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04-06-2004 (Planning & Zoning) Agenda Packet Planning & Zoning Commission I - .. City of Wylie April 6 , 2004 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, April 6, 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 March 16, 2004 Regular Meeting. ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the American National Bank Addition No. 2, being all of a certain 1.730 acre tract of land, generally located west of Westgate Way and north of F.M. 544, said tract of land being comprised of two lots described in a deed to American National Bank, recorded in Volume 4497, Page 1611 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Community Retail (CR) to Planned Development (PD) for mixed commercial and light industrial uses, subject property being an unplatted site totaling 6.22 acres located at 901 and 903 W. Kirby Road, situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. (Zoning Case 2004-04) MISCELANNEOUS 1. Discuss findings from the recent Customer Service Survey. l o LI ADJOURNMENT OWY" . ....... , 's e= EAL - osted Friday _pn12, 2004, at 5:001j.m THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHERSPEC�T IF y1 FOR DISABLED �� i_D ATTENDEES MUST BE REQUESTED 48 HOURS[N ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 2- ]00 OR TDD AT 442-B170. MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting March 16, 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 William Chapman Mary V. Bradley, Secretary Don Hughes Terry Capehart, Planner Mike Phillips Carter Porter Chris Seely Kathy Spillyards CALL TO ORDER Chairman Seely called the Regular Meeting to order at 7:04 p.m. INVOCATION AND PLEDGE Commissioner Seely offered the Invocation and Commissioner Byboth led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon Consider and act upon approval of the Minutes from the March 2, 2004 Regular Meeting. A motion was made by Commissioner Byboth to amend the fifth paragraph on page 3 to reflect that Commissioner Porter suggested tabling the Zoning Change until March 16, 2004 meeting with the agreement of the applicant, and seconded by Commissioner Porter,to approve the minutes as amended. Motion carried 7—0. P & Z Commission Meeting March 16, 2004 2 of 5 PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being located at 713 Cooper Drive, and being part of Lot 3, Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004-01) (Tabled from the March 2, 2004 Regular Meeting) Thompson reminded the Commissioners that the item was tabled from the March 2, 2004 meeting, in order to allow the applicant time to provide additional documentation concerning the availability of alternative sites for the tower. The report is the same as provided previously, and the applicant will provide additional information at the meeting. The subject property was created in 1972 as Lot 3, Block A (22,769 square feet or 0.523 acre) of the Wylie Industrial Park Addition. The entire lot totals 22,769 square feet or 0.523 acre in size, and is currently vacant. The applicant is leasing 625 square feet(0.014 acre) at the rear of the lot. Prior to the City wide revision of the Zoning Ordinance and Map in November of 2001, the property was zoned Industrial (I). The property is currently zoned Corridor Commercial (CC) District, and Telecommunications Microwave Towers are allowed within the CC District only with an approved Special Use Permit(SUP). The overall height of the tower is proposed to be one hundred (150) feet, rather than the 120 feet maximum height allowed by the Zoning Ordinance, but will comply with all other regulations of the Ordinance. The tower is being designed to accommodate various users, which is encouraged in the Zoning Ordinance, and one of the users would be emergency communications (city police and fire dispatch). So, in actuality this is not only a private commercial economic venture but is in some ways is a public community service. However, the proposed location is within Wylie's new central business area and visible from the major central place intersection of State Highway 78 and Farm Market 544. This visual impact within the city's core is the most significant concern of Staff and Commission. Commissioner Hughes questioned if additional locations were considered as directed by the Commission at the March 2, 2004 meeting. Thompson stated that the applicant was unable to meet the deadline before posting, and will be discussing the additional locations at this meeting. Chairman Seely opened the Public Hearing. P & Z Commission Meeting March 16, 2004 3 of 5 John Rooney, 11830 Webb Chapel, Dallas, Texas, represented the applicant T-Mobile of the subject property, and introduced other representatives; Dave Kirk, Zoning Director, Vicki Sisson, Site Acquisition, and Steve Greenwood, RF Engineer. T-Mobile has determined that the subject lot is the only viable site to meet engineering and radio- frequency propagation needs. Mr. Rooney stated that they had researched the medical building as suggested; however, placing a tower on the 3-story building would require even greater heights and visibility, may not be structurally possible and would not meet directional specifications. Dave Kirk added that putting the tower by the hospital or on top of the medical building next to the hospital may be closer than the Ordinance required 200 feet distance from a residential area. Mr. Rooney distributed several pages to the Commissioners which described several limitations and conditions for a tower location. The license from the federal Government requires carriers to provide seamless coverage, basically meaning having a connection in an area with no gaps in communication. The Telecommunications Act attempts to provide for both the rights of municipalities to have supervision over these towers and the need for a carrier to locate a tower with the least intrusive means. The search realm, which includes the physical and engineering requirements when constructing a site, is only a quarter of a mile in diameter. The center of this search realm is the intersection of State Highway 78 and Farm Market 544. Mr. Rooney reviewed a promulgation map of existing towers showing a gap with no coverage as well as dropped calls due to inadequate coverage around the proposed tower site. A promulgation map with the proposed tower and existing tower was provided indicating the link complete with no gap of coverage. Mr. Rooney stated that T-Mobile is willing to compromise and install a 120 feet tower. The tower of 120 feet will fulfill T-Mobile needs as well as some other carriers if able to locate below the 120 feet height. Chairman Seely questioned the technical requirement for the distance between towers. Mr. Rooney responded that depends on each site, because the towers are affected by both topography and gravity. Commissioner Byboth recommended a location off State Highway 78 which would fill the coverage area in the south. The tract of land is un- developable and obscure from highway visibility. Mr. Rooney stated that there are several factors which limit where a tower is located, engineering requirements and the ability to find a site that can be leased, and Mr. Byboth's property is not within the engineered search realm. Mr. Rooney stated that when businesses increase use for wireless communications, such as Wal-Greens nationwide coverage for prescriptions and all other inventory, they are going to need full coverage without gaps. The proposed subject property is where they are going to need a tower. There is no proof and no indication that such towers affect property value at all that towers or are in any way a determent rather than an asset to the community. P & Z Commission Meeting March 16, 2004 4 of 5 Commissioner Porter questioned why the tower can not be 200 yards further toward Sachse. Steve Greenwood, T-Mobile Engineer, described the color coverage definitions of the handouts stating that red is quality assured within buildings, yellow will assure vehicle coverage, green will assure outdoor coverage, the color between Sachse and Wylie is yellow so there will be coverage while driving,but not within buildings. Commissioner Porter questioned if a flag could be placed on top of the tower if the tower was to be approved at the subject property. Mr. Rooney stated that the tower can be designed to serve as a flagpole with all antennas mounted inside the pole, but would cut down on the coverage radius. If allowed to be higher, a flag could be located on the top of the tower above the antennas, and could be lighted from below. Sam Satterwhite, Director Wylie Economic Development Corporation, and a resident of Wylie, spoke in opposition of the zoning change because the tower would diminish the ability to redevelop the subject area to its optimum level to become Wylie's central place as planned. New buildings might screen the ground-based equipment and over one-third of the tower but could not cover the arrays of antennas, and a flag would draw even more attention to it. A motion was made by Commissioner Hughes, and seconded by Commissioner Chapman, to recommend denial to the City Council for the zoning change. Motion carried 6— 1, with Commissioner Phillips voting approval. ACTION AGENDA 1. Consider a recommendation to the City Council regarding revisions to the Comprehensive Plan Map. Thompson stated that the proposed revisions to the Comprehensive Plan are built upon the same philosophy of the current Plan except that the current Plan did not illustrate the philosophy completely accurately. The intent for publishing the revisions is to have the Land Use Plan on one side of the map and the text on the opposite side. The Commission generally approved the revisions at the March 2, 2004 meting but delayed final discussion to give then-absent Commissioners an opportunity to express their views. There was discussion of the different Non-residential Districts, which included amending to three levels from the current four; now to include Commercial Corridor, Neighborhood Service, Community Retail and Industrial. Business Center will be converted to the most appropriate district as dictated by each location. A motion was made by Commissioner Porter, and seconded by Commissioner Chapman, to recommend approval of the revisions to the Comprehensive Plan Map to the City Council. Motion carried 7—0. P &Z Commission Meeting March 16, 2004 5 of 5 ADJOURNMENT With no further discussion, a motion was made by Commissioner Hughes and seconded by Commissioner Byboth to adjourn the meeting at 8:51 p.m. Chris Seely, Chairman Mary Bradley, Secretary City of Wylie Action Item No. 2 Final Plat American National Bank Addition No. 2 Planning and Zoning Commission Meeting: April 6, 2004 Owner: American National Bank Surveyor/Engineer: Jackson& Associates Land Surveyors, Inc. Location: Generally located west of Westgate Way and north of F.M. 544 Existing Zoning: Business Center(BC) Summary: The Final Plat under consideration will create 2 lots totaling 1.730 acres. Lot 1 is 1.390 acres in size and will be developed in the future for as yet undetermined retail uses. Lot 2 is 0.340 acre in size and will be developed immediately as the American National Bank automated teller machine (ATM) facility. Joint access is provided between the two lots. