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07-15-2003 (Planning & Zoning) Agenda Packet Planning & Zoning Commission , 1 ' City of Wylie July 15 , 2003 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL, COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, July 15, 2003 7:00 p.m. CALL TO ORDER INVOCATION& PLEDGE OF ALLEGIANCE WELCOME NEW BOARD MEMBERS -Red Byboth and Chris Seely CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the June 17, 2003 Regular Meeting. 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. 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. WORK SESSION 1. Discuss proposed revisions to the Zoning Ordinance, including exterior building materials other than masonry, accessory buildings and temporary use permits. ADJOURNMENT Posted Friday,July 11, 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 June 17, 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 William Chapman Terry Capehart, Planner Don Hughes Mary V. Bradley, Secretary Mike Phillips Carter Porter Tony Snider 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. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the June 3, 2003 Regular Meeting. A motion was made by Commissioner Hughes, and seconded by Commissioner Chapman to approve the minutes as submitted. Motion carried 6—0. ACTION AGENDA 1. Consider and act upon approval of a Site Plan for the New Hope Christian Church, being all of a certain 12.734 acre tract of land generally located south of Brown Street (F.M. 3412) and east of Country Club Road(F.M. 1378), City of Wylie, Collin County, Texas. Thompson stated that the Site Plan is for Phase 1 of a Church facility. The subject tract totals 12.734 acres, and the proposed initial building will total 19,231 square feet. P & Z Commission Meeting June 17, 2003 Page 2 of 5 Thompson reviewed the zoning of the subject tract and surrounding properties. Existing single- family housing abuts the subject tract both to the east and south and undeveloped agricultural lands lie to the west. Two residential streets were stubbed out to this tract from the adjoining residential neighborhoods with the anticipation it would eventually be developed as single- family housing. On the west side of the proposed building a large detention basin will be constructed to retain on- site storm water to pre-development levels. The basin will be constructed of concrete and will form an amphitheater with steps leading between the water and the building. The engineering and utilities for future expansion of the church, which will be directed toward the south and rear of the property, will be completed in this initial phase of development. The proposed entry drive for access to Brown Street (F.M. 3412) has tentatively been approved by TX DOT but is still under review and will be finalized in the Final Plat before any building permits will be issued. Commissioner George requested elevations for the buildings. Rex Thain, representative from New Hope Christian Church, stated that construction plans for Phase One will of the building have been submitted to Building Inspection for review, but were not available for review by the Commissioners. Initial construction will include a multipurpose building for use as gymnasium and sanctuary, with Sunday school rooms and offices. The drainage basin/amphitheater will be coordinated with the building as an outdoor room for meetings and presentations as well as an aesthetic recreational amenity. The inside seating will complement and be shared by the outside amphitheater seats around the stage. The stage will be two feet above the finished floor inside the building. Commissioners questioned the alleys on the east and south side of the property. Thompson stated that the alleys that were constructed along the eastern and southern property lines have stub outs onto the subject property that will be removed and the right-of-way will be swapped by the City of Wylie for additional alley right-of-way to connect the alley into a loop along the southern property line to Towngate Drive and extend it to the west property line. The access to Nickelville will be closed and Towngate will provide limited access to the parking for future expansion of the church, but no through circulation will be provided across the site between the neighborhoods and Brown Street. A motion was made by Commissioner Chapman, and seconded by Commissioner Snider, to approve the Site Plan as submitted. Motion carried 6—0. 2. Consider a recommendation to the City Council regarding a Preliminary Plat for the New Hope Christian Church Addition, being all of a certain 12.734 acre tract of land generally located south of Brown Street (F.M. 3412) and east of Country Club Road (F.M. 1378), as recorded in a deed to New Hope Christian Church of Wylie in Volume 5237, Page 3267 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. P & Z Commission Meeting June 17, 2003 Page 3 of 5 Thompson stated that the Preliminary Plat will create a single 12.734-acre lot for church related uses. The two residential streets (Towngate and Nickelville) which dead end into the subject property will provide limited access to the parking for future expansion of the church, but will not provide any through access between Brown Street and existing portions of the Westgate Addition to the east and south. A motion was made by Commissioner Phillips, and seconded by Commissioner Chapman, to recommend approval to the City Council regarding the Preliminary Plat for the New Hope Christian Church Addition. Motion carried 6—0. 3. Consider and act upon approval of a Site Plan for Wal-Mart Supercenter #5210, being all of a certain 18.935 acre tract of land generally located north of State Highway 78 and west of Spring Creek Parkway, being a portion of Lot 1, Block C, Woodlake Village Addition, City of Wylie, Collin County, Texas. Thompson stated that the Site Plan is for a Wal-Mart retail store. The building will be 187,437 square feet in size with an additional fuel center, on a lot of 18.935 acres in size. An additional 1.065-acre out parcel is located in the southwest corner along S.H. 78 for future commercial uses and a 7.373-acre lot to the west will be developed by others at a later date. The primary public access will be from State Highway 78 and Spring Creek Parkway while deliver trucks and other service vehicles will access the property on the north side from Centennial Drive. Wal-Mart has agreed to expand Spring Creek Parkway to four lanes from State Highway 78 to Centennial Drive to accommodate the additional traffic associated with their facility. A major 90 feet wide drainage easement traverses the Wal-Mart tract from west to east that currently carries storm water from Centennial Drive and the adjacent property to the west in an open channel crossing Spring Creek Parkway and continues east. This channel will be fully enclosed in a box culvert under the Wal-Mark parking lot and tie-in to the existing culvert under Spring Creek Parkway before returning to a natural channel on the east side of Spring Creek Parkway. Thompson reviewed the building elevations, indicating treatment of loading and open sales areas as well as color schemes. Commissioner George questioned the type of screening for the concrete compactors located on each side of the building and around the dumpsters. Rob Adams, Adams Consulting Engineers, 500 Nolen Drive, Suite 550, Southlake, Texas, represented the engineer, stated that the screening will be made out of masonry wall and will comply with the regulations set forth in the Zoning Ordinance. A motion was made by Commissioner Porter, and seconded by Commissioner Chapman, to approve the Site Plan as submitted. Motion carried 6—0. P & Z Commission Meeting June 17, 2003 Page 4 of 5 4. Consider a recommendation to the City Council regarding a Replat of Lot 1R-1, Lot 1R-2 and Lot 1R-3, Block C, Woodlake Village Addition, being a certain 27.37 acre tract of land generally located north of State Highway 78 and west of Spring Creek Parkway, being a replat of Lot 1, Block C, Woodlake Village Addition, as recorded in Cabinet G, Slide 385 of the Plat Records of Collin County, Texas (PRCCT), and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Thompson stated that the original Woodlake Village Addition Final Plat was approved in 1988 creating 3 lots (Lot 1, Block A; Lot 1, Block C and Lot 1, Block C) totaling 63.295 acres. The current Replat will further subdivide Lot 1, Block C into 3 lots totaling 27.37 acres. The 18.935- acre Lot 1R-1 will accommodate the new Wal-Mart Supercenter as well as the 1.065-acre Lot 1R-2 out parcel to be developed by Wal-Mart. The remaining 7.373 acres Lot 1R-3 is owned by others and will be developed separately for commercial and retail uses, and is not part of the Wal-Mart