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09-02-2003 (Planning & Zoning) Agenda Packet Planning & Zoning Commission ;4/11 .. City of Wylie September 2 , 2003 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, September 2, 2003 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 August 19, 2003 Regular Meeting. ACTION AGENDA 1. Consider and act upon approval of a Site Plan for the A&W Properties Addition, being all of a certain 25,629 square feet (0.5884 acre) tract of land generally located north of F.M. 544 and east of Springwell Parkway, City of Wylie, Collin County, Texas. 2. Consider a recommendation to the City Council regarding a Final Plat for the A&W Properties Addition, being all of a certain 25,629 square feet (0.5884 acre) tract of land, generally located north of F.M. 544 and east of Springwell Parkway, as described in a deed to Peter Parks, recorded in Volume 2152, Page 502 of the Deed Records of Collin County, Texas (DRCCT), and also being described as Lot 10 of McCord's Little Six Addition, an unapproved plat recorded in Volume 1002, Page 447 of the DRCCT, and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. 3. Consider a recommendation to the City Council regarding a Final Plat for the Wyndham Meadows Addition, being all of a certain 12.45 acre tract of land, generally located north of East Brown Street and east of Eubanks Street, and being a portion of the 7.6883 acre tract of land described in a deed to Cinnamon Teal, LLC, recorded in Volume 5247, Page 5433 of the Deed Records of Collin County, Texas (DRCCT), and being a portion of the 5.0060 acre tract of land described in a deed to Cinnamon Teal LLC, recorded in Volume 5244, Page 6100 of the DRCCT, and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. P&Z Commission Meeting September 2, 2003 Page 2 of 2 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 District(PD) for Retirement Housing, being a 7.643 acre tract of land generally located south of State Highway 78 South and west of Mardi Gras Lane, and being a portion of the 5.232 acre tract of land described in a deed to Ross S. Bagwell and Paula D. Bagwell, Agland Chemical Money Purchase Plan and Agland Chemical Profit Sharing Plan, as recorded in County Clerk's File No. 94-0078165, Deed Records of Collin County, Texas (DRCCT), and being a portion of the 20.01 acre tract of land described in a deed to Bariatric Care Center of Texas, Inc., as recorded in Volume 4621, Page 1555 of the DRCCT, and being situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. (Zoning Case 2003-11) 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family 8.5/17 (SF-8.5/17) to Townhouse (TH) District for residential uses, being located at 414 N. Jackson Street, and being Lot 3A, Block 2 of the Russell Addition, and being situated in the S. B. Shelby Survey,Abstract No. 820, City of Wylie, Collin County, Texas. (Zoning Case 2003-12) 3. Hold a Public Hearing and consider a recommendation to the City Council regarding proposed revisions to Section 3.4.F, Section 2.5.D, Section 5.5 and Section 2.5.E of the Zoning Ordinance of the City of Wylie. ADJOURNMENT z-1,444,freg —40,4 Posted Friday, ugust 29,2003,at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting August 19, 2003 7:05 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 Bradley, Admin. Assistant Michael George Terry Capehart, Assistant Planner Don Hughes Carter Porter Chris Seely Commission Members Absent: Mike Phillips CALL TO ORDER Chairman George called the Regular Meeting to order at 7:05 p.m. INVOCATION AND PLEDGE Commissioner Byboth offered the Invocation and Commissioner Porter led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the August 5, 2003, Regular Meeting. A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to approve the minutes with no changes. Motion carried 6 - 0. P & Z Meeting August 19, 2003 Page 2 of 4 ACTION AGENDA 1. Consider a recommendation to the City Council regarding a Final Plat for the Meadowview Estates Addition, being all of a certain 34.088 acre tract of land, generally located west of North Ballard Avenue (F.M. 2514) and north of Brown Street (F.M. 3412), as described in a deed to Saddlebrook Investments, Ltd. as recorded in Volume 5404, Page 1042 of the Deed Records of Collin County, Texas, and being situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Thompson stated that the subject property totals 34.088 acres in size and will create 108 single-family residential lots as well as three open space lots to be maintained by the homeowner's association and right-of-way for the extension of Ann Drive. The Preliminary Plat for the subject tract was approved by the City Council on September 24, 2002, as Stiles Crossing but was never finalized as such and the property was subsequently sold. The property has several major water and gas transmission corridors that the development anticipates using as a greenbelt pedestrian trail system. An existing gas pipeline easement is being abandoned by this Plat, and the instrument of abandonment was filed with the County on June 3, 2003. The Park and Recreation Advisory Board has reviewed the earlier Plat, and recommended that the utility corridor originally designated as park land not count toward park dedication because of their small size, isolated location and for use as utility easements. The applicant has agreed to pay funds in lieu of parkland dedication, and such finds may include a pedestrian walking trail within the open space corridor. Rob Adams, Adams Engineering, 500 Nolen Drive, Suite 550, Southlake, Texas, represented the engineer for the development, stated that the greenbelt pedestrian trail system will be a four-foot sidewalk along the back of lots 7 through lots 17, and separated with a seven-foot wooden fence. There will be a masonry screen wall separating the properties from North Ballard Avenue. Commissioner Seely questioned how wide the railroad right-of-way is from the property line. Mr. Adams stated that there is a 50-foot railroad right-of-way before the property line begins. Commissioners discussed requiring the developer to install common screening starting at lot 7 down through the open space on the south side, and that the type of screening be a six-foot wooden fence between six-feet high masonry columns which are one-foot four-inches square and 80 feet on center. Mr. Adams stated that if the developer installs the fence within the open space between the railroad right-of-way and the residential lots that the City would maintain. Thompson recommended that the developer provide the screen wall along Ballard Avenue and let the individual property owners maintain a fence on each lot, which will separate from the open space along lot 7 down through lot 17. P & Z Meeting August 19, 2003 Page 3 of 4 A motion was made by Commissioner Porter, and seconded by Commissioner Chapman, to recommend approval of the Final Plat of the Meadowview Estates. Motion carried 4 — 2, with Chairman George and Commissioner Byboth opposing. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Single-Family 8.5/17 (SF 8.5/17) to Planned Development (PD) to allow joint residential and retail uses, located at 405 N. Ballard Street, being Lot 1A, Block 2 of the Russell Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-10) Thompson stated that the applicant is requesting rezoning to a Planned Development (PD) District in order to allow initially the operation of a gift shop and the ultimate operation of a bed and breakfast inn on residential property. Retail uses are not allowed within any residential district, and the bed and breakfast lodging is not allowed within the SF8.5/17 District. While the bed and breakfast could be allowed as a home-occupation in some residential districts, the retail sales gift shop can not be allowed. The subject property is located in the Russell Addition as Lot 1, Block 2 and totals approximately 20,385 square feet (0.47 acre) in size. It is developed with a wood two- story Victorian-style residence which is approximately 115 years old, as well as wood detached garage and storage building of undocumented age and a metal carport. A gravel drive, primarily located on the neighboring lot to the north and used by both property owners, provides access to the garage/storage building and carport. Thompson stated that there are also three land-locked lots accessible only by the gravel drive serving the subject property. The PD requires that a paved joint access drive be provided to the land-locked parcels, which will be accomplished by the partnership of private owners with no City participation. Archie and Rebecca Henderson, 405 North Ballard, represented the property owners, stated that the gift antique shop will open in approximately three to six months and is desired to a permanent rather than temporary operation. It will be located within the existing storage building and be limited to 530 square feet. No solid timeline has been set for the opening of the bed and breakfast inn. All parking will be on-site, accessed from the joint drive. The parking will comply with the current requirements and operated only by family members. The paved drive must be completed when the bed and breakfast inn opens for operation. Chairman George opened the Public Hearing. P & Z Meeting August 19, 2003 Page 4 of 4 Gerald Bohannon, 407 North Ballard, spoke in favor of the rezoning. Commissioner George questioned the allowance of a front-yard fence as stated in the PD Conditions under item number 10. Ms. Henderson stated that there are no plans to build a fence and any future fence would comply with the Code. Following some discussion, Thompson recommended deleting all mention of fencing within the PD. Chairman George closed the Public Hearing. A motion was made by Commissioner Seely, and seconded by Commissioner Chapman, to recommend approval of the rezoning with the recommendations that a Victorian style fence three feet high, and shall not exceed 4 feet in height. Following further discussion concerning the fence requirements, Commissioner Seely made a modified motion, and seconded by Commissioner Chapman, to recommend approval of the rezoning with the removal of item number 10 concerning fencing from the PD Conditions. Motion carried 6-0. ADJOURNMENT A motion was made by Commissioner Hughes, and seconded by Commissioner Byboth, to adjourn at 9:30 PM. Motion carried 6— 0. • Sty, -A i - Ac.„,Lu, Michael George, Chairman MAry4radley, Secret y -City of 1 4te Action Item No. 1 Site Plan A&W Properties Addition Planning and Zoning Commission Meeting: September 2, 2003 Owner: A&W Properties Designer: J. L. Brantley, Inc. Location: 2801 F.M. 544 Existing Zoning: Corridor Commercial(CC) District Summary: The Site Plan under consideration is for an office/warehouse center with multiple tenants. The proposed building is approximately 6,600 square feet in size and will be divided into six suites as it is leased. The lot totals 0.5884 acre(25,629 sq.ft.). The property was zoned Business District(B-2) in 1989 and was part of the unapproved McCord's Little Six Addition plat. This property was rezoned to Corridor Commercial (CC) District in February 2002 with the adoption of the new citywide Zoning Ordinance and Map. A proposed Final Plat creating Lot 1, Block A of A&W Properties Addition, which creates the lot of record for the facility, is also on the current agenda for consideration. Section 8.1.D of the Zoning Ordinance requires that a site plan be reviewed and approved by the Planning and Zoning Commission for any development within a nonresidential zoning district. The purpose of the site plan is to ensure harmonious and efficient development of land, compliance with appropriate design standards, accommodation of sensitive environmental issues, safe and efficient vehicular and pedestrian circulation, and provision of supporting utilities and other services, and site plans shall contain sufficient information related to existing site considerations as well as the proposed site design and development characteristics. Site plans shall serve as part of the zoning for the property,and changes in site plans shall constitute a change in the zoning. No development shall occur or building permit be approved for the property which does not conform to the approved site plan. Site Plan—A&W Properties Issues: 1. Since the McCord's Little Six Addition was never approved and properly recorded, the owners of each of these lots are being required to plat the property as development plans are proposed on each. Additionally, owners have no vested rights in previous zoning and all of the development requirements of the current Zoning Ordinance apply to these projects. 2. The Site Plan includes a tabulation of how the development points will be achieved. All requirements of the code will be met except for the quantity of landscaping required. The Corridor Commercial District requires that 20% of the site be landscaped and the Site Plan under consideration only provides 19% landscaping. However, the Zoning Board of Adjustment approved a request for a variance submitted by the applicant to reduce the required landscaping from 20%to 19%on August 25, 2003. 3. The code encourages joint/common access/egress drives in commercial developments, and the Site Plan indicates such access has been provided to the adjoining property to the west. This joint access is created by an access easement on the plat, which is also on the current agenda for consideration. Financial Considerations: Site Plan application fees—Paid Staff Recommendation: Approval. Attachments: Site Plan '"\ --------,„,_ , ' - -- -_in- _ , --- �� I ' a,4.' . Wylie >A4 R ii $� T�'>��J6/T 1 M°r re :^ (,- ry*, 1 r .1 sas,..,„, '�.¢scflao . }o=,, -W- 1 ,€` - a {� was � 5 \--." 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REVISIONS ol/C N,,_CEN`1'OAL EXPWy, t, V A0050AP NG:IN 5tt26":: SCAR.FARDR::._` ,r111'TC 2aa.. 6.6.0 ._-.I/C7`CRIERS/SE'RCa/6CGC.- `.- Ib POINTS :PALLAR,,YC RAC 152C C 2,LCNACCCP/NC:IN ROCS5c OP 5,7 NF/SPAGS. 25 ,214. 6766•5f397 'FAX.21A CC9.144d 4-. __. .PARK1NC-4,01'MI NO 6P,9.0E'P11A,GA "77441,1 40 PRAM 1.411.10 c4PG"AREA,. 10 _ 4,LAN!?SGAPEP-P6P6.71a-1A,,4 col...fi:1J 2b _` r0 MAIN EN'f,CAlC5 CE PRCWICCC JOB NO.03,11 SC SCORNER SITE PL./Atl DATE 4 A416. 00. SHF/ET NO- A4W PRO CPCTI'$ ADOrrioI_ ,. LOT ,, e�,000. ,_ AU:.2 0 2003 co,sf._sl,a,:.CALL..I 1 CO/NYY,. PCXAC ` F'` O i" C' of WVile Action Item No.2 Final Plat A&W Properties Addition Planning and Zoning Commission Meeting: September 2,2003 Owner: A&W Properties Surveyor/Engineer: Davis Land Surveying Co., Inc. Location: 2801 F.M. 544 Existing Zoning: Corridor Commercial (CC) Summary: The Final Plat for Lot 1, Block A of A&W Properties Addition includes 0.5884 acre (25,629 sq. ft.) and will create a single lot for Office/Warehouse uses. This property is located within the McCord's Little Six Addition, a subdivision that was never approved by the City or County and properly recorded and therefore never legally platted. The property was rezoned from Business District (B-2) to Corridor Commercial (CC) with the adoption of the new citywide Zoning Ordinance and Map in February 2002. A Site Plan for the subject property is also on the current agenda for consideration. 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—A&W Properties Addition Issues: 1. The Final Plat substantially conforms to the Site Plan and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. The Right of Way for F.M. 544 has been established by the recent widening, as has the curb cut entryway for the subject tract. A joint access easement has been provided on this plat to provide cross access to the adjoining tract to the west for future development in order to reduce the number of curb cuts needed. 