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Final Plat — American National Bank Addition No. 2 Issues: 1. The proposed Final Plat for the American National Bank Addition No. 2 complies with the Subdivision Regulations and all other pertinent code requirements of the State and City of Wylie. 2. No additional right-of-way for the expansion of either Westgate Way or F.M. 544 is required by this plat. A joint access easement that also serves as a fire lane provides public and emergency vehicle access to both lots. Financial Considerations: Plat application fees—Paid The applicant is aware that park dedication fees must be paid prior to filing of a final plat for this property and development impact fees must be paid prior to issuance of a building permit. Staff Recommendation: Approval. Attachments: Final Plat OWNER'S CERTIFICATE STATE OF TEXAS ,-° rRR011N Sr.r'< COUNTY OF COLLIN � � WHEREAS,The American National Bank is the owner of a tract of land situated in the E.C. Davidson Survey,Abstract No.266,City of Wylie,Collin County,Texas and being the same � called 1.738 acre tract of land conveyed to The American National Bank by deed recorded in Volume 4497,Page 1611,Deed Records,Collin County,Texas and being more particularly � described as follows: ^a � Beginning at a 5/8"iron rod found on the nIt. h h-f ight.--of-waylineofW.F.M.Highway No.544 (120' .O.W.)for thesouthwest corner of said73acre tact;SAL DEL REY PROPERTIES,INC.. Thenc,North05"02'44"East,along the westesaid 1.738acretractadistance ofREMAINDER TRACT340.00feetto a 5/B'iron rodfoundfor thertwest corner of said 1.38 acre tract; VOL 1663,PG.451 \ lir- P, i `�\ S� Thence,South 84°57'16"East,along the north line of said 1.738 acre tract,a distance of D 40 0 40 80 120 Prue �- d 177.21 feet to a 5/8"iron rod found on the west right-of-way line of Westgate Way(65'R.O.W.) a i, r.r.su for the northeast corner of said 1.738 acre tract and being in a curve to the left having a central angle of 01.28'53",a radius of 582.50 feet,a chord which bears South 20.43'36"East a 5,..I.R.rND. S_84.5'1 77 21' cr�p o ■-'• ■` - --- distance of 15.06 feet; _ SIB IR.MD. C9 ' N%%• o Thence,alongthe west right-of-way line of Westgate Wa Scale 1 40 g y g y(65'ROW),an east line of said o�ocP� 1 738 acre tract and said curve to the left,an arc distance of 15.06 feet to a capped iron rod cAPr® -w- found for point of reverse curve having a central angle of 25.26'55",a radius of 517.50 feet, �.R.rNo. a chord which bears South 08.44'35"East a distance of 227.97 feet; I LOCATION II' Thence,along the west right-of-way line of Westgate Way(65'R.O.W.),an east line of said 1N.rs.1 1.738 acre tract and said curve to the right,an arc distance of 229.85 feet to a capped iron rod found for corner: 1 Thence,South 03°58'53"West,along the west right-of-way line of Westgate Way(65' R.O.W.)and an east line of said 1.738 acre tract,a distance of 74.96 feet to a TXDOT-- monument found for the north corner of a corner clip on the northerly right-of-way line of W. 1 r 1 F.M.Highway No.544; �l a 1 n Thence,South 47.58'08"West,along said corner clip,a distance of 36.00 feet to a TXDOT P monument found for the south corner of said corner clip on the west right--of-way line of A No,r.n Westgate Way(65'ROW.)and on the north right-of-way line of W.F.M.Highway No.544 •oN (120'R.O.W.)and being on the south'line of said 1.738 acre tract; CpUCTNN SAL DEL REY PROPERTIES,INC. o BLOCK LOT IA � ��'�� Bearings based on deed recorded in Volume 4497, Thence,North 85°56'56"West,along the north right-of-way line of W.F.M.Highway No. :''•• Page 1611,Deed Records.Collin Count Texas- 544(120'R.O.W and the south line of said 1.736 acre tract,a distance of 215.00 feet to the REMAINDER TRACT g Y ) VOL.1663,PG.451 Iii 80,538 SQ.FT. rn ��. Point of Beginning and containing 75,369 square feet or 1.730 acres of land. 1'1'1 1.390 ACRES �I0 s All of the above described property lies within Zone'X"(areas determined to be outside of the 500 yearflood plain)accordingtothe Flood Insurance Rate Map Community Panel Number �,' 1.3°' 48085C0470G,datedJanuary19,1996. NOV,THEREFORE KNOW ALL MEN BY THESE PRESENTS: o V G5 That,The American National Bank,does hereby adopt this plat designating the hereinabove described I Y P P g g property as 'z 7 I /;.� The American National Bank Addition No.2,an Addition to the City of Wylie,Collin County,Texas,and does hereby I >, dedicate to the public use forever the easements and right-of-ways shown hereon. �/ / The easements shown hereon are hereby reserved for the purposes as indicated. No buildings,fences,trees, GAY f I ^ shrubs,or other improvements or growths shall be constructed or placed upon,over,or across the easements and right-of-ways as shown. Said utility easement being hereby reserved for the mutual use and accommodation �\tr / �, of all public utilities desiring to use or using same. All and any public utility shall have the full right to remove CAPPED W -- and keep removed all or parts of any buildings,fences,trees,shrubs,or other improvements or growth which �P�yP /�^�� R.ern NUMBER DIRECTION DISTANCE may in any way endanger or interfere with the construction,maintenance,or efficiency of its respective system .gyp.!?� 5�/`titi / Qi�' L1 5 47'Sg'08"W 36.00' on the utility easement and all public utilities shall at all times have the full right of ingress and egress to or o7��rS* %,4 / U from and upon the said utility easement for the construction,reconstruction,inspecting,patrolling,maintaining, L2 N 03_58 53-E Milill and adding to or removing all or art of its respective systems without the necessity at an time of eoeS��S �,'/��l 06 S E�In g g P P Y Y Y Procuring I o`\P-5: 3�,/ ,� /,, I c, L3 N 84 26'48' E 1 10.10' the permission of anyone. y0 /, W L4 N 03 58'53"E I ,, ,,,, c3;, ® WITNESS MY NAND this day of 2004. / shoh LOT BLOCK 2A I p NUMBER is CD^ R' L' LC' 0 UT1Ln E4SEMENT 25' / 14,833 S C1 46.54'04- N 27.25'55-E 40.00 32.74 31.84 '36 005« SDK S 0.340 ACRES I C2 42'09'S2" N 29'48'01"E 40.00 29.44 28.78 _..-._ -- -„6 SETBACK_ / Q'-J. Steve Reid C mat LON rND C3 75.43'43- N 46.34'56-E_ 35.00 46.26 42.97 sjn°rtirND _J�_ �7°15'14" N 17'36'30"E 20.00 9.51 9.42 -____tcoMrROL NON 7 84.50" r"-"-' --- ._ ®` -- STATE OF TEXAS () "_3'58'5 - CS 46'54'04" N 27'36'30"E 20.00 9.51 19.90 130.50' COUNTY OF COLLIN 0 N 85'58'S8"W C6 45.28'30- N 28.08'42-E 25.00 19.84 19.33 215.00' rxoar roN rND C7 79.02'21- N 4,55'37-E 50.00 68.97 63.63 BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas, POINT OF C8 31'O1'31" N 68'S6'02"E 20.00 10 83 10.70 on this date personally appeared Steve Reid,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that BEGINNING C9 108'G7'OS" S 64°23'51' W 20.50 38.68 33.19 he executed the same for purpose and considerations therein expressed. C10 4032'38 +J 64:23:51::'NW 5.00 38.68 33.1 t W. F M C1 1 73°23021 5 14 12 41 W 2.50 26.24 24.49 GIVEN UNDER MY HAND AND SEAL OF OFFICE,THIS____day of _______ ,2004. HIGHWAY N0. 544 (120' R.0.W. Notary Public for the State of Texas My Commission expires "Recommended for Approval" Date:-----------___---- SURVEYOR'S CERTIFICATE Chairman,Planning&Zoning Commission City of Wylie,Texas KNOW ALL MEN BY THESE PRESENTS: THAT,I,Donald J.Jackson,do hereby certify that[have prepared this plat from an actual and accurate "Approved for Construction" survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the Platting Rules and Regulations of the City of Wylie,Texas. ----- Date'------- Mayor,City o[Wylie,Texas Donald J..Jackson Registered Professional Land Surveyor No.3949 "Accepted" STATE OF TEXAS () COUNTY OF COLLIN 0 Dale: Mayor,City of Wylie,Texas BEFORE ME,the undersigned authority,a Notary Public in and for the State of Texas,on this date personally appeared Donald J.Jackson,known to me to be the person whos e is subscribed to FINAL PLAT the foregoing Instrument and acknowledged to me that he executed the same for the purpose and The undersigned,the City Secretary of the City of Wylie,Texas,hereby certifies that the foregoing final plat consideration therein expressed and under oath stated that the statements in the foregoing certificate THE AMERICAN NATIONAL of The American National Bank Addition No.2,an addition to the City of Wylie was submitted to the City are true. Council on the __ day of 20_____,and the Council,by formal action,then and there accepted GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ _da.y of_ ,2004. BANK ADDITION NO. 2 the dedication of streets,alleys,parks,easements,public places and water and sewer lines as shown and set forth in and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by E.C.DAVIDSON SURVEY,ABSTRACT NO.266 signing his name as hereinabove described. CITY OF WYLIE Notary Public for the State of Texas COLLIN COUNTY,TEXAS Witness my hand this day of .A.D.,2004. My commission expires PREPARED:MARCH 22,2004 City ec ty SWretaryylie,Texas OWNER: AMERICAN NATIONAL BANK 0 u 2 I P u 1 Ci of D 301 S.HWY 78 MAR 2 4 2004 WYLIE,TEXAS 75098 972-442-6565 ill NOTICE J 13y Selling a portion of this addition by metes and bounds is a violation of City Ordinance SURVEYOR: JACKSON&ASSOCIATES LAND SURVEYORS,INC. and State Law and is subject to fines and withholding of utilities and building permits. JOB NO.718-99-0101 2600 W.F.M.RD.544 DWG NO.7180101.DWG WYLIE,TEXAS 75098 972-442-4045 City of Wylie Public Hearing Item No. 1 Rezoning 04-04 Carlisle Tract, 901 & 903 W. Kirby St. Planning and Zoning Commission Meeting: April 6, 2004 Owner: Carlisle Coating &Waterproofing, Inc. Applicant: Ken Sargent Location: South of West Kirby Street, west of State Highway 78 Existing Zoning: Community Retail(CR) District Requested Zoning: Planned Development (PD) District for Mixed Commercial Uses Summary: The subject property totals 6.2 acres in two tracts under single ownership, although in has never been platted. Tract 2 contains 4.9 acres to the rear(south) of the property, and is occupied by the facilities constructed for the previous operations of the Carlisle manufacturing company. Tract 2 includes a masonry/metal building of approximately 41,000 square feet and the wood office building of approximately 6,000 square feet, and the remainder of the site is largely paved with concrete and asphalt. Carlisle relocated to a new site in 2001 and the subject facilities have been vacant since that time. Tract 1 (1.3 acres) fronts W. Kirby and has never been developed. The subject property was rezoned from Industrial (I) District to Community Retail (CR) District with the adoption of the revised City-wide Zoning Ordinance in November of 2001. The Community Retail (CR) District permits more intense commercial uses providing comparison shoppers and consumers goods, as well as lighter convenience retail, personal services and offices. However, the CR District permits few industrial and manufacturing or wholesale and distribution uses as has been the historic use of the site and is proposed by the Planned Development District. 