proposal. The owner is aware that the final alignment for the expansion of State Highway 78 is still under review by TX DOT and an additional 10 feet right-of-way may be required before the Replat is filed and a building permit issued. Dedication of any such additional right-of-way should not reduce landscaping and parking below required levels. A motion was made by Commissioner Porter, and seconded by Commissioner Chapman, to recommend approval to the City Council the Replat of Woodlake Village Addition. Motion carried 6—0. MISCELLEANOUS Thompson reviewed several news articles distributed to the Commissioners. One article discussed the mall at S.H. 78 and 190 in Garland, which when built will compete with Wylie retail. Another summarized the growth of the Wal-Mart corporation. Chairman George adjourned the meeting at 7:50 p.m. for a short break and reconvene for the Work Session at 8:00 p.m. WORK SESSION 1. A presentation by Louisiana Pacific Building Products to request a revision to the Zoning Ordinance to allow wood based products. Representatives of Louisiana Pacific presented samples and test results on their processed wood SmartSide products for exterior residential siding, soffit, fascia and trim materials, which the Building Official has denied as being noncompliant with the masonry—only requirements of the Zoning Ordinance. Thompson stated that the Commission could direct staff to revise the Zoning Ordinance to allow wood products, but that a generic characteristic would be required rather than a specific product trade-name. La. Pac. Representatives suggested "treated wood products", but P & Z Commission Meeting June 17, 2003 Page 5 of 5 Commissioner Phillips responded that such a phrase allows wolmanized treatments and even painted materials and a more specific term would be needed. Thompson mentioned that the wood exclusion of the Ordinance is only for siding, and that trim and roof elements such as fascias allows wood products. Commissioners concluded that Pulte could submit a request to use the materials for a theme in Birmingham Farms Phase 2 for Commission consideration, but that no revision would be considered to the Ordinance at this time. Products other than masonry will continue to be evaluated by the Building Official on a case-by-case basis as those products are proposed for specific projects. ADJOURNMENT There being no further discussion, the meeting was adjourned at 9:05 p.m. Th • t � Michael eorge, Chairman Mar V. adley, Secretar •• r ttiV ol Wylle Action Item No. 1 Site Plan Chili's Restaurant Planning and Zoning Commission Meeting: July 15,2003 Owner: Brinker International Designer: CPH Engineers Location: North of F.M. 544 and east of Westgate Way Existing Zoning: Corridor Commercial (CC)District Summary: The Site Plan under consideration is for a restaurant. The building is approximately 5,555 square feet in size, and the lot is 1.628 acres in size. The property is zoned Corridor Commercial (CC) District and restaurants are allowed by right within the CC District. The property has never been platted, and a proposed final plat creating the 1.628 acre lot of record 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 approved for the property, which does not conform to the approved site plan. Site Plan—Chili's Restaurant Issues: 1. A variance was approved by the Zoning Board of Adjustment on June 23, 2003 to allow an oversize projecting sign for take out orders on the western wall and an oversize 3- dimensional chili pepper logo/monument projecting above the canopy on the southern wall. 2. A total of 126 parking spaces will be provided. The 72 required parking spaces will comply with the minimum size of 10 feet x 20 feet currently required, and the 49 additional spaces will be 9 ft. x 18 ft. allowed by the previous code and the remaining 5 handicap spaces will be per State code. 3. The Site Plan complies with all applicable technical requirements of the City of Wylie, including the regulations of the Zoning Ordinance as adopted in February 2002. The Site Plan includes a tabulation of how the development points will be achieved. 4. The code encourages joint/common access/egress drives in commercial developments, and the Site Plan indicates such access is provided by a joint access stub out to the adjoining property to the north and by an access easement to the property to the east that will provide access to this development should redevelopment occur in the future. Financial Considerations: Site Plan application fees—Paid Staff Recommendation: Approval. Attachments: Exterior Elevations Site Plan , I i1I } - t °i OpG -il'. tY:�PROPER 4?7 (i't...4. -�1� FiI $f.,,. t r o C it.: mn ,i ,, t' satlrh t C o'Ao t 4ti "`"„?`-year R odic SoutherrPaerf' 61 x ",1 I t•�i J+ x 3;t r t 1 r f t-'+ r»r+-'4�k-l-t•'4r^. "a"°',B m y ,. t� pr ao ,�s'r� yyS R •t,,.i CS.Y O-0''H I I x Vi 11 ``t2 32 40'_ � 25.4 LIMITS OFI m ya4 O S84°5 CON 1 tib�i• r��"' .. 9'24"E 270. . S rRUCT10N W way `� ,, tU' � -; ---- 5�Setback....,..: ,.. '.... ' t)E t� � Hensley L� "ill) 1 i LOCATION MAP jj yy 1 ore& d <, I I 9 $ '''"; ) i m `rvt a W�a�lo9 e4tillt"ttltttir4tf0.q;',.7341"iiictsf.ovo, ,,,,o,,,,,.--,,,----, x z i X; O. , 9' f t�`D --,.`r° , N o nd IUJ- Y Op ta x '�. �3� Oietilkit**Wittla F - § "" ?Y y�,...,,,,,,,„, - • -, 0 5 10 20 m M \' " rn[S! _ -�� a'- ,4dz44 h'`'t w *9i`+tx'4". C: .Z •N ,� � � �_� �� tz��'�,. s kR.., vs:. iv �,� '1-3.„ 4) r j O tit- I I� W O� ppO r �-y}r. "' -..r�f-,T,. �,,,,,,,*0 t:col ._.,�.,....._.._....._ 'O T ‘ �S i =v i p 9III ' t}i k 4$Y bfi3 Os, v „.� 10.69O htI....._ .,. xt11"4 p- y., f jb0 U- f3tdtr.Otc/ a 9 Q \\ \', ,--,' br.4 ,,, •ii: _ _- r m a 't ) r Ir ,,. a ac SITESUMMARY73 p(cl•a ) F n z r n 5 .. /8' Iio.,,,,;-,c,;a__ /d g Re i d { r l5,84' Site Acreage:1.62 g Required: s in HC " p I 1 i j ,,,_� Site Zoning:CC 1 sp per 3 seats i �, =I Proposed Use:Restauran O ZONED.:v._ 9 P S mm.space arze e Building See:5,555 s.f. Total Seats:217 •,5 ,11 \\ _ NIP Dumpster w!9' Build n Coverage s7 8 5 P P 5 sipg P8,20'(HC)25 15"RCP SD :Vt." ason ° Building O_ . -�.� rY Sgee s o Total Landscaping Required 0.33 Ac.(20.0 M 48 sp @ 9,18' IVN ,, _ ��t0' 11 :� UE ells I ' i 9) 72 p @ O x20 I it Sti 1'x1ir ��; 7 .,„.,nte U ,,on,rt`t Total)p rvlous Area.1.31 A(.5) Total Landscaping Provided:0.34 Ac.20% s 1' o. ( .� "' °' m e c 80°k 1 i lo' (� gk ® EMI � I -► �i 1 \ --- • I t LIMITS OF z 20' ::)i CONSTRUCTION � -----_. ,� GENERAL NO stEr�ed r Ci standar s. I1 ---�1-4 (D:• I 'j'. ?4 1) Flre lanes shall:sidtehne designed andcon t pe ty o: � " I � rn �� ,�`�,��'� ° =�� 40 20 �Kir' ) Accessible parn areasshallbe designedand rovidedaperCi( o _ � �''°: ',��;'�.' ��'�,�`�,, �'.�' �� .- ,r� ir � � standards andshall cam Iywiththerequirements ofthecurrent �®QQ©o' � cr A f • ... icitylstatelfederaADA standards. Z2ilitteit A 3 i, j i' 1/a65 ,,,R007HC/TO GO fy" ° /?;"* 1 �`1 ' - t >'- 3) Four(4)footwsidewalksshallbeprovidedone(1)foot offofthe' �� 2,; � d - ;rs s �r" �l� �� ¢;� _ t�f t .�' ;.r.r.,z�:.�t1Y<.•c��^ property Tine(win theright of waY),unlessasidewalkeasementis �M�,r,,o g� ¢ � ;� r providedforameandering sidewalk. Barrier-free accessramps,pero^P0.9' .- a o City standards, all be provided on sidewalks at ail curb crossings.- EXISTING de _ " . ' ,< ''2 r ,,✓,;.,_ x o ' 9 r CURB 4'( o �� -'=' °'�`� '" �H�L/ '� '��:" F�r''/!� '_'`` � 0 4) Mechanical units,dumpsters and trash compactors shall be screened ;_.._..._,_......-_ cl,j © ,' in accordance with the Zoning Ordinance. °' m i'' rn _� irS( '"" %11 �` 5) All signage scontingentuponpproval byCity buildinginspection. m-i 1 v :!. b - fi '' , � 2 r i 6) Approval of site plan is not final until p engineering plans are Z-' P t .,��1�,r'�a: r _..-._ __�... .4 �.■ r '`✓ � �°�'�� ' ',, ri ' x': ;',`; ___._._I '� ''� approved.l a�, ;I /0.63' Ught TDGO ■ ,� �` ''� `;_ "':� � � ,x' $°•-'"�' 7) Open store e,wherepermitted,shallbescreened in accordancewith � �, the Zoning Ordinance. a .-8 1 Ii Efr-3 , g G ,.;■ / '• ,, ,, SITE DESIGN REQUIREMENTSm • _, 8 OutdoorIi htin shall cam I with theillumination standards withintheo 4 i 2O, ■ tPrx3'P°,Wft°Roil C ny'"`. Building S P Y'I I° 1 coon(FPA standard 5 Sto }shall be — i tln gaGemenCtl Zoning O 9inane a o, �` Parking Placement 10 9) Afire department tonne N rt? m g g a If Lii it -_ • Pods frna(i�f)Ryp�k ■ and Loa g Areas 1) bovtded in accordance with Article 7.3 of <(o o U $ y >^, fy114 provided on the building. U t 20' 2O.. I� access Driees 3. ;I : i f •R �aT € Points Requiredion of ce do a so 0 Off street parking shall a It'sr ,! I. r Point Provided so theZoning Ordinance.1 s i itb �„,� '�� ■ ' 11) Aillandscapingrequiremen ofArticle4,oftheZoning Ordinance, cOp LANDSCAPING POINTSshall bemet withatthe timef development.i,I 9 y: _ l . ■x T, ,,,5',r. , +i .x , t, tandscapingin Requiredvans 1012) All parking sh I haveaduate drives and room for ingress and Q IX . �-.:i g is " ! • 1 A Landscaping t Frontages 1) vet rjiff -stree p:::0 g hall beacco s ed o p Ovatea . i`i '$ Landscapingin Parkin Lo 25egresstoeachparkingspace„_._, , . , v�^r NaI � oa ingotstree rite es zo 3 Allmaneu ingfot ins mpli h nrI � � ' � ._.