcent of the sidewalk surface area. b. Desir , e Design Attributes Provision of specialty paving, such as decorative concrete pavers, brick or stone, for a minimum of 50 percent of the sidewalk surface area. [10 points] 3. Village Residential Streets and Sidewalks- Village Residential Street Trees a. Base Standard Front yard trees for Village Residential developments shall be provided in accordance with the Landscape Ordinance, as amended. Page 42 ARTICLE 3-RESIDENTIAL DISTRICT Rrcut.A•riotis Adopted November 2001 Amended September 2003 Zoning Ordinance b. Desirable Design Attributes: Coordinated planting of front yard trees throughout the development to form a formal row of trees along the street, using trees of the same species, minimum 3 inch caliper diameter at time of planting,evenly spaced along both sides of the street at a maximum spacing of 30 feet on center. [20 points] Lot Lines 4.1 L-q ♦ .i •'t l� t r1 --Sµ - Z Street • �. _ p y �, �` k c a • �. .uh�,1 £ ,r,{ Pro rope Line 30' 30' 0' Q Lot Lines F. Architectural tandards Architectural poi s are awarded to projects in accordance with the folio, ng criteria: 1. Exterior Fagad• aterial a. Base Standar. All single family re •dential units shall have a minim " of one-hundred (100)percent of the exterior facade compo d of brick or stone laid m. .nry units or masonry stucco,excluding windows, doors and othe '•enings. Glazing sc: I not exceed twenty-five(25)percent of the front elevation of the residen • Dormers, s ,P end story walls or other elements supported by the roof structure may be compo ' maso, materials if approved by the Building Official as having the same durability as mason o stone and\\hen offset at least two (2)feet from the first floor exterior wall. Wood, viny i• and EIFS materials shall not be used for exterior walls The Building Official may gr./, 'exceptions to the .cove minimum standards for new . construction when the mateyand installation are ape eyed by the Building Official as having the same demonstrated dt,..bility as masonry and when o • or more of the following conditions are met: fr (1) When other ma; ials are required to blend with the historic chitecture of the house. (2) When the co /action is new infill construction and more than sixty percent(60%)of the existing re ;•cntial structures along both sides of the street and between the two nearest intersectiF,� streets of the proposed location do not meet the above minimum standards, new co,':truction may be permitted which is demonstrated to be equal in durability to that used in the majority of existing structures. Adopted November 2001 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS Page 43 Amended September 2003 riZoning Ordinance FIGURE 4-7 LANDSCAPING POINT REQUIREMENTS PAGE ELEMENT Base Standard Desirable POINTS # 69 Landscaping in a. At least 20 %of site shall be landscaped in NS, a. Landscaping that exceeds the minimum. 5opts/5o 20 - Required Yards CR, &CC Districts; 10%of site in CR&CC ttal10 Districts for single buildings of 100,000 sq ft. or more; 10%of site in BC and I Districts. b. Landscaping is required in the front yard. b. Landscaping in side and rear yard not 0 c. Landscaping is required in side and rear yards otherwise required. 3 adjacent to,or across the street from residential. 69 Landscaping of a. Site plans requiring more than 12 spaces a. Landscaping in excess of 50 sq.ft./space. 5ftpt total of Parking Lots required to have 50 sq.ft. of landscaping per 25 space. • b.No parking space further than 60' from b. Parking lots with no space further than 40 10 �- landscaped area on site. feet from a landscaped area. c. Parking rows 12 spaces or longer shall have c. Landscaped pedestrian connection to main 20 landscaped islands at end. entrance. 4 d. All parking rows shall have landscaped areas at least every 12 spaces. 71 Visual Screening a. Required screening in strip at least 5' wide, No additional design attributes i—es. plants 3' in height when planted, include one ' flowering tree for every 20 linear feet of area. 71 Lan in of a. At least 50%of required fronitaaa developed a. Use of rock walls or other natural 5 pts/10% treeett Frontages as landscaped�uffer, at least 10' in width. landscape features. increase— b. Trees r • buffer, in groves or belts on a b. Increase in minimum width of landscape totals f 20 3 —40' spaci inng. buffer. c. Required trees at least 3"in caliper. c. Increase in width of public walkway. d. At leas ' meanderi concrete walkway on d. Provision of special benches,pedestrian 5 lighting other streetscape elements. 10 perimeter w en adjacent to thoroughfare. g g 140 Total Number of Landscaping Points Available 40 Total Number of Landscaping Points Required ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Adopted November 2001 Page 62 Amended September 2003 Zoning Ordinance E. Landscaping Landscaping points are awarded to projects in accordance with the following criteria: 1. Landscaping in Required Yards a. Base Standard (1) At least 2apercent of the site 1 be 1 CR. and CC Districts, and at least 10 ercent orthe 11 hP landgennift. If a single building of 100,0 square eet or more is to be constructed on a single lot in CR or CC Districts then only 10%of the site will be required to be landscaped. (2) Landscaping is required in the front yard. (3) Landscaping is required in the side and rear yards when adjacent to or across the street from a residential use. b. Desirable Design Attribute (1) Landscaping that exceeds the minimum percentage of landscaping required for the lot shall earn points at the rate of 5 points for every increase of 5 percent of the area landscaped above the minimum, up to a maximum of 20 points. (2) Landscaping in the side and rear yards of a development, not otherwise required because of residential adjacency, shall earn 10 points if it meets the following conditions. (a) The landscape area is at least 10 feet in width; (b) The landscape area has shrubs at least 3 feet in height planted within the landscape strip; and (c) The landscape area includes at least one flowering tree for every 20 linear feet of planting area.Trees may be planted in groves or bands as long as the reguir��u ,pf trees are provided. 