04-04, Carlisle Tract PD The subject property is located within Wylie's planned new central business area, which is in the process of converting to commercial uses from the previous Industrial zoning. Abutting properties to the west are occupied by the new Albertsons and Home Depot retail center, and the new CVS Pharmacy is to the east across an undevelopable drainage channel and the railroad corridor. Properties to the north across Kirby are zoned Corridor Commercial (CC), and are largely developed in a variety of commercial and light commercial uses under the previous Zoning requirements. The proposed Planned Development District envisions subdividing the subject property into at least two separate lots, which differ from the previously described ownership tracts. New Tract A, a 2.3 acre lot fronting Kirby, will be developed at a later time for as yet undetermined commercial and retail uses similar to those developing in the vicinity. Tract B is 3.9 acres and will immediately utilize a portion of the existing Carlisle facility for a light assembly and distribution use (the fabrication of residential shutters), and ultimately lease the remainder of the building to other compatible commercial/retail or light industrial uses. Industrial uses such as assembly and warehousing are not allowed within the current CR District. The applicant reports that limited improvements will be made to the Carlisle facility to accommodate the initial use, but will include restriping the parking and painting the building. The detached office building will likely be removed. Public Comment Forms were mailed to eighteen (18) property owners within 200 feet of this request as required by State law. No Comment Forms have been returned at time of posting. Issues: 1. The adopted Comprehensive Plan recommends that the subject property be developed as a Business Center, accommodating diverse commercial uses and clean light manufacturing. The Planning and Zoning Commission is in the process of reevaluating the Comprehensive Plan, but has endorsed a similar philosophy for the subject area, located at Wylie's most significant street intersection, becoming the community's new central place and major shopping and employment area. The proposed rezoning, limiting additional uses to commercial and light industrial/distribution which allow no outside storage, is in general compliance with this recommendations of the Plan. 2. The stated purpose of a Planned Development District is to permit flexibility and innovation in the use and design of land and development. The proposed PD allows some limited additional uses not currently allowed by the standard requirements of the Zoning Ordinance, which are believed to be compatible with the intensive commercial intent of this new central shopping and employment area. The proposal provides for use of an existing facility which has been vacant and deteriorating for nearly three (3)years, and in turn provides added public revenue. 04-04, Carlisle Tract PD 3. The property has never been platted, and a plat must be approved by the City and filed with the County as an official lot of record prior to issuance of a Certificate of Occupancy for the existing Carlisle building on the new Tract B. The remaining Tract A fronting Kirby must be platted prior to issuance of building permits on that area, as either a single or multiple retail lots. 4. In its current state, the new Tract B, the old Carlisle operations, is classified as a "legally nonconforming" structure. That is, it was legally constructed under the provisions of a previous code but does not now conform to the regulations of the current code — and a change in code requirements cannot render a structure illegal. It is the intent of the Zoning Ordinance that legally nonconforming structures be permitted to continue but that they not be encouraged to survive in their nonconformity nor to be expanded. Such nonconforming structures may continue to be used until and unless they have been abandoned for a period of six (6) months (defined as the termination of City utilities) or are to be expanded or structurally altered in excess of fifty percent (50%) their floor area or if damaged by an"act of God" in excess of seventy-five (75%) of their reasonable value. The Carlisle structure has never been abandoned as City water has never been discontinued, and the PD does not propose to expand the land or building but to utilize the facility as is (but for uses which are currently not permitted within the CR District unless and until the Conditions of the PD are approved). 5. The proposed utilization of the Carlisle building as light assembly will require the provision of 62 parking spaces, at the required ratio of one space for each 500 square feet of building area. These spaces must be properly stripped, with service isles and fire lanes, prior to issuance of a Certificate of Occupancy for the initial user of the building. Any future use of the building for retail uses will require as many as 150 parking spaces, at the retail ratio of one space for each 200 square feet. Tract B contains sufficient area to accommodate these parking requirements. 6. Recent requests by private telecommunications companies, have revealed a need for a telecommunications tower and antennas in the immediate proximity of S.H. 78 and F.M. 544 to assure uninterrupted service along these regional traffic corridors. Such towers are allowed within the Community Retail District with an approved Special Use Permit. This Planned Development District provides that such towers may be developed by right on the rear of Tract B with no further review or SUP. The tower and its ground-level equipment will be partially screened from view from F.M. 544 by the large footprint buildings, but is likely to remain visible from S.H. 78 across the rail corridor unless provided additional screening. This site was proposed by Commissioners to a cell phone communication provider during recent deliberations concerning a nearby tower site. 04-04, Carlisle Tract PD 7. As submitted, the Development Plan does not require improvements of the existing site or building of the old Carlisle facility within the new Tract B, but envisions their utilization as they are currently developed. Such maintenance cannot be required of a legally nonconforming use which has not been abandoned or is not to be expanded. 8. Site Plans must be approved prior to issuance of any building permits on new Tract A. All improvements on this site must comply fully with the requirements of the currently-adopted Zoning Ordinance. 9. It is also the expressed intent of the Zoning Ordinance that nonconforming structures such as the old Carlisle facilities be brought into compliance as much and as soon as possible with the current code regulations and be allowed to continue indefinitely in their nonconformity. The requested Planned Development District allows the City to require measures which will at least reduce if not eliminate completely the nonconformities of the existing development. The PD proposes to provide limited improvements to the property and structure and will therefore continue indefinitely the nonconformity from the current Zoning requirements in the following ways: Development Current Requirements is Existing Conditions Item of the Community Retail District of the Carlisle Site&Building Building Footprints No larger than 20,000 sq. ft. 41,000 sq. ft. in main building& 6,000 sq. ft. in office building Parking Placement To the side and rear of buildings Most of parking in front Access 24 ft.,w/separated median when 25 feet,no median Drive serving larger than 30,000 sq. ft. Loading&Service Not visible from street or screened Facing street(may be somewhat Areas with masonry wall screened by buildings in front) Parking Concrete paving, Deteriorating concrete,no striping w/ 10'x 20' spaces of spaces or fire lane Landscaping of Site 10%of site,also w/in side&rear None,except limited lawn in rear Landscaping of 50 sq. ft.per space,all spaces win None Parking 60 ft., landscaped islands Landscaping 50%of front,w/in 10 ft.strip,w/ None except front lawn to be given at Street trees and 5 ft. sidewalk to other lots,no sidewalk Building 100% 31,000 sq. ft.Masonry and Facade Masonry 10,000 sq. ft.metal additions Roofs Pitched greater than 2:12 Flat Mechanical Roof-mounted,and screened from Roof-mounted but visible at street, Equipment view of street Some ground-mounted in front Building Design Compatible w/surroundings Not compatible w/new masonry& articulated retail to west 04-04, Carlisle Tract PD Staff Recommendation: Denial The proposed uses for the property (including the added light assembly and distribution) are compatible with both the existing older and newer neighboring uses and the recommendation of the Comprehensive Plan that this area transition to the City's commercial center. However, the existing structure and site development do not comply with the current regulations of the Zoning Ordinance nor with the planned image of this area becoming the new central place of Wylie, and the applicant has indicated no agreement to include within the PD any improvements to the facilities toward achieving such compliance. Attachments: Location Map Conditions for the Planned Development District Development Plan Site Photographs Notification List and Map iiiii ! „ , ,z , 1 !:1101 Iii, ro,.... _;„Iv , 1 , , .4 Irrn ! ...: ratir El . 1 1 1 I i 1 4 _1 L VP.notiiiiill • 1.1. LIEUNII mu r1 r:.II , Subject ..ai-.1t.r,ae_t alli:ltZ VeiI'.i.mIma..,y.t.Pno.w,,O:... IIIOa• . - z -= I2ETa-.:__ • -. . III �IIIIIIIIII0 • -!�,.W..........L#.......4.....4....1.1 wi / Property ;..,..1... •I•tt..N . •�• ►: lit'WM •t/Iin ES 1�111_IuNt111gr11� L� " nmlm, _.riumweium -Iv -N i'S% . I. ' , o - - 5 �R w1= l---' • . ! 1 1E111 al i : : A I > Wi=IN lam li 1 i---i ) 1 Nat I. '---\ Egli!. EE • -stimuli.. AtltGn _a m awn *met ar �; €5 --,t . 4,1, -{ 1 iii WO •. MUM e ___ g eo; • �; • ..l•.,,,. w,id. I I rT11'IRIn1110n1O D 1 Y • ■ LUliiiWllIInlmnnuin111".• • 111111 ,t' I 1111 1111 1111 p mun11111n1m1 :: • 1_,..,. 01111111 g•i. • r..--.- — 1: .I/1uil 1 lifil - --- 11111111111 1 t ' MI m ! it m' 'N I I lllnnn 1777]r II i/ - �: `1t (Illllll111/II�IIIII/ yT/, - �._) 1-` III 1 ;117 , 111 t npnn . ;j ? ' ".* �` --,- •,,', i LOCATION MAP ZONING CASE #2004-04 Exhibit `B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT 901, 903 w. Kirby Street, Wylie Texas ZC 2004-04 General Conditions 1. Purpose: The Owners recognize the priority of Community Retail to the area. As well as the continued utilization of the existing Carlisle Coatings and Waterproofing facility. 2. This Planned Development district shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 3. The entire site will comply with all regulations of Community Retail as set forth in Section 4.1.b and Sections 5.1 and 5.2 of the Zoning Ordinance(Adopted February 7, 2002)which are included by reference and shall apply except as provided herein. Special Conditions The property shall be configured into two separate parcels. 1. Tract A: The frontage parcel along FM 544 will measure approximately 2.3 acres. a. The following uses shall be permitted: 1. All uses as permitted within Community Retail as shown in Section 5.2. 2. Financial Institutions with Drive-through, without SUP, Restaurants with Drive-in, Drive Through or Carry Out Service, without SUP. 3. Mini-Warehouse/Self-Storage Facilities, without SUP. b. Development shall comply with all requirements of the Zoning Ordinance in effect when the property is platted. c. The tract shall be platted prior to the issuance of any building permits. Approval of a site plan shall be required with the platting process. 