__ a I d` • i Pomrs Prowdad 55 1 s p dg to be p ted ya g tere an s pPants Reported55property.k 4) Final land ca a nm le b re is ca e9 ! t 1_' architect. O. ') _ ,; \,,,^ , i i . f x y "" ', ARCHITECTURAL POINTS15) TheReducedPresre Zone Z)backflow preventer for the fireline U E ( - O "'�t? 1 Building Materials 10 r O 3 h C' shall be located in the riser room. I "'= h tl d• h .y, ^ Buildingiculation,Fan and Massing 0 a. s v °'ry Architectural Compatibility 10 16) All dimensions are to the face of the curb unless otherwise noted. Q- L i .i, - i >a Pants Hegel. -- 20 Points Provided 35 • in i ,, I . _ a W 1 I I7 tp �v ato k t _t If „? in i'A, , MO I WENT! 1' I I i- I �4 S t. N F , 'ti sIG� I n I Light 1 i i N /0 • IU '' 0 ;3 w i a, t ." Install Domestic I ? i - and I O w ^4,.,,M 3�° �;arm'4,� ......_.,_. ^�,G i _.,_..a 9 i//__ Irrigation Meters '=ht 1 s � c i 9 i .:kr 10'Setboc7r l "�% ife , _,_ i * 44,4 _ ,� a ��'_.,-..� p .t' ,: \ 3 ,, �;: ;�� a t� I. r�. �� ' .. W�0 �, ,/. �71� - FOR PERMITTING i ._ ,° PURPOSES ONLY SITE PLAN v ; �...--•�.,ta FXlS77NG CURB a: ._•-' l Aa ?cce.Ib © �� / t NOT FOR CONSTRUCTION for T: x il i CHILI'S FM-544 ADDITION 62.28'I ; Lt A< t,r :� � 01 $ PEE OF TE.4 N p *�� ys being 'c 1.628 Acres Situated in the f s ro 701 COSTA NICHOLAS MAMA 544 m 6992 0,:�� E.C.Davidson Survey€, JUL®9 2003 i�' F.M. o,,.F4 �R�;ry I ass%aria�G /p�o`r CITY OF WYLIESCOLLIN OUN (,S.XAS i ta i � �; (VARIABLE WIDTH RIGHT-OF-WAY) As r �I: 7 - '°" THE SEAL APPEARING ON TNIS DOCUMENT WAS i �� AUTHORIZED BY COSTA NICHOLAS AZIDJI,P.E. (n S9 " 89922 ON 07/08103.ALTERATION OF A SEALED Ca s " -` '-n`^• '^ DOCUMENT WITHOUT PROPER NOTIFICATION TO COSTA N.MAZIDJI,P.E. �. `"""' THE RESPONSIBLE ENGINEER IS AN OFFENSE TX AEG.#90436 ! U UNDER THE TEXAS ENGINEERING PRACTICE ACT. i 1 I ' .-- ... , . • .,...,... -cP or PARAPET TOP DP ' ":'' . ' FL 1 16.-V ), r ' mom. ,, __ ____ _ . ________________ ..''''-' , EL 116-0- - - " -.arri. . . 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' ' ,r __--r_-___.... ,_.- -- ------- gr. • z..,-rag rrItiii , .,,_,,:- .___...- ' i A s--* ' 2 - _ _sat.;,- pr...la _ 1 ._-,{4---•__, -, a .... .. . .1-- .._= ..•. _,, 4"- . '1 I i 11 I 11 I .:. :.-: li .1 ............... ........ I I11 II I ! 1 , *gm 1 1....F=.7.1. IR rig ill de E.-—-..:.a• , -1, ""'" riiz-=--.+jr 7.............. ,...mn.07.141, , ' 1 7.M.....7i, i LEFT ELEVATION . .. il Co 1 . .,. • -. . I 4 L , I X_ - .m-- • __ _.. _ • 1 ' --*!:_. IT-,44X3 . , ,- lull .,. .e., ,.... , •-",'2- '-:-" NNINE ..c:r...., REAR ELEVATION ) C liI j.IS EXT IORELEVATIONS , -- , III2 . .. ,..% . PROTOTYPE 10.8 __ T-- VC- . fr *OfWN,iie Action Item No.2 Final Plat Chili's - F.M. 544 Addition Planning and Zoning Commission Meeting: July 15, 2003 Owner: LMB Partnership Surveyor/Engineer: Clark-Geogram, Inc. Location: Generally located at the northeast corner of F.M. 544 and Westgate Way Existing Zoning: Corridor Commercial (CC) Summary: The Final Plat under consideration will create a single lot totaling 1.628 acres to accommodate development of the Chili's Restaurant. The property is undeveloped and has never been platted, and zoned for Corridor Commercial (CC)uses. The anticipated restaurant use is allowed within the Corridor Commercial District. A Site Plan for this development 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 — Chili's - F.M. 544 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 Plat provides primary access from F.M. 544 and Westgate Way, as well as an access easement to the property to the north with a driveway stub out. No access easement was provided to the east due to existing development and no median cut available for eastbound traffic. Financial Considerations: Plat application fees—Paid Staff Recommendation: Approval Attachments: Final Plat ------------- -------- ..---------------- ,. ,. 1 OWNER'S CERTIFICATE CURVE DATA LINE CHART WHEREAS Sal Del Rey Properties is the owner of a a 1,628 acre tract in the E.C.Davidson Survey, '• \ \ NO. DELTA RADIUS LENGTH CH, BEARING CH, DIST. NO, BEARING DISTANCE Abstract No.266 and in the City of Wylie,Collin County, Texas,and being part of a called 45 acre tract described as Tract One in a deed to Sal Del Rey Properties as recorded in Volume 1663,Page 451, Deed Records of Collin C o unt y, Te xas,and being more particularly described as follows: Cl 02°21'25 612.71' 25.21' N 13°35'51" W 25.20 Ll N 04°4639" E 17.50' C2 04°29'59" 636.71 50.00 S 11°45'04 E 49.99' L2 N 84°5924" W 10.00 BEGINNING at a concrete monument found on the north line of F.M.544(a variable width right-of-way), Z.46.45- on the west line of a called 3.974 acre tract described in o deed to AWLM Industries,Inc.as recorded in County Clerk File No.96-0028739,Deed Records of Collin County, Texas,and for the southeast ;„'C1 I L3 S 04°4639" W 7.50' corner of said 45 acre troct, from which a 1/2 inch iron rod found for the southwest corner of said . ''',.'4.7, 3.974 acre tract bears South 05°0036 West,a distance of 5.00 feet; , -,'--,`r"--, SAL DEL REY PROPERTIES,INC. L4 S 05°00'36" W 14,98' `-'n \ REM.OF A CALLED 45 ACRE TRACT TRACT ONE , , 1 L5 S 84°59'24 E 5.00' THENCE North 85'5656"West,olong the said nor.line of F.M.544,a distance of 205.81 feet to a 5 1- /8 inch iron rod with a cap stamped"CLARK GEOGRA "set; VOLUME 1663 PAGE 451 D.R.C.C.T. M . , 66 S 84°5924" E 21.38' I, THENCE North 395616"West,a distance of 36.04 feet to a 5/8 inch iron rod with a cap stamped Cv(o=4"c,ap I L7 32, S 84°59'24"E 270. N 04°11'15" E 10.00' "CLARK GEOGRAM"set 96-0057223 on the east line of Westgate Way(a 65 foot right-of-way)as recorded in 9 25.44 61' County Clerk File No. ,Deed Records of Collin County, Texas; D Lis r2, —------___,._ 5 P''''''Hi'l i'E71-A)-c'-------- g O''R-1 RMI'N CAP L8 N L9 S 8 84°59'24 56"W 11 2.2.24' 5°56 E 5' THENCE North 03'5853 East,along the said east line of Westgate Way,a distance of 74.84 feet to o 1/2 inch iron rod with a cup stamped"D.A.S.NO.4645"found at the beginning of a curve to the left with a radius of 582.50 feet,a central angle of 19'4845",a chord bearing of North 05'5529"West,and i, A AMNT 7,1 LI7n.Y,s E,,,,r,EN ‘,.,L1,0 Li, 'JOINT L10 N 85°01'26" W 23.16' a chord length of 200.42 feet; ,EgSLE,,S, E AT) , I, \ I -,,-.,1,-- 1,7 1 L11 S 85°01'26 E 8.76 THENCE along said curve to the left and continuing along the said east line of Westgate Way,CO arc g gi-_, " I-.--,--,-,- ----A --AN 85 01 26 W 56.35' L12 S 84°5924" E 9.00' distance of 201.42 feet to o 5/8 inch iron rod with a cap stamped"CLARK GEOGRAM"set; ir 123 I 81 L13 S 05°00'36 W 10,00' THENCE South 845924"East,a distance of 270.61 feet to a 5/8 inch iron rod with a cap stomped "CLARK GEOGRAM"set on the aforesaid west line of a 3.974 acre tract; ,--,1> \ ',,' c''-,i z 1 z„„ ii L14 N 84°59'24" W 9.00' THENCE South 05°00'36"West,a/ong the said west line of a 3.974 acre troct,a distance of 293.67 feet \ i:2 „,g ii t he o t POINT OF BEGINNING,and containing a computed area of 70,921 square feet or 1.628 acres o I f i 1 Ou L15 S 85°0126 E 26.57 land. „ THEREFORE KNOW ALL MEN BY THESE PRESENTS: 3 84,5,90'.24,;E 7 ' _I [sLI.g.92pi, SAL DEL REY PROPERTIES,INC. _,,,, . 1, '-:, (8,1]VHysE.,ALSAE,ILI,EN T That,Sal Del Rey Properties,acting herein by and through their duly authorized officers,do hereby odopt F?EM.OF A CALLED 45 ACRE TRACT TRACT ONE \ L,8 , N 84'5924 aoo'' -.IN 59,7. this plat designating the herein above described property as CHILI'S-F,M.544 ADDTION,an addition to VOLUME 1663,PAGE 451,D.R.C.C.T. -,',18 LOT 1 ' ,, 1",7-83.g.g, the City of Wylie, Texas and do hereby dedicate to the public use forever the easements and BLOCK A E ,_, L6 rig dicated.ht-of-ways as shown the trees,reon. The easements shown hereon are hereby reserved for the purposes , in No buildings, fences, shrubs or other improvements or growths shall be construced or I.628 ACRES ,----7 .,''''''''.,,,,''' 1 `-'), kIi61 placed upon,over or across the easements and right-of-ways as shown. Said utility easement being (70,921 r SO. FT.) hereby reserved for the mutual use aand have CO e full ight to remoe and keep re all or arts f o LI2 fl' A any pub ty . ' ' ' I SAL DEL REY PROPERTIES,INC. EA,I ,,\•13 L14 '.,_-'1 ',-, 19,14'1; any buildings, fences, trees,shrubs or other improvements or gr m owth which ay in COy way endonger or PART OF A CALLED 45 ACRE TRACT interfere with the construction,maintenance or efficiency of its respective system on the utility Rgr/"citioN r TRACT ONE cl' P 1.