2. Landscaping of Parking Lots a. Base Standard (1) All site plans with required parking more than 12 spaces are required to have 50 sq. ft. of landscaped area for each parking space. In calculating parking lot landscaped area, all areas surrounded by parking spaces are counted, plus the first five feet of perimeter landscaped area, if any. (2) No parking space shall be further than 60 feet from a landscaped area on the site. (3) Parking rows 12 spaces or longer shall have landscaped islands at the ends. (4)All parking rows shall have landscaped areas at least every 12 spaces. Adopted November 2001 ARTICLE 4—NONRESIDENTIAL DISTRICT REGULATIONS Page 69 Amended September 2003 Zoning Ordinance re b. Situ.ted to ensure that all loading and unloading takes place on-site and in no case within adjac•. •ublic rights-of-way or on-site traffic areas. c. Situat-• o ensure that all vehicular maneuvers associated with loading and unlotdttig shall occur on- 'te. ��'' SECTION 7.5 TRA , C MANAGEMENT STUDY REQUIREMENTS '' A. Purpose , ' The purpose of this Sectio' is to establish policies governing tr. flow and safety on street facilities, to minimize traffic congestio.,to improve traffic safety and ,i v, and to ensure that traffic generated from the proposed developme can be adequately and saf . served by the existing and future street system. B. Traffic Study Required ' A traffic study, which may include, traffic i i eact analysis and/or a traffic circulation analysis,may be required for any site plan at the dish et,".` of the City Engineer. , C. Timing of Traffic Study /'\ This study shall be submitted for;./'ew co'currently with the submittal of the zoning request. An updated study is also required en an initia tudy is over two years old. The City Engineer may waive the requirement for a 'dy to be update. D. Revisions to Traffic St; •y , Prior to forwarding zoning case to the Conunissi n,the traffic study, if required, shall be accepted by the City Engin The acceptance of the traffic stu. will be based on the completeness of the study, the thoro. " mess of the impact evaluation, and the, 'insistency of the study with the proposed access and d clopment plan. E. Pre-sub . al Conference Required Prior . commencing any required traffic study,the applicant' traffic engineer shall meet with the City En.' eer and the Director,and discuss such items as definition f the study area, level of background ',ffic, directional distribution of traffic, street and intersection capacity, intersections requiring level- of-service analysis,and methods for projecting build out volume.This process may be completed via a facsimile transmission. The traffic engineer for the applicant shall submit a form, provided by the City, which establishes the requirement for a Traffic Impact Analysis. SECTION 7.6 TREE PRESERVATION A. Purpose The process of urban development can have a profound effect on the preservation and protection of larger native or established trees which provide a valuable amenity to the urban environment and which once destroyed, can only be replaced after generations, if at all. This section has the following specific purposes: 1. Establish rules and regulations governing the protection and preservation of native or established trees within the City of Wylie. 2. Encourage the protection of healthy trees and provide for the replacement and/or replanting of trees that are necessarily removed during construction,development, or redevelopment. Page 166 ARTICLE 7—GENERAL DEVELOPMENT REGULATIONS Adopted November 2001 Amended September 2003 ' ite Zoning Ordinance 3. Provide for the purification of air of carbon dioxide,dust and pollutants and the replenishment of oxygen. 4. Provide for shade,windbreaks and the cooling of air;thereby, reducing the requirements for air conditioning and heating and the utilization of scarce energy sources. 4. Provide for open space and more efficient drainage of land;thereby, reducing the effects of soil erosion and the need for additional drainage facilities. 5. Prevent the clear-cutting of land, enhance community appearance,and property values 6. Protect the public health, safety, and general welfare. B. Applicability 1. The terms and provisions of this section shall apply to real property within the City of Wylie corporate limits as follows: . a. All real property upon which any protected tree is located, excluding developed single-family and two-family residential property. b. All vacant and undeveloped real property. c. All real property to be subdivided or re-subdivided, including record plats and replats. d. The yard areas of all developed property, excluding developed single family and two-family residential property. e. All easements and rights-of-way,excluding those included on a record plat approved by the Council and filed in the plat records of the County. 