2. Tract B: The remaining approximately 3.9 acres to the south of Tract A. a. The following uses shall be permitted: 1. All uses as permitted within Community Retail as shown in Section 5.2. 2. Other permitted uses shall include general office, warehousing, light assembly, distribution, painting, storage and woodworking, which has been the entire property's use for the past several decades. 3. Telecommunications tower and antennas shall be allowed without SUP, and be located to the extreme south of the property, when complying with all other regulations of the Zoning Ordinance. b. Development shall comply and be maintained to the requirements of the Zoning Ordinance in effect when the facilities were initially constructed (adopted May 7, 1985 as amended thru 2000). c. The attached Development Plan shall serve as a preliminary plat. A final plat must be approved by the City and filed with the County prior to the issuance of a Certificate of Occupancy. EXHIBIT D.i ---,— — — r ,,,,,,• .:sue.A...,•J o . "-vow-. d •0•/9'99-7=- -----_ R •sac's& _ R •56C9.SB• F. M. Ri o.QO NO. J`Q4 •/ • T • 99.PS' �T •//.ZS'. 1• ul 020' R.0.t✓) [ • /9aae' L •z1.s/ Lv Place O!6eq:nn:ng (� N B9'3G'JD'E JIS.75; i +, + Tiaci JI 1\ N8B•09.•y0'!./ •— 60.03 \ ..P/dce �! \! Tiac I A 0 P/aceQ/ Comte m Tac ..- K. , 11 N�� r TRAM LZ • t -Q - W 13405.Acres ,4 , "�� /Ve Y /i� i h . k y ti Z3— . Ac . q. co, nB .3-GI ' --- zac.or i.•:.v-.. hv• ep 2: /-Act• " I ' ," -a` �'6,07 • pP () J W I Q6)cam/e: / •CO' ;` ! • • • SMNININ • • 4i 0 • aro•,e_/f __.ACT _ ti' a r 1.667, Acres �,} + P PY�z;y. . O ar 9, • ( oU710 r3/ I`.. e \ , E r J-STORY ., f MASONRY B(pb ` S BTSO. "E '•) Tt ,w7R4 .4 • 8 /.. 7. /- ^ypg� v tl�. .1 A.e• .,4. 5 \ ii xrao ,a c— Old li . cc," \ :. �,• 30 i• ..A 4 ,L:3 • .1 .oa ,•• , C i F� • i L'..ksil. / 0 o % o 0, NOTIFICATION REPORT APPLICANT: Ken Sargent APPLICATION FILE #2004-04 12045 Currency Circle Forney,Texas 75126 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 12045 Currency Circle 1 Ken Sargent Forney,Texas 75126 Greenway Addn 2808 Fairmount St.,Ste. 100 2 BIkA Lot 1 R-8110-00A-0010-1 Greenway-Wylie Ratail LP Dallas,Texas 75201 Greenway Addn 250 Parkcenter Blvd- PO Box 20 3 BIkA Lot 2 R-8110-00A-0020-1 Albertson's Inc. Boise, Idaho 83726-0020 Greenway Addn Home Depot USA Inc. PO Box 105842 4 Blk A Lot 3 R-8110-00A-0030-1 Property Tax Department Atlanta,Georgia 30348-5842 Kirby 78 Addn Duda Ceevees-W, LP 1975 W. State Road 426 5 --- Lot 1 R-4903-000-0010-1 c/o Duda &Sons Inc. Oviedo, Florida 32765 544 Industrial Park 2820 E. Stone Street 6 Blk 2 Lot 1 B R-2000-002-001 B-1 James Cooper Wylie,Texas 75098 Wallace Industrial 9308 Indian Knoll Drive 7 Blk 1 Lot 1 R-1897-001-0010-1 Dallas Whirlpools Ltd. McKinney,Texas 75070-4912 Wallace Industrial PO Box 1090 8 Blk 1 Lot 2 R-1897-001-0020-1 Mary Pilkington Wylie,Texas 75098 2808 Fairmount St., Ste. 100 9 Abst 267 Tract 4 R-6267-000-0040-1 Greenway-78 LP Dallas,Texas 75201 427 W. 12th Street 10 Abst 267 Tract 34 R-6267-000-0340-1 Kansas City Southern Railway Kansas City, MO 64105-1403 900 Hensley Lane 11 Abst 267 Tract 42 R-6267-000-0420-1 Hardcast Inc. Wylie,Texas 75098 900 Hensley Lane 12 Abst 267 Tract 43 R-6267-000-0430-1 Hardcast Inc. Wylie,Texas 75098 427 W. 12th Street 13 Abst 267 Tract 76 R-6267-000-0760-1 Kansas City Southern Railway Kansas City, MO 64105-1403 604 W. Lookout Drive,Apt. 228 14 Abst 266 Tract 3 R-6266-000-0030-1 Chemical Recycling, Inc. Richardson,Texas 75080-2158 639 Treasure Road 15 Abst 266 Tract 4 R-6266-000-0040-1 Hobart Industries, Inc. Garland,Texas 75041-2947 2000 Hwy. 78 North 16 Abst 820 Tract 11 R-6820-000-0110-1 City of Wylie Wylie,Texas 75098 Collin County 210 S. McDonald Street 17 FM 544 Commissioner's Court McKinney,Texas 75069 Bill Lovil, PE PO Box 90 18 SH 78 Texas Dept of Transportation McKinney,Texas 75069 i I I , 3 , I 9 i 0 It 12 I (I) II 0 I 61144 (041(•1 5.f1(‘I'C(•1 ICD- 11111 r----- I I III LO1 IA 19‘t.rk, E 4. 2_1 (e, ' 2(i& A . -40 1 C) , E 7-t- 11-1- t.eti 1 fr I -err ti oili 1 'P. o• I i2- 9{'), 9 - 5 002 800 , .., .. ,_ \ ,,,,,,.4," - ,. . ., - ,,,-,:!-;-,:.;,ittit! 02t)ir)iissio,;/,' s ________________. __, • ___ ___ _ _ A • A. 26,-7,-' t i 75c , . , -,--1-;' t 1< irbt I/7g, deln 1_0-f I , rr CVS Pharmacy , f••— ,I.,,%& bf -., i ef # t)0 ,o 7,),1 .,.„- i i#- \ . (l) . - ... , (), , LOF 3 ' ' ,-,• ' ' -.., ,•,-,,,-,--; , 3 / it..,, 2oo ' 4 A 1 / .. . AA 4F -----------1\ \\4 1 .31,41P i 1 k8101 1 1 /. , z• t. 1111 < e AS 36 52 04/06/04 TUE 16:27 FAX 972 419 4099 MILLER COMPANIES fj001 Thomas G.Grunnah Associate AN HENRY S. MILLER COMMERCIAL Investments/Land Division 1100 Providence Towers West Since 1914 500i Spring Valley Road Dallas,TX 75244 Phone(972)419-4000 Direct(972)386-1405 Fax(972)419-4098 E-Mail:tgrunnah®benrysmiller.com April 6,2004 WebPage:www.henrysmiller.com To: Claude Thompson City Planner City of Wylie From:Tom Grunnah Henry S. Miller Commercial VIA FAX#972-442-8115 RE: Rezoning of Carlisle property(903 W. Kirbyl As representative of the Carlisle property and agent of the potential owner, Ken Sargent,of a portion of the property we are requesting the withdrawal of the request for rezoning of the property at this time. Please call me at anytime with questions regarding this matter. Thank you. •TC N WORLDWIDE AFFILIATED COMPANIES:HENRY MILLER COMMERCIAL,REALTORS I HENRY S.MILLER DEVELOPMENT GROUP I HENRY S.MILLER INVESTMENT GROUP I HENRY S.MILLER CAPITAL MARKETS GROUP I MILLER ADVISORY GROUP/MILLER GOLF GROUP ' t- i , f Our Mission.. ' ' .to be responsible stewards of the public trust, to strive for excellence in public service,and ;_per 11 ' to enhance the quality of life for all. `cit c ' - - : 1 -rrl April 6, 2004 TO: Members of the Planning and Zoning Commission THRU: Mindy Manson, Acting City Manager FM: Claude Thompson, Planning Director RE: Results of Customer Service Satisfaction Survey "Striving for excellence in public service" is the stated mission of the City of Wylie. Toward the goal of improving the quality of services which we deliver, the Planning Department surveyed its customers in March. The following summarizes the results of that inquiry. SUMMARY A questionnaire was mailed to 115 contacts who utilized some service of the Planning Department during 2003. Thirteen (13) responses were received, representing a response rate of 11.3%. Although this level of return was somewhat disappointing, it is believed sufficient to be representative. Four responses were returned by fax and the remaining nine were mailed, suggesting that response might be improved by enhanced opportunities for return (such as enclosing postage-paid envelops or using e-mail questionnaires). An average of 78% of the responses rated the services provided by staff as "excellent", and an additional 15.3% rated staff services as "good". One respondent (who required annexation, rezoning and platting but withdrew the application before even annexation was heard), representing 3.4% of the total responses, rated staff services as "poor". "Courtesy" was the highest rated attribute of staff(83.3% "excellent" rating), while "attitude" and "knowledge" were rated lowest. Just less than 20% rated "promptness" as "good" or "fair". Publications, including application forms and planning reports, were rated "excellent" by an average of 71.4% of the total respondents, or slightly lower in customer satisfaction than did staff services. "Knowledge/completeness" was the major complaint against the planning documents. Of the application process, deadlines and schedules received the lowest scoring and the most "least satisfactory" ratings. Staff assistance and the application forms ranked higher than did the Planning and Zoning Commission in the application process questions. PLANNING AND ENGINEERING 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 • www.ci.wylie.tx.us a4 P&Z Memo 4-6-04 Service Satisfaction Survey Page 2 of 2 AREAS FOR IMPROVEMENT These responses indicated two general areas where the current quality of services can be made better: promptness of review/approval for applications and consistency of advice and decisions. Both of these issues have been previously recognized by staff as requiring improvement, and additional work is obviously needed in these areas. 1. Timing: State law establishes clear limitations on the time which municipalities may take to review and act upon private development applications, and respondents cited the time and its related cost as a supposed weakness in Wylie's development review/approval process. The Planning staff has consciously attempted to reduce the time required by the process, and has made significant reductions in recent years (through additional staff and streamlining the activities). However, applicants share this responsibility and must submit complete and correct applications, as staff no longer accepts partial submittals. Staff will continue to schedule applications as tightly as feasible to assure that review and consideration is completed in the most expeditious manner feasible. 2. Consistency: Some respondents indicated frustration for the differing understanding and opinions expressed by staff, Commission and Council, often interpreting the multi-level process as confusing or unobjective. However, although State law reserves all final decisions of platting and zoning to the Council, it also allows review of the advisory P&Z Commission for the very purpose of broadening the review process. All planning items must be"open to public review-and comment, and all zoning issues must include public hearinbk Of 19 zoning cases cdered during 2003, the Commission and Council disagree&bny2cases, which_reflects remarkable agreement and consistency. This charge is increasingly important and must be guarded against because courts consider the "character (ie; attitude, intensions, fairness) of the governmental action" in evaluating land use litigation (quoted by the Texas Supreme Court in Sheffield vs Glenn Heights repeating US Supreme Court in the Pen Central vs New York). More explanatory staff reports and more frequent joint work sessions of Commission and Council will enhance consistency. ATTACHMENTS Compilation of Results Survey Responses Transmittal Letter Customer Satisfaction Survey Customer Service 13 responses of 115 surveys mailed out. Staff Members Excellent Good Fair Poor Availability 9 2 1 Courtesy 10 2 Attitude 9 2 1 Knowledge 9 1 1 Promptness 9 2 1 Publications Excellent Good Fair Poor Availability 8 2 2 Courtesy 8 1 2 Attitude 8 1 1 Knowledge 8 3 1 Promptness 8 1 2 Application Process 11 Responses of 115 Surveys mailed Accurate Thorough Understandable 4 being most satisfactory 1 2 3 4 1 2 3 4 1 2 3 4 Quality of Staff Assistance Technical Requirements r,17; 1 0 4 5 , 0 1 3 4 g' a 0 0 2 6 r' Submittal/Review Procedure$ 1 0 2 8 I 0 0 3 8 Deadlines and SchedulesL 2 0 2 7 ¢' 0 0 2 7 {�� Meetings and Corresponden ., 1 0 3 7 ,,, � 0 0 2 7 =.. ' ,,-. ' 0 0 2 7 4.0_��Y� ,.� . 0 0 2 7 ,„r, Quality of Application Form Clarity of Instructions _ ,: 1 0 0 10 * 0 0 0 9 0 0 0 9 4t { ,. c Appearance , E -4 1 0 1 9; 0 0 0 9 , 0 0 0 9 4- Completeness ry 1 0 0 9 fr 0 0 0 8 F<: 0 0 0 8 ;4=x_ Quality of Planning and Zonrpg Promptness of Review m "' 1 0 2 7 0 0 2, 6 ,�r 0. 0, 1 71 .' ^h`I Objectivity of Review 1 01 7 f' 0 0 2 5 0 0 1 6 + l � ��' r.mown Clarity of Decision .