°Ed'''' easement and all public utilities shall ot all times hove the full right of ingress and egress to or 004 64,,,5. VOLUME 1663,PAGE 451,D.R.C.0 r,, D.R.C.C.T. 1 0 I!! I (1, n.:,', and upon said utility easement for the purp rem ose of oving all Co part of its respect ms ive syste without [ ' „ the necessity at any time of procuring the permission of anyone.I -,1 ',',. I Z- , • Witness my hand this day of ,2003. •:1 i t2 I z I S',',,-, I,',` I NOTES: Sal Del Rey Properties,Representative 1, eo I ''''''- ' Bearings are based on the north line of F.M.544 as STATE OF TEXAS ,! r .! described in County Clerk File No. 96-0057223,Deed COUNTY OF COLLIN s'Er :,,ig TARtAk cAp I 1 Records of Collin County, Texas. (North 85'56'56"West) BEFORE ME, the undersigned,a Notary Public in and for the State of Texas,on this day personally Selling o portion of this addition by metes and bounds is a appeared ,known to me to be the person whose name is , 1 POINT OF violotion of City Ordinonce and State Low and is subject to subsc,bed to the foregoing instrument and acknowledged to me that he executed the same for the 11 u. 11 H 1 I BEGINNING fines and withholding of utilities and building permits. purposes and considerations therein expressed and in the capacity therein stated. , / GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,2003. P.M. 544 loVAAP cA N 85°56'56"W 205.81' ' ECr-' ''''' Notary Public, Collin Count,y, Texas P 0 5 05;0000.36.44_ _ ,1 i (VARIABLE WIDTH RIGHT-OF-WA Y) My commission expires: , IR/oO"XfuTto ' I "RECOMMENDED FOR APPROVAL" N. Chairman,Planning&Zoning Commission Date FINAL PLAT STATE OF TEXAS City of Wylie, Texas i' COUNTY OF COLLIN CI-I/LIS—E. 544 ,I ,Marvin P.Peruski,a Registered Professional Land Surveyor in the State of Texas,do hereby certify that I have "APPROVED FOR CONSTRUCTION" A00/770A/ 0 30 60 feet prepared this plat from an actual on the ground survey of the land,and the monuments shown hereon were found LOT 7 and/or placed under my personal supervision. SCALE: 1"-/--30' Mayor,City of Wylie, Texas Da te BLOCK A PLA T OF Marvin P.Peruski "ACCEPTED" 1.628,4CRES AND 84°/NO N MAP Texas Registered Professional Land Surveyor No.3902 PART OF A CALLED 45 ACRE-?FACT VICIITY c-2000' VOLL/AlE 1665 PACE 451 Mayor,City of Wylie, Texos Date U iIiii.oic, STATE OF TEXAS OROCT COUNTY OF COLLIN E.C.Vawifson Survex Abstract No 266 AIN .., The undersigned,the City Secretary of the City of Wylie, Texas,hereby certifies that City of Hyk;Co//in Couriej,Texas Or - BEFORE ME, the undersigned,a Notary Pu as blic in and for the State of Tex ,on this day personally appeared Marvin P. the foregoing final plat of the CHILI'S-F.M. 544 addition to the City of Wylie was . Peruski,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to subrnitted to the City Council on the day of ,2003,and the Prepare°.it, Owne, Prepare°.1, me that he executed the same for the purposes and considerotions therein expressed and in the capacity therein Council,by formal action,then and there accepted the dedication of streets,alley, LA/E7 P,4RINEPSH/P stated. parks,easement,public places,and.water and sewer lines as shown and set forth i n C;;;;78,/,,,,,,,,,,,,;,4,,,,, sw nal_,Nailk,//w.:) gi",;(;vaX6:47,/,/al Cl] 1:1--- ,,,,,`' KIR. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,2003. and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by signing his l KELLY,1,name as hereinabove subscribed. SalF.70 0,411A-S'7EX,45 75 CAR,.5, SWF/00 OA 0 ES O 0,4,43; EXAS 752,78 -"--ADDITION (.97.2)A90-1515.210 R OFOR SCHEE',STONE;Z.Z.P (2142 22/-1846' SITE Witness my hand this day of ,A.D.,200,3. 5.956 ShERRY LANE 11 'I. Notary Public,Collin County, Texas Sa/TE->400 Ih'',-.r!r'':-•',;\)!'.. -‘. AA) VALL,43;TX 75225 My commission expires: i,:,%'VALLOW WAY (2/19 706-1200 de.M.;200.7 SCALE 1"*Hil.To.f11L 0 4-11E,BR,d CCity DS eIcwreyit,aer,y Texas PAO E-1 0 F 1 11 !' I, 3 Our Mission.. �� ' 41 ...to be responsible stewards of the public trust, T r to strive for excellence in public service,and to enhance the quality of life for all. IP • ► +ti` . YA A r , July 15, 2003 TO: Planning&Zoning Commission FROM: Claude Thompson, Director of Planning SUBJECT: Work Session Concerning Potential Revisions to the Zoning Ordinance The Zoning Ordinance and Map were completely revised in February of 2002, creating new districts and regulations. Subsequent administration of the new Ordinance has identified several concerns which need to be addressed, including exterior building materials for residential uses, the size and materials for accessory buildings and the permitting of temporary uses. Staff is seeking direction on these issues, and this Work Session is intended to initiate review of these concerns toward the goal of proposing revisions to the Ordinance as soon as possible. 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: PLANNING AND ENGINEERING 2000 Highway 78 North • Wylie,Texas 75098 • (972)442-8158 • Fax(972)442-8115 • www.ci.wylie.tx.us Planning and Zoning Commission POTENTIAL REVISIONS TO THE ZONING ORDINANCE Page 2 of 4 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. 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. Planning and Zoning Commission POTENTIAL REVISIONS TO THE ZONING ORDINANCE Page 3 of 4 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. 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 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. Planning and Zoning Commission POTENTIAL REVISIONS TO THE ZONING ORDINANCE Page 4 of 4 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 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. SCHEDULE FOR REVIEW& ADOPTION In an attempt to consider these revisions in an expeditious manner, the following schedule is proposed. 08/05/03 Action item for P&Z to consider and call public hearing 09/16/03 P&Z Public Hearing and recommend to Council 09/23/03 Council Public Hearing to amend Zoning Ordinance 10/14/03 Page 1 of 1 Claude Thom son RIj)5e `l ACC6NiVifr.51 C11 . Re-Cr P From: "Dale Jackson" <djackson@ci.wylie.tx.us> To: "'Michael B. Sferra"' <msferra@ci.wylie.tx.us>; "'Johnny Bray"' <jbray@ci.wylie.tx.us>; -Claude Thompson"' <cthompson@ci.wylie.tx.us>; "'Mindy Manson"' <mmanson@ci.wylie.tx.us> Sent: Wednesday, June 11, 2003 3:09 PM Attach: Accessory Building Ordinance.doc Subject: Accessory Building Regulations Attached is my proposal for the changes to the accessory building regulations. The proposed ordinance compares to the current ordinance as follows: Proposed Ordinance Current Ordinance u.witA 10.4i.te Maxxldg size is 600 square feet or 25% of the Max building size is 10% of the lot size for lots size of the main structure for lots less than 2 acres 2 acres or less or less Max bldg size is 2000 square feet for lots over 2 Max bldg size is 2,500 square feet for lots over 2 acres acres Max height of building is 14 feet. Barns in the Max height of building is 36 feet Agricultural district are limited to 20 feet Minimum roof pitch is 3:12 No roof pitch is specified Buildings less than 120 square feet may have No exterior wall façade is specified exterior walls of metal with a baked on enamel finish. Buildings less than 300 square feet may have No exterior wall façade is specified exterior walls with a composite masonry façade material Buildings greater than 300 square feet must have No exterior wall façade is specified exterior wall that have the same masonry content required of the main structure Minimum rear setback is 5 feet Minimum rear setback is 10 feet V Riding or ro eo arenas require an SUP SUP's are only required for rodeo arenas Oak Jackson Building Official City of Wylie S 972-442-8151 djackson a;ci.wylie.tx.us www.ci.wy_lie.tx.us/Building/index.html 07/09/2003 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE AMENDING ODINANCE 2001-48,`ZONING ORDINANCE' BY ADDING A NEW SUBSECTION D. `ACCESSORY BUILDINGS' TO SECTION 2.5 `REGULATIONS APPLICABLE TO ALL DISTRICTS'; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1: Zoning Ordinance Amended. From and after the effective date of this Ordinance, the existing Section 2.5 "REGULATIONS APPLICABLE TO ALL DISTRICTS" of Ordinance 2001-48 , "Zoning Ordinance" of the City of Wylie, Texas, is hereby amended by adding a new subsection D. to read as follows: "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) zoning 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 percent (25%) 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: Accessory buildings located on lots that are 2 acres or more in size shall not exceed two thousand square feet. b. Barns and Stables: In the Agricultural (AG/28) zoning districts, barns Page 1 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. Riding 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. 