2. Exceptions.The following exceptions from the terms and provisions of this section are hereby authorized and granted: a. The terms and conditions of this section allow trees located in necessary public rights-of-way, easements and the buildable area of lots to be removed without a tree removal permit and prior to the issuance of a building permit. b. In the event that any protected tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health,welfare or safety, and require immediate removal without delay,authorization for removal may be given by the City Manager,or designee,and the protected tree may then be removed without obtaining a written permit as herein required. c. During the period of an emergency, such as a tornado, storm,flood or other act of God,the requirements of this section may be waived as may be deemed necessary by the Council. d. All licensed plant or tree nurseries shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the premises of the licensee,that are so planted and growing for the sale or intended sale to the general public in the ordinary course of the licensee's business. e. Utility companies franchised by the City may remove protected trees that endanger public safety and welfare by interfering with utility service, except that where the trees are on owner- occupied properties developed for single-family or duplex use, disposal of the trees shall be at the option of the property owner(s). f. The mowing, clearing and grubbing of brush located within or under the drip lines of protected trees shall be allowed, provided the mowing, clearing or grubbing is accomplished by hand or by mowers.The use of dozers, loaders or other construction or earth moving equipment for this purpose shall not be allowed. Adopted November 2001 ARTICLE 7-GENERAL DEVELOPMENT REGULATIONS Page 167 • Amended September 2003 reZoning Ordinance d. Identified on approved subdivision construction plans as necessary to be removed to comply with drainage or lot grading plans; as determined and approved by the City. D. General Requirements Related to Protected Trees 1. No person, directly or indirectly, shall cut down, destroy, remove or effectively destroy through damaging, any protected tree on any real property within the City without an approved Tree Management Plan as provided herein. 2. Under no circumstances shall the clear cutting of protected trees on any real property within the City be allowed prior to the approval of a Tree Management Plan for the property 3. Unless otherwise approved by the City, no construction or construction-related activity shall occur under the canopy or drip line of any protected tree or group of protected trees. 4. No person,directly or indirectly, shall replant, relocate,transfer or move from one location to another any protected tree on any real property within the City without first obtaining a Tree Replanting Permit as provided in this ordinance. 5. All Protected trees are required to be protected from the harmful effects of nearby construction. In order to insure survival of protected trees during the construction process the following shall be required: a. Prior to construction or land development,the developer shall clearly mark with three-inch wide red ribbon or tape all protected trees within 30 feet of a public right-of-way, public easement or buildable lot area, as included on the applicable approved and filed record plat. b. Prior to construction or land development of the subdivision, the developer shall establish designated parking areas for the parking and maintenance of all vehicles, trailers, construction equipment and related items and designated stockpile areas for the storage of construction supplies and materials during construction of the subdivision. The location and dimensions of said designated areas shall be clearly identified on both subdivision construction and site plans and shall be approved by the City prior to construction or land development of the subdivision. c. Designated parking and stockpile areas shall be completely fenced with chain-link fencing and gated for safety purpose and to separate protected trees from the construction area and related construction activity. The designated parking and stockpile areas may be combined into one fenced area, provided the preservation of protected trees is not adversely affected or jeopardized. d. Supplies and pipe and other items that are customarily unloaded where installed shall not be required to be stored within the designated stockpile areas. e. During construction,the developer shall prohibit the cleaning of equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of any protected tree or group of protected trees. f. If a foundation, street or alley pavement, utility line, on-site sewerage facility, pool,tennis court, patio, sidewalk, drive or parking lot, as approved by the City, must be constructed within the drip line of a protected tree, it shall be constructed no closer than five feet from the trunk of the protected tree and the canopy of the tree pruned appropriately to balance the effect of damage to the roots. 6. No attachments or wires of any kind, other than those of a protective nature, shall be attached to any protected tree. Adopted November 2001 ARTICLE 7-GENERAL DEVELOPMENT REGULATIONS Page 169 Amended September 2003 1 Zoning Ordinance 7. To accommodate grade changes of six inches or greater,a retaining wall or tree well of rock,brick, landscape timbers or other approved materials shall be constructed around the tree no closer than the drip line of the tree. The top of the retaining wall or tree well shall be constructed at the new grade. E. Enforcement 1. Any person that removes a protected tree(s) from any real property, including any injury to a protected tree resulting from the failure to follow required tree protection measures that causes or may reasonably be expected to cause the tree to die shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as follows: a. A monetary penalty of 100 dollars per caliper inch of width of the protected tree(s) removed, payable