�,� 1 0 2 7 , 0 0 2 6 0 0 1 7 01/26/1994 20:49 9724239618 FAITH LUTHERAN PAGE 01 922 W2 CUSTOMER SATISFACTION SURVEY WYLIE PLANNING DEPARTMENT Respondent Name and Phone. /C4-1 lr C f•{tI/LGG4 —lUgL -- (Optional; Although we can respond to your specific comments only if we know how to contact y y directly, you may remain anonymous.) /i• r 444. I : y � A " A, CUSTOMER SERVICEj gip 1. Please rate the quality of service you received from any staff member(s)with whom you had contact. Excellent Good Fair Poor Availability Courtesy 1/ Attitude Knowledge Promptness 2. Please rate-the service you received from the publications (other than application forms)which you used during the application process. Excellent Good Fair Poor Availability Courtesy Attitude t/ Knowledge t/ Promptness ✓ 3. How can we improve our service to customers like yourself? (f _ alliedra��.crQ r-et.err.4 fib o o 1Q L *" f rc►.,Q Pest, r;' 7 13 b O r+ 1' �1'1 � O � w✓. . na,..,... U•., Please aneaer the queatiau on the reverse ride o thus ahcatas well. �'ipt.:1. / O 0 o37 'l.tiy in., 74, 0 S —60 3 01/26/1994 20:49 9724239618 FAITH LUTHERAN PAGE 02 B. APPLICATION PROCESS Please rate your satisfaction concerning the Accuracy.Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went through during your request for a tuning change or specific use permit by assigning a numerical rating of 1-4,with 1 representing the least satisfactory and 4 being the most satisfactory(you should have a number in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements 1 2 3 c. . 1 2 3 ga, 1 2 3 2 b) SubmittalReview Procedures 1 2 3 ,s 1 2 3 ® 1 2 3 'A c) Deadlines and Schedules 1 2 3 1 2 3 ® 1 2 3 d) Meetings and Correspondences 1 2 3 1 2 3 4C. 1 1 2 3 2) Quality of Application Form concerning: a) Clarity of instructions 1 2 3 ® 1 2 3 (4) 1 2 3 b) Appearance 1 2 3 1 2 3 1 2 3 LP c) Completeness 1 2 3 CO 1 2 3 0 1 2 3 (13 3) Quality of Plgnning and Zoning concerning: a) Promptness of Review 1 2 3 ® 1 2 3 1 2 3 Cl..) b) Objectivity of Review 1 2 3( j 1 2 3 e 1 2 3 4' c) Clarity of Decision 1 2 3 (P 1 2 3 12 3 WJ 4) How can we improve the review and decision process? Mar-10-04 01:07pm From- T-234 P 003/004 F-418 pit vtS5 U . CUSTOMER SATISFACTION SURVEY oty gym. WYLIE PLANNING DEPARTMENT �y Respondent Name and Phone: ekv �S ifs it/1Ai 772-770`9 3 (Optional: Although we can respond to your specific comments only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s)with whom you had contact. Excellent Good Fair Poor Availability ✓ W Courtesy ✓ Attitude t/ Knowledge Promptness 2. Please rate-the service you received from the publications(other than application forms)which you used during the application process. Excellent Good Fair Poor Availability ✓ Courtesy Attitude ✓ Knowledge Promptness 3. How can we improve our service to customers like yourself? Please answer the questions on the reverie side of this sheet as well. Mar-10-04 01:07pm From- T-234 P 004/004 F-418 Mar08-04 02:3fi i Fran- T-1T8 „M` vy P.007/002 F-301 Date h.iy A Ot pages i 1�`^�'k'L y �i`J�pA/ To From �, Co,r00p�, Ca WA, Phan9fi M � Pnonee0" B. APPLICATION PROCESS Fez'1. •' Fax _ 1 lat your :•••• ..,,- '••i. •tbel racy,Ibertugbaess,eae bt d s'; " � deCL4QG' .x!Oyent during Gf caC21 treat f r a aord g ebaa or specibc use pcnf by ayIoast sour aw for a and 4 $ rat�g of 1�wnh i rqm t�>�satisfactory and 4 being the mon sattafactggy(you should have a nvsubcr in each box—or NO for"Na Opfalnn") • • Accurate Thorough Understandable 1) Quality of assistance concerning: a) Terhojcal Requirements qPi 1 2 3 4 1 2 3 4 1 2 3 4 . . • . - .b)• Submittankevie ,Procedures 1 2 4, 1 2-E4 I. . 1 24 4• • c) Deadlines and Schedules 1 2( 4 1 2 3Q 4.. 1 234 d) Meetings and Coriespotidences 1264 1 2Q 4 1 20 4 2) Quality of Aptlicatlo concerning: �L a) Clarity of Instructions 1 2 31(212 3( 1 2 3 0 b) Appearance 1 2 3( 1 2 3'a��"" 1230 c) Completeness 1 2 3 3 2 16' 1 2 3/4 3) Qom'of naming and 2onitt ti �/ a) Pronsuooesa of Review 1 2 3 4 1 2 3 4 1Z34 b) Objectivity of Review 1 2 3 4 1 2 3 4 1 2 3 4 c) Clarity of Decision 1 2 3 4 1 2 3 4 1 2 3 4 4) How can we improve the review and decision process? 03/04/2004 16:35 9724423831 J. ROSS STOOKSBERRY PAGE 01 Li/1Y/11:Wvi. pOSTFOMER SATISFACTION SURVEY WYLIE PLANNING DEPARTMENT Respondent Name and Phone: J,1ss 56,04ry ,ppf (Optional: Although we can respond to your specific comments only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s)with whom you had contact. Excellent Good Fair Poor Availability ✓ Courtesy Attitude ✓ Knowledge Promptness 2. Please rate the service you received from the publications(other than application forms)which you used during the application process. ExcInt Good Fair Poor Availability Courtesy t/ Attitude o/ Knowledge f Promptness ✓ 3. How can we improve our service to customers like yourself? r rime answer the questions on the reverse aide of thie sheet as welt. 03/04/2004 16:35 9724423831 J. ROSS STOOKSBERRY PAGE 02 B. APPLICATION PROCESS Please rate your satisfaction pone the Accuracy, playersPe or elements of the application and Thoroughness and Understandability of each of the following hange or sing decision process which you went through d n pecific use permit by assigning a numerical rating of 1-4,with 1 representing th your request fora and being the most satisfactory(you should have a nwnber in each box—or NO forOpinion"),�"Not l satisfactory and 4 Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements l 2 3 t' 1 2 3 1 2 3fR b) Submittal/Review Procedures I 2 3 0 1 2 3 123 ® c) Deadlines and Schedules 1 2 3 1 2364 123i, d) Meetings and Correspondences 1 2 3 ( 1 2 3 1 23(Y 2) Quality of Apiagition port))concerning: a) Clarity of instructions 1 2 3if 1 230 1 2 3 b) Appearance 1 2 3 cy 1 2 301 1 2 3 # c) Completeness 1 2 3 to 1 2 3 01 1234J 3) Quality ofglanning and nino concerning: a) Promptness of Review 1 2 3 49 1 23 eP4 1 2304 b) Objectivity of Review 1 2 3 d 1 2 3el 1 2 3dr c) Clarity of Decision 1 230 1 236) 123 4) How can we improve the review and decision process? ri(Ictlyofwyfie CUSTOMER SATISFACTION SURVEY WYLIE PLANNIN DEPARTMENT Phone: S( jC, ,f�l� R7Z" q7/ oIL L.Respond (Optional: Although we an respond to your specific comments only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s) with whom you had contact. Excellent Good Fair Poor Availability 1/ Courtesy V _ — Attitude Knowledge Promptness 2. Please rate the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair Poor Availability ✓ Courtesy ✓ Attitude , Knowledge ✓/ Promptness V 3. How can we improve our service to customers like yourself? Please answer the questions on the reverse side of this sheet as well. B. APPLICATION PROCESS Please rate your satisfaction concerning the Accuracy. Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went through during your request for a zoning change or specific use permit by assigning a numerical rating of 1-4, with 1 representing the least satisfactory.and 4 being the most satisfactory(you should have a number in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements 1 2 3 4 1 2 04 1 2 3 b) Submittal/Review Procedures 1 2 3 (-3 1 2 3 Q_ 1 2 3 c) Deadlines and Schedules 1 2 30„. 1 2 3 a, 1 2 3Q, d) Meetings and Correspondences 1 2 30 1 2 3 1 2 A. 2) Quality of Application Form concerning: a) Clarity of Instructions 1 2 3 9 1 2 3 12 1 2 3 b) Appearance 1 2 30 1 2 3 1 2 3 C) c) Completeness 1 2 30, 1 2 3 ill 1 2 3 3) Quality of Planning and Zonin concerning: a) Promptness of Review 1 2 3 /2 1 2 3 1 2 30 b) Objectivity of Review 1 2 32_ 1 2 3 4. 1 2 La c) Clarity of Decision 1 2 3 a_ 1 2 3 1 2 3 4) How can we improve the review and decision process? . �••�•a8 posT 0 rii CUSTOMER SATISFACTION SURVEY titygWYLI PLANNING DEPARTMENT P Res ondent Name and Phone: / O '� (Optional: Although we can respond to your specific comments only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s) with whom you had contact. Excellent Good Fair Poor Availability 1---- Courtesy t/- Attitude 1/ Knowledge 1.--- Promptness 1.--' 2. Please rate the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair Poor Availability 1/- Courtes V Attitude I., Knowledge ✓ Promptness '. 1 3. How can we improve our service to customers like yourself? A> /C4-4-, 0,4-71A-A----- Please answer the questions on the reverse side of this sheet as well. B. APPLICATION PROCESS Please rate your satisfaction concerning the Accuracti•.Thoroughness and Understandability .of players or elements of the application and decision process which you went through duringeach of the following change or specific use permit by assigning a numerical rating of 1-4, with 1 representing the least satisfactoryand 4 being the most satisfactory'(you should have a munber in each box—or NO for"No your request for a zoning Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements 1 264 1264 123Q b) Submittal/Review Procedures' t 2 3 — 1 2Q- ^— 12 3 (0 c) Deadlines and Schedules 1 2 0 4 1 2 3 1 2 3 d) Meetings and Correspondences 1 2 a 4 1 2 d 4 I23 ® 2) Quality of Application Form concerning: a) Clarity of Instructions 1 2 3 6 1 2 ' ® 1 23e b) Appearance 1 2 3 Q 1 2 3 1236 c) Completeness 1 2 3 2 3 6 1 2 3e 3) Quality of Planning and Zonin concerning: a) Promptness of Review 123 ® 12CP4 1230 b) Objectivity of Review 1 2 3 1 26 4 1 2 3 le c) Clarity of Decision. , i2o01 1230 123 62 4) How can we improve the review and decision process? poSTOP(C4tY of Wylie CUSTOMER SATISFACTION SURVEY WYLIE PLANNING DEPARTMENT Respondent Name and Phone: (Optional: Although we can respond to your specific comtne only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s) with whom you had contact. Excellent Good Fair Poor Availability Courtesy Attitude �. Knowledge Promptness \, 2. Please rate the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair Poor Availability Courtesy Attitude Knowledge Promptness 3. How can we improve our service to customers like yourself? ' 1 Please answer the questions on the reverse side of this sheet as well. B. APPLICATION PROCESS ' Please rate your satisfaction concerning the Accuracy, Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went through during change or specific use permit by assigning a numerical rating of 1-4, with 1 representing the least satisfactory and 4g being the most satisfactory(you should have a number in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: F a) Technical Requirements 1 2 3 4 I 1234I 123 � ;, b\ Sub!r.itta!,rRevie�a Procedures 1 21 n. ' 1 2 3 l 4 i 1 2 314 i c) Deadlines and Schedules 1 2 3 1 4 1 2 3 /4 I , 1 2 314 i j d) Meetings and Correspondences 1 2 3 14 1 2 3 4 i 1 2 3 4 2) Quality of Application Form concerning: �/ II i a) Clarity of Instructions 1 2 3 ,4\\, 1 2 3 (4 � , i i 1 2 3 4,' b) Appearance 1 2 31 4 1 2 3 ` 1 2 3 (4 c) Completeness �\ ' 1 � '\�� 1 2�c 1 2 3 l4 3) Quality of Planning and Zonin concerning: a) Promptness of Review 1 234 : 1 2 / 4 \ 1234 b) Objectivity of ReviewI 1 2'3 4 1 2 4 1 2 3 4 c) Clarity of Decision i 1 2 ,34 ) 1 2 4 / 34___) 4) How can we improve the review and decision process? C �_\, -\. J } ,. I ,N I POSTEDD city aE Wylle CUSTOMER SATISFACTION SURVEY WYLIE PLANNING DE ARTMENT Respondent Name and Phone: )i '. .