3. The eastern twenty (20) feet of the subject tract is occupied by an open drainage channel, which the plat places in a drainage easement shared with the property to the east. Financial Considerations: Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Staff Recommendation: Approval Attachments: Final Plat — — . , ,' • :.. .,„ OWNERS CERTIFICATE OWNERS DEDICATION STATE OF TEXAS: COUNTY OF COLLIN: BEING all of that certain lot,tract or parcel of land situated in the MOSES SPARKS SURVEY, A-849,City of Wylie,Collin County,T.as,.d being all of that.me tract of land.scribed in deed to Peter Parks,recor.1 in Volume 2152,Page.2 of the Deed Records of Cot. STATE OF TEXAS: COUNTY or GOWN; NOW,THEREFORE KNOW ALL MEN BY THESE PRESENT,: THAT I,TOM ALLRED,do hereby adopt thls plat,\ designating the here.above deecribed County,Texas,and said parcel also known as Lot 10 of hicCord's Little S.Subdivision, recor.d in Volume 1002,Page.7 in the Deed Records of Col.County,T..,but not approved by either county or city and unrecorded in the Plot Records of Coltin County,Tex, property as n an adon to the Ci ty cif Wylie,Cottir.t,County, i'LLWffiiniiiii Ka n, diti ... Texas,and do ere y d cote,to the public wse forever the easerien s and right-of-wctys as shown thereon.The easements shown hereon are hereby and said parcel being more particularly described as C.o..: reserved for the purposes as Indicated No bultdings,fences',trees,shrubs or „ ther Improvements or growths shalt be conStruCteili Or R..aced uPoh,over Or , BEGINNING of a monument found at the southeast corner of the remainder that some tract of the Hood described Of deed to Juan Aparcio,recorded as County Clerk's No.94-0076,834 of the Records of Collin County,Texa sad point beg S 895500.E,287.79 alon g north R.O.W.line of Form Rood No.544(a 120.00'R.O.W.)from the southeast corner of Lot 1, o across the easements cind right-of-ways as shown,Said utility ease..iseing hereby reserved for-the mutual use anel ACCOtAIII0clati,of all public utilities Deed desiring to use or-using same,Alt,and any public titility shall have the fult right to remove and keep removed all parts of any build/no,fences,trees,shrubs Or Block A of Ropin Addition,an addition to the City of Wylie,Texas,recorded in Cob.et 141,Sfide other Improvements or growths which nay in any tray endanger or Interfere sith 416 of the Plot Records of Collin County,Texas; the construction,maintenance or effIc1ericy of Its respective system on the utility easement and all pub.trait,.Shull At cat tines have the Putt right of ingress and egress to or from and Lipon the said utility eaSenen't f or the THENCE N 00-0300”W,125.25'along the east line of said Juan Aparicio property to a 3/4-. • purpose of removing MO or part of Its respective syStims without the necesidty .. iron rod found for corrier in the south WOW line,Deltas Ar.Rapid Transit R.O.W.(a 100 , at any time procuring the permission of anyone, ROW.); MOSES SPARKS SURVEY, A-849 THENCE S 84.09'00.E,225.28'along sold R.O.W..e to a 3/4,iron rod found at the Witness,ny hand at DA1(05,Texas,thhs the day of .... ,2003. northwest comer of the remoin.that some tract of land described in d.d to I.Pearl Scholz et al,recorded in Volume 2957,Pc,575 of the Deed Records of Collin County,Tex..; THENCE S 01.07.00.'E,102,64'along the west.e of said I.Pear,Scholz et of property to a poktt for comer(tin..to set).the north rine of Farrn Road No.544; . AREA RAP/1) T THENCE N 89'55'00"W,226.00'along the north line of Farm Road No.54-4 to the point of faA--W.Clitb=kAiiie,iii6-.PARTNER , /f'ANS/T77 beginning and containing 25,629.48 square feet or 0.5884 acres of land. . STATE DV TEXAS, BEFORE ME,'the undersigned,a Natar-y Pub..and for said State,on this day • personally appeared Tort Mired,known to me to be the per-Sion whose none is „ - „ RECOMMENDED FOR APPROVAL subscribed to the foregoing instrument,anal oCkriosleolgini',..ne..,,i't I,* , executed the same for the purposes arici considerations there.expresSed , GIVEN under my harid oncl seat of office,this the day of ,2003, „ E-225.28' __- CHAIRMAN,PLANNING&ZONING COMMISSION DATE , CI,OF WYLIE,TEXAS - = 4.0900 APPROVED FOR CONSTRUCTION Rotor PL.iblic -d f the Stat of Texas.n y el 4 or e DAVIS SURVEYOR'S CERTIFICATE MAYOR,CI,OF WYIJE,TEXAS °ATE FD 1 SCOTT ,a Registered Professional Land Surveyor In the State of Tex., ..3 4"i R do hereby certify that I have prepared thls plat from an actual on the ground Z I ACCEPTED survey of the la.,and the noriumentS shown hereon were found and/or placed , . under my personal supervision in accordance with the platting rules and „ i. CD 0 w regulations of the City Plan CommISslon of the City of licatos, MAYOR,CI,OF WYLIE,TEXAS DATE, 2 .<6''. REMANDER OP WILLIAMS , '.) LOT 1, BLOCK A d P- ___________ __ __ iara 0.,.. PRER REMAINDER 1. The undersign.,the City Secretary of the City of Wylie,Texas..hereby certifies that the. REGIS TERED PROFESSIONAL LAND SURVEY OR M.51,11 VOL.3168,PG.6 JUAN APARICIO PROPERTY 2.5,629.48 sq. ft. or 0.5884 acres „,P:, (1" REMAINDER foregoing f.el plot of ALLRED AMIXD ,on oddition to the City of Wfie woo submitted to the a'Q L,,, D.R.C.C.T. CC#94-00768, I , t,i . IDA PEARL SCHOLZ,ET AL City Council on the day of 2003,and the Council,by formal oction,then D.R.C.C.T. .21a ,-..-;, ?,,,,,,, ' voL,2957.PG,575 D,R,c,c-, ond there accepted the dedication of streets,alley,parks,.sement,public places,and.ter ,,, fT1 and sewer lines os shown and set forth in and upon said plat and soid Council further STATE OF TEXAS, 5•P' ' 4 I authorized the Mayor to note the acceptance thereof oy signing hIs name as hereinabove BEFORE ME,the undersigned,a Notary Public In end for said State,on till's day fQ subscribed. personally appeared Scott Davis,known to re to be the Person*hose none is Ei 1; '''',, 2 subscribed to the f oregoing instrument,and acknOwledged to rite that he ".1[ , ', *Cs) Witness my hand this____day of A.D.,2003. executed the same for the purposes and conskileratfbns therein error...est . ' Est.;TED(AsSiENT k -P, .., ' GIVEN under my hand and seal of of ff.?,this the..._day of , 2003, •' FIAT e 149' I O ON.F TO SET '''.. ----"---- 5'895500.E-287 1,5, I N 89'55rn Vr7-706.00' 2ittYy of WeyliZYTexas ,,,,,,,,,y,A;iT,If.7.,f or the-State;f Texai, ' BEGYNN/NG PON T FD.BRASS MON FARM ROAD NO. 544 FINAL PLAT OF . A & W PROPERTIES AD01770/1/ A SUBDIVISION OF A PARCEL OF LAND SITUATED IN THE MOSES SPARKS SURVEY, A-849,CITY OF WYLIE, ----, COLUN COUNTY, TEXAS. NON,,AMP - NOTE, I NO LOT TO LOT DRAINAGE ALLOWED. 6101VERACICL OPER t 2.BEARING SOURCE FOR THIS PLAT IS THE NORTH LINE OF McCORD'S A&W PROPERTIES,LTD. N LITTLE SIX SUBDIVISION,RECORDED IN VOLUME 1002,PAGE 447 OF 6116 N.CENTRAL EXPRESSWAY,STE.200 , i THE DEED RECORDS OF COLLIN COUNTY,TEXAS,BUT NOT ACCEPTED BY EITHER CITY Of COUNTY DALLAS,TEXAS 75206 214-676-6897, 3.THE PURPOSE OF THIS PLAT IS TO CREATE A StNGLE LOT 4 SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A 140LATION OF CITY°ROMANCE AND STATE LAW A.IS SUBJECT TO ------__ FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS 1 Liv.,,------- J ii.41,t LAMP jiMiYING cd.., #k. -*a..:;/31e;/;‘, .9777 FERGUSON 19044 SZ117Z"1 OS !.,,,%. `:I-1,, SAUL-AC 12.055 7522, 214,121-05a, .)....'... ttty of Wylie Action Item No.3 Final Plat Wyndham Meadows Addition Planning and Zoning Commission Meeting: September 2, 2003 Owner: Cinnamon Teal, L.L.C. Surveyor/Engineer: Cargill-Cheshier& Assoc., Inc. Location: North of East Brown Street and east of Eubanks Street Existing Zoning: Townhouse (TH) and Multi-family (MF-15) Summary: The Final Plat for the Wyndham Meadows Addition includes 12.45 acres and will create fifty (50) lots for residential uses, one (1) lot for future development and two (2) lots for open space common areas to be maintained by a homeowners association. The subject property was originally planned to be Phase IV of the Wyndham Estates Addition, and in 1985 the western one-third of the tract was zoned Multifamily (MF) and the remaining two-thirds zoned Townhouse (TH). However, the property was never platted or developed. The applicant is proposing to develop the entire tract as duplexes under the Townhouse (TH) District requirements. Townhouses are allowed by right within both the TH and MF Districts, but multifamily apartments are allowed only within the MF District. 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—Wyndham Meadows Issues: 1. A 150 feet wide Oncor power line easement transects the subject tract from northwest to southeast. The applicant has obtained an encroachment agreement from the owner of the easement in order to construct public streets, sidewalks and fences in the easement. A reference to the encroachment restrictions detailing which residential lots are affected by the agreement has been placed on the plat. 2. The development of Townhomes in Multifamily Zoning is permitted by right and does not require a change in zoning. 3. Parkland dedication requirement is tied to the use (Townhouse) rather than the zoning (MF and TH). Open space occupied by easements cannot count towards the parkland dedication, and the applicant is aware that fees in lieu of land must be paid for each dwelling unit regardless of the underlying zoning. 4. Access to the existing alleys in the Wyndham Estates Phase II addition has been provided by this plat. 5. An additional 35 feet of right-of-way for the widening of Brown Street will be dedicated with this plat. 6. The Final Plat complies with the Zoning Ordinance, Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Financial Considerations: Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. 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Location: Generally located east of S.H. 78 South and south of East Kirby Street (F.M. 544) Existing Zoning: Community Retail(CR) District Requested Zoning: Planned Development District (PD) for Retirement Housing Summary: The applicant is requesting rezoning of the subject property from Community Retail (CR) to a Planned Development (PD) District in order to develop 150 attached dwelling units and common community center, as a retirement residential community restricted to senior citizens. The property totals 7.643 acres in size, and is currently held in two ownerships. Properties abutting the subject property to the north and west are zoned Community Retail (CR) District and are developed and occupied by Brookshire's grocery and the Bariatric Care Center respectively. Properties abutting to the east and south are currently zoned Single Family Residential (SF-8.5/l7) and developed with single-family residences on 7,300 square feet lots (the previous SF-3 zoning). 03-11: Evergreen Retirement Community PD The principle 5.139 acre property for the development of the Evergreen Retirement Community is located to the rear of Brookshire's grocery store, and is effectively landlocked and accessible from State Highway 78 only by a platted 28 feet wide access easement along the western boundary of the Brookshire's property and by the residential Valentine Lane to the southeast. An east-to-west flow, 60 feet wide drainage easement transects the southern portion of the property and adjacent Bariatric Center, separating the adjacent residences to the south. The applicant proposes to connect this drainage corridor and additional 2.504 acres to the retirement community site to serve as a connection between the greenbelt floodplain to the west of the Bariatric Center and the residence of the retirement center as well as neighboring single-family residences. This greenbelt also connects to Valentine Park and the WISD/Harrison Intermediate School to the east. 'National and local demand for specialized housing for senior citizens (defined as 55 years of age and older) is increasing, to serve the aging "baby-boomers" with increased longevity. Such senior housing is generally divided into the following three groups, each with special design needs and characteristics. a. Independent Living: Intended for individuals with normal physical and mental capacities, these provide no on-site medical or personal assistance. The proposed project clearly conforms to this definition. Such dwellings are classified and regulated as Multifamily Residential by the Wylie Zoning Ordinance and are permitted within the Community Retail District only as part of a mixed-use development or as a Planned Development District. b. Assisted Living: For individuals with some level of physical and mental impairment, these facilities provide some medical and personal assistance. The proposed project will offer no such services and does not conform to this definition. Such dwellings are classified and regulated as Assisted Living Apartments by the Wylie Zoning Ordinance and are permitted by right within the Community Retail District, and allow reduced parking and have no density limits. c. Nursing/Convalescent Home: These facilities provide full medical and personal assistance to individuals with severe physical and mental impairments. Offering no such services, the proposed project does not comply with this definition. Such dwellings are permitted by right within the Community Retail District, and allow reduced parking with no density limits. Public Comment Forms were mailed to eighty-six (86) property owners within 200 feet of this request. Five Comment Forms had been returned at the time of posting, one favoring and four opposing the request. 03-11: Evergreen Retirement Community PD Issues: 1. The Comprehensive Plan recommends Commercial uses, including retail and offices, for this property, and the proposed residential uses do not conform to this recommendation of the Plan. Were the proposed retirement housing, or any similar Independent Living multi-family apartments to be incorporated within a mixed-use development with nonresidential services, the project would be allowed within the existing Community Retail District and be considered to conform with the Plan. However, the property's limited access and visibility from a public street limit its attractiveness for retail uses unless included within a redevelopment of the larger surrounding area to provide adequate access and visibility. The some type of retirement residences and existing retail opportunities could support and compliment one another. The proposal restricts access/egress of the retirement center traffic through the lower-density single-family residential neighborhood to the east by closing Valentine Lane to all but emergency vehicles, and such heavy through traffic could not be controlled if the property were to develop under straight Community Retail zoning. 2. 'The proposed Conditions of the Planned Development specifically limit the occupancy of the dwelling units to senior citizens, or persons 55 years of age and older. However, the Zoning Ordinance contains no specific definition or regulations for Independent Senior Living and classifies all such independent dwellings as Multifamily apartments, which are allowed within the Community Retail District by right when within a mixed-use development with dedicated permanent nonresidential uses such as food services, personal services and/or retail. 3. The sign for the subject property will be located within the joint-access easement at State Highway 78, regardless of the property's ultimate use as either retail or residential. Such limited visibility dictates that use of the site be developed in cooperation with neighboring uses which can provide a destination address. 4. The Planned Development limits the maximum number of dwellings to 150 units, which reflects an overall density of 19.63 dwelling units per acre. When only the immediate 5.139 acres to which the development of the facility is confined, the density is 29.2 dwelling units per acre. The City of Wylie has limited apartment development to 15 dwelling units per acre since at least 1981. A survey of the Independent Living requirements of ten other communities (see attached tabulation) reveals that eight allow densities of between 12 and 20 dwelling per acre, with the only higher densities being Garland allowing 36 units per acre in the Health Care District and Plano allowing 45 dwelling per acre in Multifamily Districts. The applicant reports that he has constructed similar developments of 36 d.u./ac. in Granbury, 29.5 d.u./ac. in McKinney and 15 d.u./ac. in Mesquite. 03-11: Evergreen Retirement Community PD 5. The Conditions of the Planned Development will establish in perpetuity the existing construction and occupancy characteristics of the complex, and these differ from the current requirements of the Zoning Ordinance as follows: Development P) posed Requirement Requirements of the Condition of the PD Zoning Ordinance Side Yard w/ 54 feet, 10 feet side yard in CR Residential Adjacency Residential Proximity Slope but 120 feet w/height and not required Residential Proximity Slope Dwelling Size 1BR=768 s.