Loading...
08-05-2003 (Planning & Zoning) Agenda Packet Planning Commission August , - .• City of Wylie Regular AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, August 5, 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 July 15, 2003 Regular Meeting. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Single-Family 20/21 (SF-20/21), located west of F.M. 544 and south of the Stoneridge Farms Addition, being a 34.306 acre portion of the tract of land as described in a deed to William L. Collins recorded in Volume 309,Page 285, Deed Records of Collin County, Texas, situated in the A. Atterbury Survey, Abstract No. 23, City of Wylie, Collin County, Texas. (Zoning Case 2003-07) 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agricultural (A) to Planned Development (PD) District for Mixed Residential and Nonresidential Uses, generally located east of County Road 389 (Forrest Ross Road) and south of Skyview Drive and north of Kansas City Southern Railroad, being all of that certain 94.16 acre tract as described in a deed to Arapaho East, Inc. recorded in Vol. 5108, Page 1984, and being all of that certain 49.247 acre tract as described in a deed to Arapaho East, Inc. recorded in Vol. 4242, Page 1505, Deed Records of Collin County, Texas, except for those certain called 16.48 and 5.5 acre tracts conveyed to Kansas City Southern Railroad in October 1998, and being in total a 121.11 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. (Zoning Case 2003-08) 3. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Business Center (BC) District to Planned Development (PD) District for a restaurant with drive through service, located at 1301 Century Way, being Lot 1, Block C of the Century Business Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-09) P&Z Commission Meeting August 5, 2003 Page 2 of 2 ACTION AGENDA 1. Review proposed revisions to the Zoning Ordinance and consider calling a Public Hearing. ADJOURNMENT Posted Friday, ugust 1,2003,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 July 15, 2003 7:00 pm Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Michael George Claude Thompson, Director Don Hughes Mary Bradley, Admin. Assistant Carter Porter Mike Phillips Chris Seely Commission Members Absent: Staff Members Absent: M. G. "Red" Byboth Terry Capehart, Assistant Planner William Chapman CALL TO ORDER Chairman George called the Regular Meeting to order at 7:05 p.m. INVOCATION AND PLEDGE Chairman George offered the Invocation and Commissioner Porter led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. MISCELLEANEOUS ITEMS Chairman George expressed appreciation and welcomed newly appointed Commissioner Seely to the Commission. P & Z Meeting July 17, 2003 Page 2 of 5 CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the June 17, 2003, Regular Meeting. With no changes noted, a motion was made by Commissioner Hughes, and seconded by Commissioner Porter, to approve the minutes as submitted. Motion passed 5 —0. ACTION AGENDA 1. Consider and act upon approval of a Site Plan for the Chili's Restaurant, being all of a certain 1.628 acre tract of land generally located north of F.M. 544 and east of Westgate Way, City of Wylie, Collin County, Texas. Thompson stated that the Site Plan under consideration is for a restaurant facility with the building of approximately 5,555 square feet, on 1.628 acres in size. Thompson reviewed the zoning of the property and stated that the property has never been platted. A variance was approved by the Zoning Board of Adjustment on June 23, 2003, to allow an oversize projecting sign on the western wall and an oversize 3-dimensional chili pepper logo/monument projecting above the canopy on the southern wall. Thompson stated that 125 parking spaces will be provided, and only 72 spaces are required. William A Stueber, CPH Engineering, 5728 LBJ Freeway, Suite 330, Dallas, Texas, represented the engineer of the project, stated that the required parking spaces will measure the 10 feet by 20 feet required by the City Code, while the extra spaces will be smaller. The City Engineer has approved this variance. Chairman George questioned the type of exterior building material. Mr. Stueber stated that it will be stucco. Commissioner Phillips questioned the access cuts. Mr. Stueber stated that the curb-cut entries are included on the Site Plan, and provided with the widening of Farm Market 544 and Westgate Way. A motion was made by Commissioner Porter, and seconded by Commissioner Seely, to approve the Site Plan as submitted. Motion carried 5 —0. P & Z Meeting July 17, 2003 Page 3 of 5 2. Consider a recommendation to the City Council regarding a Final Plat for Lot 1, Block A of the Chili's - F. M. 544 Addition, being all of a certain 1.628 acre tract of land and being a part of a called 45 acre tract, generally located north of F.M. 544 and east of Westgate Way, as described as Tract One in a deed to Sal Del Rey Properties in Volume 1663, Page 451 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas. Thompson stated that the Final Plat will create the 1.623-acre lot-of-record for the Site Plan just approved and will accommodate development of a Chili's Restaurant. The Plat provides primary access from F.M. 544 and Westgate Way, as well as a joint access easement to the property to the north. No access easement was provided to the east due to existing development and no median cut available for eastbound traffic along F.M. 544. A motion was made by Commissioner Phillips, and seconded by Commissioner Porter, to recommend approval to the City Council of the Final Plat. Motion carried 5 —0. Chairman George adjourned for a break at 7:25 pm and reconvened at 7:35 pm. MISCELLEANOUS A special motion was made by Commissioner Porter to acknowledge and wish Chairman George a Happy Birthday, and all Commissioners wished Chairman George a Happy Birthday on July 21, 2003. Thompson reviewed the hand-out by North Central Texas Council of Governments Center of Development Excellence web page, recognizing Wylie's new Zoning Ordinance for its Design Standards for Residential and Nonresidential Uses and Historic Preservation. WORK SESSION 1. Discuss proposed revisions to the Zoning Ordinance, including exterior building materials other than masonry. Thompson stated that staff is seeking the Commission's direction to initiate review of concerns toward the goal of proposing several revisions to the Ordinance. Thompson reviewed the history of requirement for wood exterior building materials as early as P &Z Meeting July 17, 2003 Page 4 of 5 April 1962. In February of 2002 the residential definition of masonry was broadened to include masonry stucco and masonry composite materials of the same durability as masonry. However, wood and vinyl or Exterior Insulation Finishing Systems (EIFS) are now specifically excluded, but although the ordinance provides that the Commission may approve "materials other than masonry" or a"style other than masonry." 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. 