-2— , - -4,\I-(___- 62(-2A contact you directly,you (Optional: Although we can respond to your specific comments only if we knob how to may remain anonymous.) A. CUSTOMER SERVICE I. Please rate the quality of service you received from any staff member(s) with whom you had contact. Excellent:- Good Fair I Poor Availability ;/�� Courtesy G/ Attitude Knowledge /� i Promptness 1" 2. Please rate the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair Poor Availability Courtesy (//' Attitude i Knowledge Promptness 3. How can we improve our service to customers like yourself? Please answer the questions on the reverse side of this sheet as well. B. APPLICATION PROCESS Please rate your satisfaction concerning the Accuracy,Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went through during change or specific use permit by assigning a numerical rating of 1-4, with 1 representing the least satisfactory and 4g being the most satisfactory(you should have a number in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements 1 2 3 4 1 2 3 4 1 2 3 4 b) Submittal/Review Procedures 1 2 3 4 12 " - ' 4 1 2 3 4 c) Deadlines and Schedules 1 2 3 4 1 2 3 4 1 2 3 4 d) Meetings and Correspondences 1 2 3 1 2 3 4 1 2 3 4 2) Quality of Application concerning: a) Clarity of Instructions 12 3 .0 1 2 3 4 1 2 3 4 b) Appearance I 2 3. 1 2 , 4 1 2 3 4 c) Completeness 1 2 3 e 1 2 3 4 1 2 3 4 3) Quality of Planning and Zonin concerning: a) Promptness of Review 1 2 1 2 3 4 1 2 3 4 b) Objectivity of Review 1 2 3 1 2 3 4 1 2 3 4 c) Clarity of Decision 1 2 3� 1 2 3 4 1 2 3 4 4) How can we improve the review and decision process? � 1 City of Wylie M R SATISFACTION SURVEY WYLIE PLANNING DEPARTMENT Respondent Name and Phone: ,`)'k�) k)�4,l e��1��1 C172 3 j-z yci7)(/03 (Optional: Although we can respond to you specific comments only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s) with whom you had contact. Excellent Good Fair Poor Availabilit v Courtesy ✓- Attitude Knowledge ✓ Promptness 2. Please rate the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair Poor Availability ✓ Courtesy N/A Attitude ✓\!R Knowledge ✓ Promptness Ai/A 3. How can we improve our service to customers like yourself? / . ' )1 i • c , nAJ- .v ' r y �l . ) /f G w_, C . . fL .4 i• Q i" 4. <"- 1" G- J < 1 ) 7 e. /))Ze�r , y e02A. )1' � l u);7. . Please answer the questions on the reverse side of this sheet as well. B. APPLICATION PROCESS Please rate your satisfaction concerning the Accuracy,Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went through during your request for a zoning change or specific use permit by assigning a numerical rating of 1-4,with I representing the least satisfactory and 4 being the most satisfactory(you should have a nwnbcr in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements 1 2 3 6- 1 2 3 g 1 2 3 C b) Submittal/Review Procedures l 2 3 gi7 1 2 3 Q-' 1 2 3 (. c) Deadlines and Schedules 1 2 3 (4' 1 2 3 Cd 1 2 3 4' d) Meetings and Correspondences 1 2 3@ 1 2 3 C 1 2 , g 2) Quality of Application Form concerning: a) Clarity of Instructions 1 2 3 (4-' 1 2 3 (4' 1 2 3 47 b) Appearance 1 2 3 C4, 1 2 3 i 1 2 3 G4� c) Completeness 1 2 364 1 2 3 (4 1 2 3 42 3) Quality of Plannine and Zoning concerning: a) Promptness of Review 1 2 3 (l 1 2 3 C47 1 2 3 ' b) Objectivity of Review 1 2 3 1 2 3 62P 1 23E1; c) Clarity of Decision 1234) 12369 1234) 4) How can we improve the review and decision process? - // ie ! Z. /•cviti f`ciy ;.�y calf'v� i,--fc•-,-l< 7/ -I 0 03/05/2004 11: 16 FAX 214 691 2556 Cambridge 1ft)001 • - dryefWyl, CUSTOMER SATISFACTION rr WYLIE PLANNING DEPAR Respondent Name and Phone: 1.0F141 r 2\4 - i - SC.0 (Optional: Although we can respond to your speei comments only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE I. Please rate the quality of service you received from any staff member(s)with whom you had contact. Excellent Good Fair Poor Availability Courtesy _ __ . - — - Attitude Knowledge • Promptness 2. Please rate-the service you received from the publications (other than application forms) which you used during the application process. 1 Excellent _ Good Fair Poor Availability Courtesy Attitude Knowledge Promptness 3. How can we improve our service to customers like yourself? VI/T- f f7o/P .fegmirl , 0/7 409w(/tom" &L l rr3f)7" teg 3 Pleasc answer the questions on the reverse side of this sheet as wall. Post-it"Fax Note 7671 Date r tPiptg a► To from 1 / L.re r�w4"'� Co./Dept. / Co. Phoney Phone A Fax M �/72•4.1fZ..3/1,o, Fax# Ctty of Wylie CUSTOMER SATISFACTION SURVEY WYLIE PLANNING DEPARTMENT Respondent Name and Phone: t �l ��- - f (Optional: Although we can respond to your specific Comments only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE I t?' iv 1. Please rate the quality of service you received from any staff member(s)with whom you had contact. Excellent Good Fair Poor Availability 'x' Courtesy Attitude Knowledge Promptness 2. Please rate the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair Poor Availability Courtesy Attitude Knowledge • Promptness 3. How can we improve our service to customers like yourself? Please answer the questions on the reverse side of this sheet as well. B. APPLICATION PROCESS Please rate your satisfaction concerning the Accuracy,Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went through during your request for a zoning change or specific use permit by assigning a numerical rating of 1-4,with 1 representing the least satisfactory and 4 being the most satisfactory(you should have a number in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements 1 2(3 4 1 2 (3 4 1 2 (3 4 b) Submittal/Review Procedures 1 2 3%4 1 2 3 (4 1 2 3 (4 c) Deadlines and Schedules 1 2 3'4 1 2 3 4 1 2 3 4 d) Meetings and Correspondences 1 2 3; 4 1 2 3(4 1 2 3 (4 2) Quality of Application Form concerning: a) Clarity of Instructions 1 2 3(4 1 2 3 (4 1 2 3 4 b) Appearance 1 2 3 4 1 2 3(4 1 2 3(4 c) Completeness 1 2 3 (4 1 2 3 (4' 1 2 3(4 3) Quality of Planning and Zoning concerning: a) Promptness of Review 1 2'3 4 1 2(3 4 1 2 (3 4 b) Objectivity of Review 1 2 0,4 1 2 5 4 1 2(,3 4 c) Clarity of Decision 1 2(3 4 1 2(3 4 1 2 (3 4 4) How can we improve the review and decision process? PICIty of Wylie �'.rtk.3. CUSTOMER SATISFACTION SURVEY 4 _WYLIE PLANNING DEPARTMENT Respondent Name and Phone: f4E1 t RY LLt ►nn A r-1 - l2 (Optional: Although we can respond to your specific comments only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s) with whom you had contact. Excellent Good Fair Poor Availability • Courtesy Attitude • Knowledge T 5 FPI F-A-,-.t.L Promptness • 2. Please rate-the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair Poor Availability • Courtesy • Attitude • Knowledge • Promptness • 3. How can we improve our service to customers like yourself? Improving service to customers like myself will require the city to hire more staff members. I realize this may require a tax or FEE increase; but if a developer and/or builder have a loss of time, it cost that person money. By no means am I proposing to increase the taxes of the overall citizenship of the city, but development FEES or taxes may need to increase to accommodate the need for more staff members. If we do not need more staff members, then the number of tasks they are asked to perform should be reviewed to increase their efficiency, this will in turn decrease loss of time by a developer and/or builder. Please answer the questions on the reverse side of this sheet as well. • B. APPLICATION PROCESS roSTID Please rate your satisfaction concerning the Accuracy,Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went throughduring your request for a zoni change or specific use permit by assigning a numerical rating of 1-4,with I represting the least satisfactory and 4b being the most satisfactory(you should have a number in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements 1 2 04 1 03 4 1 2 (D4 b) Submittal/Review Procedures 1, 2C 4 1 20 4 1204 c) Deadlines and Schedules 02 3 4 02 3 4 1 A34 d) Meetings and Correspondences 1 2 3 4 1 2 3 1 204 2) Quality of Application Form concerning: a) Clarity of Instructions 1 234 1 23 C) 1 230 b) Appearance 1 2 C3 4 1 2 3 0 1 2 3 f " c) Completeness veQ ^ t...�G05 1 2 3 4 1 2 3 4 1 2 3 4 • 'TO 1 - 3) Quality of Planning and Zoning concerning: a) Promptness of Review 1 2 304 1 2 30 1 2 3® DoKOT' b) Objectivity of Review ' 1 2 3 4 1 2 3 4 1 2 3 4 v.taOGZ5141-1 V c) Clarity of Decision r—� 1 2O 4 1 2 ; 4 1 2 s 4t� 4) How can we improve the review and decision process? Improving the review and decision process might possibly be achieved by looking at every possible way to streamline the entire process as required by the city. An example might he to have a complete understanding between the staff members and the City Council of all that is required by the council of the construction industry(developers/builders) for most of the projects that come before the staff members. Also, projects that require the drawings and ideas to be placed in front of the Planning and Zoning Commission and the City Council more than one time could be accomplished simultaneously thereby reducing time (Money) which is every business' goal. \. L \,.• il 1 0 1 Lw PVtettYof'Mile CUSTOMER SATISFACTION SURVEY WYLIE PLANNING DEPARTMENT i 1 Respondent Name and Phone: ,_:./�' )' ,f 0.:�',..'/:.-r' . YF- i) ( (p 4.{) :, ' - a(`.2) -yam (Optional: Although we can respond to your specific comments only if\'e know hp);,'to contact you directly,tyou may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s) with whom you had contact. Excellent Good/ Fair Poor Availability �/ / Courtesy ;/ _l .�`' Attitude ; `i Knowledge r Promptness .�/ 2. Please rate the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair / Poor Availability ✓ / Courtesy - Attitude 7/ Knowledge /y Promptness : / 3. How can we improve our service to customers like yourself? -,\. ,a. F "; ` ,P,_ . 1, ✓._. . LN.f‘. t.ft : 1^.