£, 2BR=894 s.£, 1BR=750 s.f., 2BR=900 s.f., 3 BR=1,072 3BR=1,000 s.£ in MF Kitchens In all units Not allowed in Assisted Living Allowed in all traditional MF Building 3 story&40 ft. for residences 2 story& 36 ft. in CR Height 46 ft. for community center no floor limit&40 ft. in MF Facing property line=80% Exterior Wall masonry&20% cement. Materials siding Face interior court yard=20% 100% masonry all walls masonry& 80% cement. siding Face breezeway=100% siding 1/1BR, 2/2&3BR+1/10 d.u. Parking 1/d.u. + 1/5 d.u. guest= 188 guest= 315 for MF 0.5/d.u.+1/employee+1/5 bed 9 ft. by 18 ft. spaces rooms guest=+/-226 for Assisted Living 10 ft. by 20 ft. spaces 7. The PD Conditions permit buildings of 3 stories and a maximum height of 40 for residential buildings and 46 feet for the common community room. Section 4.2 of the Zoning Ordinance restricts all buildings within the Community Retail District to a maximum of 2 stories and 36 feet. Buildings within the Multifamily District are limited to 40 feet. Most of the communities surveyed permit 3 stories for senior housing, but most restrict building height to 36 feet or less (see attached tabulation). 8. The PD Conditions require buildings to be setback from adjacent residential property lines a distance of 54 feet, although the setbacks will actually be 70 feet on the east (including alley, drive and parking) and 98 ft on the south (including drainage easements, drive and parking). The PD eliminates the Residential Proximity Slope requirements of Section 7.1 of the Zoning Ordinance, which would require a setback of at least 120 feet along the south and east sides. 03-11: Evergreen Retirement Community PD 9. The PD permits a minimum of 80 percent masonry for exterior walls facing the property lines and a minimum of 20 percent masonry facing the central courtyard. The fronts of all residential units will face central breezeways, and require no masonry. The applicant requests this variance in order to eliminate the supposed institutional look of 100%masonry structures. Section 4.1.F of the Zoning Ordinance requires 100 percent masonry for all buildings within the CR District. Six other communities permit 80 percent masonry or less, but these require such on all sides. 10. The PD requires one parking space plus guest parking for each dwelling, as permitted by the Zoning Ordinance for Assisted Living apartments intended for physically impaired persons. The Ordinance requires 1.5 parking spaces per unit plus guest parking for traditional Multifamily dwellings, to which this proposal more closely conforms. The PD envisions perpendicular parking and allows spaces to measure 9 feet wide by 18 feet long, compared Wylie's required 10 feet by 20 feet. The applicant has provided the attached study and regulations from other Texas municipalities as evidence for the requested reduced parking, but these largely reflect regulations for Supervised and Assisted Living which is not the intent of the subject proposal. 11. In May of 2002, the City Council denied a similar proposal for Senior Living on this tract, which the Planning and Zoning Commission had recommended approval of by a split vote. The current request attempts to address the earlier concerns of the Council and stipulations of the Commission, and those modifications are reflected in the attachments and this report. The 2.5 acres of additional land lowers the effective density from 29.2 dwelling units per acre to 19 d.u./ac, and also increases the open space from 40% to 55%. This open space will not be secured by fence and will be available as a greenbelt linkage between the floodplain to the west and the residences, park and school to the east. Other changes include some increasing the percentage of masonry on exterior walls and increasing the number of parking spaces. However, the current proposal also increases the size of each dwelling and adds three bedroom units which were not previously planned. Staff Recommendation: Denial. Unique location and adjacency characteristics of the subject site favor residential uses such as is proposed (either Senior Assisted Living or traditional Multi-Family apartments) more so than the commercial uses recommended by the Comprehensive Plan, whether as a stand-alone or incorporated within a mixed use development. Both Assisted Living and traditional apartments are permitted by right by the current Community Retail zoning. 03-11: Evergreen Retirement Community PD Although the Conditions of the Planned Development District expressly limit the occupancy of the proposed development to senior citizens and attempt to guard against the complex converting to traditional Multifamily occupancy, the proposed design does not provide specialized dwellings for senior living, and more closely resembles traditional apartments. No efficiency or one-bedroom units are provided, and units are larger than normal family apartments and all are provided with full kitchens. The proposed density of 19.3 dwelling units per acre is an inappropriate variance from Wylie's long-held philosophy of limiting multifamily residential density to 15 dwellings per acre. Additional variances related to this higher density, such as increased building height, reduced parking and reduced setback from abutting residential uses, are also unjustified. Attachments: Location Map Conditions for the Planned Development District Development Plan Staffs survey of Independent Living Requirements for Other Communities Applicant's Parking Study and Other Municipal Codes Notification List and Map, with Responses ... ...... ... , „...... . rifi,„ ,...,,,„ .. ...„,......,_._,,,,... .„...,.... .. ..".... . , . ,,_.. ... .,„ I ..... .11t _ ...J1.. -...-E.1.1.10.1-1( I . ism, - .._ =74 Ma - gum intAi !Ems r [ _ ..,-.„ irusimi 1,11,,,70-4%., , in :11:mq:: ma i i-r = ---illamill imairisii 'II' - .. N.11.li.11 M..: Ald 'Property 4�����• ��1:"I 1{:la;'Li illt='/,f Ir`%:111►¼ !iIi! 1 ° ((� :C IS ip v `i; I111110i11/1�r1111i1■ ■ 1mit /1111ft��� �2�=—ii- uIiHhiiiiiI .H,ti111111111. _.__ -_ "� L �■-`1 ♦4/11111111111 -it �� /1111111111111 LI LI -- -" "p dim aii1111 I III UIuuI111111111111,1&t �*1111111111111U .■ri •:�- /unnnug11111 mueuttneI■■M 11111UM1111f1RRE j 1 . _.,�1�I_1nnc„-uur�� "`iiimmilimoi fc�otai q iII iIIIIUIIIIIIIIION 1� ._ __ C: `- '_►Inman Y,, - „ �4, •_ _-_ -- MI INN .1t4,:11 in gm MI all III IF Wit latelnig 'Ik- Aid .._!,_-..ied 0, di cn is. no immicz. ____- _,:...._._.... . 411111 Or ." Mi= Li iii.:La C1112 • 1111= tow. .401.6 ME EH Egri,==1 rersalt am mc.2,,,1 min km 111 ma gm `to . Mewl ����-• - �� 111111111 ,� �. 1� fir, 411 - _ ..1111ILIII- Mc it, 4 MR ItalipillE:wq ..•, I t• r+'�0, . ,, ♦`lIIIII 1��,i' aggil111.11 liti 44411 11 : ‘ ♦ �44*.��# •h,I• I1111V / , ��111i• lliiiilb III m III'NEM 11111111111111111111111 a 1111 tin ii11 p. 11111111111. iii SA:._i WE: )/I ck. F..12:1;...:1;.;11„..; ill 11-1111-11-11- � • y. ‘:i 111111 MN 1111 _� ilk Cr C ■t. �I���o Mnatips,... ....1111111111111111141Ne: mg 1111‘111 \1111111t (lllllllllllllllllll/os M I WIIi E .mMUR mlI/.� L 1 ).1111M1/1 .M;O M I - M% U\tl WU 1 I I ttlninmei.p' Il01lP- Uiil111111/ TiHii A LOCATION MAP ZONING CASE #2003-11 DEVELOPMENT CONDITIONS Evergreen at Wylie Zoning Case No. 2003- 11 General Conditions: 1. This Planned Development District shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Community Retail (CR) District set forth in Section 4.1.B of the Zoning Ordinance are included by reference and shall apply except as provided herein. Only the Base Standards of the Nonresidential Design Requirements as set forth in Section 4.4 of the Ordinance shall apply except as provided herein, and the Desirable points criteria shall not apply. Special Conditions: 1. The following uses shall be permitted within the District: a. Retirement housing as such is defined and permitted by State and Federal fair housing laws, including the condition that the facility publishes and adheres to the policies and procedures that demonstrate their intent to meet all provisions of the Housing for Older Persons Act of 1995. All occupied units shall be occupied by at least one person who is fifty-five years of age or older at the time the unit is leased. Those persons legally residing with an elderly resident may continue to reside at the facility for a period not to exceed one year if the elderly person dies or is moved out of the facility for medical reasons. Two dwelling units or suites may be designated and occupied by caretakers or security personnel who are not subject to the age restriction. Failure to comply with this provision shall result in the facility being reclassified as a MultiFamily Residential lodging and loss of Certificate of Occupancy. b. Accessory uses to the retirement housing. c. All uses permitted in the Community Retail District. 2. The maximum number of dwelling units permitted shall not exceed 150 units, 70 (46%) of which shall be two bedroom units of a minimum 768 square feet in size, 65 (43%) shall be two bedroom units of a minimum 894 square feet in size, and 15 (10%) shall be three bedroom units of a minimum of 1,072 square feet in size. No efficiency units shall be permitted. 3. Each dwelling unit shall have a full kitchen. 4. Buildings may be three stories, except for the residential units in that portion of the building adjacent to the eastern property line and facing the single-family homes on Mardi Gras Lane which shall not exceed two stories in height. Overall building height shall not exceed 40 feet for the other residential portions of the facility and 46 feet for the community center (not including the cupola). 5. The Residential Proximity Slope requirements of Section 7.1.D of the Zoning Ordinance shall not apply. All buildings shall be set back from the east and south property lines a distance not less than 54 feet. 6. Materials for exterior walls (facing outward toward the property line) shall be not less than 80 percent masonry and not more than 20 percent cementatious composite siding as approved by the Building Official, and interior walls (facing the inner court yard) shall not be less than 20 percent masonry and more than 80 percent approved cementatious siding. Walls facing on to the breezeways shall be 100 percent approved cementatious siding. These allowances are exclusive of windows, doors and roof appendages such as dormers. 7. Parking shall be provided at a ratio of one space for every dwelling unit plus one space for every five dwelling units for use as guest parking. Standard parking spaces shall measure at least 9 feet by 18 feet, and handicapped spaces shall measure at least 8 feet by 18 feet with a minimum 5 feet wide shared access walk/ramp for regular spaces and with an 8 feet wide walk/ramp for van spaces or as permitted by TAS /ADA requirements. 8. Perimeter screening adjacent to residential districts shall be a 6 feet high masonry wall with no openings along the entire length of the eastern property line and a 6 feet high wood fence with masonry columns on 100 feet centers along the project (north) side of the drainage easement along the entire length of the south property line. Gates may be installed along the south fence to access the drainage easement/open space corridor. Security fencing along the north and west property lines (with nonresidential adjacency) may be of wood or combination of earthen berm, live screen and wood fence. 9. Catered group meals, medical services and other personal care may be provided within the common community center room as well as within individual dwelling units. 10. Access at Valentine Lane shall be for emergency vehicles only, by security methods approved by the City of Wylie Fire Department. 11. Retirement housing and its accessory uses shall be in conformance with the development standards set forth in the Development Plan. 12. Development of any use other than retirement housing and its accessory uses shall be in full accordance with the Community Retail zoning standards, and shall require approval of a site development plan. 13. The approved Development Plan shall serve as a Preliminary Plat for the retirement housing complex. I iUMMARY (FOR INFORMATIONAL PURPOSES ONLY) G Cil TING COMMUNITY RETAIL 14 1 POSED PO-RETIREMENT COMMUNITY 0 Q TING VACANT t�,,,K q POSED 150 UNIT RETIREMENT COMMUNITY Cd•C EA 7.643 AC. (332,924 SF) (ly 4 :'.. O AREA 119,475 SF(AIR-CONDITIONED) + r.,.. ..'.,, C EXTERIOR 180.864 SF(UNDER ROOF) :2 KING FACING MASONRY(STUCCO OR BRICK):80X PP ca HARDI-PLANK CEMENIITKXIS SIDING: 20% RTYARO FACING MASONRY(STUCCO OR BRICK):20X 11011 HARDI-PLANK CEMENTITIOUS SIDING:80% 8ARIA"1";IC CAP C-c;';-E: 0 LOT COVERAGE 19.3%(64,204 SF) C: 0 HEIGHT(3-STORY) "N : c,� MUNTTY CENTER 46' MAX. f R f 1. I ) 7'9 40' MAX. E (=BEDROOMS) 70 UNITS• 768 SF / (2 ��MS) 65 UNITS 0 894 SF j 1 �' (6 BEDROOMS) 15 UNITS O 1072 SF 150 UNITS I UIF ED 1 SP D.U. 150 SPACES I'�r 1 SP/5 D.U. . 30 SPACES PRCPOSEO TOTAL • 180 SPACES '/ CURB CUT ME ED 188 TOTAL[128 REG, 30 CARPORT, 30 GARAGE] t , `� Ulf HANDICAPEHANDICAPSPACES s_. 6 5� VICED HANDICAP 14 SPACES(5 REG, 7 VAN, I GARAGE, • 29 M ICHA LINE I CARPORT] _..... i ACE 54.6X (181,664 SF) ��55 ' .--. COVER 4S.4X (131,277 SF) } •• M A TC E 6'TALL M OUC R— T U�Y SEE I S EET C2 "ASCNRYCOLUMNS d, l.. 2. N , � Min _{µ._ oas ; rt / Ma 1 1 r I I f I M ws■ an- NO8 `' ` 9 I ,° It"' ��� [1.60[,, - +,3 C /. g� �� •.• K '1. I 1± �'-ill's ,� II, ii dd 44,_ III _1 N L.i.r j ro', ''.1 1 R 4 1 Ins Kt _• X Q 2' I G`i `1o.'"' F I• ....�m ,VICINITY MAP � Fes—w �: Ii4 1'-1000' Li _o ■ �' I e MAPSCO 10A-E1 O us rn '— PROP.6' FENCE M7LX1— y 1. w 3$ 4,4'41 PERIMETER fENCE IIS.'' .� 3 Z/MIASONRY COLUMNS .,.fp A U G 2 8 20 03 w = SPACED 1a1'.G 'I ��C 1.....<. ...I j 1.-t Cr 7 LLB v ... � P57ER ..... /. APPLICANT. CHURCHILL RESIDENTIAL w ..r '%1M I -- ---- - 2811 McKINNEY, SUITE 354 LB. 101 F. ..,,,;..-1, is, rNn _,—— j j' (214) 720 0430 F ... (214)720 0434 v.R.a4T. ATTN: TONY SISK 6 TALL MASONRY *25'Fr PERIMETER FENCE > < °Mt-ENGINFER: BURY+PARTNERS-OFW, INC. „ ``'� 1 53f0 HARVEST HILL ROAD, SUITE 100 o ''{ D DALLAS, TEXAS 75230 [— (972)991-0011 PH °' 1.. :t. \ ?" i ('T (972)991-0278 FAX L ATTN.: MICHAEL L CL.ARK, P.E. x /H/Frr ) l C i M/F and Independent Living Standards a /9(IS ca .S a a � o •GP m QP G � �� � � ,,,b. * Masonry 100% 90% 100% 80% 75% 100% 100% 75% 75% 75% 75% 25'-2 story 40'-2 story 35'-2 story Height 36 40' 35' 35' 36'-3 story 35' 50'- 3 story 31'to TP 35' 35' 40'-3 story Max# Stories 2 3 2.5 2 3 3 3 by district 2 3 3 1.5/unit+ 1/10 for 2/2br 1/unit+ 1/20 1 covered + Parking Req guests 2/unit 1.5 + .5/br 2.5/3br 2/unit 2/unit 2/unit for guests .5/br 2/unit 2/unit Sq. Ft./Unit 800 avg 500 min 800 avg 700 min 600 avg n/a Efficiency 600 500 600 N/A 500 1 BR 750 700 650 600 650 475 725 650 2 BR 900 900 800 800 900 725 825 800 3 BR 1000 1000 1000 1000 1050 N/A 1100 1000 Units per acre MF-1 15 12 16 12 15.5 15 12 12 12 45 MF-2 18 22 15 19 18 16 18 45 MF-3 18 20 25 45 Other Districts 36 21.5 P. -, ASSISTED LIVING RESIDENCES: A STUDY OF TRAFFIC & PARKING IMPLICATIONS 2°a Edition casHA AMERICAN SENIORS HOUSING ASSOCIATION 1850 M STREET,NW,SUITE 540 WASHING T ON,DC 20036 TELEPHONE:20219 74-2 3 0 0 FACSIMILE:202/77 5-0112 Au American Seniors Housing Association A Study of Traffic & Parking Implications 2' Edition Created in ;991 and based in Washington,DC.ASHA represents the interests of the larger and more prominent firms in the country participating in the seniors housing industry. ASHA's members are engaged in all aspects of the development and operation of congregate, assisted living, and continuin LI care retirement communities,including the building,financing,and management of such properties. For more information on the benefits of becoming a member of ASHA, as well as other research resources_ contact us at: ASHA 1850 M Street, NW, Suite 540 'Washington, DC 20036 Phone:202/974-2300 FAX: 202/7 7 5-0112 ASSISTED LIVING RESIDENCES:A STUDY OF TR.FFIC&PARKIN. IMPLICATIONS Table of Contents Introduction 1 Study Methodology 3 Traffic Generation Data 4 Parkins Generation Data 6 Key Findings 7 ASHA gratefully acknowledges the technical assistance provided by Fred M. Greenberg,P.E., Director of Transportation, Barakos--Landino Design Group,Meriden, CT. ©1998 rv, the American Seniors Housing Association All rights re<<•'-ed. 