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 feet (5') 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 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 feet (10') from the side property line. (3) Rear: (a) Ten feet (10') if the rear property line is adjacent to a street right-of-way. (b) In situations other than those contained in c. 1. above, the rear setback is five feet (5'). Exception: When the accessory building is a garage with rear access, the rear setback is twenty feet (20') from the property line. (4) Other Structures - Accessory buildings shall not be located within Page 2 five feet (5') of any other structure. Exception: Carports. d. Roof: (1) The minimum roof slope 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. e. Exterior Walls: (1) Accessory buildings one hundred twenty (120)square feet and less in area are allowed to be constructed of metal with a baked-on enamel finish. (2) Accessory buildings three hundred (300) square feet and less in area are allowed to have exterior walls with a composite masonry façade material. (3) Accessory buildings over three hundred (300) square feet in area must have exterior walls that are at least the same masonry content required of the main structure. The masonry used on the accessory building shall closely resembles 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 feet (14') 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') Page 3 to the top of the roof. SECTION 2: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Effective Date. This Ordinance shall become effective upon its passage and publication as required by the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Page 4 / 71, (e t( 6.s ; re Zoning Ordinance D .26 rdiAA7m,e_e_ C(AArrn,\_,± Side Yard of allowable non ' 1 30 R:: dleFrontLots (feet) Yar (feet) 25 >k. 45 Yard Requirements -Accessory Structures Front Yard Behind Rear Building Line of Main Structure Side Yards (feet) 5 Rear Yards (feet) 10 Rear Yard Double Front Lots (feet) 25 Side Yards Corner Lots (feet) 25 Minimum Distance From Main Building (feet) 5 Area of Building Maximum cumulative building size 2,500 square feet: or Lot 2 Acres or Less (square feet) 10% of lot area Lot More Than 2 Acres (square feet) 5% of lot area, whichever is less. Height of Structures Main Structure (feet) 36 Accessory Structure (feet) 36 4. Additional Provisions: Refer to additional requirements in Article 7, General Development Standards. B. Townhouse District (TH) 1. Purpose: T e TH district is a single family residential district allowing attached houses on individual lot nd requiring a minimum lot size of 3,500 square feet. The Townhouse District is intended to prov me flexibility for development of properties that are providing open space, preserving natural eas of value, or avoiding areas with env'•.nmental'hazards. The Townhouse District should be adj ent to or part of a mixed use development within the village centers. 2. Permitted Uses: See Use hart in Article 5, Section 5.1 3. Development Standards: Fo swing are the yard, to .nd space requirements for the Townhouse District, including density, heigh lot and unit size. Figure 3- - To • nhouse District (TH) Lot Size Lot Area (sq. ft.) 3,500 - exterior w/side yards 3,000- interior w/no side yards Lot Width (feet) 30 Lot width of corner Lots (fee 45 Lot Depth (feet) 100 Lot Depth of Double Fr. t Lots (feet) 120 Dwelling Regulation Minimum Square Foliage 1,000- P. ilex (2 dwellings) Page 16 ARTICLE 3-RESIDENTIAL DISTRICT REGULATIONS February 27,2002 ..2 ') cl cisA7f'I•jvil 2-07) 0 2-0-14 ► , ir'ol w47v4,02. fiReXI . i ktii. ( �.- 11 . , f ID(5-61. Zoning Ordinance C.�i(AAl 8 Lot Death of Double Front Lots (feet) Dwellin: Re.ulations 120 Minimum S uare Footage Design Standards Level of Achievement 1700 See Section 3.4 Residential Design Yard Re uirements—Main Structures Standards Front Yard (feet) Side Yard (feet) 25 Side Yard of Corner Lots (feet) 10 Side Yard of allowable nonresidential use (feet) -)5 Rear Yard (feet) 30 R- b%•. e Front b.• r t Yard Re•uirements -Accessor Structures I, Front Yard Behind Rear Building Line of Main Side Yards (feet) Structure Rear Yards (feet) Rear Yard Double Front Lots (feet) 10 Side Yards Corner Lots (feet) IIMMIIIIIIIIIIMIIIIIIIIIIII Minimum Distance From Main Building (feet) Area of Building, Maximum cumulative building size Lot 2 Acres or Less (square feet) 4000 square feet; or Lot More Than 2 Acres (square feet) 10% of lot area — +fa 5% of lot area, #i. Height of Structures miniimmenwhichever is greater. Main Structure (feet) Accessory Structure (feet) 36 3 4. Additional Provisions: Please refer to additional requirements in Article 7, General Development Standards. B. Townhouse District T ( H/IS) 1. Purpose: The TH/15 district is a single individual lots and requiring family residential district allowing attached houses on a minimum lot size of 4,000 square feet. The Townhouse District is intended to provide flexibility for development of properties that are providing open space, preserving natural areas of value, or avoidingenv p P e, ' miDistrict should be adjacent to or part of a mixed use`developn withindevelopment tal he rill The Townhouse 2. Permitted Uses: See Use Chart in Article awe centers. 5, Section S.I. III 3. Development Standards: Following are the yard, lot and space requirements for the T District, including density, height, lot and unit size, ownhouse Page I AftTtCt.E 3— RESIDENTIAL DISTRICT REGULATIONS July 25, 2000 no ORDINANCE NO., — I llgti A Ac½oI . Riti TO CONSIDER AN ORDINA CE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 85- 23A OF THE CITY OF WYLIE, TEXAS, BY AMENDING SECTION 26, ACCESSORY BUILDING REGULATIONS; PROVIDING FOR THE REPEAL UT' ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending Section 26.3 and Section 26.4(2), which shall read as follows: Section 26.3. An accessory building on a lot size of two (2) acres or less is restricted in height to 15 feet or the height of the main structure, whichever is less. An accessory building on a lot size of more than 2 acres is restricted in height to no more than the height of the main structure or two stories, whichever is - - greater. Section 26.4(2). Area of Building. The maximum square foot area for ally an accessory building on a lot size of two (2) acres or less shall be 600 square feet or less. The maximum square foot area for an accessory building on a lot size of more than two (2) acresishall be 2000 square feet. • a SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 4. • Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 6. The repeal of any ordinance, or parts thereof; by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. • • i'' DULY PASSED ND APPROVED by the City Council of the City of Wylie, Texas, this l3 day of , 1999. By John Mondy, ayor ATTEST: r ' 4� Barbara i as, City cret �'� �YLIE, AE 111 • 25 I 66 On l iliF WYLIE CODE 1 D� 25.7. Minimum structure exterior wall stan• p dards. The exterior wall standards for construe- C. The mini.• urn exterior wall standards for per- tion in the various districts shall be in accordance II Planned d• •• ::ment and specif use mit shall be of exterior fire r- istant con with the following standards: 25.7.1. xterior wall standards, resi ntial. struction as s•ecified by th- amending or- 111 A. Exte for wall construction fo- all struc- dinance. • tures to be used as a residenD. Exterior wall co str ion other than in any z. ing district [shall] eo i, locatedof a n naccordance with t ' section a speecciificc use 1111 al- any ,f 75 percent mason, lowed only on is- a,ce of or masonry zonipermit, in n ance •th section 23 of the veneer. or the purpose ,f this section masonry •r masonry venee are [is] defined zoning ordi • ce. as brick, tone, decorativ• concrete block, 25.7.3. [Perce tage o or such of ,•r similar ma erial as approvedfist resis nt ctistruc lion•] Exter•.r fire resistant con ruction asEl herein she• fled for residential structures shall by the building official. B. No single w II face of consist .'the designated percentage ny residence shall P be ofd the total II contain less t'an 50 . rcent of its exposed door . wall surface exclusive of windows and surface of ma .nry construction as herein door:. specified. (Ord ' o. 93 22, § III, 4-13-93; Ord. No. 93-34, I, 111 C. Exterior wall c. s'ruction for residential 7 27 93) structures, other t an in accordance with Section 26. Accessory this section, shall Ile allowed only on issu- building regulations. ance of a specific e permit, in accordance 26.1. In a residence or apartment district, an with section 23 .f t e zoning ordinance. accessory building is a subordinate building exIP - seeding 120 square feet of floor area, attached to D. Where more th.n 60 .ercent of Ethel exist- ing number of eside tial structures alon or detached from the main building, without both sides of a .treet a d lying between the csommercial alb purposes or kitchen not rented. not used forII two nearest in ersectinl streets do not meet commercial and rented. the above mi imam st dards, the build 26.2. In other districts, an accessory buildingis 111 ing official ,ay allow n:w construction to a subordinate building, be equal to at majority the use of which is inci- J y :xisting but in no dental to and used only in conjunction with the case less t an required .y the Uniform main building. III Building •de. a[[standards. 