to the City of Wylie. Funds paid to the City as tree removal penalties shall be deposited in a special account or fund and used by the City to provide and/or support supplemental landscape plantings in public areas of Wylie. Or b. Replacement with new trees having a total tree caliper width equivalent to that of the removed tree(s). The replacement trees shall have a minimum caliper width of three inches. measured at six inches above ground level, and a minimum height of at least six feet, and shall be planted in a location(s)as approved by the City 2. All trees planted as a requirement of this subsection shall meet the standards and specifications for landscaping provided in Section 7.7 Landscape Requirements. SECTION 7.7 LANDSCAPE REQUIREMENTS A. Purpose The process of urban development with its alteration of the natural topography, vegetation, and creation of impervious cover can have a negative effect on the ecological balance of an area by causing increases in air temperatures and accelerating the processes of runoff, erosion, and sedimentation. The economic base of the City can and should be protected through the preservation and enhancement of its unique natural beauty, environment, and vegetative space. This section has the following specific purposes: 1. To implement the Wylie Comprehensive Plan. 2. To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration,groundwater recharge, and(storm water) runoff retardation, while at the same time aiding in noise,glare and heat abatement. 3. To insure that landscaping is an integral part of development, not an afterthought. 4. To provide visual buffering between land uses of differing character to alleviate the harshness of urban life. 5. To enhance the beautification of the City. 6. To safeguard and enhance property values and to protect public and private investments. 7. To preserve and protect the unique identity and environment of the City of Wylie and preserve the economic base attracted to the City of Wylie because of these qualities. 8. To conserve energy. Page 170 ARTICLE 7—GENERAL DEVELOPMENT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance 9. To protect the public health,safety and general welfare. B. Applicability 1. Except as otherwise provided below,these landscape regulations shall apply to all land located in the City of Wylie. These landscaping requirements shall become applicable to each individual lot when a site plan is submitted for Commission review or an application for a building permit on the lot is made. The maintenance requirements in subsection G of this section shall apply to all applications for building permits. 2. This section does not apply to lots containing only single-family and/or duplex uses where only one single-family or two-family structure is constructed. 3. This section applies to the following: a. Multifamily Districts b. Neighborhood Services Districts c. Community Retail Districts d. Commercial Corridor Districts e. Business Center Districts f. Industrial Districts g. Planned Development Districts h. Specific Use Permits i. Applications for building permits or for certificates of occupancy for a change in use. j. Applications for building permits for construction work that: (1) Increases the number of stories in a building on the lot; or (2) Increases by more than ten percent or 10,000 square feet, whichever is less,the combined floor areas of all buildings on the lot; or (3) Increases the non-permeable lot coverage by more than 2,000 square feet. k. Building permit applications for exterior remodeling with a value equal to or greater than $10,000.00 exclusive of maintenance and repair. 4. When the ordinance becomes applicable to a lot, its requirements are binding on all current and subsequent owners of the lot. 5. When establishing or amending a planned development district, or amending a special use permit, the Council shall, as a minimum, impose landscaping requirements as a part of any ordinance,that arc reasonably consistent with the standards and purposes of this section. All landscaping requirements imposed by the Council must be reflected in landscape and irrigation plans that comply in form and content with the requirements of Subsection C. Submission Requirements. 6. The Board may'grant a special exception to the landscaping requirements of this section upon making a special finding from the evidence presented that strict compliance with the requirements of this Article will result in substantial financial hardship or inequity to the applicant without sufficient corresponding benefit to the City and its citizens in accomplishing the objectives and purposes of this section. The applicant, to be considered for special exception, must submit a justification statement that describes: a. Which of the requirements set forth in this section will be met with modifications, b. Which project conditions justify using alternatives,and Adopted November 2001 ARTICLE 7—GENERAL DEVELOPMENT REGULATIONS Page 171 Amended September 2003 Zoning Ordinance c. How the proposed measures equal or exceed normal compliance. C. Submission Requirements 1. The landscape and irrigation plans submitted under this section shall: a. Include 6 folded blue or black line copies for review. b. Have a scale of one inch equals 100 feet or larger(e.g., one inch equals 50 feet,or one inch equals 40 feet, etc) and be on a standard drawing sheet of a size not to exceed 24 inches by 36 inches. In the event a single sheet is not practicable,multiple sheets may be used if, on each sheet: (1) Match lines are indicated; and (2) A composite drawing is provided that shows the entire proposed development, location of the match lines, sheet numbers, and the location of the sheet within the proposed development by the shading in of the appropriate area on the composite. 