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Price:S50 net Plug r- -- - ASSISTED LIVING RESIDENCES.A STUDY OF TRAFFIC&PARKING IMPLICATIONS Introduction The elderly population(those individuals aged 65 Projected Elderly Population and olderl currently numbers 33.9 million, or ,00 12.8 percent of the U.S.population. U.S.Bureau H,ghest of the Census projections indicate by the year 80— —— — — Middy 2030, the elderly population will increase to about 70 million, or 20 percent of the U.S. o 60 Lowest population (see Figure 1). As the graying of America accelerates, zo policymakers will be forced to confront the long- term care needs of the elderly. It has been well , documented that as individuals age,their capacity 1990 2000 2010 2020 2030 2640 2050 for independent living diminishes. According to Figure 1 the most recent data available from the National soy U 5 8v eau vf the Census.65.in the United Stares Health Interview Survey,for example,more than half(54 percent)of the older population reported having at least one disability which limits them in carrying out activities of daily living (ADLs) (such as bathing, dressing, and eating). Likewise, the need for assistance with ADLs Percent Needing Assistance with ADLs,By Age increases significantly with age(see Figure 2). `5, Although the U.S. has historically relied on 20 nursing homes to provide long-term care, 20 '=';° :I spiraling costs and rising consumer discontent -iby 1 iLihave led policymakers and consumers to search ' 1s kl;: �, for less costly and more efficient long-term care g. t=` alternatives. U.S. General Accounting Office ▪ 10 s.e ;< 1 estimates that Medicaid nursing home disbursements,which serve as the primary public • s j F'4--1 f funding source for long-term care, cost tax s payers $24.2 billion in 1995 (the last year for 0 which data from all funding sources is available). FS-69 70-74 75-E4 85+ Medicare, a federalistateprogram, funded an Figure 2 additional $8.4 billion for nursing home care in Source:AAPP �rF'e a Ofoly Americans 1997 1995. I Rug - ASSISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARKING IMPLICATIONS One of the most promising long-term care options for seniors and their families is assisted living residences. Assisted living residences provide 24-hour care for seniors who need assistance with ADLs_but do not need the more costly continuous health care provided by nursing homes. Assisted living residences are a relatively new long-term care option that has met with strong consumer demand. The American Seniors Housing Association's most recent(1998)construction survey,for example. identified 460 assisted living residences(32,666 units)being built in the U.S.,accounting for three-fourths of all seniors housing under construction. Assisted living residences incorporate many appealing attributes:housing,hospitality services and health care. The hybrid nature of assisted living, however, has created some confusion about the impact of these residences on the surrounding community. Misperception abounds with regard to assisted living residences' traffic volume and parking requirements. This study,which is based on a more comprehensive sample than its predecessor(released in 1997),provides policymakers with an objective overview of assisted living traffic and parking. Rug 08 03 ASSISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARXING IMPLICATIONS Study Methodology In order to document the unique traffic and parking characteristics of assisted living residences,the American Seniors Housing Association examined and aggregated parking and traffic generationdata from professionally owned and managed assisted living residences located in nine states: Colorado, Florida. (:Tcorgia, Illinois, Massachusetts,New Jersey,New York, Ohio, and Texas. The data was then compared to traffic and parking data collected by the Institute of Transportation Engineers t I TE),' whose traffic and parking reports are considered the industry standard for a wide range of property types. ITE,however,does not provide data on assisted living traffic and parking characteristics. The revised edition of this report is based on a more comprehensive data set than the earlier report, and is believed to more accurately reflect assisted living traffic generation during peak weekday morning and evening hours. The assisted living residences examined contained an average of l09 units. Typically,assisted living residences dedicate at least 90 percent of their units for single-occupancy. Most of the units within the residences were similar to those in apartment communities and included kitchenettes, refrigerators. microwave ovens, sinks, and counter and storage space. Most residences also had significant common areas,including dining rooms, sitting rooms,lounges,libraries,beauty/barber shops,convenience stores,and exercise wellness rooms. The assisted living residences operated at or near full capacity; average resident age was 84. The average assisted living residence examined had a staff-to-resident ratio of one-to-two. Units were almost always rented. Fees for services were charged on an a la carte basis,or were included in the monthly rent. Services provided to residents varied,but typically included the following: • 24-hour protective oversight • Social and recreational activities ■ Meals_ including snacks and special diets • Transportation • Housekeeping ■ L eindry. ▪ On-call physician/nurse • E\erciseiwellness programs ■ Emergency call systems • Assistance with daily living activities such as bathing, dressing,and eating ■ Medication administration or reminders • Firer aid and medical care for minor ailments and conditions Trip .'.nneratton,6"Edition, Volume I of 3. Institute of Transportation Engineers, 1997; Pc,,6_r:,,g Generation,2"d Edition,Institute of Transportation Engineers, 1987. i 9 ASSISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARKING IMPLICATIONS Traffic Generation Data Traffic generated by assisted living residences was generally limited to trips by employee,visitor, service vendor, and resident vehicles. Employee Vehicles Employee -,-ehicles contributed over half (56 Assisted Living Residence percent) of all traffic volume generated by assisted Source of Trip Generation living residences (see Figure 3). Employee vehicle trips during. the weekday for all driving hours Visitor average 0.97 trips per unit. During the peak (29%) w'eekda\ morning hour, employee vehicles made an average of 0.10 trips per unit. During the peak weekday evening driving hour, employee vehicles service Employee made an average of 0.09 trips per unit(see Figure (15%) (stS�i 4). The moderate impact of employee vehicles on Figure a traffic volume is largely due to the fact that most SOutr.AngncanSeri rs ASsoclatton assisted living, employees are full-time staff. This limits the--in and out"activities associated with part-time staff. Additionally,because assisted living residences provide 24-hour protective oversight,employees are typically scheduled to begin and end their shifts during non-peak driving hours. Employees are often scheduled in three shifts:a morning shift from 7:00 a.m. to 3:00 p.m.; an afternoon shift from 3:00 p.m. to 11:00 p.m.;and a night shift from 11:00 p.m. to 7:00 a.m. Assisted Living Residence Traffic Generation Visitor Vehicles Peak Weekday Peak Weekday Weekday Visitor vehicles contribute over one-quarter A.M.Hour P.M.Hour E,,Pio,ec 0-10Junit 0.09/Unit 0.97,unit (29 percent)of all traffic volume generated by assisted living residences. On a typical Visitor 0.0S/unit 0 09/unit 0.5D/unit weekday,visitor vehicles made an average of Service 0.04/unk 0.03/unit 0.2151un It 0.50 trips per unit. During the peak weekday Total i 0.20/unit 0.21tun0 173/unit morning driving hour, visitor vehicles made Figure 4 an average of 0.06 trips per unit. During the Source An�n�rnr':or.rus„ovsingAssocialio.+ peak weekday evening driving hour, visitor vehicles made an average of 0.09 trips per unit. The impact of visitor vehicles on traffic vohune generated by assisted living residences is moderate, largely because visitor vehicles arrive and depart throughout the day on both weekdays and Ii+rn,,,indicated, the peak hour typically coincides with the peak hour of the adjacent street traffic. 4 P,ug 08 03 03: 22p -- • • -- - ASSISTED LIVING RESIDENCES:A STUDY OF TRAFFIC&PARKING IMPLICATIONS weekends.and do not fit the typical traffic(and parking)volumes generated by other housing types. which are usually highest during peak driving hours. Service Vehicles Service vehicles contribute l 5 percent of all traffic volume generated by an assisted living residence. On a typical weekday, service vehicles made an average of 0.26 trips per unit. During the peak weekday morning driving hour,service vehicles made an average of 0.04 trips per unit. During the peak weekday evening driving hour, service vehicles made an average of 0.03 trips per unit. The moderate impact of service vehicles on traffic volumes generated by assisted living residences is due,in part_to the fact that most service vendors are contracted and scheduled to arrive and depart during non-peak hours. Assisted living residences typically have trash removal Vehicle Ownership Per Unit scheduled daily; bulk food deliveries three times a week — two deliveries per week for meat and vegetable products and one delivery 2.oa------" per week for dairy products;medical supplies • delivered by a pharmacy are typically scheduled once a week, as are florist 0•9 deliveries; office supplies are typically scheduled once a month; hazardous 0.05 material/sharp object pick-up is typically S"to;,�.,,,.!.ems;ng- Apartment" As.slea Living Res.Oenca scheduled on demand, as are overnight Property Type shipments. U.S. mail, which is not Figure 5 contracted, is delivered six days per week. .Source:US_ the Census./99.1 Amenean Hausi g Survey. arnerican Resident Vehicles Resident vehicles did not contribute measurably to the traffic generation of the assisted living residences. This was generally due to three factors. First, most residents, due to physical and/or cognitive ;imitations, do not drive. The average number of resident vehicles was 0.05 per household. This is extremely low compared to other property types such as single-family homes and apartments t see Figure 5). Second,most of the assisted living residences in the sample were located in established residential areas in close proximity to public transportation services. Finally, each assisted living residence owned a van or mini-bus,which was used to provide resident transportation on a scheduled basis. Other Vehicles Although there is no known data available on the number of emergency vehicles dispatched by property type.anecdotal evidence suggests that one to two situations per month at an assisted living residence rnc.. require the dispatch of an ambulance and paramedics. The total demand placed on 5 F;6g 08 03 03: • ASSISTED LIVING RESIDENCES;A STUDY OF TRAFFIC&PARKIN LMPLICATIONS a community's emergency services by Traffic Generation Comparison by Property Type assisted living residences, however, is no higher than it would be if the residents lived Property TvD' I Peak Peak Weekday in non-service-enriched housing. In fact, Weekday Weekday A.M. Hour emergency service usage is probably lower 0.M.Hour P.M.Hour ture a Single-Fam'ly 0.75/unit 1.01lunit 9.57/unit Detached' because assisted living residences feaDetached' ttt wide-range of design considerations for the Lov+•Riso 0.61tunit 0.62Juntt 639hinit frail elderly that are generally not available in r other residential settings. HIga Hlgh•Rlse 0.34/unit 0.40/unit 4.Z0runit Apartment Hover 0.52/unit 0.61funit 6.23funit Traffic Generation Comparison Retirement 0.291unh 0.341.nit Not Available Community. Total traffic volume generated by assisted Assisted living 0.20/unit 0.21lunit 1.70tunit 1 living residences during a typical weekday Residence averaged 1.73 trips per unit. Total traffic volume generated by assisted living residences during the peak weekday morning Figure 6 driving hour averaged 0.20 trips per unit. 'Source:tna,:rr n•:•amponanen ErTi:.eers.hp Generation 6'EdiOon. Total traffic volume generated during the A,,,,,an s.,crr-,custn7 Association peak weekday evening driving hour averaged 0.21 trips per unit. Assisted living residences generate low traffic volumes compared to most other property types(see Figure 6). Low-rise apartment communities,for example,generate an average of 0.51 trips per unit during the peak weekday morning driving hour as compared to 0.20 trips per unit for assisted living residences. Parking Requirements by Property Type Parking Generation Data PrePertYType Peek Weekday Parking requirements for assisted living (.0wA11d•Risc Apartment' 1.0411nit residences are also low compared to other High-Rise ADarlrnertr 0-8etueit housing types. Based on the traffic data Convenben Hotel' 0.e1tunit examined, assisted living residences Retirement Community' 0271unit require 0.22 parking spaces during peak AsslstW Living Pnsdtmd 0-22Jvnit weekday driving hours.' The assisted living residences, however, typically provide an average of 0.56 parking spaces Figure 7 per unit, including on-site, disabled, Tawny"m0,,,,''^'a"a"°,E"°"ners.P iA9 Qe'"'.kn2".E`"..' reserved, and ancillary parking spaces. A/7,We,,5•nc-r 0,•!.7,:rreMn ' pnac; weekday driving hours for assisted living residences are between 7:00 a.m- and 3.00 p.m.;for most other resid-ntral property types,peak weekday driving hours extend to 6:00 p.m.. 6 parking regulations Amarillo Texas p Page 2 of 5 m. Institutions of a philanthropic nature - Ten (10) spaces plus one (1) space for each employee; n. Library or museum - Ten (10) spaces plus one (1) for each three hundred (300) square feet of Floor Area; o. Manufacturing, processing and repairing - One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of Floor Area, whichever is greater; p. Offices, general - One (1) space for each four hundred (400) square feet of Floor Area; q. Recreational, private or commercial area or building (other than listed) - One (1) space for every four (4) persons to be normally accommodated in the establishment; r. Restaurant or cafeteria - One (1) space for each forty-five (45) square feet of usable seating area; s. Retail or personal service - One (1) space for each two hundred (200) square feet of Floor Area; t. School, elementary or junior high - One (1) space for each classroom plus one (1) space for each four (4) seats in any auditorium, gymnasium or other place of assembly; u. Storage or warehousing - One (1) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of Floor Area, whichever is greater; v. Theaters, meeting rooms and places of public assembly - One (1) space for every three (3) seats; Theaters with over 10 movie screens - One (1) space for every three and one-half(3.5) seats; W. Commercial and industrial uses not listed in a. through v. above - One (1) space per each five hundred (500) square feet of gross Floor Area or one (1) space per each two (2) employees, whichever is greater; x. Tavern, lounge or private club - One (1) space for each forty-five (45) square feet, including balconies, of usable Floor Area; y. Flea markets - One (1) space for each two hundred (200) square feet of leasable area including customer circulation areas and display areas; z. Furniture or carpet stores - One (1) space for each four hundred (400) square feet of Floor Area; aa. Apartment complexes for the elderly - Three-quarters of a space for each Dwelling Unit. (3) Special Off-Street Parking regulations are as follows: a. In computing the parking requirements for any Building or Development, the total parking requirements shall be the sum of the specific parking space requirements for each class of use included in the Building or Development. b. In the R-1, R-2, R-3, MD, MF-1, MF-2, 0-1, 0-2 and NS Districts, no lot area, no parking