26.3. An accessory building is restricted in 25.7.2. Nonre•idential exterior c eigt to 15 fee A. Minimu , exterior wall stan dards for non- or th turehwhichevertis le se height of the main struc- Ill resident al structures shall b: of at least 75 percent brick, stone brick ve eer, custom 26.4.Area regulations for accesso buildings in treate. tilt wall, decorative co Crete block residential and apartment districts. [or] gl•ss. These standards sh;II apply to (1) Size of yards. any w.11 or portion of wall fronCng, siding 1 or ba Icing upon a thoroughfare, -nd on all (a) Front yard. Attached front accessory wall- facing or abutting residen 'al zoned building shall have a front dist 'cts. yard not less than the main building or as spec- 1111 B. Thi. construction standard shall ified in the particular district. Acces- sory buildings and carports shall be • located in the area defined as the rear B-1 yard. 111 B-2 (b) Side yard. There shall be a side yard I not less than five feet from any side lot 11 line, alley line, or easement line; ex- CDA:34 • APPENDIX A—ZONING '27 Icept that, adjacent to a side street, the Canopy. A canopy is a roof-like structure which side yard shall never be less than 20 shelters a se such as, but not restricted to, a feet. gasoline pu p island, and is supported by either I (c) Rear yard. There shall be a rear yard one or more olumns or by the building to which it not less than three feet from any lot is accessory .nd is open on two or more sides. I line, alley line, or easement line. Dilapidate or deteriorated condition. Dilapi (d) [Garages and carports.] Attached rear dated or det:riorated condition shall mean any yard garage and carports shall meet sign: I all code requirements for fire resistant separation from the main building as (a) Where dements of the surface or back- well as required rear yard setback. ground ••.n be seen as viewed from the Detached rear garages and carports normal vi•wing distance(intended viewing I shall be no closer than five feet to the distance), o have portions of the finished main building. Detached garage shall material o paint flaked, broken off, or have a 20-foot rear setback. Detached missing, or ,therwise not in harmony with I carport shall have a 15-foot rear set- the rest of t' e surface; or back. (b) Where the str ctural support or frame mem- (e) [Distance from main building.] All ac- bers are visi• y bent, broken, dented, or I cessory buildings shall be a minimum torn; or (c) of five feet from the main building. Where the pane is visibly cracked or,in the (2) Area of building. The maximum square case of wood an. similar products, splin- 11 area for any accessory building shall be tered in such a way as to constitute an 600 feet or less. unsightly or ha ful condition; or (3) [Applicability.]The area regulations as spec- (d) Where the sign,or•ts elements,are twisted I ified in this section shall be an exception to or leaning or at an;les other than those at the size of yards requirements as set out which it was origi ally erected (such as and established in any particular district may result from bei g blown or the failure in which an accessory building is subject to of a structural supp� t); or Ithe specific provisions of this section and Where the message or wording can nc not the area regulations of such particular longer be clearly rea, by a person witl district. normal eyesight under ormal viewing con Iditions; or Section 2 Sign regulations. (0 Where the sign or its e ments are not ii I compliance with the requirements of th [27.1. Defini '.ns.] For the pur:oses of this National Electrical Code and/or the Uni section the folio 'ng definitions - gall apply, un- form Building Code curr• tly adopted b less otherwise indi ated to the contrary. the city. IIAwning. An archite,tural p'ojection which pro- Erect. The term "erect" shall jean to buil vides weather protection,id= City and decoration, construct, attach, hang, place, sus send or affi and is supported by ed ildinglghto which it is and shall also include the painting signs on tl . attached. It is composed ,- a lightweight rigid or retractable skeleton strict e over which a thin exterior surface of a building or str cture. I cover is attached whic' may .'e of fabric or other Facing or surface. The word "faci g" or „st materials, and may b illumin. ed. sign ups: face" shall mean the surface of the Banner. A tempor ry sign made • cloth,canvas against illustrugh on which the sign message is d Ior other light fabri . played CDA:35 • IE ) or) i)4 trdtvl 7AAA, Ce SECTION 14: ACCESSORY BUILDING REGULATIONS 14-100 Definition and Use Regulation: 1. In a residence or apartment district, an accessory building is a subordinate building exceeding 120 square feet of floor area, attached or detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented. 2. In other districts, an accessory building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building. 14-101 Height Regulations in Residential Districts No accessory building shall exceed twenty-five (25) feet in height, nor shall it be greater height than the main structure. 14-102 Area Regulations in Residential and Apartment Districts 1. Front Yard Attached accessory buildings shall have a front yard not less than the main building. Detached accessory buildings shall be located in the area defined as the rear yard. 2. Side Yard - There shall be a side yard not less than three (3) feet from any side lot line, alley line or easement line, except that adjacent to a side street, the side yard shall never be less than twenty (20) feet. 3. Rear Yard - There shall be a rear yard not less than ten (10) feet from any lot line, alley line or easement line. Carports, garages, or other detached accessory buildings located within the rear por- tion of the lot as heretofore described shall not be located closer than fifteen (15) feet to the main building nor nearer than three (3) feet to any side lot line. 4. Garage Facing Street or Alley Line - Any garage constructed in a residential or apartment district structure, shall be set back not less than twenty (20) feet from any street or alley line on which it faces. 14-103 Area Regulations in Other Districts All regulations for accessory buildings shall be the same as the regula- tions for main structures. SECTION 15: SPECIAL AREA A USE REGULATIO 15-100 Courts - Where an apartm uilding or buildings are erected so as to create inner courts, e face f all opposite walls in such courts shall be a minimu istance of t (30) feet apart and no balcony or canopy shal extend into such cour rea for a distance greater than five (5) f . I 35 I • / i // 2. Side Yard Transition. Where - lot in the commercial or industrial district he abuts co a lot- in a resi•ential district there shall be provided er cial or ind. strial lot a side yard equal in width to hat required in the resid- tial district. 3. Corner Lot Req. irements. On every corner it in a residential dis ict there shall be pro- vided on the side s eet a side yard e• al in depth to one-half (1/2) the required frint yard depth. 4. Terraces and Unenclos- • Porch: . P. paved terrace or an un- , osed porch, shall not be closer than 5-1/2 feet at any poir to any lot line. 5. Enclosed Porches . Any enclosed porc shall be con-idered a part of the lot coverage building in the deterrrinatio of the size of y-, d or 6. Projecting P.rc itectural Features . The space ' any required yard shall be open and unobstructed to the sky, except for the ordinary proje ions of window sills, belt cou ses, cornices, eaves, and other a chitectural features, shall •t project more than two (2) feet into y required yard. 7 . Fir- Escapes . •pen fire escapes may extend into any 'required yard not more than three and one-half (3-1/2) feet. s. Accessory Buildings . garages, unless within or attached Accessory buildings, includingn sixty feet from to the dwelling, shall be located districts. tSaid buildings) shall be the front line in all residents located not less than two (2) feet to the side or rear lot line and not nearer than six (6) feet to the main building. (See Appendix for diagram) ..