2. Landscape and irrigation plans required under this section must contain the following information: a. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan. b. Project name, street address, and lot and block description. c. Location of all buildings, parking areas, walks, and other improvements. d. Location, height, and material of proposed screening and fencing(with berm to be delineated by one-foot contours). e. The location, type and size of all existing trees on the lot must be specifically indicated. f. Complete description of proposed plant materials shown on the plan, including names (common and botanical name), locations, quantities, container or caliper sizes, heights, spread, and spacing. g. Complete description of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount(in square feet)of landscape area compared to gross site square feet. h. Size, height, location, and material of proposed seating, lighting, planters, sculptures, decorative paving, and water features. i. Cross section drawing of berms and grading plan showing berm contours. j. Location of sprinkler heads, valves, double-check valve, water meter, automatic controller and rain and freeze sensors. k. Landscape plans shall contain the certification and a stamp of a landscape architect licensed in the State of Texas that the plans have been reviewed by an architect and satisfy all requirements of these landscape regulations. 1. Irrigation plans shall contain the certification and stamp of an irrigator licensed by the State of Texas Board of Irrigators that the plans were prepared by an irrigator and satisfy all requirements of these landscape regulations. D. General Requirements 1. Once landscaping is installed according to an approved plan,a landscape architect licensed in the State of Texas shall review the installation and certify that it is in accordance with the approved plan. Page 172 ARTICLE 7-GENERAL DEVELOPMENT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance 2. Due to seasonal planting problems and a lack of plant availability,approved landscape plans may require minor revisions. Revised landscaping plans shall be accepted if: a. there is no reduction in the quality of plant material, b. no significant change in size or location of plant materials, c. the new plants are of the same general category(i.e., shade,ornamental,or evergreen trees) d. have the same general design characteristics (mature height, crown spread)as the materials being replaced. 3. All plant material (including street trees and planting within the public right-of-way) shall be watered with an automatic irrigation system subject to the following requirements. a. Irrigation sprinkler layouts shall be designed to minimize the amount of spray that will fall on sidewalks,neighboring properties,and adjacent buildings. b. Backflow prevention devices shall be placed in compliance with City of Wylie standards. c. The City encourages the use of water-conserving system design and materials including the use of drip irrigation where appropriate. d. Separate valves for turf and non-turf areas shall be installed to accommodate different water use requirements within the landscaped area. e. Rain sensors are encouraged to be installed and operational to reduce water use. 4. Landscaping in visibility triangles. No landscaping shall obstruct the view between access drives and dedicated streets, parking aisles, or access drives of parking lots. Landscaping within visibility triangles, as defined in subsection 7.8, shall comply with the following requirements: a. No plants with a height greater than 2.5 feet are allowed in the visibility triangle,except single trunk trees with a minimum branching clearance of seven feet from the ground to the first branch. b. Trees are to be of a size and so spaced that a visual obstruction that represents a traffic hazard is not created. c. Plants shall not reduce or limit visibility to such an extent that a safety hazard is presented. Plants normally considered as effective screens shall be unacceptable for use in the visibility triangle. E. Landscape Design Requirements Specific landscape requirements are provided in Article 3, Residential District Regulations and Article 4,Nonresidential District Regulations, Approved landscape plans shall comply with all base standards and shall have the number of points required to gain approval of a site plan or building permit as specified in Article 3 and 4. F. Landscape Standards and Specifications 1. Plant Materials. All plant materials should be native or adapted to the north Texas region.The Director shall maintain and make available for distribution, a list of acceptable locally-adapted trees and shrubs to meet minimum planting requirements of these regulations. 2. Plant materials shall conform to the requirements described in the latest edition of American Standard For Nursery Stock, published by the American Association of Nurserymen. 