space, Garage or Carport or other automobile storage space or Structure shall be used for the storage of any truck, truck trailer or van except panel and pickup trucks not exceeding one (1) ton capacity according to the manufacturer's classification. Any such vehicle so parked after having been placarded with a notice httn•//\Vn\nu tv nQIAAanartmante/nlnnninn/-nn;nc,/rvorlrinrr htm QK -7 �nn2 Page 29 of 349 /d6 / 0/U Steeple. A tall ornamental structure; a tower, composed of a series of stories of diminishing size, and topped by a small pyramid, spire, or cupola. (Amend Ord 97-89, 06/24/97) Storage. The retention and housing of goods, wares and merchandise preliminary to the sale or use thereof. As such term is applied to outside storage, if at the location of retail sale, rental or lease, the exhibition of goods, wares or merchandise for a period of more than one business day. Storage, Dead. Inactive storage for inanimate stable materials which are neither volatile, combustible, noxious, explosive or dangerous. Story. That portion of a building between the surface of any floor and the surface of the floor next above it, or if there is not floor above it, then the space between the floor and the ceiling next above. Story, Half. A story under a gable, hip or gambrel roof, the wall plates of which are on at least two exterior walls not more than two feet above the floor of such story. Street. Any public thoroughfare dedicated to the public use and not designated as an alley or private access easement. Structural Addition. Any new construction which includes the construction of a new foundation and increases the overall square footage of the structure or serves to increase the overall height of the structure. Structural addition shall not be interpreted to include renovations, remodeling, replacement or similar construction resulting from routine maintenance or cosmetic alterations to an exempt structure or reconstruction of such structure in the case of casualty loss. Structure. An object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, poles, water towers, cranes, smokestacks, earth formations and overhead transmission lines. (Amend Ord 98-41, 03/24/98) Stucco. Exterior portland cement plaster constructed as specified in the Construction Chapter of the Code of the City of Arlington. --)Supervised Living Facility. A residential facility of three or more dwelling units providing living quarters restricted to individuals who require access to services but not daily nursing or medical intervention. Incidental uses and/or services may include protective supervision, personal care, social and recreational services, assistance with medical requirements, laundry and transportation service, private or common kitchens/dining facilities, as long as such services are provided to residents only. Swimming Pool, Spa and Accessory Sales and Service. A facility or area for the sales, general repair and maintenance of swimming pools or spas and accessories including but not limited to outdoor furniture, mechanical equipment, and chemicals. "T" District. The Transition Overlay District established under Article IX. "TH" District. The Townhouse District established under Article VII. Teen Club. A "nightclub" which caters to teenage patrons. Telecommunications. The transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing, without change in the form or content of the Page 295 of 349 university 4. Public assembly 1 Four seats hall with fixed seating 5. Public assembly 1 100 sq. ft. of floor hall without fixed area seating 6. Church 1 Four seats in See Section 15- sanctuary or 300(A)(2) auditorium 7. Kindergarten, day 1 Eight pupils nursery. day care 8. Nursing Home 1 Six beds 9. Hospital 1 1/2 Bed 4 10. Supervised living 1 11/2 Dwelling Unit facility 11. Library 1 350 sq. ft. of public area 12. Fraternity or 1 200 sq. ft. of floor sorority area 13. Student religious 1 250 sq. ft. of floor center area • 14. Mortuary, funeral 1 Four seats in chapel chapel C. RECREATION, SPECIAL ENTERTAINMENT 1. Theater 1 Four seats 2. Bowling alley 6 Lane 3. Pool halls, coin- 1 100 sq. ft. of floor machine arcades, • area other commercial amusements (indoor) 4. Commercial 1 600 sq. ft. of site amusements area exclusive of (outdoors) building 5. Ballpark, stadium 1 Eight seats . 6. Lodge, fraternal 1 200 sq. ft. of floor organization area D. PERSONAL SERVICE AND RETAIL 1. Retail stores, 1 300 sq. ft. of floor Medical/dental, shopping centers, and area restaurants, .. ,,, , ,• n ,• Winn,nnnni 1 . n . Win'7 In nn", Page 35 of 61_ (C) The owner of a developed property or property with a released unexpired site plan on March 11, 1996, may reserve not more than 40 percent of the allowed parking spaces for compact parking spaces if the director determines that the increase is necessary to comply with the accessibility standards of the Americans With Disabilities Act or the accessibility standards of the Uniform Building Code. Source: Section 13-5-98. §25-6-478 PARKING FOR MIXED USE DEVELOPMENTS. (A) This section applies to parking for motor vehicles and bicycles. (B) A person may request an adjustment to the parking requirement for separate uses located on one site or for separate uses located on adjoining or nearby sites and served by a common parking facility. (C) To apply for an adjustment under this section, an applicant must submit to the director a site plan and transportation engineering report addressing the following: (1) the characteristics of each use and the differences in projected peak parking demand, including days or hours of operation; (2) potential reduction in vehicle movements resulting from the multi-purpose use of the parking facility by employees, customers, or residents of the uses served; (3) potential improvements in parking facility design, circulation, and access resulting from a joint parking facility; and (4) compliance with shared parking guidelines in the Transportation Criteria Manual. (D) In determining whether to approve an adjustment under Subsection (B), the director shall consider the factors included in Subsection (C). (E) A decision of the director under this section may be appealed to the Land Use Commission. The decision of the Land Use Commission may be appealed to the City Council. (F) A parking space subject to adjustment under this section must be located in a parking facility that provides similar use availability for all uses that the parking facility is intended to serve. (G) The director shall determine the type of bicycle spaces required for a mixed use development - at the time that the director determines the bicycle parking requirement under this section. Source: Sections 13-5-100 and 13-5-102(a)(2); Ord. 010607-8. \ —'-- §25-6-479 REDUCED PARKING FOR RETIREMENT HOUSING. / (A) This section provides for the reduction in required parking for a retirement housing use to an amount below the base requirements of Appendix A (Tables Of Off-Street Parking Ana'Loading Requirements). (B) For a retirement housing use: Page 36 of 61 (1) that is within 500 feet of a retail center with a food sales, personal services, or general retail use, the director may reduce the base parking requirement by 10 percent; (2) that is within 500 feet of a transit route offering service at least 12 hours each day, the director may reduce the base parking requirement by five percent; (3) that is served by a private bus or van, the director may reduce the base parking requirement by 10 percent; (4) that provides meal service to all the residents, the director may reduce the base parking requirement by five percent; and (5) that provides housekeeping services to all residents, the director may reduce the base parking requirement by five percent. (C) This subsection applies if multiple reductions in the parking requirements are applicable under Subsection (B). After the initial reduction is calculated, each subsequent reduction shall be calculated based on the parking requirement resulting from the previous reduction. (D) If parking requirements are reduced under this section, the site plan must show the location of an off-street parking expansion area large enough for the site to comply with the parking requirement without a reduction. (1) An expansion area may not be located in a required landscape area. (2) Up to 50 percent of the required open space may be used as an expansion area. (E) The owner or operator of a retirement housing use shall provide an affidavit to the building official indicating the number of automobiles belonging to occupants of each dwelling, unit not later than the third day after a written request is received from the building official. (F) If the building official determines that the number of cars belonging to the occupants of a retirement housing use exceeds the number of off-street parking spaces provided: (1) the building official shall require that the owner or operator construct enough off-street parking spaces in the designated expansion area to accommodate the occupants' vehicles; and (2) the owner or operator shall construct the additional off-street parking spaces required under this subsection within 90 days of receiving notice of the requirement. Source: Section 13-5-107. DIVISION 2: OFF-SITE PARKING §25-6-501 OFF-SITE PARKING ALLOWED. (A) As part of the site plan review process, the director may approve the location of all or a portion of the required or excess parking for a use on a site other than the site on which the use is located if: (1) both the primary use and accessory parking are located in a general office (GO) or less .ii. n o Page 60 of 61 activities within hotel-motel having more than 250 rooms: General retail 90% of the parking 1% B services required for retail services under this appendix Other uses or 50% of the parking 1% B activities required for the other use or activity under this appendix SCHEDULE M BICYCLE FACILITY TYPE REQUIREMENT: Category Type Requirement A One-half of bicycle spaces must be at least be Type II spaces and the remaining half at least Type I spaces, as described in the Transportation Criteria Manual. B All bicycle spaces must be at least Type II spaces, as described in the Transportation Criteria Manual. C One-half of bicycle spaces must be at least Type II spaces, and the remaining half at least Type III spaces, as described in the Transportation Criteria Manual. SCHEDULE IN OFF-STREET PARKING REQUIREMENTS FOR A RETIREMENT HOUSING USE Dwelling Unit Size Spaces Per Unit(Base Requirement) Efficiency 1.0 One bedroom 1.25 Two or more bedrooms 1.5 Source: Section 13-5-107; Ord. 990520-38; Ord. 000511-109; Ord. 000831-65; Ord. 010426-48. Disclaimer: The Technical Criteria Manuals and/or any other documents that appear on this site may not reflect the most current legislation adopted by the City of Austin,Texas.American Legal Publishing Corporation provides these manuals for informational purposes only.These manuals should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy.The official printed copy of the Technical Criteria Manuals should be consulted prior to any action being taken. For further information regarding the official versions of the Technical Criteria Manuals or other documents posted on this site,please contact the City of Austin,Texas directly or contact American Legal Publishing toll-free at 800-445-5588. ©2002 American Legal Publishing Corporation techsupport@amlegal.com http://www.amletal.com/austin nxt/eateway.dll/Texas/Austin/code00000_htm/vnli,mennl R/77/7flf; • •LD4 /n _1 S § 51A-4.209 Dallas Development Code: Ordinance No.19455,as amended § 51A-4.209 (i) more than five guest rooms use, which is defined as a separate main use in with living and sleeping accommodations, but no Section 51A-4.204(8). kitchen or kitchenette; (B) Districts permitted: By right in (ii) more than five guest rooms CH, multifamily, central area, and mixed use with living, sleeping, and kitchen or kitchenette districts. By SUP only in townhouse and urban facilities that are offered for rental on a daily basis; corridor districts. or (C) Required off-street parking: 0.7 (iii) more than five guest rooms spaces per dwelling unit or suite, plus one space per with living and sleeping accommodations, each of 300 square feet of floor area not in a dwelling unit or which is individually secured and rented separately suite. If more than ten off-street parking spaces are to one or more individuals who have access to required for this use, handicapped parking must be bathroom, kitchen, or dining facilities outside the provided pursuant to Section 51A-4.305. guest room on a common basis with other occupants of (D) Required off-street loading: the structure. (B) Districts permitted: By right in SQUARE FEET 1U1 L E a�TDDs FLOOR AREA IN STRI'Cll'RF SPAT MF-2(A), MF-2(SAH), MF-3(A), MF-4(A), central NONE area, and mixed use districts when located at least 0 to 50,000 50,000 to 100,000 1 one mile, measured from property line to property loo,000 to 300,000 2 Each additional 200,000 1 additional line, from all other residential hotel uses. or fraction thereof (C) Required off-street parking: 0.5 (E) Additional provisions: spaces per guest room. If more than ten off-street parking spaces are required for this use, handicapped (i) In these regulations: parking must be provided pursuant to Section 51A-4.305. (a a)ELDERLY RESIDENT means a resident that is 55 years of age or older. (D) Required off-street loading: None. (bb) SUITE means one or more rooms designed to accommodate one family containing (E) Additional provisions: living, sanitary, and sleeping facilities, but not containing a kitchen. (i) This use is subject to the regulations in Article V of Chapter 27 of the Dallas (ii) In townhouse, CH, and City Code, as amended. multifamily districts, this use is subject to the following density restrictions: (ii) For a use holding an occupancy record card pursuant to Chapter 27 on MAXIMUM NO.OF August 10, 1994, the nonconformity as to the minimum ZONING DISTRICT DWELLING UNTIS ORr aSSIFICATION SUITES PER NET ACRE distance requirement set out in Subparagraph (B) does 1rA) 25 not render it subject to amortization by the board of TH-TH-2(A)and TH-3(A) 35 adjustment. CH 40 NfF-1(A)and MY-1(SAH) 45 MF-2(A)and MF-2(SAH) 55 (5.2) Retirement housing. MF-3(A) 90 MF-tiA) 160 (A) Definition: A residential facility (iii) Except as otherwise provided principally designed for persons 55 years of age or older. This use does not include a "convalescent and in Subparagraphs (iv) and (v), each occupied nursing homes, hospice care, and related institutions" dwelling unit or suite must have at least one elderly Dallas City Code 220 9/01 § 51A-4.209 Dallas Development Code:Ordinance No.19455,as amended § 51A-4.209 resident. Failure to comply with this provision shall districts. By right as a restricted component of a result in the facility being reclassified as another building in the GO(A) district. [See Section residential or lodging use. 51A-4.121(d).] (iv) One dwelling unit or suite (C) Required off-street parking: One may be designated as a caretaker unit whose space in R-7.5(A), R-5(A), and TH districts; two occupants are not subject to the age restriction in spaces in all other districts. No handicapped parking Subparagraph (iii). is required. (v) Those persons legally re- (D) Required off-street loading: siding with an elderly resident at the facility may None. continue to reside at the facility for a period not to exceed one year if the elderly resident dies or moves (E) Additional provisions: out for medical reasons. The board may grant a • special exception to authorize an extension of the (i) The board of adjustment may length of time a person may continue to reside at the grant a special exception to authorize an additional facility if the board finds, after a public hearing, dwelling unit in any district when, in the opinion of that literal enforcement of this provision would the board, the additional dwelling unit will not: result in an unnecessary personal hardship. In determining whether an unnecessary personal (aa)be used as rental hardship would result, the board shall consider the accommodations;or following factors: (bb) adversely affect (a a)The physical limita- neighboring properties. tions of the resident, if any. (ii) In granting a special (bb) Any economic constraints exception under Subparagraph (i), the board shall which would make it difficult for the resident to require the applicant to deed restrict the subject relocate. property to prevent use of the additional dwelling unit as rental accommodations. (cc) Whether the resident is dependent on support services or special amenities (iii) Except for the foundation, a provided by the retirement housing project. dwelling unit must be physically separable from contiguous dwelling units in the event of removal of a (dd)Whether there are any dwelling unit. Each party wall must be governed by a alternative housing or market constraints which set of deed restrictions, stipulating that if a dwelling would impair the ability to relocate. unit is removed, the party wall stays with the remaining dwelling unit. (vi) No use with exterior advertising or signs may be considered accessory to (iv) Each dwelling unit must this use. have separate utility services; however, general utility services on land owned and maintained by a (6) Single family. homeowner's association is allowed. (A) Definition: One dwelling unit (v) In a single family, duplex, or located on a lot. townhouse district, a lot for a single family use may be supplied by not more than one electrical utility (B) Districts permitted: By right in service, and metered by not more than one electrical agricultural, single family, duplex, townhouse, CH, meter. The board of adjustment may grant a special MF-1(A), MF-1(SAH), MF-2(A), MF-2(SA H), exception to authorize more than one electrical MH(A), central area, MU-1, and MU-1(SAH) utility service or more than one electrical meter on a Dallas City Code 221 9/01 DeA/ TO iV Subchapter 14 Development Code 1. Single family dwellings. Two (2) spaces per dwelling unit; the spaces can not be tandem parking spaces. 