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. Building Official Dale Jackson stated that the interpretation of the concept of the Planning and Zoning Commission is to approve plans and concepts of style but the Commission should not get into the actual design of construction materials used which should be reviewed by the Building Inspection department. If a variance or waiver of materials is requested, the item should be presented to the Construction Code Board. Jackson also expressed concern for the architectural style on infill lots in existing subdivisions. Wood siding and vinyl is not allowed and the quality of materials is a technical issue related to durability and safety rather than aesthetics, which should be approved by the Building Department and not by the Council or Planning and Zoning. After discussion, the Commissioners concluded to remove the Planning and Zoning Commission from approval of construction materials and provide that the Building Official or Construction Code Board approve"alternative products." 2. Discuss proposed revisions to the Zoning Ordinance for accessory buildings. Thompson reviewed the Zoning Ordinance requirements for Accessory Buildings and the proposed revisions recommended by the Building Official. The definition of an accessory building is anything greater than 20 square feet. Jackson stated that the main concern was to alleviate of such things as shipping containers or accessory buildings larger than the house in the Single Family District by requiring same roof pitches and reducing the allowed height and size. Commissioner George questioned the size of the accessory building for a lot larger than an acre but smaller than two acres. Jackson agreed to the size of buildings for lots one- half to two acres to be 1,000 square feet and above two acres to be 3,000 square feet, but some research would be made before a change could be adopted. P & Z Meeting July 17, 2003 Page 5 of 5 3. Discuss proposed revisions to the Zoning Ordinance for temporary use permits. Thompson reviewed the concerns related to Temporary Uses. The proposed revision is to remove all temporary uses from the Zoning Ordinance and administration of the Planning Director and be placed under the administration and permitting of the Building Inspection Department. Commissioners had no objection to transfer the temporary uses from the Zoning Ordinance to the Building Department for approval. ADJOURNMENT A motion was made by Commissioner Porter, and seconded by Commissioner Hughes,to adjourn at 9:10 PM. Motion carried 5 —0. Michael George, Chairman Mary Bradley, Secretary r(lit 4 MY of WYlie Public Hearing Item No. 1 Rezoning 03-07 Rolling Hill Estates PD Planning and Zoning Commission Meeting: August 5, 2003 Owner/Applicant: Realty Development Trust Location: Generally located west of F.M. 544 South and south of Stone Road and the Stoneridge Farms Addition Existing Zoning: Agriculture (A) District Requested Zoning: Single-Family Residential(SF 20/21) District Summary: The subject property was annexed into the City of Wylie on July 9, 2002, and was then zoned Agriculture (A) until an appropriate permanent zoning classification is established. The applicant is requesting rezoning of the 34.306 acre tract to Single-Family Residential (SF 20/21) District in order to develop a subdivision of single-family residences on one-half acre lots. Properties abutting to the north and west are within the City of Wylie, are zoned Single-Family 10/19 (SF-10/19) District but are developed as the Stoneridge Farms Addition with single-family residences on lots of one acre in size. Properties abutting to the south are within unincorporated Collin County but within Wylie's Extraterritorial Jurisdiction, and are developed with single- family residences on lots of one acre in size. Properties to the east across F.M. 544 are within the City of Wylie and are zoned Planned Development District (PD 2002-21) for mixed uses as the 475-acre Bozman Farms PD. The initial construction of Bozman Farms is underway, with the 96- acre Bozeman Farms Estates Phase I Addition of residential lots ranging in size from 6,300 square feet to 8,400 square feet and the 50-acre Lake Trails of Bozman Farms Addition of lots of 7,900 square feet to larger than 12,000 square feet. ZC 03-07: Rolling Hill Estates PD Public Comment Forms were mailed to eighteen (18) property owners within 200 feet of this request. One (1) Comment Form had been returned at the time of posting, OPPOSING the request. Issues: 1. The Comprehensive Plan recommends Country Residential uses for the subject property. This classification requires lots of one acre or larger, requiring dwellings of 2,600 square feet or larger but allowing rural streets with open drainage. The Plan's philosophy is to provide pedestrian-oriented higher-density residential uses closest to the retail Village Centers, and decrease residential densities (increase lot sizes) through medium-density Suburban Residential to lowest-density Country Residential as the distance from these retail cores increases (requiring vehicular access and circulation). The subject property is located between several proposed retail Village Centers (Ballard Avenue to the west, Troy Road to the east F.M. 544 and Vinson Road to the south and Brown Street and Eubanks Road to the north). The proposed zoning to smaller lots with no retail adjacency does not comply with these recommendations of the Comprehensive Plan. 2. Adjacent properties on three sides of the subject tract are developed with lots of one acre or larger in the Country Residential character as recommended by the Comprehensive Plan. However, the subject property is effectively separated from the larger residences within the Stoneridge Farms Addition to the north and west by an easement for a major electric transmission line which traverses the north side of the subject property and serves as an open space buffer between the two developments. The Bozeman Farms Planned Development District to the east of F.M. 544 allows a potential 1,350 single-family lots ranging in size from 6,000 to 8,500 square feet and averaging 7, 630 square feet overall. However, the smaller lot sizes of the Bozman PD were approved in order to achieve a balance between several environmental challenges and desired public goals of open space and street connectivity across the major floodplains and utility corridors which the subject property cannot provide. 3. The proposed zoning will allow dwellings of 2,100 square feet and larger, comparing favorably to dwellings within the abutting existing subdivisions as well as to the house size required by the recommended Country Residential of the Comprehensive Plan. The size of houses within the Stoneridge Farms Addition to the north average approximately 2,346 square feet and average 1,971 square feet within the unincorporated Twin Oaks Addition to the south. The Bozeman Farms PD to the east of F.M. 544 establishes a minimum dwelling size of 1,700 square feet. ZC 03-07: Rolling Hill Estates PD 4. The proposed development will be required to connect all lots to the City sewerage system in some manner. The Stoneridge Farms development within the City is currently served by central sewerage, while the Twin Oaks development to the south within the unincorporated County has individual septic systems on each lot. The closest gravity main available for connection will require an easement across the private lot to the west of the subject property. 