3. Plants shall conform to the measurements and specifications listed below,with caliper measurements taken 12 inches above grade. Minimum branching height for all shade trees shall be six feet. Adopted November 2001 ARTICLE 7—GENERAL DEVELOPMENT REGULATIONS Page 173 Amended September 2003 Zoning Ordinance a. Minimum size for shade trees shall be three inches in caliper and 14 to 16 feet in height. Tree heights shall be from tops of root balls to nominal tops of plants. b. Trees shall be healthy,vigorous, full-branched,well-shaped and symmetrical. c. Root balls shall be firm, neat, slightly tapered and well-burlapped. d. Trees shall be free of physical damage such as scrapes, bark abrasions, split branches, mistletoe or other parasitic growth. e. Minimum size for ornamental shade trees shall be three inches in diameter. f. Minimum size for ornamental flowering trees shall be eight to ten feet in height. g. Minimum size for evergreen trees shall be eight to ten feet in height. h. Minimum size for shrub containers shall be five gallon. Substitution of three gallon material meeting the height requirement of five gallon shrubs is acceptable. Shrubs shall be full bodied, well-shaped and symmetrical. i. Ground cover spacing shall be eight inches on center maximum for four-inch pots and 16 inches on center maximum for one-gallon containers. 4. The City shall reject any trees delivered and/or planted not meeting the minimum size and shape standards set forth above. 5. All shrub beds shall be edged using steel, concrete, masonry, or pre-cast concrete edging and all plant materials mulched with a two-inch layer of bark or shredded Cypress mulch. G. Landscape Maintenance 1. All landscaped areas must be kept in a healthy and growing condition. All seasonal plantings must be replaced at the appropriate time as indicated in the landscape plan. Any plant materials that die during a time of year where it is not feasible to replant, shall be replaced as soon as possible. 2. Landscape maintenance includes, but is not limited to,the following: a. Prompt removal of all litter,trash, refuse and waste; b. Lawn mowing on a periodic basis during the growing season; c. Shrub pruning according to accepted practices of landscape professionals to maintain plants in a healthy condition; d. Tree pruning according to latest edition of the Tree-Pruning Guidelines published by the International Society of Arboriculture; e. Watering of landscaped areas on a regular basis to maintain good plant health; f. Keeping landscape lighting in working order; g. Keeping lawn and garden areas alive, free of weeds, and attractive; cleaning of abutting waterways and landscaped areas lying between public right-of-way lines and the property unless the streets, waterways or landscaped areas are expressly designated to be maintained by applicable governmental authority. 3. All required landscaped areas shall be irrigated using one of the following methods: a. Conventional automatic sprinkler system, installed underground, and using spray and/or bubble type heads; b. Drip or leaky-pipe system using an automatic or manual underground system in conjunction with a water saving system such as drip heads, or leaky-pipes. Page 174 ARTICLE 7—GENERAL DEVELOPMENT REGULATIONS Adopted November 2001 Amended September 2003 Zoning Ordinance c. Landscaped areas using xeriscape plants and installation techniques, including native grasses and wildflowers may use a temporary above ground irrigation system. H. Enforcement 1. Any property owner or tenant that fails to meet any of the above maintenance requirements shall: a. Be given a written notice of the failure by the City; b. Within ten days after receiving the notice the property owner or tenants must correct any maintenance shortcomings. c. Should any property owner fail to fulfill this duty and responsibility within the required period, the City may: (1) Revoke any building permits, certificates of occupancy, or other approvals or permits previously issued for the premises; or, (2) Withhold approval for building permits, certificates of occupancy, and other permits or approvals relating to the premises; or (3) Have the right and power to enter onto the premises and perform care and maintenance. The property owner and tenants of any part of the premises on which the work is performed shall jointly and severally be liable for the costs of the work and shall promptly reimburse the City for the costs. If the property owner or tenant shall fail to reimburse the City within 30 days after receipt of a statement for the work from the City,the said indebtedness shall be a debt of all of said persons jointly and severally, and shall constitute a lien against the premises on which the work was performed. The lien may be evidenced by an affidavit of costs filed in the real property records. 2. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed$2,000.00 and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7.8 BILITY TRIANGLES A. Protected Area A person shall not erect, place, : maintain a struc , berm, plant life,or any other item on a lot if the item is: 1. In a visibility triangle as defined in pa ph 2 below;and 2. Between the height of 2.5 feet an. even fee , • easured from the top of the adjacent street curb, except as provided in subsect' 7.7, Landscape ' irements. If there is no adjacent street curb, the measurement is taken •.m the grade of the pave. :.rtion of the street adjacent to the visibility triangle. B. Visibility Triangle D ned For the purposes • "paragraph 1, above,the term "visibility triangle" m-. • 1. For all s et intersections,the portion of a corner lot within a triangular are. ormed by connecting tog- - the point of intersection of adjacent street curb lines(or, if there are no •reet curbs,what w. d be the normal street curb lines) and points on each of the street curb lines created by a sight e projected from the centerline of the nearest on-coming travel lane, starting at the minimum sight distance for a stopped vehicle based on the design speed of the through roadway, corrected for grade, (see chart showing minimum sight distances and grade correction distances)and a point •.opted November 2001 ARTICLE 7—GENERAL DEVELOPMENT REGULATIONS Page 175 Amended September 2003 . 