2. Mixed density dwellings or manufactured housing. a. Studio units or 1-bedroom units less than 500 sq. ft. 1.00 space/unit. b. 1-bedroom units 500 sq. ft.or larger 1.50 spaces/unit. c. 2-bedroom units 1.75 spaces/unit. d. 3-bedroom 2.00 spaces/unit. e. 4 bedroom and more 1.00 space/bedroom. f. Retirement complexes for seniors 55-years or greater 1.00 space/unit. 3. Clubs, fraternity and sorority houses, rooming and boarding houses, dormitories. Two (2) spaces for each three (3) guest rooms; in dormitories, one hundred (100) square feet shall be equivalent to a guest room. 4. Hotels and motels. One (1) space for each guest room, plus one (1) space for the owner or manager. Any convention facilities, restaurants, and other facilities shall be computed for their individual parking demand,subject to the reduction for mixed uses contained in this Chapter. 5. Manufactured housing developments. Additional parking requirements arc as established in Chapter 35.9. 6. Residential Subdivisions. Parking requirements are as established in Subchapter 13. B. Commercial Uses. 1. Auto, boat or trailer sales, retail nurseries and other open-space uses. One (1) space per one thousand(1,000) square feet of the first ten thousand(10,000) square feet of gross land area;plus one (1) space per five thousand(5,000) square feet for the excess over ten thousand (10,000) square feet of gross land area;and one(1)per two (2)employees. 2. Bowling Alleys. Three (3) spaces per alley,plus additional spaces for auxiliary activities set forth in this section. 3. Business,general retail, person services. General - one (1) space for three hundred (300) square feet of gross floor area. Furniture and appliances -one (1) space per seven hundred fifty(750) square feet of gross floor area. 4. Chapels and mortuaries. One (1) space per four(4) fixed seats in the main chapel. 5. Offices. Medical and dental - one (1) space per three hundred fifty (350) square feet of gross floor area. General-one(1) space per four hundred fifty(450) square feet of gross floor area. 6. Restaurants,bars,ice cream parlors and similar uses. One (1) space per four (4) seats or one (1) space per 100 sq. ft. of gross leasable floor area,whichever is less. A minimum of three (3) spaces is required. 7. Skating rinks, One (1) space per three-hundred fifty(350) sq. ft.of gross building area. 8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One (1) space per four (4) seats. C. Industrial Uses. 1. Industrial uses, except warehousing. One (1) space per seven hundred (700) square feet of gross floor area or for each two(2)employees on the largest shift,whichever is less. 150 08/27i2003 15:40 9724247550 CARLSON TRAVEL PAGE 01 AUG-27-2003 WED 03:26 PM CITY OF PLANO PLAN DEPT FAX NO. 9(2 y41 (3db uc PG N/\/C) ARTICLE 3-SUPPLEMENTARY REGULATIONS rNousehold Care Institution One space for every three rooms { or beds,whichever is greater. Independent Living Facility (ZC One space per dwelling unit. 2000-83;Ordinance Ne.2000-11-30) Library or Museum Ten spaces plus one space for each 300 square feet of floor area. Long-Term Care Facility (ZC 2000- One space for each two rooms or 83;Ordinance No.2000-11-30) beds,whichever is greater. —^ Manufacturing, Processing. or One ioysspace for one spaceeach foreachtwo Repairing 1,000 square feet of floor area, whichever is greater. Massage Establishments One space for each 200 square 1 feet of floor area. Mini-Warehouses ( One space for each 20 storage cubicles, plus required parking for the office and caretaker's quarters. Parking spaces to be • rented shall not be included in this requirement. Mortuary One space for each two persons normally accommodated in services or one space per 200 square feet,whichever is greater. Nursery One space for each 300 square feet of floor area plus one space for each 5,000 square feet of { exterior sales area. (ZC 92-55; Ordinance#92-9-1) Office,General One space for each 300 square feet of floor area or 1:400 parking ratio with the following requirements: a. Single tenant office building of a minimum of 200,000 gross square feet. b. Does not exceed 0.30:1. c. Approval of a site plan showing where additional parking can be added if necessary. CITY OF PLANO 3-71 ZONING ORDINANCE 12/02 i / MI (( \ s y s L I Mite,VL IIMa I ' C / 41'1 1 A r��pg}aa�y, �.�y� _ y�_ar a�/� / \ -ti f�f Y 51�.xk.�+ �r t hx4F n.'. 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O ® ® °toneybxroxok. •Pail.. >E-1( L°1 1 I(1)I 11 1r I )(- NO a; St 2c foo 3 - 1I - -� �� I — 500 NOTIFICATION REPORT APPLICANT: Churchill Residential APPLICATION FILE #2003-11 2811 McKinney,Suite 354 LB 101 Dallas,Tx. 75204 # ( BLK/ABST I LOT/TRACT 1 TAX I.D. # I PROPERTY OWNER NAME I ADDRESS ( Applicant-Tony Sisk 2811 McKinney,Suite 354 LB 101 Churchill Residential Dallas,Texas 75204 1001 S.Hwy 78 TV56 Wylie MHP 2 --- Lot 56 M-5020-000-056E-1 Bill Day Wylie,Texas 75098 1001 S.Hwy 78 Tlr 57 Wylie MHP98 75 Te xas 0 3 --- Lot 57 M-5020-000-057C-1 Cecil Hamilton 1001 Wylie,S. Hwy 78 0 81 Wylie MHP42 098 4 --- Lot 81 M-5020-000-081 C-1 Kay Howell Wylie,PO Box Texas 1 75 5 Wylie MHP Wylie,5 --- Lot 82 M-5020-000-082C-1 Helen Mills Wylie, e Texas wy 78s 750 0Tir 83 Wylie MHP 1001 S.Wylie,Texas 75098 6 --- Lot 83 M-5020-000-083E-1 Daniel Rushing 1001 S.Hwy 78 Tir 84 Wylie MHP 7 --- Lot 84 M-5020-000-084D-1 Ricky Montgomery Wylie,Texas 75098 275 E.FM 544 Wylie MHP 8 --- Lot 85 M-5020-000-085B-1 Edwina Cook Wylie, 098 1 S.Hwy 78 Texas 75 098 Wylie MHP Ile Texas 75098 9 --- Lot 86 M-5020-000-086E-1 Mary Jaral Wylie, Box 578 Wylie MHP Wylie,Texas 75098 10 --- Lot 87 M-5020-000-0870-1 The Collins Property 1001 S.Hwy 78#88 Wylie MHP 11 --- Lot 88 M-5020-000-088A-1 Irene Wolford Wylie, 098 S.Hwy 78 Texas 75 098 10 #89 Wylie MHP Theon Ford Wylie,Texas 75098 12 ___ Lot 89 M-5020-000-089A-1 100 Lakefront Drive Wylie MHP 13 --- Lot 90 M-5020-000-0900-1 Lisa Keith Wylie, 98 1001 S.Hwy 78 Texas 75090 Wylie MHP 75098 14 --- Lot 91 M-5020-000-091 C-1 Lauretta Kimberlin Wylie,Texas 1001 S. Hwy 78#92 Wylie MHP 15 --- Lot 92 M-5020-000-092A-1 Mike Phelps Wylie, 98 1 S. Hwy 78 Texas 75092 Wylie MHP Wylie,Texas 75098 16 --- Lot 93 M-5020-000-092A-1 Mike Phelps 1001 S.Hwy 78#104 Wylie MHP 17 --- Lot 104 M-5020-000-104A-1 Peggy Terwort Wylie,Texas 7509806 Dogwood Trail Wylie MHP 18 --- Lot 105 M-5020-000-105E-1 Mary Dean Rowlett,Texas 75088 Holland Hitch Addn Ten Gallon Land Company 1301 Martinez Lane C7' 19 --- Lot 1 R-4853-000-0010-1 c/o Holland Hitch of Texas Wylie,Texas 75098 Holland Hitch Addn Ten Gallon Land Company 1301 Martinez Lane eili 20 --- Lot 2 R-4853-000-0020-1 c/o Holland Hitch of Texas WylO He le Texas, 78 North98 Westwind Meadows 21 Blk 4 Lot 4 R-1179-004-0040-1 City of Wylie PO Wylie, Box Texas 75 rth Westwind Meadows 4102 22 Blk 1 Lot 1 R-1179-001-0010-1 Timothy Long Redondo Beach,CA 90277-1745 Westwind Meadows 602 Willow Way 23 Blk 1 Lot 2 R-1179-001-0020-1 Stephen Stalcup Wylie,Texas 75098 Westwind Meadows 600 Willow Way 24 Blk 1 Lot 3 R-1179-001-0030-1 Richard Riggs Wylie,Texas 75098 Westwind Meadows 4711 Canvasback Lane 25 BIk 1 Lot 4 R-1179-001-0040-1 Larry Fish Sachse,Texas 75048-3965 Westwind Meadows 2 PO Box 56 26 Blk 4 I Lot 4A ( R-1292-004-004A-1 Wylie Supermarkets Inc, Wylie,Texas 75098 Westwind Meadows 2 PO Box 4102 27 Blk 1 I Lot 24 I R-1292-001-0240-1 Timothy Long Redondo Beach,CA 90277-1745 Westwind Meadows 2 608 Willow Way 28 BIk 1 I Lot 25 I R-1292-001-0250-1 Peggy Tsukahara Wylie,Texas 75098610 Way Westwind Meadows 2 Wylie,Willowllos Way 29 Blk 1 I Lot 26 I R-1292-001-0260-1 Edward Wanner612 Texas Way 75098 Westwind Meadows 2 Willow Way 30 Blk 1 I Lot 27 I R-1292-001-0270-1 Dudley Davis Wylie,Industrial 75098e Westwind Meadows 2 31 Bik 1 I Lot 28 I R-1292-001-0280-1 Dale Swanson Sachse,Texas. 75048-3150 Westwind Meadows 2 616 Willow Way 32 Blk 1 I Lot 29 I R-1292-001-0290-1 Cal Flores Wylie,Texas 75098 Westwind Meadows 2 618 Willow Way 33 BIk 1 I Lot 30 I R-1292-001-0300-1 Eileen Krel Wylie,Texas 75098 Westwind Meadows 2 620 Willow Way 34 Blk 1 I Lot 31 I R-1292-001-0310-1 Bradley Durham Wylie,Texas 75098 Westwind Meadows 2 622 Willow Way 35 Blk 1 I Lot 32 I R-1292-001-0320-1 Jeffrey Hurse Wylie,Texas 75098 Westwind Meadows 2 2804 Landershlre Lane 36 BIk 1 I Lot 33 I R-1292-001-0330-1 Gary Wiltrout Plano,Texas 75023-79248322 Club Meadows Drive Westwind Meadows 2 37 BIk 1 I Lot 34 I R-1292-001-0340-1 Frederick Hirschler Dallas, Texas as 757420 2 Westwind Meadows 2 Willow IxoWay s Way 38 Blk 1 I Lot 35 I R-1292-001-0350-1 Cassandra West Wa Wy y 5098 Westwind Meadows 2 630 39 BIk 1 I Lot 36 I R-1292-001-0360-1 Gary Patrick Wylie, Willow PO Box Texas 1 75098 Westwind Meadows 2 71 40 Blk 1 I Lot 37 I R-1292-001-0370-1 Derald Ackles Wylle, Texas y Wa 75098 634 Willow Westwind Meadows 2 Texas 41 Blk 1 I Lot 38 I R-1292-001-0380-1 Leroy Baca Wylie, 75098 Westwind Meadows 2 636 Willow Way 42 Blk 1 I Lot 39 I R-1292-001-0390-1 Steven Gillispie Wylie,Texas 75098 Westwind Meadows 2 638 Willow Way 43 BIk 1 1 Lot 40 I R-1292-001-0400-1 Hubert Gore Wylie,Texas 75098 Westwind Meadows 2 640 Willow Way 44 Bik 1 I Lot 41 I R-1292-001-0410-1 Audelio Morales Wylie,Texas 75098 Wesfwind Meadows 2 642 Willow Way 45 Blk 1 I Lot 42 I R-1292-001-0420-1 Jeffrey Tillman Wylie,Texas 75098 Westwind Meadows 2 George Family Living Trust 632 Stoneybrook Drive 46 Blk 1 I Lot 43 I R-1292-001-0430-1 c/o Charles George Wylie,Texas 75098 Westwlnd Meadows 2 634 Stoneybrook Drive 47 Bik 1 I Lot 44 I R-1292-001-0440-1 Charleen Christopher Wylie,Texas 75098 Westwind Meadows 2 636 Stoneybrook Drive X 48 Blk 1 I Lot 45 I R-1292-001-0450-1 Leslie Mullins Wylie,Texas 75098 Westwind Meadows 2 638 Stoneybrook Drive 49 Bik 1 I Lot 46 I R-1292-001-0460-1 Floyd Bratcher Wylie,Texas 75098 Westwind Meadows 2 PO Box 359 50 Blk 1 I Lot 47 I R-1292-001-0470-1 Castle Ridge Homes Rowlett, owie Stoneybrook 0-03359 Westwind Meadows 2 Wylie,642 Texas 75098 Drive 51 Blk 1 I Lot 48 I R-1292-001-0480-1 John Zimmermanh31 Texas Way Westwind Meadows 2 Willow Way 52 Bik 8 I Lot 1 I R-1292-008-0010-1 David Goad Wylie,630 StoneTeybrook 75 98e Westwind Meadows 2 53 Bik 8 Lot 2 R-1292-008-0020-1 Donald Osborne Wylie, 75098 607 Valentine Texas 09 e Holliday Terrace#1 54 Bik 3 Lot 1 R-1163-003-0010-1 Frank Prater 605Wy Valentine L ile,Texas 750989 Holliday Terrace#1 e 55 Blk 3 Lot 2 R-1163-003-0020-1 Joe Martinez 603 Valentine Wylie,Texas 75098L09 Holliday Terrace#1 098 e 56 Blk 3 Lot 3 R-1163-003-0030-1 David Smith 10 ValentineIle,Texas 7509e Holliday Terrace#1 6le,Texas 75098 57 Bik 3 Lot 4 R-1163-003-0040-1 Helen Rogers WyI Mardi Gras Lane Holliday Terrace#1 58 BIk 1 Lot 7 R-1163-001-0070-1 Frances Simmons 902lie,Texas Gras l098 Holliday Terrace#1 Texas 75098 ane 59 Bik 1 Lot 8 R-1163-001-0080-1 Lois Leopard Wylie,Mardi Gras Lane Holiday Terrace#1 Stella Boecker 904 60 BIk 1 Lot 9 R-1163-001-0090-1 c/o James Blakey Wylie,Texas 75098 Holliday Terrace#1 906 Mardi Gras Lane 61 BIk 1 Lot 10 R-1163-001-0100-1 Dorothy May Wylie,Texas 75098 Holliday Terrace#1 121 Brockway Drive 62 BIk 1 Lot 11 R-1163-001-0110-1 Hal Portman Rockwall, Texas 75032-5602 Holliday Terrace#1 ras Lane 63 BIk 1 Lot 12 R-1163-001-0120-1 DW Ward 1000 Mardi Wylie,Texas 7509898e Holliday Terrace#1 Gras 64 Blk 1 Lot 13 R-1163-001-0130-1 Atha Wigington Wy1002 Mardi ile,Texas 75098Gras Lane Holliday Terrace#1 Texas 75098 65 BIk 1 Lot 14 R-1163-001-0140-1 Pedro Estrada Wylie, Holliday Terrace#1 PO Box 21 7 X 66 Blk 1 Lot 15 R-1163-001-0150-1 Sarah Bartholomew Wylie,Texas 75098 Holliday Terrace#1 1006 Mardi Gras Lane 67 Blk 1 Lot 16 R-1163-001-0160-1 Jennifer Boston Wylie,Texas 75098 Holliday Terrace#1 1008 Mardi Gras Lane 68 Blk 1 Lot 17 R-1163-001-0170-1 Bobby Sadler Wylie,Texas 75098 OHolliday Terrace#1 1421 Harlin Drive 69 Blk 1 Lot 18 R-1163-001-0180-1 John Crowe Sr. Wylie,Texas 75098 Holliday Terrace#1 600 Valentine Lane 70 Blk 1 Lot 19 R-1 163-001-0190-1 Gregory Hines Wylie,Texas 75098 Holliday Terrace#1 602 Valentine Lane 71 Bik 1 Lot 20 R-1 163-001-0200-1 Kevin Zabclk Wylie,Texas 75098 Holliday Terrace#1 508 Valentine Lane 72 Blk 2 Lot 20 R-1163-002-0200-1 Joann Gibson Wylie,Texas 75098 Holliday Terrace#1 1009 Mardi Gras Lane 73 Blk 2 Lot 21 R-1163-002-0210-1 Sandra Messinger Wylie,Texas 75098 Holiday Terrace#1 1007 Mardi Gras Lane 74 Blk 2 Lot 22 R-1163-002-0220-1 Stanley Schultz Wylie,Texas 75098 OHolliday Terrace#1 1421 Harlin Drive 75 Blk 2 Lot 23 R-1163-002-0230-1 John Crowe Sr. Wylie,Texas 75098 X Holliday Terrace#1 1003 Mardi Gras Lane 76 Bik 2 Lot 24 R-1163-002-0240-1 Mary Bradley Wylie,Texas 75098 Holliday Terrace#1 PO Box 273 77 Bik 2 Lot 25 R-1163-002-0250-1 Clara Carr Wylie,Texas 75098 Holliday Terrace#1 911 Mardi Gras Lane 78 Blk 2 Lot 26 R-1163-002-0260-1 James Mangan Wylie,Texas 75098 Holliday Terrace#1 909 Mardi Gras Lane 79 Blk 2 Lot 27 R-1163-002-0270-1 Anthony Ganos Wylie,Texas 75098 Holliday Terrace#1 311 Willow Wood Street 80 Bik 2 Lot 28 R-1163-002-0280-1 Ralph Rozier III Plano,Texas 75094-3523 Holliday Terrace#1 5930 Billingsley 81 Blk 2 Lot 29 R-1163-002-0290-1 CJ Bogue Sachse,Texas 75048-3144 XMartinez#2 2121 Posey Lane 82 Blk A Lot 4 R-2570-00A-0040-1 Henry Martinez Wylie,Texas 75098 Wylie Shopping Vig PO Box 1411 83 Blk 1 Lot 1 R-2446-001-0010-1 Brookshire Grocery Co. Tyler,Texas 7571 0-1 41 1 PO Box 454 84 Abst 267 Tract 45 R-6267-000-0450-1 Barlatric Care Center of Tx. Ann Arbor,MI 48106-0454 PO Box 454 85 Abst 267 Tract 44 R-6267-000-0440-1 Barlatric Care Center of Tx. Ann Arbor,MI 48106-0454 PO Box 454 86 Abst 267 Tract 6 R-6267-000-0060-1 Barlatric Care Center of Tx. Ann Arbor,MI 48106-0454 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-11. L// I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: H e ivh y A JV ie)-6- e. Z (please print)/ Address: a I a ) p A /V L- kr, 1, 7 q e Signature: 7 Y2 Date: 2 a .S -- a COMMENTS: l?,rn r PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-11. X I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2, 2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: all. e L S (.e o ✓{ -e- (please print) Address: (o g Z- S Z 0 N sty ( V'C)oip 1>-. T)c 7 SOc1 d Signature: Date: — Z. Z - 0 COMMENTS: 4,,,zigAi- PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case �2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: r-C (please print)Address: 6 C(7, fir.l.e_^.4- ,.