5. The subject property is effectively land-locked, with no possibility of street connections into the developed subdivisions to the north, west or south. The applicant contends that the relatively long and narrow configuration of the property makes the development of one-acre lots difficult and still comply with Wylie's Engineering regulations for the length and looping of streets and utilities. However, the proposed Concept Plan illustrating Y2 acre lots also demonstrates that some street and lot layout can be both efficient and compliant. 6. The attached Concept Plan reflects the anticipated development pattern as well as the design elements anticipated to comply with the flexible development regulations of the Zoning Ordinance. The proposed Concept Plan also suggests locations for dedications of public park land at the F.M. 544 entryways to the Addition and linkage of these by a pedestrian trail system along the internal street system to the open spaces of the Bozman Farms development across F.M. 544 as well as that to Community Park to the west of the Stoneridge Farms Addition. This proposed park dedication and trail plan has not been reviewed by the Park Board and will require approval of a more detailed plan at the platting process. It is the applicant's contention that this open space network better compliments the requested smaller lots than the acreage recommended by the Comprehensive Plan. 7. The Concept Plan also reflects no alleys throughout the subdivision. Section 3.2.B of the Subdivision Regulations requires that alleys shall be required in all residential districts. However, no alleys have been provided within the abutting subdivisions to the north, west or south of the subject property nor are alleys required within the developing Bozman Farms addition across F.M. 544 to the east. Staff supports the absence of alleys within residential subdivisions with lots larger than 10,000 square feet because the normal functions of alleys are handled in other methods, and approval of this requested rezoning will constitute a waiver of the alley requirement for the subject tract. 8. In December of 2002, the City Council denied an application to rezone this property to Single-Family Residential (SF 10/19), which would allow lots of 10,000 square feet and dwellings of 1,900 square feet, because of its deviation from the Comprehensive Plan, concurring with recommendations of denial by staff and the Planning and Zoning Commission. The request has been revised to reflect lots of 20,000 square feet and dwellings of 2,100 square feet, which still does not comply with the recommended one-acre-minimum lots of the Comprehensive Plan. This applicant, as well as several other developers of other tracts ZC 03-07: Rolling Hill Estates PD throughout the City, allege that there is no market for subdivisions of the larger Country Residential lots recommended by the Comprehensive Plan. They contend that the few who would purchase larger lots desire acreage with an isolated rural character rather than lots within a subdivision of other larger lots. If the Commission agrees with this contention, the Comprehensive Plan and then the Zoning Ordinance should be immediately revised accordingly, and limited Planned Development Districts which reflect the revised philosophy and the market's dictates considered during the interim. Some direction from the Commission is requested. Staff Recommendation: Denial. The proposal does not comply with the recommendations of the adopted Comprehensive Plan nor with existing adjacent development patterns, and the property reflects no physical constraints to development which justify more intensive development than recommended by the Comprehensive Plan. Attachments: Location Map Concept Plan—Zoning Exhibit Notification List and Map, with Responses mr.auuuu.�Li g=iP 1<o' s iss ui= • Timm n' 1 nnini '? _ :E_" I Fula attl mnumul , .C ' mum ''g'" toe . wa s a ■p - /'` ' ■ ■■■■■ -Mi 1 o- Subject 1 r.... C _ =l Property =ram'=1= ' ' 1 ■ Er��a ••, innie '.': VI 121.1 ie I-1._ tide .-_Or.. !IL:::11m11 I II 0_ '€1;11,1 1 1__ t �Wf' ,!!Iln I �i■■ . .. ■ QIIINIIm avorp iii IMMIX 1 El Kt 1 I li Litsmairai ... ,._, •••Mali, aTilmm._.'"7\\'11111111 ti. Nit rri -- --i. 1 .1 ,„„,„.. ,_ ,L . zi ..... . .. ., # '''','''' 1 H ,r-flil r 4 Ella 2E0110U1111thrtati 2t'ail finti' MO JIPii !flui maw 6l: ', n� im 1,0 \� i limp!l,l,lillij f;��'l �1111C1111 A 1 \ \ m.. � '"I'v ily ,,... A 111171111-11griE Illfxy,4K4F-Iii via 1 nr. a; ` u ® ..*0 ddl kill I I v L'\ A 0 1 r r �� '® um 4 I 1 , 11 , 11 ; ll al a Itt4 1 li El ma taut ! : ri .-7 t.i( 1t, dr ail ro ir I -gi. Mil ir", ,7, ;7,4' el -EveRi--- WI 4. it ;2111.10 ,61,: iii,i4,,, ,.:., TiiirAtiagtivoi.k., E-7-=Er.= rtiiFP-ii,io':n i4niitiori _r Lumw��urm;uw ; Ipip 1 ,■■■_III i 1.21EN I iI im \ r■ ..±, _,L,_1___,_.l:., UI , ►� 2 .. ,Hilt / '■ -` •i: 'lllIII �/ I V mil m III , 1 Illiill � y � ; _ I I , I I Uli 1 I y— lllll� ���lil'll;l Illlllil! = ■■ _ Li! , _ 11111111ininVhipir' \ --__ i trill u. I , , I I I L.nnun l�f � 1-_1:- { I I I I I In i i I I 1 UI 1 , LOCATION MAP ZONING CASE #2003-07 i " ''1,II I If . N90L0'00'E tT53' es 1 A ono w xx osE„ �xx „o, ... m . z x _— -- — .,nz 5839E21DEDICALO�.' I1iI M0E \ ' ' _— _ -mil _ i � �IDl , li� +1 Y 2A.,r. .. z , e >.9 - r x I zDa6.I. es.� a m9 0 \.II„\ !0.. mom r E O mz „r - z0 0303 mz . z0 ° ;://:21/2:::3Sli:ITE _mzw R �v �x O,r zr �. �x O 11 .x p a ' >lz0,s°.,. 1 m,a,r .,r n m„s., - —., asz. mz„. m.,, m;., - m„o. m,.F,ro iv> z0—__ :;-` — ) " __ ___ _ 0 O�SED B VnDE� III I F mT " �'— N--, COLLINS BL — DEDRiLICATION \/ zsz z�m4.r 000.r V x ZC smrPr zmoo3.. \.0ooe.i Cross. moi zo0az3 mOry zo0i5,,'\._ 36 23 zoo .r - .r z , /_ _— , sF,.r.O ,zx �n ,11 sr 'S89H 41'W 1992 5 NALx woE S Ora In ,„ EDoATOiNiJ .,DE k IillI\ SITE DATA Sfi m..,F \ NDENSITYUMBER OF Lars ER LOTS _R ACRE -� ZONING ORDINANCE a .ro. REQUIREMENTS dv T / - SURBURBAN LAND DESIGN REQUIREMENTS \ I O WALK.,r AND tANSCPE 5 / 4 SITE 1 /\ /I J 'ORtT CvnC'EASRENM "s'ANA0L NRGaLs x0 STREET AND SIDEWALK REQUIREMENTS E AR STREETS20 LANDSCAPE MEDAN 15 \ pA. PEDESTRIAN CROSSWALKSCRM.OROROGFES is RACKING 2DOTO THOROUGHFARES TOTAL POINTS 55 .DC,21,12;/:,RAP _— ARCHITECTURAL REQUIREMENTS -_-- UNITS SA E ET MTH SAM `LOOOR PLAN 20 AN Ra0SF 20 COr£REONFftqui RORCR Cargill/ APPLICANT —Chesluer ZONING EXHIBIT IS REALTY DEVELOPMENT TRUST 34.306 ACRES 02-17 '" sor","`',"e u; to CeillA 8L Associates,Inc. rvDM AlvTxl v CONSULTING CIVII.ENGINEERS SHEET i ..,.iF,xi.00-xxoTa ROLLING HILL ESTATES Ern mraA.o a''LEF La Wa1::.