1 As me NOW - Our Mission.. AV I f' ...to be responsible stewards of the public trust, Ar. I to strive for excellence in public service,and • , to enhance the quality of life for all. 0:•' r''�'t April 20, 2004 TO: Members of the Planning and Zoning Commission FM: Claude Thompson, Planning Director RE: Review of Ham (amateur) Radio Operators in Wylie The City Council has requested that the Planning and Zoning Commission review the concentration of amateur radio operators in Wylie, in order to identify and address any negative consequences which may occur as the result of the proliferation of radio towers in residential districts. The current Zoning Ordinance allows amateur radio towers in residential districts only with an approved Special Use Permit(SUP). Two SUP's for such towers were recently approved thus raising the question of the possible proliferation of towers. The Federal Communications Commission (FCC) ultimately controls the operation of individual amateur radio communications as well as the limits which local governments such as Wylie may restrict such operations. PRB-1, adopted in 1985, states that the FCC "will not specify any particular limitations beyond which a local government may not regulate, nor will the FCC suggest precise language that must be contained within local ordinances. Local regulations that involve the placement, screening or height of antennas based on acceptable health, safety and aesthetic considerations must also be crafted to reasonably accommodate amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate goals and purpose." Section 5.2.J.7 of the Zoning Ordinance requires an approved Special Use Permit(SUP)for the construction and operation of such amateur communication towers/antennas within the Single-Family Residential Districts. The Ordinance also limits such towers to one (1) per lot, the height of which may not exceed seventy-five (75)feet. The Ordinance states that such towers may not be located within any front, side or rear setbacks. Single antenna arrays may not exceed 900 square feet and multiple antenna arrays may not total more than 1,400 square feet. Staff conducted research to determine the number and location of licensed Ham (amateur) radio operators in the city limits of Wylie and the 75098 zip code area. There are a total of 95 Ham operators in the 75098 zip code area, and 47 households within the Wylie city limits that have one or more licensed operators (or approximately 0.06% of the total households). A very small number of the licensed Ham operators actually have antennas installed and no apparent clustering of antennas has occurred. Most radio antennas are lower than the allowed 75 feet and cannot be easily differentiated from TV antennas, which are not controlled by City Code. A survey conducted of other cities indicated SUP's are only required when the tower exceeded the maximum allowed height for that district. Attached is related information for consideration by the Commission of a recommendation to the Council for revision to the Zoning Ordinance. It is the opinion of the staff that no action is necessary at this time to further restrict the installation of amateur radio towers/antennas. PLANNING AND ENGINEERING 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 • www.ci.wylie.lx.us " 3 QRZ Calisign Database Page 1 of 4 isa s WWI Group HAM BOOKSTORE Got class? QRZ.cOtl w .�. GetCatisign 1 MAIN INDEX 12 Apr 2004 @ 21:50:47 UTCNot Iogged in. Log In i'3��$�grts 1 0% OFF Kenwood This form can be used to search for names, cities and towns, Accessories states and Zip Codes. The format is free form meaning you can input whatever you like into the box. Note: callsigns are excluded R&L from the search. Electronics HAM Enter name or keyword(s) to search $0O-0-221-7735 Search 1`,""x"F��"°' F Use Simple Search help rAv • To search for the name or address of a club or person, enter the first and/or the last names (in any order), or a part of the address (like number and street) and/or the Zip Code. Go get Similar Zip codes, use the star (*) such as '85*' which returns mostly Arizona zip codes. ? Comma's and other punctuation are ignored. Both upper and lower case letters are treated the same. Associated Click here for more advanced search options... - R A D IC-706MKlIG o There are 96 records matching '75098'. AES AB5BO LITTLE CURTIS A 1053 Surrey Circle Wylie TX 75098 AB55 STINSON DAVID L 401 FLEMING STREET 1904 WYLIE TX 75098 1-$00-558-0411 AD4HC MODLIN MARY J 3301 CANDLEBROOK DR WYLIE TX www.aesham.com 75098 W4RT K3EYL FASICK, JR HARRY M 2960 WHITLEY RD WYLIE TX Electronics 75098 Specialty K5KWG HOLMAN MIKE 101 NORTH W A ALLEN BLVD WYLIE TX Accessories 75098 for vao „ Radios KA43M0 MURMAN BARBARA K 7081 Freda Ln St Paul TX 75098 11Y2Y-,flial KA5FKB HOLMAN ELLEN M 101 NORTH W A ALLEN BLVD SA"BIRIP s WYLIE TX 75098 POWEIPaiLe KA5FLG HOFER, JR DANIEL J 2730 HWY 1378 WYLIE TX 75098 SCANLAN JERRY P 801 ROLLING MEADOW WYLIE TX ----HiMSTOP.COM KA5PNW75098 KA5VUH Lovgren Robert D 112 Camino Real East Wylie TX 75098 KB5WED MINER ERNEST A 1301 DEVONSHIRE LN WYLIE TX http://www.grz.com/callsign?callsign=NAME&search=75098&simple=on 04/12/2004 .7._,[ rj T . minin.j... .._. .i____ min 1 _. 1_ _____• ____.:: . ,:ort7.1..1.„-ztk.vm." -447,1,-,-wtr,),-5.-JR,Wriff.,1711.,,,:v 0 EMIIIIII1111111 ._._ II 0 ,,,,,,,, Al,,-.,,,,.,.,,:,-......11,,,,,vi.:17.14—,-..4.501,1m4,4_,,..,,t.,,I,,-,,,& :,,,-•-v,-_:,,-,1,,L,i,,-;:i. 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'4;# A• Nit***\ =A- /11' 111111,-ilk.41.I ' Iks IIII Ai.' .,, OCTOBER---c._ Ai jiosp, . yam . 1997 •-•-- ME / K., RE,FG 0A1E !Haman 2.1 , Ir. „, ,...