� \r")%lye_ /Signature: �, Date: L% COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: i e"( f 11 .11 ( , S (please print) Address: (,. 3 �210 t-\ v I)t-oo k--- J Signature . -, Date: //4"//6 COMiNIENTS: e 4 { !� I. • , r-f `. e'.,9-1.--Q---, t-, Tr 1 CC^ 14 J ir, r, �-f_,,�`c i( n s-rls_✓l� 0.2--y�-.<.:1 L--� • `-� /l-Q ;4_._.��=--, r . /. 4, . -» l" ^ . - - tiff - Lc -r'(r • • I �C? C) }1'I ti-r-c-.- i.?n .,,-x.147-.( r i -v1 G' Tc-1/ r, , t41 !\. .1 .- C-,-_- . . ) rt .L I r_, /" IA_� _r<--t- !< .iif J r l r r , %i �4 , / ' /n I , d �J/. �/— i ) S /> Cl}- ,n.•l. („, lA--l-,_f ,.!' .,f e. /.. P iYr--s! t/( _/rL /`P.4 - C,hr 4r .":0 tv Ty/r `-4/"-- /L/Z.! r „,A.. .4 r �F-l.C'.i...r- am_ C,'`_ � �rl =,.. �� r ' I. O�Lr: _ / c: . i r e.J / 7---:� , ! ,` C-et. ! C j /, .,r L'--`i..r'<. Cn_ /1.�G-e, r ``�-/6--v) Gam.`..C_-. \-e. t.%-it.- -7��-.,-cY..4--[_.--,' Q.�,.._ f tb - L,__,. y�-,v.-C_-0--p.p_ a..�,-_.-- I , i\. / j PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23, 2003,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: -J l // C I Z'L-(J -- (please print) / Address: / `t/, 7�/ G I%"z_(l'L. 06t C i ka S ) Signature: , .- .'I' �1 L/ i ( /2-(-Ket(_i ate: .4' //•-? /L) COMMENTS: -'6'_--L--}6/ A .. 6-4..,-, _e---,-z. -.L/e._--ie e /' . . , __,),7- ,-1�Ji 4. .4�Gr Y�C1"..4 Ks -el)--- ./-C ./l' 40�? c i?1.C..4 -/'r-L et �/ /?4 � �� 1� _ � °�/ tee ; i/ /4) (2/f')2/,) , ,,%�-'r- 4-``� Gl/,c_./ e-- A;l)/{�/�t '/lLL- /i %�).�=-". /2`-i /�1 / 72///, ./-'2Z-01 //i P /-- // - 4i',�. �,( .�) - ��_J l PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-11. yI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name. //�4/ a. C-C) (please print) Address: /G) /414 E2) I (>< Signature: 0:7 / v Date: � COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: F/0 'jc1 1.3,4l I l-) 0 ( V 0-1 0 LA.) (please print) Address: / U C) 1)/7,4i 0 1 h !, S Signature: +..ectiL Q2 �1-ices. ( Date: //// 0 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-11. • I I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 1(, r'L,1 r cncj\ e _y (please print) Address: 3 M:Nr A I mks Signature: A0,0 Date: cu` \ J COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 1\ I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-11. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-11. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: I nnori1 y !r ilLimeotay7 Offs/MAO* (please print) Address: f )11z) 'Z (,¢ (4.697(-4 tf,,W.V) TA 4 Signature: Date: COMMENTS: • r , My of WI* Public Hearing Item No. 2 Rezoning 03-12 414 North Jackson Street, SF 8.5/17 to TH Planning and Zoning Commission Public Hearing: September 2, 2003 Applicant: Lawrence DeBerry Owner: Anita M. Lemons Location: 414 North Jackson Street, being Lot 3A, of Block 2 of the Russell No. 1 Addition Existing Zoning: Single-Family(SF 8.5/17) Residential District Requested Zoning: Townhouse (TH) District Summary: The applicant is requesting rezoning of the subject property in order to redevelop it as attached residential units similar to those recently constructed across Jackson to the southwest. The Russell No. 1 Addition is one of the oldest subdivisions within Wylie. The subject property was originally a portion of the single Lot 3 of Block 2 of this Addition, but that larger lot has subsequently been divided into the four separated Lots 3A, 3B, 3C and 3D, although the date and method of this division is unknown. Due to discrepancy in the record, the exact dimensions and size of these lots (including the subject property) is not currently verified, but a rectified legal description will be required as part of the replatting process. Records indicate that the subject Lot 3A has between 75.5 and 78 feet of frontage along Jackson Street, and contains between 8,881 and 10,343 square feet. Either of these dimensions is sufficient to accommodate the replatting and construction of duplex dwellings. ZC 03-12: 414 North Jackson The subject lot is zoned Single-Family 8.5/17 District, and is currently vacant but has been previously occupied by a small detached single-family residence. All of the properties across Jackson to the west are zoned Townhouse (TH) District and are redeveloping for duplex residences by the applicant (12 duplexes currently completed and 2 detached single-family residences remain). Properties abutting to the south and east are zoned Single-Family 8.5/17 and are developed as detached single-family residences of varied age, size, style and ownership. The applicant is in the process of consolidating many of these lots, especially along Jackson, under single ownership for future redevelopment. An alley (15 feet width) abuts the property on the north and a contractor's storage yard occupies the Agriculturally(A) zoned property north of the alley. Public Comment Forms were mailed to twenty-three (23) property owners within 200 feet of this request. Three (3) Comment Forms have been returned at the time of posting, all favoring the requested rezoning. Issues: 1. The currently-adopted Comprehensive Plan recommends Suburban Residential Uses for the subject property and neighboring area. The Plan defines the Suburban Residential land use category as detached residential lots of between 10,000 square feet (1/4 acre) to one acre in size and located further distances (as much as 3,000 feet) from Village Center retail uses. The proposed zoning is not consistent with this recommendation of the Plan. However, the Planning and Zoning Commission is considering revisions to the Comprehensive Plan, and has proposed Village Residential uses for the area. Village Residential includes multi-family apartments, attached single-family duplexes or townhouses and detached single- family residences on lots of at least 8,500 square feet, and is intended to be located in closer, pedestrian-accessible proximity to the core retail services. The relatively close proximity of the subject property to the retail opportunities of downtown Wylie (south of Brown Street), suggests that the location is more compatible with higher-density Village Center residential uses, than the lower-density Suburban densities currently recommended by the Comprehensive Plan. The requested rezoning is consistent with this proposed revision of the Comprehensive Plan. 2. The property directly across Jackson Street from the subject property has recently been rezoned from SF 8.5/17 to Townhouse District and redeveloped as duplex residences, as have been twelve other duplexes to the southwest across Jackson. The requested rezoning is consistent with this trend and continues this redevelopment to larger, more modern dwellings. ZC 03-12: 414 North Jackson 3. The subject lot is of sufficient size to accommodate a single detached dwelling of the size and design required by the current Single-Family 8.5/17 zoning. 4. The proposed Townhouse zoning requires that each dwelling be located on a separately platted lot. For duplexes, each lot must be a minimum of 3,500 square feet, and not less than 30 feet wide at the building line (when attached 3 or more as townhouses, the interior lots/dwellings must be at least 3,000 sq. ft.). The existing lot is large enough(either 8,881 or 10,343 sq. ft.) to comply with this minimum required lot size for attached dwellings. The applicant will be required to replat the subject lot in order to accommodate duplexes or townhouses, and development impact fees must be paid when the lots are replatted. 5. An unimproved alley, fifteen (15) feet in width, abuts the subject lot on the north, and is used as an illegal short-cut around the four-way stop at Brown and Ballard. However, this section of Jackson north of Brown is too long (at +/- 750 feet) to be adequately served by fire and emergency vehicles if dead-ended with no second point of access/egress, and the alley provides some emergency access. Area property owners have requested that the alley be closed by barricading, but such is not appropriate unless the alley is officially abandoned by the City and sold at fair-market value to adjacent property owners. The alley is also zoned Single-Family 8.5/17 District, and if abandoned and added to the subject property will require rezoning to Townhouse in order to accommodate other than single-family dwellings. 6. Due to its adjacency to the railroad corridor on the west and the relative short length of this segment of Jackson Street, the subject property is more appropriate for the higher-density Townhouse dwellings than for the larger lot, lower-densities of the current SF 8.5 District zoning or recommended Comprehensive Plan. The proposed redevelopment can serve as a catalyst for additional reinvestment and revitalization of this older, declining neighborhood, as the recently-completed duplexes have encouraged the subject proposal. Staff Recommendation: Approval. The proposed zoning and use are compatible with the pattern of redevelopment and can serve to further stimulate redevelopment of the area. Attachments: Location Map Notification List and Response Forms — - l III I U-I- , _.._.._.._.._.._.._.._.._.._..-i.� �, Hav+est Bend DIMe — i L J r. (1) .....• ... _ .. _________________________________________ ., --(2 r•--.....-- ,_ w a g"'� 'Subject ! i _ Properly i I i I . Lane i 1 1 1 i i i 1 FETID .i i i i 1 i J FfL.', I_ i i i 111 West town Stret LdSt Brown Street i a� : IlEl 1 .- Jefferson Street * MI ee 4... 7.11 ....11, , _._, . 1)) 1[---1 g ., ! _ -__—__—_--, ,_Lo_, 'n S' � � i) . . +, 1 � m ,. _„.--- , ikrltio _..„„ ate.._ _..1.. Marble Street 110______,/--Th II i / a) .F77 LOCATION MAP ZONING CASE #2003-12 NOTIFICATION REPORT APPLICANT: Lam/DeBerry APPLICATION FILE #2003-12 8277 Private Road Nevada,Texas 75173 11-1 BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 8277 Private Road 1 Larry DeBem/ Nevada,Texas 75173 Russell Addn 100 Jackson Avenue V 2 Blk 2 Lot 3A R-1173-002-003A-1 Anita Lemons Wylie,Texas 75098 Russell Addn 509 N. Ballard Avenue 3 Blk 2 Lot 3B R-1173-002-003B-1 Jim Klugh Wylie,Texas 75098 Russell Addn Scoff Living Trust PO Box 1568 4 Blk 2 Lot 3C R-1173-002-003C-1 Joel &Margaret Scoff Trustees Wylie,Texas 75098 Russell Addn 5810 Southampton Drive 5 Blk 2 Lot 3D R-1173-002-003D-1 Jerry Cooper Richardson,Texas 75082-4942 Russell Addn 409 S. Ballard Avenue 6 Blk 2 Lot 2A R-1173-002-002A-1 Scoff Mills Wylie,Texas 75098 Russell Addn 1111 Wheelis Road 7 Blk 2 Lot 2B R-1173-002-002E-1 Otis Ferguson Wylie,Texas 75098 Russell Addn 1111 Wheelis Road 8 Blk 2 Lot 2C R-1173-002-002C-1 Otis Ferguson Wylie,Texas 75098 Russell Addn PO Box 875 9 Blk 2 Lot 2D R-1173-002-002D-1 Alan Gauthier Wylie,Texas 75098 Russell Addn 1111 Wheelis Road 10 Blk 2 Lot 2E R-1173-002-002E-1 Otis Ferguson Wylie,Texas 75098 Russell Addn 419 N.Jackson Avenue 11 Blk 2 Lot 2F R-1173-002-002F-1 Donald Drain Wylie,Texas 75098 Russell Addn PO Box 654 12 Blk 2 Lot 2G R-1173-002-002G-1 Martha Watkins Wylie,Texas 75098 Russell Addn PO Box 654 13 Blk 2 Lot 2H R-1173-002-002G-1 Martha Watkins Wylie,Texas 75098 Russell Addn 8277 Private Road 5397 14 Blk 3 Lot 2B R-1173-003-002B-1 Laurence DeBerry II Nevada,Texas 75173 Russell Addn 311 Willow Wood Street 15 Blk 3 Lot 2C R-1173-003-002C-1 Ralph Rozier Plano,Texas 75094-3523 Russell Addn 3114 Oaks Drive 16 Blk 3 Lot 2D R-1173-003-002D-1 Majorie Lemons Garland,Texas 75044-6924 Russell Addn 413 N.Jackson Avenue 17 Blk 3 Lot 2E R-1173-003-002E-1 Harvie Miller Wylie,Texas 75098 1190 Ramsay Drive 18 Abst. 820 Tract 2 R-6820-000-0020-1 Keith Anderson Allen,Texas 75002-8137 S,.ucc, PO Box 1256 19 Abst. 820 Tract 3 R-6820-000-0030-1 Burce Epple Wylie,Texas 75098 1190 Ramsay Drive 20 Abst. 820 Tract 4 R-6820-000-0040-1 Keith Anderson Allen,Texas 75002-8137 PO Box 1501 21 Abst. 820 Tract 5 R-6820-000-0050-1 Joe Green Wylie,Texas 75098 PO Box 276 22 Abst. 820 Tract 51 R-6820-000-0510-1 Simtrott Wylie, Inc. Royse City,Texas 75189-0276 Bill Lovil, P.E. PO Box 90 23 Ballard Avenue Texas Dept. of Transportation McKinney,Texas 75069 24 25 26 27 28 29 30 31 4i264- 52o jF { 6s 1 __ • I. (n/ IBC 9 \\ a t ", f / Xt. @ c eta 4 { a ' :s ON L,sq..i C �t >M'ai R�p f r- •l•� 1 ' t ,� 11111 ® 2C 2G ' 1 1CI / Ol c�`, � 5� I ,t � loDr U D _ v.d (- ZONING CASE #2003- 12 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 ✓ I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-12. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-12. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 4 11.1 7 -z Nt o r✓S (please print) Address: 'SO �, J . f L O-,"cZ 5 t 7S'6 9c) Signature: Date: /5 - 6-3 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 v I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2003-12. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-12. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 2,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, September 23,2003,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: CZ I k O Z, (please print) Address: 3 i l ft) t ' ( O k, (t)((5 0( mikvyAA/ / 7 o9y Signature: Date: � — �J UO 3 COMMENTS: f or Cfty of Wylie Public Hearing Item No. 3 Proposed Revision to the Comprehensive Zoning Ordinance Planning and Zoning Commission Public Hearing: September 2, 2003 Applicant: City of Wylie, Planning and Zoning Commission Issue: Hold a Public Hearing to take citizen comment and consider a recommendation to the City Council regarding adoption of revisions to the Comprehensive Zoning Ordinance of the City of Wylie, including: 1. Exterior building materials for residential uses; 2. Size and materials for accessory buildings; 3. Permitting of Temporary uses; and 4. Building encroachments into required yards Summary: The current Zoning Ordinance was adopted in February of 2002. Administration of these regulations have since their adoption identified several issues in need of revision. The Planning and Zoning Commission held Work Sessions on July 15 and August 5, 2003 and proposes the following revisions to the Zoning Ordinance: 1. Section 3.4.F, exterior building materials for residential uses; 2. Section 2.5.D, size and materials for accessory buildings; 3. Section 5.5, administration of temporary uses; and 4. Section 2.5.E, providing for building encroachments into required yard setbacks A Public Hearing has been advertised by the City Council for September 23 to consider adoption of these revisions. Public notice has been published in the newspaper of record (The Wylie News) and mailed to residential development interests in Wylie. Revision of the Zoning Ordinance EXTERIOR BUILDING MATERIALS Recommendation: Substitute the following revised wording for existing Section 3.4.F of the Zoning Ordinance. F. Architectural Features Architectural points are awarded in accordance with the following criteria: 1. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of one-hundred (100) percent of the exterior facade composed of brick or stone laid masonry units or masonry stucco, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two (2) feet from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. The Building Official may grant exceptions to the above minimum standards for new construction when the material and installation are approved by the Building Official as having the same demonstrated durability as masonry and when one or more of the following conditions are met: 1. When other materials are required to blend with the existing historic architecture of the house. 2. When the construction is new infill construction and more than sixty percent (60%) of the existing residential structures along both sides of the street and between the two nearest intersection 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. 