=,ao CITY OF WYLIE, COLLIN COCOUNTY,TEXAS REVISIONS NUMBER I BY 1 OAIE mMAcr SnF suxaFUTEa EIeEVJma t Iec YYL-t1Y9-aSDV NOTIFICATION REPORT APPLICAN1 Realty Development Trust APPLICATION FILE #2003-07 1771 International Parkway, #127 Richardson, Tx. 75081 # :iLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1 771 International Parkway, #127 1 Realty Development Trust Richardson,Texas 75081 Stoneridge Farms I 811 Oakbrook Drive 2 Blk A Lot 9 R-3718-00A-0090-1 Paul Molesworth Wylie,Texas 75098 Stoneridge Farms I 821 Oakbrook Drive 3 Blk A 10 R-3718-00A-0100-1 Peter Dickenscheid Wylie,Texas 75098 Stoneridge Farms I 901 Oakbrook Drive 4 Blk A 11 R-3718-00A-01 10-1 Jerry Richardson Wylie,Texas 75098 Stoneridge Farms II 911 Oakbrook Drive 5 Blk A 12 R-4003-00A-0120-1 Dion Alvarez Wylie,Texas 75098 Stoneridge Farms II 921 Oakbrook Drive 6 Blk A 13 R-4003-00A-0130-1 Joel Orr Wylie,Texas 75098 Stoneridge Farms II 931 Oakbrook Drive 7 Blk A 14 R-4003-00A-0140-1 David Cannon Wylie,Texas 75098 Stoneridge Farms II 941 Oakbrook Drive 8 Blk A 15 R-4003-00A-0150-1 Larry Jackson Wylie,Texas 75098 )( Stoneridge Farms II 951 Oakbrook Drive 9 Blk A 16 R-4003-OOA-0160-1 William Murray Wylie,Texas 75098 Stoneridge Farms II 1001 Oakbrook Drive 10 Blk A 17 R-4003-00A-0170-1 Thomas Van Eaton Wylie, Texas 75098 Stoneridge Farms II 1011 Oakbrook Drive 11 Blk A 18 R-4003-00A-0180-1 James Pearson Wylie, Texas 75098 Stoneridge Farms II 1021 Oakbrook Drive 12 Blk A 19 R-4003-00A-0190-1 Jimmy Dunn Wylie, Texas 75098 Stoneridge Farms II 1031 Oakbrook Drive 13 Blk A 20 R-4003-00A-0200-1 Gary James Wylie,Texas 75098 Stoneridge Farms II 1041 Oakbrook Drive 14 Blk A 21 R-4003-00A-0210-1 Robert Hall Wylie,Texas 75098 Stoneridge Farms II 1051 Oakbrook Drive 15 Blk A 22 R-4003-00A-0220-1 Scott Mitchell Wylie,Texas 75098 2000 SH 78 North 16 Abst 23 Tract 23 R-6023-000-0230-1 City of Wylie Wylie, Texas 75098 1771 International Parkway, #127 17 Abst 979 Tract 31 R-6979-000-0310-1 Lt Lake Trails 544 LP Richardson,Texas 75081 Collin County 210 S. McDonald Street 18 FM 544 Commissioners Court McKinney,Texas 75069 tn • �a • roo ' _ Lim. .._afg 6 hive 1111 0 „„,..,,,,,se ,-i _ _ o a . 2 j � „ r7 ig : if 1-0 ----_ 1K") I-, 4f23 Tr 23 a r 3/ �cJo1" �R1 W L I C !T� L� 'fS v) y 6 L 11 C Twin Oo1 s Dr. . - ' Z 2 23- D7 / 3z / 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 #2003-07. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday', August 26,2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: 0 tLLA P VVItitkP A{ (please print) Address: l J( OW K. 6,. (A)Y c Signature: ( ..-- 0 _MA (it I A Date: 77z 6/63 COMMENTS: c-t6 ilOIV) AL rS COAOLY 62)(TK. .T.t.ter OVL—iE Ccuapl-e (Si 0 1 LA AN c5 I NcoN6 r cc= tO rCR eTtSTr \tO A.L AF G- E I k(e- `(S ioN Y" ior, ' City ref-We Public Hearing Item No. 2 Rezoning 03-08 Wylie Lakes Planned Development Planning and Zoning Commission Meeting: August 5, 2003 Owner: Wylie Lakes LTD Applicant: Allan Bussell Location: East of County Road 389 (Forrest Ross Road), south of Skyview Drive and north of KCS Railroad Existing Zoning: Agriculture (A) District Requested Zoning: Planned Development (PD) District for a Mixed-Use Village Center Community, including Single-Family Residential, Neighborhood Services Retail, and public park uses Summary: The applicant is requesting rezoning of the subject property in order to permit a master planned multi-use community comprising single-family residential neighborhoods of varied densities and building types, retail uses and public open spaces. The proposal is intended to create a viable Village Center concept as defined by the Comprehensive Plan, and, through coordinated planning and design, better address several development constraints of the property as well as take advantage of its Lake Lavon adjacency. The entire 121 acres included within this Planned Development District are currently zoned Agriculture (A), which is generally a holding District until appropriate urban land uses are proposed. The property is undeveloped, except for several major underground water transmission lines within easements. ZC 03-08: Wylie Lakes PD The properties abutting the subject property to the south are zoned Industrial (I) or Agriculture (A) and are occupied by the railroad tracks and switching operations. County Road 389 (Forrest Ross) serves as the western boundary of the tract and Skyview Drive bounds it on the north. A small property to the northwest of the tract is zoned for Neighborhood Services (NS), but is partially publicly-owner and not developable for private retail uses. Most of the properties to the north across Skyview are within unincorporated Collin County, and are owned by the United States Army Corps of Engineers and are developed as Lake Lavon and adjacent open space lands. Abutting properties to the east are within unincorporated Collin County and developed Lavon Ranchettes rural residential subdivision. The property covered by the requested Planned Development District is fragmented into several isolated parcels and completely enclosed by these other properties, which are largely undevelopable or already developed. The Concept Plan for the Planned Development District divides the overall property into three distinct tracts along the lines of the other fragmented ownerships and infrastructure corridors. The western tract is defined on the east by the future extension of Spring Creek Parkway as Park Boulevard, and encompasses 29 acres or 24 percent of the total PD area. This area is landlocked, by C.R 389 on the west, the railroad corridor to the south and North Texas Water District property and water transmission easement on the north. The PD restricts this western Tract 1 to 8,500 square feet Single-Family residential lots to comply fully with the SF 8.5/17 regulations of the Zoning Ordinance and public park land to connect the residential neighborhood to Federal open spaces, as well as some Neighborhood Services(NS)retail to this western Tract 1. The central portion, Tract 2, is 55.5 acres or nearly 46 percent of the total PD area. It is bounded to the west and east by Federal Lake Lavon open space lands, to the north by Skyview and Lake Lavon and to the south by the railroad, and is traversed on its south by major water transmission lines. The extension of Spring Creek Boulevard as Park Boulevard is planned to dissect this tract. The Concept Plan allocates this tract for Neighborhood Service retail, patio houses designed to Townhouse regulations and 8,500 square feet Single-Family lots, as well as a public park. The eastern Tract 3, 36.5 acres or 30 percent of the total, is allocated to Single-Family residences on one acre lots. This tract is restricted on the west and north(across Skyview Drive) by Federal property and to the south by the railroad that cannot be developed for other uses. The eastern boundary is the unincorporated Lavon Ranchettes subdivision. The Conditions of the Planned Development District establish the maximum possible number of single-family residential lots and dwellings at 293, including 80 lots for detached patio houses and/or attached townhouses, 185 8,500 square foot detached lots and the remaining 28 lots of one acre or larger. All residential developments are to comply fully with the standard residential development requirements of the Zoning Ordinance. ZC 03-08: Wylie Lakes PD The proposed Neighborhood Services retail and office uses are located adjacent to the proposed of the major thoroughfare Park Boulevard, and abut lands outside of the PD which are already zoned for Neighborhood Services. The PD Conditions require that nonresidential development comply fully with the requirements of the Zoning Ordinance. Public Comment Forms were mailed to twelve (12) property