\ )• .o r'`a t -� ,\.i...,4 G (',\ 't Please answer the questions on the reverse side of this sheet as well. B. APPLICATION PROCESS Please rate your satisfaction concerning the Accuracy, Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went through during your request for a zon change or specific use permit by assigning a numerical rating of 1-4, with 1 representing the least satisfactory andt4g being the most satisfactory(you should have a number in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff-assistance concerning: a) Technical Requirements Irk 3 4 1 2 3 4 1 2 3 4 b) SubmittalfReview Procedures 1 � 3 4 1 2 3 4 1 2 3 4 c) Deadlines and Schedules I' 2 3 4 1 2 3 4 1 2 3 4 d) Meetings and Correspondences L 2 3 4 1 2 3 4 1 2 3 4 2) Quality of Application Form concerning: a) Clarity of Instructions 1 2 3 4 1 2 3 4 1 2 3 4 b) Appearance 1 2 3 4 1 2 3 4 1 2 3 4 i c) Completeness 1 2 3 4 1 2 3 4 1 2 3 4 3) Quality of Planning and Zonin concerning: a) Promptness of Review 1 2 3 4 1 2 3 4 1 2 3 4 h) Objectivity of Review 1 2 3 4 1 2 3 4 1 2 3 4 c) Clarity of Decision 1 2 3 4 1 2 3 4 1 2 3 4 4) How can we improve the review and deciion process? • CUSTOMER SATISFACTION SURVEY WYLIE PLANNING DEPARTMENT Respondent Name and Phone: ` wi c . (4 0 uSQ,A=. c--7�--- q((• -- ic37 (Optional: Although we can respond to your specific comments only if we know how to contact you directly,you may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s) with whom you had contact. Excellent Good Fair Poor Availability Courtesy Attitude Knowledge Promptness 2. Please rate the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair Poor Availability Courtesy Attitude Knowledge Promptness 3. How can we improve our service to customers like yourself? J Y 1 ! J Pc -O�C �I iZ (JI-G J 0 �� -`2 6 (-)N 0- Ty-) n& C� -1-"( off\ <'. Lai rv,G rr N G .L L I 11„ (In t7 C j ?C l iv u 1-C.) • t S C, ! v 11 -2a , .2.c:_ r 0 roc // `,C, Please answer the questions on the reverse side of this sheet as well. B. APPLICATION PROCESS Please rate your satisfaction concerning the Accuracy, Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went through during your request for a zoning change or specific use permit by assigning a numerical rating of 1-4,with 1 representing the least satisfactory and 4 being the most satisfactory(you should have a number in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements 1 2 3 4 1 2 3 4 1 2 3 4 b) Submittal Review Procedures 1 2 3 4 1 2 3 4 1 2 3 4 c) Deadlines and Schedules 1 2 3 4 1 2 3 4 1 2 3 4 d) Meetings and Correspondences 1 2 3 4 1 2 3 4 1 2 3 4 2) Quality of Application Form concerning: a) Clarity of Instructions 1 2 3 4 1 2 3 4 1 2 3 4 b) Appearance 1 2 3 4 1 2 3 4 1 2 3 4 c) Completeness 1 2 3 4 1 2 3 4 1 2 3 4 3) Quality of Planning and Zoning concerning: a) Promptness of Review 1 2 3 4 1 2 3 4 1 2 3 4 b) Objectivity of Review 1 2 3 4 1 2 3 4 1 2 3 4 c) Clarity of Decision 1 2 3 4 1 2 3 4 1 2 3 4 4) flow can we improve the review and decision process? Our Mission.. r ...to be responsible stewards of the public trust, 4 j L-+ i - _ t to strive for excellence in public service,and to enhance the quality of life for all. C y Of wy e March 1, 2004 The Planning Department of the City of Wylie is committed to providing the highest quality of service to our customers. Because you were involved with us in an application for review and approval of rezoning, site plan and/or platting during 2003, we would appreciate your evaluation of our application process and of the services which you received from us. We recognize that because we administer judicial regulations, our customers often have little choice of whether to seek our services, and your comments are of great value to us as we seek to identify ways in which we can improve the manner in which we provide these services. Please take a few minutes to complete the enclosed survey and return it to us. We value and appreciate your opinions, and ask that you return the completed survey no later than, March 22, 2004. Should you have questions, please contact either Mary Bradley at (972) 442-8158 or myself at (972) 442-8159 in the Planning Department. Thank you again for helping us provide a better public service in the future. Sincerely, City of Wylie Claude Thompson Director of Planning PLANNING AND ENGINEERING 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 • www.ci.wylie.tx.us ?osItu Chy of Wylie CUSTOMER SATISFACTION SURVEY - WYLIE PLANNING DEPARTMENT Respondent Name and Phone ` � Q jtz U;/\, Cctpt le, 1„ (Optional: Although we can respond to your specific comments only' e know to contact you directly,brou may remain anonymous.) A. CUSTOMER SERVICE 1. Please rate the quality of service you received from any staff member(s)with whom you had contact. , Excellent Good Fair Poor Availability l Courtesy /7 Attitude Knowledge Promptness 2. Please rate the service you received from the publications (other than application forms) which you used during the application process. Excellent Good Fair / Poor Availability Fair/ Courtesy ,/ Attitude /3/ Knowledge Promptness 3. How can we improve our service to customers like yourself? (AAuc-Jsz.4-,c m.. aim.,eS-av�,.,.R.�� -.r- ,\z.« IA. 9 ` ' b �. '�a i9 "1/4,) t r1c r..�'--1 s____,*sC.t'.,A..\ 1'kr-N WA\ %.4.-___ q ''''-.-.)e::,...o\ A:‘,....k 4,...;1.1%.,k.A.K*_.-::, •VitrAD‘O...s9_AN...:--,`- CA vv e'S .__ c4r.. --, <7.3 o._"-t.-- 6-C_CA IL. _ (-No v,ck--C_c-.....co c":(_, c • ,t V-�- �..) I \ e_ ?1.,v<. ;.,r. `Dtc>r-,tiv-g-A---k. \ Please answer the questions on the reverse side of this sheet as well. B. APPLICATION PROCESS Please rate your satisfaction concerning the Accuracy,Thoroughness and Understandability of each of the following players or elements of the application and decision process which you went through during your request for a zoning change or specific use permit by assigning a numerical rating of 1-4,with 1 representing the least satisfactory and 4 being the most satisfactory(you should have a number in each box—or NO for"No Opinion"). Accurate Thorough Understandable 1) Quality of staff assistance concerning: a) Technical Requirements 3 4 1 2 3 4 1 2 3 4 b) Submittal/Review Procedures 1 3 4 1 2 3 4 1 2 3 4 c) Deadlines and Schedules 1 2 3 4 1 2 3 4 1 2 3 4 d) Meetings and Correspondences 1 2 3 4 1 2 3 4 1 2 3 4 2) Quality of Application Form concerning a) Clarity of Instructions 1 2 3 4 1 2 3 4 1 2 3 4 b) Appearance 1 2 3 4 1 2 3 4 1 2 3 4 c) Completeness 1 2 3 4 I 2 3 4 1 2 3 4 3) Quality of Planning and Zoning concer n,: a) Promptness of Review 1 2 3 4 1 2 3 4 1 2 3 4 b) Objectivity of Review 1 2 3 4 l 2 3 4 1 2 3 4 c) Clarity of Decision 1 2 3 4 1 2 3 4 1 2 3 4 4) How can we improve the review and deci ion process? g E Our Mission.. ° .to be responsible stewards of the public trust, Air ' a t .a to strive for excellence in public service,and ; jr `1 to enhance the quality of life for all e„t l" a April 6, 2004 TO: Members of the Planning and Zoning Commission FM: Claude Thompson, Planning Director RE: Review of Landscape Requirements In Relation To Sidewalk Prootection 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. Sidewalks are required on all streets, and the Zoning Ordinance encourages wider sidewalks along routes to retail uses, schools, open space, etc. Sidewalks are installed by the abutting property owner/builder as part of the end-user construction, rather than the initial developer as part of the street system (because site grading and construction too often break up such walks. 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. 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 (including 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 information pertinent to the issue for discussion by the Commission. If action is needed, the item will be placed on a future agenda. PLANNING AND ENGINEERING 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 • www.ci.wylie.tx.us to _';,. Page 1 of 1 Claude Thompson From: "Claude Thompson" <cthompson@ci.wylie.tx.us> To: "Mindy Manson" <mmanson@ci.wylie.tx.us>; "Michael B. Sferra" <msferra@ci.wylie.tx.us> Cc: "Terry Capehart" <tcapehart@ci.wylie.tx.us>; <bnelson@ci.wylie.tx.us> Sent: Tuesday, March 30, 2004 6:14 PM Subject: Sidewalk Repairs As requested, Bill Nelson, Terry and I have discussed the relationship of required landscaping to sidewalk failure and repair. We propose the following code revisions/additions in response and to initiate broader discussion: 1) Make certain revisions to the tree preservation and landscape regulations of the Zoning Ordinance, generally to clearly limit construction (drives, sidewalks, structural foundations)within the mature drip-line of required/controlled trees. But this could include larger front yards (yards are now 25 feet and most shade trees are larger than this). 2) Add a revised plant list(old Sec 22-440, deleted from new ZO) to the Building Code(landscaping and sidewalks are a building issue)or some other related code(could be Environment, Health & Sanitation, etc., but something that can be changed easier than Zoning and Subdivision). Revise list to include Recommended (not Permitted-City required only, so not our limited responsibility) and Not Recommended (not Prohibited -again, so not our limited responsibility), large, medium/small trees, shrubs grasses/groundcovers. These include common hazard and allergy species and those not suitable to our urban enironment. 3) Draft a sidewalk regulation (seperate or w/in Engineering or Building Codes), which makes the following clear: a. no trees are permitted within the City rights-of-way(if by City w/in City medians, then City responsibility -or if by private w/in private HOA medians, then HOA responsibility), nor is any drive, sidewalk or structure foundation permitted within the mature dripline of trees on private property without root barriers. b. owner of abutting property is responsible for maintenance(planting,watering, mowing, replacing)the lawn within the City rights-of-way (street and alley)as with private yards (ie; from street curb to house). c. owner of abutting property is responsibility for installing to City standards as well as maintaining (cleaning and repairing/replacing)to City standards all drives and walks parallel and perpendicular, whether on public or private rights-of-way required to access such abutting property. d. underground sewer/water, utility lines shall be properly laid and compacted as appproved by the City Engineer when installed and/or replaced so as not to cause future failure of the finished grade of the lawn (ie; settlement, eroision, standing water). This will be responsibility of utility/contractor and should include some testing period whether or not waranteed by bond. I personally believe that the Council was just seeking alternative solutions and did not intend such to be drafted or recommended by either the P&ZCom or PARDd. What authority and expertise does either have in the matter any more than Code Construction Board?! Why not have Mike and Chris present it to the Council as staff recommendation, and not take it to Corn or Bd. Or let's draft it fairly tightly, and get Corn and Bd to endorse it. We need not get into how far a tree's root system drawn moisture or the proper compaction PSI above a pipe/wire or under a lawn. And to me it is clear that the parkway and side walk is the responsibility of the abutting owner(they built/bought it), as is the failure of service lines between mains and structure(if City did improper repair earlier, then City is responsible to owner as would be any pprivate contractor). This is standard everywhere. Or City can accept it and budget tax revenue for maintenance, like streets and alleys. Claude Thompson Planning Director City of Wylie 04/06/2004 9 Nemer Alicia White[Alicia@wylieview.com] Sunday, February 01, 2004 4:39 PM t: citymgr@ci.wylie.tx.us citysec�ci.wylie.tx.us; citymgrt� '.wy' �pject: Agenda item for the next city council meeting February 1 , 2003 Dear Mrs. Manson and Ms. Ehrlich, am formally requesting that the sidewalk ordinance be put back on the next city council meeting agenda, February 10, 2004. A group of citizens gathered to provide a solution regarding the recent implementation of the sidewalk ordinance. Below you will find measures that we would like for the city council to consider: 1 . Repeal the current sidewalk ordinance. 2. Add a specific line item in the budget for reconstruction to pour sidewalks. 3. If current city budget or 1999 bond package does not allow for city payment for reconstruction, hold a one-time bond specific to the sidewalks for the period of one year. l It is the homeownersOresponsibility if damage to sidewalks are caused by landscaping or trees. 