„ ..,e•\:N-‘::„P;./ QRZ Callsign Database Page 2 of 4 75098 KB5WRO MINER PATRICIA A 1301 DEVONSHIRE LN WYLIE TX 75098 KB5YIA LITTLEFIELD FLOYD P 1203 BUTLER RD WYLIE TX 75098 K5WAB BROCKMAN WILLIAM A 611 Pickwick Lane WYLIE TX 75098 KCOBSF TRAN DAMUYEN D 309 FOXWOOD LANE WYLIE TX 75098 K5BTY WEEKS BETTYE C 308 BRIARWOOD WYLIE TX 75098 KC5BEF TRAUGOTT SANDRA K 10 CREEKSIDE LN WYLIE TX 75098 KC5IOM NEWMAN CRAIG E 506 WINDING OAKS N WYLIE TX 75098 KCSKDL SEIF DENNIS N 1110 SUNNY LN WYLIE TX 75098 KCSKHQ FREEMAN JOE G PO BOX 1582 WYLIE TX 75098 KC5LLV NEWSOM EARL E 619 STONEYBROOK WYLIE TX 75098 KC5LRU ELLIS MELVIN J 324 SOUTH THIRD, PO BOX 534 WYLIE TX 75098 KC5LRV JUSTICE, JR WALTER E 401 FLEMING 303 WYLIE TX 75098 KC5NFA THOMASON BILLY D 1303 WYNDHAM WYLIE TX 75098 KCSOFL BROWN ROBERT E 169 CHRISTOPHER CROSSING WYLIE TX 75098 KC5OLT BABUS SUSAN E 1001 LAKE RANCH LN WYLIE TX 75098 KC50LU BABUS MICHAEL J 1001 LAKE RANCH LN WYLIE TX 75098 KC50ZB BABUS SCOTT M 1001 LAKE RANCH LN WYLIE TX 75098 KC5PNM HARRISON SIDNEY A 616 EWING WAY SOUTH FORK MHP WYLIE TX 75098 KC5QLP GOODMAN ROBERT B 690 MEADOWBROOK WYLIE TX 75098 KC5QZZ HARRISON THEDA A 616 EWING WAY WYLIE TX 75098 KC5UYU NEWLAND RENNIE A 127 FAIRMOUNT WYLIE TX 75098 KC5ZYV WOOD KELLY S 702 NORFORK WYLIE TX 75098 KD5AHO COCHRAN RUSSELL L 1205 Leeward Ln. Wylie TX 75098 KD5BRU EDWARDS JEFFREY C 418 FLEMING ST WYLIE TX 75098 KD5CDZ COPELAND GAYLE L PO BOX 1676 WYLIE TX 75098 KD5CPB NALL CHRISTOPHER R 421 W OAK ST WYLIE TX 75098 KD5CTT Van Gilder JASON M 412 N JACKSON WYLIE TX 75098 http://www.grz.com/callsign?callsign=NAME&search=75098&simple=on 04/12/2004 QRZ Callsign Database Page 3 of 4 KD5DNI WICKS ROY A 1313 ELM DR WYLIE TX 75098 KD5EQQ NERPEL TREVOR W 706 RIVA RIDGE WYLIE TX 75098 KF5X3 DAVIS CAMDEN ) 821 HEATHERWOOD DR WYLIE TX 75098 KG53Q BROWN CLARENCE R 3205 WILLOW CREEK CT SACHSE TX 75098 KH7QI HORN BACK RONNIE C 75098 NANU ST HONOLULU HI 96818 KI6BC SMITH KENT S 1915 NICHOLAS 83 WYLIE TX 75098 KU5I SCANLAN JOHN C 801 ROLLING MEADOW LN WYLIE TX 75098 KU50 JONES STEPHEN K 111 Camino Real East WYLIE TX 75098 NOYSL Patterson Allen L 559 John Ross Rd Wylie TX 75098 N1MTC EGBERS PAUL A 2300 COUNTRY CLUB RD ST PAUL TX 75098 NSTP PEDERSON TRAVIS W 195 SQUIRREL RIDGE WYLIE TX 75098 N5HIX Schiller John L 2026 Quail Run Wylie TX 75098 N53JC ROLLINGS MARK A 1209 Anchor Court Wylie TX 75098 NSOC SIMS DAVID N 406 W JEFFERSON WYLIE TX 75098 NSOKA FASSETT THOMAS A 2120 S BALLARD WYLIE TX 75098 NSPLN CARROLL RAY R 1005 PAUL WILSON RD WYLIE TX 75098 N5PWV CANNON DAVID R 931 Oakbrook Drive Wylie TX 75098 N5QHR SCANLAN KENNETH W 801 ROLLING MEADOWS LN WYLIE TX 75098 N5RRJ CARPENTER JAMES B 1807 Madaleine Lot 118 Wylie TX 75098 NSTUW TRAUGOTT MARK A 10 CREEKSIDE LN WYLIE TX 75098 NSUTA SMITH LEE A 2117 POSEY LANE WYLIE TX 75098 N5VBZ MOORE RICKY L 3725 TROY RD WYLIE TX 75098 N5ZNS WELLS GEORGE K 118 Martin Dr. Wylie TX 75098 NBQVT HOSKI VALLI M 2960 WHITLEY RD WYLIE TX 75098 WSFZV COLLUM MICHAEL D 1211 ESTATES LN WYLIE TX 75098 W5WFY BRINKLEY WILLIAM N 212 MEADOWLARK LN WYLIE TX 75098 WA4ECM MURMAN DAVID E 7081 Freda Ln St Paul TX 75098 WA5FJB ADCOCK DAVID E 429 S 4TH ST WYLIE TX 75098 WA5) PHILLIPS JOHN T 126 WINDSOR WYLIE TX 75098 WA5NJY NASH NORMAN M 907 MEMORIAL WYLIE TX 75098 WA5WSI MILLER RONALD F 334 HENSLEY LN WYLIE TX 75098 WA8GGE NAUJOKS ROGER A 1 BROADMOOR WAY Wylie TX http://www.qrz.com/call sign?call sign=NAME&search=75098&simple=on 04/12/2004 QRZ Callsign Database Page 4 of 4 75098 WB3DBI SCHWARTZ LAWRENCE F 12 LOS ALAMITOS CIR WYLIE TX 75098 WB5TUM FOLTZ JOSEPH 0 870 MEADOWBROOK WYLIE TX 75098 WB9AJJ BROWN KENNETH E 15 TWIN OAKS WYLIE TX 75098 WDOFCR CHATFIELD RICHARD F 100 WINDSOR DR WYLIE TX 75098 WDSFGJ MC KINNEY, JR ALVAH B 350 DONNA DR WYLIE TX 75098 WU5G TUSSY MICHAEL R 2522 MEADOWLARK LN WYLIE TX 75098 ZA1MH HOLMAN MIKE 101 N W A Allen Blvd Wylie, TX 75098 KD5HCR TIMMONS ROBERT W 6902 DOVE CREEK DR WYLIE TX 75098 W5JVY YOUNG JAMES V 221 TANGLEWOOD DR WYLIE TX 75098 K5LLD Celentano Thomas J 819 Foxwood Lane Wylie TX 75098 KDSKHD Young Jordan D 221 Tanglewood Dr Wylie TX 75098 W5SWR RODGERS MARK A 702 RIVA RIDGE WYLIE TX 75098 KD5MYG Jackson James R 202 Silvercreek Wylie TX 75098 W5VC3 Anderson, Jr Alva 219 Martin Dr Wylie TX 75098 KD5NIU Smith Roger E 106 N Carriage House Way Wylie TX 75098 AD5HC Huddleston Brian W 704 Nickelville Lane Wylie TX 75098 KD5STR Porter Christie A PO BOX 253 Wylie TX 75098 KD5STQ Porter Carter B PO BOX 253 Wylie TX 75098 KD5TNO EDMONSON JAMES M 800 MEADOWBROOK DR WYLIE TX 75098 WA5CW Quiles Jose M 814 Foxwood Ln Wylie TX 75098 K5WKS WEEKS KERRY A 308 BRIARWOOD WYLIE TX 75098 KD5VYN Gray Josh T 203 Douglas Dr Wylie TX 75098 KD5YHX Sarles Mason E 1518 Windward Ln Wylie TX 75098 KD5Y3N Mc Manus David L 1411 Leeward Wylie TX 75098 KD5ZDU Walker David B 1052 Fairview Ln Wylie TX 75098 ND2E Aurelio Joseph A 409 Grant Dr Wylie TX 75098 .?..QRZ.COM The Radio SuperStte http://www.grz.com/callsign?callsign=NAME&search=75098&simple=on 04/12/2004 ..nl�la�■Inl ='I�Iq 1 n ■■ .--__ _--� - 1•.�� ■.■pub I-- , r �: IIIhin 11- -M n■>.IIIIINI ■� .. — .s ,AID ■. u; %4 11111 111 11_I�t 10 I"will ■umnmum. 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Lt Cs_l ;-fl p E...■ t. sk•� i .. ••tom I�:r= 1111C/ �'II�1/■ �Iiilhl�:�[tIID47 G a II s1: s .. Pis t41 G� I I - I' fripit_ . ✓ 1 II �illlniti., s,„,...., r -iu,,,_ �111 iEMINIM I i i\_ v....vailordill .1:3L4.-.4;.1F24iimmunaummi �li° I °; rgaltnmt= I a II I 't. Pa — Aillir a 1,_,Aire.=imm ._= 1\ ,1:n,rip. ____.t .,...,., ,„..1111 �g=_■. III■ .J ❑. ■ f. i111_II�IE;� .i.' To-�RIB �ous�tlA� 11'�:�O' L ' ' 'arm roil a . .. Ti --- ___,, 47 AlMtge' killiiIM �� ;��ys:� 0�1 4 ..._ ,. 1I 3 CITY OF WYLIE III / qk \ .I ,//�� I.I a': ,° .r.r'.'�',._ __� "'° `f' ,, CITY LIMIT MAP Ilki NW m• /% ,x" 11 ,4+4 vol r,4 '—'1,' le rif .� \\ u OE. CCtOBER.�990 �tivISEO \�� DATE OCCEMBER 2003