owners within 200 feet of this request. No Comment Forms have been returned at the time of posting. Issues: 1. The stated purpose of a Planned Development District is to allow the combining of uses and regulations of various zoning districts, which is not allowed by straight zoning, and to permit flexibility and innovation in the use and design of land and development beyond the minimal requirements of the Zoning Ordinance. The recent revisions to the Zoning Ordinance were specifically designed to provide such flexibility and thereby avoid the need for PDs, and the subject request requires that all development comply fully with the standard regulations of the Ordinance. The proposal complies fully with all standard regulations of the Ordinance, and could have been packaged as several straight-zoning requests, but such would require exacting land surveys of each independent land use area which is not appropriate at this stage of planning with no guarantee of allowed uses. However, the configuration and disconnectedness of the subject property, the intended mixed uses of this request, as well as both the significant amenity offered by the adjacent Lake Lavon lands and the potential constraints to development imposed by the characteristics of the site and adjacent rail corridor, justify its rezoning as a coordinal Planned Development District rather than as separate development proposals regulated by differing zoning categories and limited potential for connectivity and coordinated control. 2. The Comprehensive Plan recommends that the western half of the subject property (Tracts 1 and 2) be developed in Suburban Residential uses, with single-family dwellings on lots of between 10,000 and 30,000 square feet. The Plan recommends Country residential uses, with lots of one acre and larger, for the eastern half of the property (Tract 3). The requested rezoning to smaller residential lots is not consistent with these recommendations of either the adopted or draft revision of the Comprehensive Plan. However, the Planning and Zoning Commission is in the process of considering potential revisions to the Comprehensive Plan, and envisions a Village Retail Center in the northwest of the subject property, building on existing Neighborhood Service retail zoning in that area. The Village Center concept of the Comprehensive Plan focuses residential uses around a central commercial/institutional core in decreasing densities as the distance from the nonresidential core increases. Higher-density residences, including smaller-lot single-family ZC 03-08: Wylie Lakes PD detached (SF 8.5/19) or attached dwellings such as townhouses and multifamily dwellings, are to be located nearest to the office/retail to encourage pedestrian access. Lower-density residential uses are to radiate outward from this central core in concentric circles, decreasing in sizes of lots and density through Suburban (at 10,000 to 30,000 sq. ft. lots) to Country (1 ac. and larger) Residential. The proposal does generally comply with the Village Center philosophy of the Comprehensive Plan. 3. The applicant desires that the Concept Plan of the PD, although illustrating street and lot layout in some detail, serve as a Concept rather than a Development Plan. Therefore, each phase of development within this Planned Development District shall require the approval by the Commission and Council of a detailed Development Plan which closely conforms to the approved Concept Plan prior to platting and the initiation of construction, allowing reevaluation and the remaining overall scheme. Each subsequent Development Plan review provides both applicant and City an opportunity to modify the overall scheme of the PD. 4. The Subdivision Regulations require alleys within all residential developments. The PD Conditions waives this alley requirement throughout the property. Staff concurs that alleys are not appropriate when lots back onto open space or the railroad corridor as much of the PD land does, nor for residential lots larger than 10,000 square feet. Based on such criteria, few alleys would be required for this PD. 5. The proposal will dedicate approximately 5.5 acres of public park land in several parcels throughout the PD, compared to the 3.2 acres which would normally be required (213 single- family detached lots at 1.5 acre per 100 dwellings — attached Townhouse dwellings are exempted from the park land dedication). On July 28, the Park and Recreation Advisory Board voted 7-0 to approve the proposed concept, with the stipulation that the applicant consider providing parking at the major park and drainage issues related to the pond be addressed. The PARABoard will have an additional opportunity to evaluate the more exact dedication at the time of platting. 6. The applicant contends that the adjacency of the property to the extensive public-access open space of the U.S. Corps Lake Lavon properties justifies the higher residential densities of the smaller lots. The gross overall density allowed by this Planned Development District is 2.4 dwelling units per acre (293 maximum dwellings on 121 acres). When adjusted for some Neighborhood Retail development, the gross residential density allowed by the PD is 2.5 dwellings per acre (293 units on 116 acres). When the 31.4 acres of adjacent Federal open space (not including any lake front properties across Skyview) are considered, the gross density of the PD will be 1.9 dwellings per acre (352 dwelling on 152.4 acres). If developed according to the recommendations of the Comprehensive Plan, approximately 2.1 dwellings per acre with 20,000 sq. ft. lots on the western 84.5 acres and one acre lots on the eastern 36.5, the PD area could accommodate a maximum of 214 dwellings (or gross density of 1.8 dwellings per acre) compared to the requested 293. ZC 03-08: Wylie Lakes PD Although not directly related to the current request, the following is a comparison of gross residential densities of recently approved residential developments: • Bozman Farms—2.84 d.u./ac. (1,350 SF units on 475.8 acres, including 173 ac. of open space) • Woodbridge (North/Wylie)—7.1 d.u./ac. (665 SF dwellings on 93.9 ac., w/no open space) - 8.45 d.u./ac. (665 Sf and 293 MF on 113.4 ac.) • Woodbridge (Sachse w/G.C.)—2.5 d.u./ac. (980 SF dwellings on 211.5 acres, including 179 acre golf course). 7. In June, the City Council denied (in a split vote) a request for rezoning of the subject property by the same applicant because the proposed small lots did not conform to the Comprehensive Plan. Staff and Planning and Zoning Commission also recommended denial of that earlier request, which would have allowed 352 lots or a density 3.2 dwelling units per acre. The current request attempts to address the earlier concerns of high-density and provides a density closer to that recommended by the Comprehensive Plan. Staff Recommendation: Approval. The proposal conforms to the Village Center concept of the Comprehensive Plan, and the proposed density compares favorably to the recommendations of the Plan as well as to other approved mixed-use Planned Development zoning. Attachments: Location Map Conditions for the Planned Development District Conceptual Plan Notification List and Map 1 tit la �:���iiiifil::i 111,E I Z.