3. When a special architectural style for a specific location of individual residence or subdivision of residences is approved by the Planning and Zoning Commission and the Building Official determines that the material will have the same durability as masonry. Revision of the Zoning Ordinance b. Appeals Regarding Material If the Building Official determines that a product does not demonstrate the same durability as masonry, the applicant may appeal that decision to the Construction Code Board. The decision of the Construction Board shall be final. Background: The earliest available Zoning Ordinance adopted by the City of Wylie(April of 1962)required that all residential dwellings(single-family,duplexes and multi-family)"shall be of masonry construction or any higher type building material". No exceptions or variances to this regulation were specified. The major revision of the Zoning Ordinance(adopted May of 1985)required that exterior walls of all residences consist of an average of not less than 75 percent masonry(brick, stone or decorative concrete block but not stucco) or masonry veneer, with no single wall containing less than 50 percent masonry. All walls of nonresidential buildings which faced a thoroughfare or residential district had to be at least 75 percent brick, stone, brick/stone veneer, custom-treated concrete tilt wall, decorative concrete block or glass. The Ordinance allowed variances to this masonry regulation only upon issuance of a Specific Use Permit when a majority of the existing development around infill or proposed new structures used other than the listed masonry materials. In July of 2000, new residential districts and requirements were adopted to the Zoning Ordinance which required all residential dwellings to have a minimum of 100 percent of the exterior facade of brick or stone laid masonry units. In order to achieve architectural variety and avoid the same look on all dwellings, articulation elements were encouraged and repetition of similar elevations was restricted. Wood siding or masonry stucco could be used as an architectural style when approved by the Planning and Zoning Commission when one or more of the following conditions are met: 1. Other materials are required to blend with the historic architecture of the house, especially within downtown Wylie; 2. The construction is infill construction and the predominant materials used in the neighborhood are other than masonry;and 3. A new subdivision with an architectural style other than masonry. With adoption of the new nonresidential districts and complete revision of the Zoning Ordinance and Map in February of 2002, the masonry requirement for nonresidential building was changed to 100 percent brick, stone, cast stone, decorative concrete or stucco. The residential definition of masonry was broadened to include masonry stucco and masonry composite materials when having the same durability as masonry. However, wood and vinyl siding or Exterior Insulation Finishing Systems (EIFS) are now specifically excluded. The Building Official interprets the exception clause of the current Ordinance to allowing the P&Z Commission to approve alternative "architectural styles" other than masonry rather than to approve "other than masonry materials". Encouraged articulations and restricted repetitions are still used to achieve variety. Several applicants have requested the use of exterior building materials other than masonry, and the confusing definition and procedure of the Zoning Ordinance must be clarified in order that such requests may be properly considered and processed. Applicants have also indicated that the specific exclusion of all wood products is technically unjustified and may be illegal. The Commission is requested to provide clarity of intent and direction for alternative wording to this section of the Ordinance. Revision of the Zoning Ordinance ACCESSORY BUILDINGS Recommendation: Add the following wording as new Section 2.5.D of the Zoning Ordinance. D. Accessory Buildings 1. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. 2. Detached accessory buildings shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. a. Except in the Agricultural(AG/28) District, not more than two (2) accessory buildings may be placed on any residential lot. The combined floor area of all accessory buildings shall not exceed six hundred (600) square feet or twenty five (25) percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory building(s) exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. Exception 1: Accessory buildings located on lots that are between one (1) and two (2) acres in size shall not exceed one thousand(1,000) square feet. Exception 2: Accessory buildings located on lots that are two (2) acres or more in size shall not exceed three thousand(3,000) square feet. b. Barns and Stables: In the Agricultural (AG/28) zoning districts, barns and/or stables directly associated with the support of a bonafide private agricultural use of the property shall be limited in area to that allowed by the building code for their use and construction type, but in no case shall the combined floor area of the primary use and all accessory buildings exceed the maximum percentage of lot coverage allowed for in the Agricultural(AG/28) zoning district. Said barns and/or stables shall not be located within fifty (50) feet of any property line. Commercial equestrian or rodeo arenas whether enclosed, partially enclosed, or open air shall require a Specific Use Permit as provided in section 5.4 "Special Use Permits"of this ordinance. Revision of the Zoning Ordinance c. Setback Requirements: No accessory building shall be located within any easement. (1) Front - Accessory buildings shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district, whichever is greater. (2) Side: (a) Five (5) feet when the accessory building is located behind the main building. When the accessory building is located in the side yard, the side yard setback for the accessory building will be the same as the setback for the main building. (b) Accessory buildings shall not extend beyond a platted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten (10) feet from the side property line. (3) Rear: (a) Ten(10) feet if the rear property line is adjacent to a street right-of-way. (b) In situations other than those contained in c. 3. above, the rear setback is five(5) feet. Exception: When the accessory building is a garage with rear access, the rear setback shall be a minimum of twenty(20) feet from the property line. (4) Other Structures - Accessory buildings shall not be located within five (5) feet of any other structure. Exception: Carports. d. Roof: (1) The minimum roof slope for all accessory buildings shall be 3:12. Exception: When the accessory building is a metal building or carport. (2) The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building. Exception: When the accessory building is a metal building, the roof material is not required to closely resemble the roof material of the main building. Revision of the Zoning Ordinance e. Exterior Walls: (1) Accessory buildings one hundred twenty (120) square feet and less in area are required to be constructed with exterior walls composed of metal with a baked-on enamel finish, composite masonry facade or the same masonry content required of the main structure. (2) Accessory buildings larger than one hundred twenty(120) square feet but less than three hundred(300) square feet in area are required to be constructed with exterior walls composed of composite masonry facade material or the same masonry content required of the main structure. (3) Accessory buildings over three hundred(300) square feet in area are required to be constructed with exterior walls composed of the same masonry content required of the main structure. The masonry used on the accessory building shall closely resemble the masonry used in the main building. Exception: Barns and stables located on property zoned Agricultural (AG/28) are exempt from the masonry requirement for exterior walls. f. Height: Accessory buildings shall be limited to a height of not more than fourteen (14) feet to the top of the roof. Exception: In the Agricultural (AG/28) zoning district, accessory buildings shall be limited to a height of not more than twenty (920) feet to the top of the roof. Background: The 1962 Zoning Ordinance limited the location of residential accessory buildings to a minimum of 60 feet behind the front building line and 2 feet from side and rear lot lines as well as 6 feet from the main building. Height and building materials were not specified. The 1981 Ordinance defined residential accessory buildings as being larger than 120 square feet and restricted their location to the rear yard and not less than 3 feet from a side lot line and 10 feet from the rear property line (garages accessed from alleys could not be closer than 20 feet from the rear line). Residential accessory buildings could not be closer than 15 feet from the main building, and could not exceed 25 feet in height. Accessory buildings were also allowed within nonresidential districts,with the same regulations(size, setbacks,materials)as main structures in those districts. The 1985 Ordinance defined accessory buildings within all districts as larger than 120 square feet and limited maximum size to 600 square feet. Both residential and nonresidential accessory buildings were restricted in height to the lesser of either 15 feet or the height of the main structure. Residential accessory buildings were to be located behind the front building line, have a side yard of 5 feet and a rear yard of 3 feet(rear-entry garages required 20 feet)and be at least 5 feet from the main building. Building material were not specified. Revision of the Zoning Ordinance A special ordinance adopted in July of 1999 revised these provisions to allow residential accessory buildings of up to 2,000 square feet and the greater of 2 stories or the height of the main structure on lots of 2 acres and larger. Accessory buildings on smaller lots continued to be regulated according to the 1985 Ordinance. The July 2000 revisions to the residential districts of the Zoning Ordinance allowed the maximum cumulative size of accessory buildings to be 4,000 square feet or 10 percent of the lot size(5 percent for lots larger than 2 acres) whichever is greater. No building materials were specified. The February 2002 revisions of the Ordinance amended the residential accessory building regulations to allow a maximum cumulative total size of the greater of 2,500 square feet or 10 percent of the lot area for lots less than 2 acres (5 percent of lot for lots larger than 2 acres). Accessory buildings may now be a tall as 36 feet in most residential districts (the height of main structures), and must comply with the same masonry requirements as the main building. All accessory buildings must now be located behind the front building line and a minimum of 10 feet from the main structure, but other setbacks differ between districts from as much 10 feet for side yards and 25 feet for rear yards on one-acre lots(100 feet if the lot accommodates large animals)to 5 feet for side yards and 10 feet for rear yards for half-acre and smaller lots. The current Ordinance does not allow accessory buildings within multi-family residential districts and mobile home parks or within any nonresidential districts. Several very large accessory buildings have recently been permitted within residential neighborhoods under the current code, and nonresidential commercial and institutional(churches, schools)users have requested permits for such buildings. The Commission is requested to provide direction concerning the appropriate size of such buildings and their appropriateness within nonresidential districts. TEMPORARY USES Recommendation: Substitute `Building Official"for"Director" in Section 5.5 of the Zoning Ordinance. Background: Section 102-2 of the Code of Ordinances,initially adopted in 1986,delegates to the Chief of Police the approval of parties and other gatherings which involve the closing off and exclusive use of public streets. This permitting process has been in the form of a joint letter-of-agreement between staff and applicant. Proposed revisions to this Special Event Policy will transfer permitting to the Building Official. The 1985 Zoning Ordinance allowed temporary buildings for uses incidental to construction on the premises within all residential districts. Such buildings were to be removed upon completion of the construction work,or at a time determined to be appropriate by the Building Official. No temporary buildings were allowed in nonresidential districts, and there was no specified provision for temporary uses not related to construction on either public or private properties within either residential or nonresidential zones. The newly-revised Zoning Ordinance defines temporary uses as having a duration of more than 48 hours but less than 90 days and allocates such uses to various districts. These temporary uses include occasional or garage sales, the sale of Christmas Trees and seasonal agricultural products, carnivals, construction/sales offices and living quarters as well as the growing of crops and grazing. Such uses are permitted by the Director of Planning by joint Revision of the Zoning Ordinance letters-of-agreement,except that the Building Official continues to permit garage and other occasional sales as well as construction and sales offices. Staff proposes that all Temporary Uses, except for batch plants, be removed form the Zoning Ordinance and administration of the Planning Director and be placed under the administration and permitting of the Building Official through the adoption of such separate authority and regulations as may be determined necessary. Permanent batch plants are allowed only within the Industrial (I)District and then only by approved Specific Use Permit,which have no time limitation. Temporary batch plants,for site-specific construction, are approved by the State rather than City. BUILDING ENCROACHMENTS INTO REQUIRED YARDS Recommendation: Add the following wording as new Section 2.5.E of the Zoning Ordinance. E. Building Encroachment into Required Yards 1. Minimum Front Yard Setback. The location of buildings shall comply with the minimum front yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required front yard shall be open and unobstructed, except for plant material and for the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building, projecting no more than twelve (12) inches into the required front yard. Roof eaves and roof extensions of the main building or a porch without posts or columns may project into the required front yard for a distance of no more than two (2) feet, and subsurface structures, platforms or slabs may project into the front yard to a height no greater than thirty(30) inches above the average grade of the yard. 2. Minimum Side Yard Setback. The location of buildings shall comply with the minimum side yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required side yard shall be open and unobstructed, except for plant material and for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building projecting no more than twelve (12) inches into the required side yard. Roof eaves of the main building shall project no more than two (2) feet into the required side yard. Revision of the Zoning Ordinance 3. Minimum Rear Yard Setback. The location of buildings shall comply with the minimum rear yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for plant material and accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features of the main building projecting no more than two (2) feet into the required rear yard Background: The purpose of"yards" or "setbacks" is to provide sufficient natural light and ventilation to buildings and to protect against the spread of fire and diseases from adjacent structures. The 1962 Zoning Ordinance defined yard or building setback as "an unoccupied space open to the sky", requiring that the space remain unobstructed by construction. The 1981 and 1985 Ordinances provided an exception for "roof overhang and similar special architectural features and plant materials". Such exceptions were omitted from the newly-adopted and current Ordinance,requiring that all portions of a structure and its appendages be outside of all required yards or setbacks. It is normal for municipalities to allow some limited degree of encroachment of building appendages (roof overhangs and unsupported porches)into required yards. STAFF RECOMMENDATION Receive citizen comments concerning the proposed revisions to the Zoning Ordinance and modify the recommendations as appropriate, and recommend adoption of the revisions to City Council.