5. Request builders and businesses to earmark fees specifically for sidewalk reconstruction. Our goal is to repeal the current ordinance and look for alternatives other than making sidewalk repairs the sole responsibility of the homeowner. We are willing to work with the council regarding this issue. You may contact me for further discussion. Thank you in advance for your time and consideration. Alicia White 814 Forest Edge Lane Wylie, TX 75098 972-429-0317 , 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 an time after the construction of any sidewalk, t e city reserves the right to i s ect suc act t y end re uire such repairs or maintenance as ma a necessa protect os any snc repair or maintenance s a e s ssed against and borne b ow agen4.7677rne or tenant of the prope a utting t e si ewa . All 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 the owner, agent in charge or tenant of property abutting on an sidewalk to keep such side. • i. in Q..• • 1• • co ion and free Trom_any •e ec s o . a ever nr char cater. In this connection, any sidewalk which has .ecome or is defective, unsay 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 •1 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 owner, purchaser the property warrants site plan approval. under contract, lesse. tens, or licensee. (Ord. No. 93-38, § I, 9-14-93) (Ord.No. 78-15, §XVI , < :-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 drai .ge easements. with,and supplementary to,other similar require- No fence s 1 1 be constructed wi 'n any drain- ments set out in this Code, as this Code now age easem t in the corporate limit r 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, writ dumpster screening, and those required for sepa- ration of nonresidential uses from residential ing, at he believes such fence shall, i all pro'ability, 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 aesthetically and architecturally compatible with (a) This article shall apply to all buildings and the materials and design of the site being devel- uses of land except single-family dwellings and oped. agricultural buildings when an application for a (c) The following uses and activities shall be building permit is made for the following construe screened from adjacent property and public streets: tion: (1) New construction; (1) Outdoor storage areas; (2) Outside display of merchandise, if other- (2) Business renovations on an existing struc- wise allowable under city codes,adjacent to ture, valued at over$5,000.00 or additions the required front yard to a height of not of 800 square feet or more to the structure; 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 requirements when: Sec. 22-438. Landscaping requirements in nonresidential districts. (1) There is a substantial change in the distin- In nonresidential districts the following land- guishing traits or primary features of the use of the building or land, as evidenced by scaping requirements shall apply: increased parking requirements or a change (1) Required area. Every lot shall provide a in occupancy classification; and/or minimum of five percent of the lot area to CD22:17 §22-438 WYLIE CODE be utilized for landscaping. A minimum of Sec. 22-440. Recommended plant list. one-half of the required landscaping area The following trees and shrubs are recom- shall be located in the front yard. Required mended for landscaping and screening landscaping area shall not include drive- ways,paved walks,or rights-of-way or ease- (1) Large trees: ments for streets or alleys. Where a fence Pecan or wall is required by ordinance, the fence Red Oak or wall may be located within the required landscaping area. Burr Oak (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 and connecting the ends of the two lines. Japanese Black Pine (3) Landscape elements to be utilized. All re- Cedar Elm 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 tree, ten feet Chinese Holly tall,or two trees not less than two inches in Yaupon Holly diameter, for each 1,000 square feet of required landscape area. Clearra (Ord. No. 93-38, § I(B), 9-14-93) 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) Adjacent rights-of-way shall be kept mowed Asian Jasmine and properly maintained. Rights-of-way shall not Honeysuckle be included in the required percentage of land- scaped 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 .ing de- velopmen to abide by public standa t o s estab- Virginia Creeper lished by e city ensures the protec on of the Vinca general pu is health, welfare and safety, and Mondo Grass encourages t,e orderly development f the city as a whole. Ophia Pogon (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 .rds, terms . d phrases, when Sec. 22-441. Prohibited trees. used in this arti‘ e, shall h ve the meanings Prohibited trees for landscaping and screening ascribed to them in his secti. , except where the purposes are as follows: context clearly indi o:tes a d' erent meaning: Silver Maple Bedroom unit me. s an room in a dwelling Hackberry unit in which fixture- or f >nishings are provided for sleeping. This s .11 ot be interpreted to Green Ash include a room in wh h urniture such as fold- Arizona Ash down beds or converti t ouches are provided on a permanent basis for gular accommodation or Mulberry residents, temporary o otherwise. This shall in- Cottonwood dude single rental roo` in a motel or hotel. Mimosa Condominium proj: t eans a real estate con- Syberian Elm dominium project; a an or 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 ; .r sale Sycamore Density means t quanti or number of units (Ord. No. 93-38, § I, 9-14-93) per ground area. Dwelling unit ' •ans one no ,or rooms,within Sec. 22-442. Penalty for violation of article. the same struct {e connected ogether, 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 ot .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. I' TISTORY TIUNIT as describe. in the National Fire P .tection As- DEVELOPME ST 1 ARDS sociation P o lication 13D. Motel-hot means any establishm•nt whose Sec. 22-476. Purpose of : isle. 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 is 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, MH) 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 Residential Development b. 50'connection with 8' trail 10 or c. Streets alongside open space 25 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 Total Number of Land Design Points Available 90 Total Number of Land Design Points Required 30 B.VILLAGE LAND DESIGN REQUIREMENTS 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 111111 "" 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 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 piZoning Ordinance a :MI. ,cam�.. ?•` yr- t I' 'At tj,,• `s t t tl VI `� e A f • I F - y. >.. 4. .�� Y i i ,.1'. 1 __ t T 1 �.,..T 1 1 r f.cR 4 `� .',4.�'�j 1 rr, is �.4 K .4,1 } a g 9 ti. i'-' �' 4 .t ♦. �'e J . Y YYY,y 4 { v.M; IS K,k p T,14. toa b. Desira► e Design Attributes Plan the ' sidential Development so that no residential u., s back on to major thoroughfares. [20 points /;, 11. Village Residenti Streets and Sidewalks- Pede ,ian Crosswalks a. Base Standard i`` 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 pedestrian ramps complying with the Americans with Disabilities Act,to provi.. . c1-" 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 i esidential Development sha be specialty paving, such as decorative concrete pavers, br. - or stone, for a minimum of 20 , 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. [I0 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 REGULATIONS 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)I — — — Street :r r` Property ` ,31)-1'w� A Line N'E 7D 30' 30' 0' Q Lot Lines F. Architectural tandards Architectural poi s are awarded to projects in accordance with the follo ng criteria: 1. Exterior Facad 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 ma:.nry units or masonry stucco,excluding windows, doors and othe '.enings. Glazing s t 1 not exceed twenty-five(25)percent of the front elevation of the residen .. Dormers, s .nd story walls or other elements supported by the roof structure may be compo mass, materials if approved by the Building Official as having the same durability as mason stone and when offset at least two(2)feet from the first floor exterior wall. Wood,yin; is • and EIFS materials shall not be used for exterior walls. The Building Official may gr. /exceptions to the . •ove minimum standards for new construction when the matey' and installation are ap eyed by the Building Official as having the same demonstrated d ,'.bility as masonry and when o • or more of the following conditions are met: (1) When other ma Vials are required to blend with the historic chitecture of the house. (2) When the co ruction is new infill construction and more than sixty percent(60%)of the existing re To ential structures along both sides of the street and between the two nearest intersectir streets of the proposed location do not meet the above minimum standards, new construction 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 ren Zoning Ordinance 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 unto g-shall occur on- 'te. SECTION 7.5 TRA ti C MANAGEMENT STUDY REQUIREMEN A. Purpose The purpose of this Sectio`.is to establish policies governing tr. IV flow and safety on street facilities, to minimize traffic congesti•,,to improve traffic safety and is"v, and to ensure that traffic generated from the proposed developme can be adequately and sa f served by the existing and future street �° system. s B. Traffic Study Required ;` F A traffic study, which may include . traffic i•��.act analysis and/or a traffic circulation analysis,may be required for any site plan at the diS,,,et'•' of the City Engineer. C. Timing of Traffic Study e \ This study shall be submitted for ' ew e.,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 Commiss 'n,the traffic study, if required, shall be accepted by the City Engin The acceptance of the traffic stu',a will be based on the completeness of the study,the thoro t ess of the impact evaluation, and th= .nsistency of the study with the proposed access and d- elopment 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 file, 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. 4/E 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 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 Zoning 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 . 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: I. 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 piZoning 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 are 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 reZoning 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 balls 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 14/1 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 stru -, 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 subsea' 7.7, Landscape ' irements. If there is no adjacent street curb, the measurement is taken dm the grade of the pave. :.rtion of the street adjacent to the visibility triangle. B. Visibility Triangle D. ned For the purposes r '`paragraph 1,above,the term "visibility triangle" m-. • 1. For all s • -t 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 we 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