- Coon Rood 384 raIV 1111 x LlwaY,. hi ��� rk Ti ,. Woi � ` . �/,„ , ...... „: . .'''',,, ./--.'� i /� // .< 1 I iroo .. e — (/ij' i go1 i Ii ! y 1 if Vi i I I 1 1 //� o �g State Hi hwa No. $ 1 JI I ' ;-� 1 ! _ omu �� I I I 1 II 1F-11 ------ Minillii -71 II II I.1. gil , Ill r; i'i iiill � 1 S R�,� ` I I (I I I l 1 1 2;_ I nnum /1 EllI 1 I I1 1 _ 1 1 I `it--,a,.;.,—Wa arm=,, Immummi10110 II w I / / t I I I I ( 117/1��. III I - LOCATION MAP ZONING CASE #2003-08 Exhibit"B" Conditions for Planned Development District Wylie Lakes A Village Center Development 1) Statement of Purpose: This Planned Development is intended to achieve an efficient and balanced mix of land use on diverse properties of limited connectivity and varied configuration, addressing adjacency to Lake Lavon Public Lands, a railroad yard and corridor, and providing for the extension of Park Boulevard. 2) Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance of the City of Wylie as adopted and amended, except as specifically provided herein; 3) General Regulations: All regulations providing for a Residential and Village Center District as set forth in Section 3.1 (SF-1A/26), Section 3.3 Village Residential Districts (TH and SF- 8.5/17), and Section 4.1 Village Center Neighborhood Service (NS) District of the Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the provisions hereunder. 4) Development Plans: Development plans shall be submitted and approved for each and all subsequent phases of development and each phase shall be in conformance with the Conceptual Plan attached herewith in Exhibit'C'. However, in the event of conflict between the Concept plan (Exhibit'C')and the written conditions of this ordinance, the written conditions shall apply. 5) Specific Regulations a) Land Use i) Uses per City of Wylie Zoning Ordinance (1) Tract 1 (a) Neighborhood Service (b) SF-8.5/17 (2) Tract 2 (a) Neighborhood Service (b) SF-8.5/17 (c) TH (3) Tract 3 (a) SF-1A/26 b) Development Standards i) Residential per point requirements for SF-1A/26, SF-8.5/17, and TH contained in the City of Wylie Zoning Ordinance. Figure 3-12 of the City of Wylie Zoning Ordinance shall apply for Country Residential District SF-1A/26. Figure 3-14 shall apply per Village Residential Districts SF-8.5/17, and TH of the City of Wylie Zoning Ordinance. ii) Non-Residential per point requirements of NS. Figure 4-6 through 4-8 of the City of Wylie Zoning Ordinance c) Residential density and lot requirements: i) Density and Residential Lot mix (1) Number of Residential units: (a) 293 units maximum (2) Distribution of the Single Family Dwelling Unit types (as specified in the following text: TH, SF-8.5/17, SF-1A/26)shall be distributed as shown on the Concept Plan Exhibit'C'. (3) Lot mix for Single Family shall not exceed: (a) 80-TH Patio Homes or Single Family Attached (b) 185-SF-8.5/17 Single Family Detached (c) 28-SF-1A/26 Single Family Detached (d) The overall total number of lots shall not exceed the maximum number of units allowed in this Planned Development. d) Alleys (1) Are not required. t(SINGLE-FAMILY DEVELOPMENT Et iop,.. , MANUFACTURED _ NOME AND CO1.'A9ERNU1 ESTATE / DEVELOPMENT la SO xa S LOT 20 RANDNETTE$ 1116‘‘ ,,,_ ____.---- / 40114110 DOA NETT ue LAKE UVON / � USA \ Ili Mg ri6 PN4N7 \\Y MONIES y-•-S _- ._ 1i1111 III � , PARKLAND / ,�.Jf POND 715d" I, + 421 PARKLAND Vat PARKL BdI TIlirritip ., 9 Wylie Lakes \\7� , v/ A MIXED USE COMMUNITY j �� / EXCHIBIT C NORTHPLAN \� JULY 10, 2003 WATER TE1u8 MUNICIPAL ' WATER DISTRICT .., ` VN3T73,PO OI TRACT 3 �� p. � NORTN TE Afi A+urtlgPuv\\R / ams� 185-SF 8.5/17(184 shown) IPI AORTH rESUT 80-TH(77 shown) Vd /, +ae ORCCoTv. yY - i 28-SF•i A/28(28 shown) PO D Aka 293-TOTAL .'.1 p, \ �NORTh TE%AB MUNICIPAL WATER DISTRICT ` / v� �� v LAeae,PoAa8O NICCPA Neighborhood Service(Commercial)±5.7 �� . _ 1© Acres �I�� *At'•nil\ig � Park outside easment:±2.1 Acres LS �� r'� S Park inside easement:±3.4 Acres j, p 111 I if)/ I �A..../ ��►�� ,� JUL 3 1 2003 G EDWARDS 3y-_ ��.-� INEERING SERVICES,fit: �.ru.-.- t`\� PI:18a0 D2907 Fn:(9WI ae2 to :v! .. `� wWW.peea.ue NOTIFICATION REPORT APPLICANT: Allen R. Bussell Greg Edwards Engineering S APPLICATION FILE #2003-08 1621 Amanda Ct Ponder,Texas 76259 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Allen R. Bussell 621 Amanda Ct 1 Greg Edwards Eng. Services, Inc. Ponder,Texas 76259 PO Box 2408 2 Abst 688-01 Tract 74 R-6688-001-0740-1 North Texas Municipal Water District Wylie,Texas 75098 (Corps of Engineers) 3375 Skyview Drive 3 Abst 688-01 Tract 4 R-6688-001-0040-1 USA Wylie,Texas 75098 5949 Sherry Lane, Suite 1225 4 Abst 600-02 Tract 72 R-6688-002-0720-1 Arapaho East, Inc. Dallas,Texas 75225-8067 427 W. 12th Street 5 688-02 84 R-6688-002-0840-1 Kansas City Southern Railway Co Kansas City, MO 64105-1403 427 W. 12th Street 6 688-02 197 R-6688-002-1970-1 Kansas City Southern Railway Co Kansas City, MO 64105-1403 PO Box 2408 7 688-02 29 R-6688-002-0290-1 North Texas Municipal Water District Wylie,Texas 75098 PO Box 276 8 688-02 86 R-6688-002-0860-1 Wylie Simtrott, Inc. Wylie,Texas 75098 427 W. 12th Street 9 688-02 207 R-6688-002-2070-1 Kansas City Southern Railway Co Kansas City, MO 64105-1403 1614 Woodmeadow Ct. 10 688-02 71 R-6688-002-0710-1 Watkins &Whitehead Partnership Wylie,Texas 75098 427 W. 12th Street 11 688-03 207 R-6688-003-2070-1 Rice-Carden Corp Kansas City, MO 64105-1403 5949 Sherry Lane, Suite 1225 12 688-03 31 R-6688-003-0310-1 Arapaho East, Inc. Dallas,Texas 75225-8067 13 14 15 16 17 18 Do — / a ,E, g0" c°Z 9� . .,, g - 1 l 1 a a ...... . c, , ,.,..,..:- . -. 1 ur a a , i 0 a i ...... , 1 a a ..... ..... , „ ..._________......_......___.. a a 1 I I I .._.___......_......_. a _____ I i - ....„_ ., „, v i -- - __- -111111.1- I II /" rE - ./'-/ /'" , F� Y 11111 ....... I 3�t i i Y � /' { a i( - f1 CCCfi" _ f r i / ....if'e;ir:0'' 1ir,)::f':,,-1,,:,.-:-„.:.::.,•.,..:-'•,-1,.:':.::•,',,,A.7.,-;,':..-.1,6,,-:k,:,,,-;,,5..,,'-4---:-'`;Pt-,-*,I,,,f---•1:•,1,,,:,-,4,17:,'0-.i:-4--,--1-.,1,;:-4-,:;;:::--',.-•.'.,;.,.;-.- ;i1 ! ``,,u�� C 1 - 'z urn { 1 if 1 ,a l Gyr 4 ,� �,-./ ,, 3 f -' t y,,,y6V .i IJ i Mo 4, E Pia UIIO'J 1. .. I' iI } e' Molds Writiti4r.1111i1110 Ileiri'1,-..,F. t %J'4 >/\ . f City of*he Public Hearing Item No. 3 Rezoning 03-09 Dickey's Barbecue Restaurant PD Planning and Zoning Commission Meeting: August 5, 2003 Owner: Cathy Fowler Applicant: Art Stone of Cooper General Contractors Location: 1301 Century Way at S.H. 78, being Lot 1, Block C of the Century Business Park Addition Existing Zoning: Business Center(BC) District Requested Zoning: Planned Development (PD) District to allow a restaurant with drive through service Summary: The applicant is requesting rezoning to a Planned Development (PD) District in order to allow construction and operation of a restaurant with drive through services. The applicant contends that drive-through services are an intergral part of the restaurant's services and its success. The subject property is currently zoned Business Center (BC) District. The purpose of the BC District is to provide for a broad mix of office, technology and light industrial and related business support uses as regional employment center. Restaurants without drive-in or drive-through service are allowed within the Business Center District, but restaurants with such drive-through service are not allowed. The subject property has been platted as Lot 1, Block of the Century Business Park Addition since 1986, and totals approximately 1.7 acres in size. It is undeveloped. ZC 03-09: Dickey's PD The applicant plans to use the western one (1) acre fronting state Highway 78 to construct a restaurant of 4,254 square feet as well as associated parking. There are no current plans for the remaining 0.7 acres to the west of the subject site. However, the entire 1.7 acre Lot 1 is included within the Planned Development District and the Lot is not to be replatted into two lots at this time, leaving the applicant's options open to allow either future expansion of the restaurant or sell of the smaller rear lot for other development. The remnant of lot is sufficient to allow some future development. The property abutting to the northeast is currently zoned Business Center (BC) and is developed as an automotive sales facility (a Legally Nonconforming Use). Properties to the east, south and west are zoned for Business Center uses, are developed in a variety of uses. The surrounding area was previously zoned Industrial (I), and a number of properties developed according to the earlier code regulations are currently Legally Nonconforming. Public Comment Forms were mailed to fifteen (15) property owners within 200 feet of this request. Two Comment Forms have been returned at the time of posting, both FAVORING the proposed rezoning.. Issues: 1. The Comprehensive Plan recommends Business Center uses for the subject property. The requested restaurant with drive-through conforms with is recommendation. 2. When formulating the current Zoning Ordinance, intended to implement the Comprehensive Plan, it was determined that sit-down full-service restaurants are more compatible with the employment-generator character of the Business Center than are drive through services. Restaurants without drive through services are permitted by right in all zoning districts, whereas those with drive-in services are permitted only within the vehicular-oriented Corridor Commercial (CC) and Community Retail (CR) Districts. The previous Zoning Ordinance made no distinction between restaurants with and those without driving services, and would have allowed the restaurant and drive-through services at the subject location. 3. The subject property fronts State Highway 78 and reflects locational characteristics of the CR and CC Districts, rather than to the interior of the Business Center reflecting more office/retail support. 4. The Conditions of the Planned Development District require that the restaurant comply in every way with the standard requirements of the current Zoning Ordinance except for allowing the drive-through services. The drive-through services shall not be located on any wall facing a public street. These Conditions also apply to the smaller remnant of the Lot. ZC 03-09: Dickey's PD 5. The Development Plan illustrates the proposed layout, and includes a tabulation of design elements which comply with the regulations of the Zoning Ordinance. The Plan provides internal cross-access to the adjoining remnant lot, but not to the abutting parcel to the northeast which is already developed. Staff Recommendation: Approval. The existing development complies with current code requirements except for the additional drive-through use, which is compatible with its location along a major thoroughfare as well as with current and anticipated neighboring uses. Attachments: Location Map Conditions of the Planned Development District Development Plan Notification List and Map and Responses Hy / i 1 1 It-I I 'tfti, z/ i i L___ „sts iut ii';!IIIb ;hI •40�,�. 0C gluonr411.4 /1lll •I nl at. 0 �� �ll i� _,. :�. w IRii�1i: .►,,r„ �iliiiiilnll� j -• ,/`,ilumnum -•��, . a11111�11111/1r.' Subject �.u.�i11�1� ���. . �� •rmnm io nu ►t s■ ��,r . 18�E Property = umumIuia m D 11U!. 4 )IIMIllh111UW 111 i e • 44,n1= -ram , `Uilllilit� �-��E illlllll�1="_ ==r- r. •. ; ---f ; 1 11111 1 ► , i l I i �W. it 1 ' ' 'a am , �l 1 i , 11 .iiiiiir .411deri ' 1 I I - -1 I----2 1 ir % rift vi,„_., 1 , , _.: m_i11•• 1 j AS Kt* U Iij IE� ` `0� _ _ 1{ �S �w,, ran .o0 il I( 1 t WI t FM11M\ IIIIII I!II) F. i i- " TT ( n1lij - Ii ii1i �lii►Illf �‘ - .'ii 5 ' t tiimi I �. -11 • nE ---ti I-4 \ \ 1 I- I (//IJ/IIIlll///full/ \ 1 NNW y \ i I ? I I NNW ! \ y1 I I ' �IIIJItlllJll \ \ e...4, Li iit \, \ _____,„I ' I LOCATION MAP ZONING CASE #2003-09 Exhibit "B" ZONING CASE NO. 2003-09 Conditions of the Planned Development District 1301 Century Way ( Lot 1, Block C, Century Business Park Addition ) General Conditions: 1. The purpose of this Planned Development ( PD ) District is to allow for a restaurant with drive-thru service, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Planned Development District request shall not affect any regulation found within the Code of Ordinances, unless specifically provided herein. 3. All regulations of the existing Business Center ( BC ) District set forth in Section 4.2.B of the Zoning Ordinance ( as adopted February 27, 2002 ) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Planned Development District Permit shall apply only to Lot 1, Block C, Century Business Park Addition, and shall not be transferred or applied to other uses or properties in any way. The applicant and operations shall remain in compliance at all times with all applicable local, state and federal laws and regulations. 2. The following uses shall be permitted as functions of the PD: a. All uses allowed within the existing BC District. b. Restaurant with drive-thru service,without SUP. 3. The drive-thru service window will not be located on any wall that is facing public streets. 4. The applicant shall be in compliance with the existing BC code in every respect except for the drive-thru service. End of Exhibit "B" EXHIBIT "C" • LANDSCAPE DEVELOPMENT PLAN • • • AREA,24.0� � —_ _— �_ SCALE 1 =40'0" DATE:07/09/03 N.� • e � \\ �� TRASH ! 0 6 10 20 40 L.!'t......r. tillP I t O SEASCAPE p o DICKEY'S BARBECUE PIT MONUMENT . '°r"" �/1 1 PRE-MENUI WYLIE. TX SIGN . DicrvcriDrvALJ +� � aoa:�DaD / • �I11 ® TABULATIONS PROPOSED J AREA 1 / DOMESTIC uNE _ - • AREA 2 DICKEY'S - FUTURE • SITE AREA EXISTING BARBECUE PIT DEVELOPMENT AREA 1(DICKEY'S) 43,713 S.F. WATER LINE 19.00 24.00 7. _ AREA 2(FUTURE DEVEL.) 31,421 S.F. 4,254 S.F. ® / TOTAL 75,134 S.F. 50.00 j ` �.V LANDSCAPE AREA 12.00 20.00 38.00 ___20_00 5j00 /• REQUIRED PROVIDED 7,600 S.F (ADDITIONAL LANDSCAPING PROVIDED=3,329 S.F.) v. • _____.___AQ� a� ' ( PARKING SPACES REQUIRED= 45 . �0.5L I P �0 DRECnorvAL PROVIDED= 48 CO _ X\ }� Lh, n scn I / (ADDITIONAL PARKING SPACES PROVIDED=3) h '''-LANDSCAPE AREA,TYR. DIRECTIONL H sm SS..''''IS. SIGN � 1 POINT PER SECTION 4 OF ZONING ORDINANCE 4 UJiDSCAPE UPNDSCA MONUMENT a AREA,rrP. - TMPPE / SITE DESIGN 10 SIGN I BUILDING PLACEMENT 13.5E 1'" 0.FOOTPRINT<10,000 S.F. 10 — C.FRONT FACADE ORIENTED TO THE STREET 10 0 _ I N O / PARKING PLACEMENT A.NO PARKININ: ; jj5 • —, L. .� 10 co SS urvE TOTAL NUMBER OF LAND DESIGN POINTS 70 CENTURY WAY EXISTING LANDSCAPING '^a LANDSCAPING IN REQUIRED YARDS / A.LANDSCAPING THAT EXCEEDS MINIMUM 5 B.LANDSCAPING INSID2.AND FEAR YARD 10 ' — ---• __ -____ ------ ` LANDSCAPING Or PARKING LOTS \ A.EXCESS OF 50 SQ.FT./SPACE 5 • • ' -_ B.SPACES WITHIN 40 FT.OF LANDSC. 10 • E A C.LAND.FED.CONNECT.TO ENTRANCE 20 EC, L --- _ �� oes'�w!' LANDSCAPING OF STREET FRONTAGES m _ a € 10�F B.INC.IN MIN.WIDTH OF LAND.BUFFER 5 --' '° 4'0-" C.INC.IN WIDTH OF PUBLIC WALKWAY 10 I '. 3 - o TOTAL NO.OF LANDSCAPING POINTS 65 3; 4 ,��� ARCHITECTURAL w BUILDING MATERIALS R, oq, J a A.2 COMPLEMENTARY PRIMARY MATERIALS 10 c I 9 K' w BUILDING ARTICULATION,FORM AND MASSING „ " v L ___s' YLroor c A.BASE STDS.TO ALL FACADES. JUL tI a LOB n L - B.ARCHITECTURAL DETAILING 10 I/' a g i g. TOTAL NUMBER OF ARCHITECTURAL POINTS 40 Windi 33.31 Kristen Ln _ •_ _..-.7:A^ --WA,anic LD Alms Dr O a ARCAT—ECTS LOCATION MAP ''R NOTIFICATION REPORT APPLICANT: Art Stone of Cooper General Contractors APPLICATION FILE #2003-09 1225 East Crosby#A-1 Carrollton,Tx 75006 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Art Stone 1225 East Crosby, #A-1 1 Cooper General Contractors Carrollton,Texas 75006 Highway 78 Business 2100 Lakeview Pkwy. 2 Blk A Lot 1 R-4002-00A-0010-1 Collision Center Paint&Body, Inc. Rowlett,Texas 75088-3340 Highway 78 Business 5 Manor Lane 3 Blk A Lot 7A R-4002-00A-007A-1 William George Allen,Texas 75002-81 15 Century Business Park 2695 Villa Creek Dr. #145 4 Blk C Lot 1 R-2103-00C-0010-1 Heatley Moist Inc Dallas,Texas 75234-7392 Century Business Park 2695 Villa Creek Dr. #145 5 Blk C Lot 2 R-2103-00C-0020-1 Heatley Moist Inc Dallas,Texas 75234-7392 Century Business Park 14160 Dallas Parkway#500 6 Blk C Lot 3B R-2103-00C-003E-1 Charles Wood, Jr. Dallas,Texas 75254-731 1 PO Box 650324 7 Abst 841 Tract 6 R-6841-000-0060-1 USA Cars Inc. Dallas,Texas 75265-0324 3118 Tina Street 8 Abst 267 Tract 21 R-6267-000-0210-1 Oscar Garcia Sachse,Texas 75048-31 10 1538 Tanglewood Lane 9 Abst 267 Tract 14 R-6267-000-0140-1 Victor Trevino Garland,Texas 75042-8144 231 7 Sylvan Drive 10 Abst 267 Tract 16 R-6267-000-0160-1 Guadalupe Story Garland,Texas 75042-3362 2209 Michael Street 11 Abst 267 Tract 63 R-6267-000-0630-1 Estella Humphries Garland,Texas 75040-1300 402 N. Gaston Drive 12 Abst 267 Tract 69 R-6267-000-0690-1 David Whitmore Wylie,Texas 75098 402 N. Gaston Drive 13 Abst 267 Tract 20 R-6267-000-0200-1 David Whitmore Wylie,Texas 75098 PO Box 66016 14 DART Rail Way DART Railway Dallas,Texas 75266 Bill Lovil, P.E. PO Box 90 15 SH 78 Texas Dept. of Transportation McKinney,Texas 75069 16 17 18 ! z f i i 3G, i ;, 5 I/ , � ,, 44 k �. I ! v N I. 1 lad ;,,, 2 i 4q - . . 0 . . I A N >, © _ 5 o ® r * 47\VOR\ X •--= Or PO 5 t-,--.'''-' 21(i 3 -°q (f _ 1 1 boo 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 #2003-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-09. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, August 5,2003, 7:00 pm Municipal Complex,2000 Highway 78 North, Wylie, Texas Date,Location&Time of City Council meeting: Tuesday, August 25,2003,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: C l I I c.l !D)t1 C(please print) print) Address: / a / /7/te y, -5-, 7 c, at ei 1-26 7 -o ? Signature: " Date: 7 . z- _C j 3 COMMENTS: JUL-31-03 02 :37 PM HEATLEY CAPITAL CORP. 972 888 9942 P. 02 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 K #2003-09. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2003-09. Date,Location&Time of Planning&Zoning Commission mccting: Tuesday,August 5,2003,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council mccting: Tuesday.August 25,2003,6:00 pm Municipal Complex, 2000 Highway 78 North, Wylie,Texas Name: ["is' Cl4t:.4,1 D. � �,.- (Please print) vy Address: 4 IA(1k Ck Tl/1J4 � ( C`r r ` 5234 Signature: _ —� Date: e 03 COMMEN S: -1 6 0 bus'e u.iess ea.,/(c. tAfetis piaele--- 6- 4(' ( 461 , LA , ---rq 4t,,,,,41.e_ i t 0 o' Ciiy-0f Mile Action Item No. 1 Proposed Revision to the Comprehensive Zoning Ordinance Planning and Zoning Commission Public Hearing: August 5, 2003 Applicant: City of Wylie Issue: Schedule a Public Hearing to 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 following provides the staff recommendations and support information for revisions to the Zoning Ordinance which was discussed by the Commission in Work Session on July 15, 2003. Administration of the revised Zoning Ordinance, adopted by City Council in February of 2002, has identified several issues in need of revision. These revisions relate to exterior building materials for residential uses, the size and materials for accessory buildings and the permitting of temporary uses. Also included in the following is a recommendation for allowing certain building encroachments into required yard setbacks, which the Commission has not previously discussed. Other revisions may be considered at the Commission's direction. The Commission should consider calling a Public Hearing for September 16 to receive citizen comments on these proposed revisions. The City Council could then hold a hearing on either September 23 or October 14 to consider adoption of the revisions. 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: 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of one-hundred percent (100%) 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 percent (25%) 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 feet (2') 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: 4. When other materials are required to blend with the existing historic architecture of the house. 5. 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. 6. When a specific 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 7. 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 façade 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: 8. Other materials are required to blend with the historic architecture of the house, especially within downtown Wylie; 9. The construction is infill construction and the predominant materials used in the neighborhood are other than masonry;and 10. 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 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 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 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 feet (50') of any property line. 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 façade 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 façade 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 feet (20') 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. (1) 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. (1) 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. (1) 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. SCHEDULE FOR REVIEW & ADOPTION In an attempt to consider these revisions in an expeditious manner, the following schedule is proposed. 09/16/03 P&Z Public Hearing and recommend to Council 09/23 or 10/14/03 Council Public Hearing to amend Zoning Ordinance STAFF RECOMMENDATION Modify the recommendations as appropriate and call a Public Hearing for September 16 to receive citizen comments concerning the proposed revisions to the Zoning Ordinance.