----) --, VI te 'Z Z.o h 114, Drol v� 18 Zoning Oramnance (C[A447WXAng Residential Districts M/TTED S Non-Residential Districts Country Resid. Suburban Residential Village Center Village enter Commercial Indust. H AG/28 SF-1A/ SF-30/ SF-20/ SF-10/ SF-8.51 TH MH K.TEMPORARY USES S CR BC CC I DTH 26 24 21 19 17 T 1. Christmas Tree Sales �� / T T T T T P P P P P P P P P 2. Occasional Sale/Garage T Sale —— 3. Seasonal Sales Stand T T T Q T. .. __' N T T T T T T T T T 4. Temporary Concrete or T T T T T Asphalt Batch Plant 5. Temporary Construction T T T T T Yard,or Cons rue ion or Sales Office 6. Temporary Crop T T T T T T P Y P p T T T T T T T T Production T T T T T T T T T 7. Temporary Grazing T T T T T " n � 8. Temporary Living . Al—. T T Quarters ^ f 9. Traveling Show,Carnival T T or Circus P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit Article 5-Use Regulations Pagetl....... February 27,2002 Land Use Charts Zoning Ordinance • 4. Conforms in all other respects to all applicable zoning regulations and standards; •• 5. Is in conformanc: with the Comprehensive Plan. F. Additional Condition. The Commission and Counc' may impose reasonable condition .pon the granting of a Special Use Permit consistent with the Comprehensive Plan, other state elopment goals and objectives of the City, and the requirements of othe City regulations. Sue conditions may include, but are not limited to the location, arrangement, operatic , duration, an. ype and manner of construction of any use for which a Special Use Permit is requeste . G. Effect of Special Use Permit. I. The granting of a Special Use Pe • it has no - ect on the uses permitted by right and does not waive the regulations of the u•terlying zoning • rict. 2. A Special Use Permit ru i. with the land, a new owne 's not required to reapply for a Special Use Permit unless a time ' it that has been established runs • t. H. Zoning Map When the Co cil authorizes granting of a Special Use Permit, the zo ' g map shall be amended accordin' • its legend to indicate that the affected area has conditional a limited uses.The ame t ent is to indicate the appropriate zoning district for the approved us: and shall be suffixed by an 'S"designation. SECTION 5.5 TEMPORARY USES A. Purpose Temporary uses operating for less than 90 days within a one-year time period shall obtain a Temporary Use Permit from the Director. Temporary Use Permits outline conditions of operations to protect the public health, safety, and welfare. B. Temporary Use Defined Temporary uses shall include short-term or seasonal uses that would not be appropriate on a permanent basis. Temporary uses are identified in Section 5.1 Land Use Charts and 5.2 Listed Uses. In addition, the following uses and activities shall be considered temporary uses: 1. Fundraising Activities by Not-for-Profit Agencies. Fundraising or noncommercial events for nonprofit educational,community service or religious organizations where the public is invited to participate in the activities and which last longer than 48 hours. 2. Special and Seasonal Sales Events. Significant commercial activities lasting not longer than 90 days intended to sell, lease, rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmer's markets, Christmas tree lot sales, product demonstrations or parking lot sales of food,art work or other goods. 3. Entertainment or Amusement Events. Short-term cultural and entertainment events including public or private events lasting not longer than 90 days intended primarily for entertainment or amusement, such as concerts,plays or other theatrical productions, circuses, fairs,carnivals or festivals. February 27,2002 ARTICLE 5—USE REGULATIONS Page 141 Zoning Ordinance C. Application An application for a Temporary Use Permit shall be submitted to the Director at least 10 working days before the requested start date for a temporary use and shall include the following: I. A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the event 2. A written description of how the temporary use complies with the review criteria in E, below. 3. A plan showing the location of proposed structures, including onsite restrooms and trash receptacles, parking areas, activities, signs and attention attracting devices in relation to existing buildings, parking areas, streets and property lines. 4. A letter from the property owner agreeing to the temporary use. 5. Any additional information required by the Director. D. Review and Action by the Director The Director shall make a determination whether to approve, approve with conditions, or deny the permit within 5 working days after the date of application. Any applicant denied a permit by the Director shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the Commission. E. Review Criteria Temporary uses shall comply with the following requirements: 1. Land Use Compatibility.The temporary use must be compatible with the purpose and intent of this ordinance. The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site. The temporary use shall not endanger or be detrimental to the public health, safety or welfare,or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points. 2. Compliance with Other Regulations.The temporary use shall conform in all respects to all other applicable City regulations and standards. 3. Restoration of Site. Upon cessation of the event or use, the site shall be returned to its previous condition, including the removal of all trash,debris, signage, attention attracting devices or other evidence of the special event or use. The applicant shall be responsible for ensuring the restoration of the site. 4. Hours of Operation and Duration. The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the Director at the time of approval of the temporary use permit. 5. Traffic Circulation. The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls. 6. Off-street Parking. Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on the site(s). 7. Public Conveniences and Litter Control. Adequate onsite rest room facilities and litter control may be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. Page 142 ARTICLE 5-USE REGULATIONS February 27,2002 11( Zoning Ordinance 8. Appearance and Nuisances. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution. 9. Signs.The Director shall review all signage, although a sign permit is not required. The Director may approve the temporary use of attention attracting devices. F. Additional Conditions The Director may establish additional conditions to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation,temporary arrangements for parking and traffic circulation, requirements for screening or buffering, and guarantees for site restoration and cleanup following the temporary use. G. Appeals A denial of a temporary use permit may be appealed to the Commission within 10 days of the Director's action. The appeal shall be made in writing to the Director. SECTION 5.6 CLASSIFICATION OF NEW AND UNLISTED USES A. Unlisted Uses The uses permitted in t 's Chapter are classified on the basis •' common operational characteristics and land use compatibilit . Uses not specifically listed in th'. Chapter are prohibited. However, additional new and unlisted i.es may be permitted by the 1 irector if the Director finds that the use is similar to other uses listed in th- ame zoning district. B. Appeals An applicant,aggrieved by the decision , the D' ector,may file an appeal of the decision to the Board.The appeal shall be filed in writing i t►• Department of Planning within 10 days of the Director's action. Unless otherwise stated in - Board action, the determination of the Board with respect to the appeal shall constitute a pe ► anen nd consistent interpretative decision which the Director shall apply in all future instanc-s. C. Conditions N When considering requests for a 'ew land use, the Director an Board shall consider the potential effects of the use on adjacent p••perties in terms of requirements r services,visual impact, traffic generation, the extent to whi• the use is consistent with other uses a wed in the district, and other issues they deem appropri e. D. Authorization of Ne .- Uses If a new use is autho zed by the Board, a text amendment shall be sent immedia y to the Commission and t Council. February 27,2002 ARTICLE 5—USE REGULATIONS Page 143 i''Irrspobecl 6Ataut CITY OF WYLIE, TEXAS* Ovci.todwce_ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EV S; PROVIDING FOR A PERMIT FEE; PROVIDING FOR THE I SUANCE AND REVOCATION OF PERMITS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to regulate special events as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: DEFINITIONS. A. Applicant as used herein means a person who has filed a written application for a special event permit. B. Building Official as used herein means Wylie's Building Official. C. City as used herein means the City of Wylie, Texas D. Permittee as used herein means the person to whom a permit is granted pursuant to this article. E. Person as used herein means any individual, assumed named entity, partnership, association, corporation, or organization. F. Police Department as used herein means Wylie's Police Department. ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 1 rb/I:\mbox4\wyliebrdinances\specialeveni.ord\7/I2/00\4:49 PM G. Sidewalk as used herein means that portion of a street between the curb lines or lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. H. Special Event as used herein means and occurrence which takes place on a periodic or special occasion wholly or partially on the city rights-of-way or which may cause an interruption of regular activities of the citizens or may require the special attention and involvement of city personnel or facilities. Examples of such activities are firework displays, carnivals, runs, and events not wholly contained on city park or building sites, or Wylie Independent School District property. Street as used herein means the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular traffic. SECTION 3: SPECIAL EVENTS. A. Application of Ordinance; Exemptions. 1. All Special Events, except those set forth in §3(A)(2) below, must conform with this Ordinance. 2. The following events are exempt from this Ordinance: (a) Events which require the approval or sanctioning of, or are officially sponsored by, the City or the Wylie Independent School District ("WISD") shall be exempt from obtaining a Special Event permit provided: (i) the event, including adequate parking, is wholly contained on City park or building sites or WISD property; (ii) the impact on traffic and surrounding neighborhoods was evaluated and found insignificant by the Police Department before approval for the event was granted by the City or WISD; and (iii) the event conforms to the other general criteria of this Ordinance. (b) Private parties to which the public is not invited. (c) An event wholly contained on property specifically designed or suited for said event and which holds a certificate of occupancy for such use including adequate parking. ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 2 rb/:\mbox4\wylie\ordinances\specialevent.ord\7/12/00\4:49 PM (d) Block parties as described in §102-2, Wylie's Code of Ordinances, as amended. (e) Funeral processions. (f) Parades. 3. If a Special Event includes some type of activity and/or conduct which, according to City ordinance and/or federal, state or local law, requires an additional permit, such additional permit must be applied for and received separately and apart from the application for the Special Event permit. Separate permits will not be required for tents, awnings, canopies, loudspeakers or temporary signs in conjunction with the event. In any event, temporary permits for food service shall be obtained by each vendor. B. Special Event Permit. 1. Required Fee. It shall be unlawful for any person to conduct a Special Event without first obtaining a permit from the City's Building Official and paying the prescribed fee. The fee for issuance of such permit is fifty dollars ($50.00). 2. Application for Permit. (a) A person seeking a Special Event permit shall file an application with the Building Official upon forms provided by the City. (b) The Building Official shall ensure that other licenses, permits, restrictions, regulations, fees for City services, safeguards and/or other conditions deemed necessary by individual City departments for the safe and orderly conduct of a Special Event be requested, submitted and approved before the permit is granted, including, but not limited to, health permit applications, agreement, if any, with the Police Department for police coverage, and agreement, if any, with the Public Works Department regarding costs associated with street closures. 3. Filing Period. (a) Applications for a Special Event permit must be filed no less than thirty (30) days before the Special Event is to begin. ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 3 rb/I:\mbox4\wylie\ordinances\specialevent.ord\7/I2/00\4:49 PM (b) Late applications, in the sole discretion of the Building Official, where good cause is shown and subject to the standards promulgated in other sections of this Ordinance, may be considered when filed after the deadline prescribed in §2(B)(3)(a) above. 4. Contents of Permit Application. The permit application for a Special Event permit shall set forth, at a minimum, the following information: (a) name, address, and telephone number of the person seeking to conduct the Special Event; (b) if the Special Event is to be held by an organization, the organization and/or the authorized and responsible heads of such organization; (c) if the Special Event is to be held by or for any person other than the applicant, the applicant shall attach a written statement from that other person showing the applicant's authority to make the • application; (d) proposed location and parking area's for the Special Event; (e) approximate number of persons who are attending and, if applicable, the number and types of animals and vehicles which will be present at such event; (f) location and size of tents, awnings, canopies, food service booths, or other temporary structures shall be shown; (g) details for any planned signage; (h) when loudspeakers will be used, the location and orientation of those speakers shall be shown; (i) date(s) and time(s) the Special Event will start and terminate; (j) time at which on-site activities in preparation for the Special Event will begin; (k) purpose of the Special Event; (1) if the event is to be held on private property, the applicant shall attach a written statement evidencing permission for the holding of the ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 4 rb/I:\mbox4\wyliebrdinances\specialevent.ord\7/12/00\4:49 PM Special Event from the owner of the property or his/its authorized representative; and (m) any other information which the City and/or the Building Official shall deem necessary as determined under the Standards for Issuance set forth in §3(B)(5) below. 5. Standards for Issuance. The following, among any others deemed necessary by the City and/or the Building Official, are standards to be considered in issuing a Special Event permit: The Special Event: (a) must not substantially interrupt the safe and orderly movement of traffic near its location and/or route; (b) must not require the diversion of so great a number of police officers to properly police the event locale or line of movement and the adjacent areas as to prevent normal protection for the City; (c) must not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the City other than that to be occupied by the event and adjacent areas; (d) must not interfere with the movement of fire-fighting equipment en- route to a fire. The concentration of people, animals, and vehicles at assembly points will not unduly interfere with proper fire and police protection or ambulance service to areas near such assembly points; and (e) must not unduly interfere with or interrupt commerce and/or trade of adjacent businesses. 6. Denial or Revocation. (a) The Building Official may deny a Special Event permit if, in his/her sole discretion, the: (i) Special Event will conflict in time and location with another event for which a permit has already been granted; (ii) applicant fails to comply with or the Special Event will violate an ordinance of the City or any other applicable law; ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 5 rb/I:\mbox4\wylie\ordinances\specialevent.orn/12/00\4:49 PM (iii) applicant makes or permits the making of a false or misleading statement or omission of material fact on an application for a Special Event; (iv) applicant has been convicted of violating this Ordinance or has had a Special Event permit revoked within the preceding twelve (12) months; (v) applicant fails to provide proof of a license or permit required by this or any other City Ordinance or by state law; (vi) Special Event, in the opinion of one (1) or more City department directors, would severely hinder the delivery of normal or emergency services or constitutes a public threat; or (vii) Special Event is likely to adversely impact the ability of adjacent businesses to conduct trade and/or commerce. (b) A special permit shall be revoked if: (i) the City's Police Chief, Fire Chief or Public Works Director, or their respective designated representative, find that any of the provisions of this or any other City ordinance or state law is being violated. The City's Police Chief, Fire Chief, or Public Works Director, or their respective designated representative, shall immediately notify the Building Official of this finding, and the permit issued hereunder shall immediately be revoked; (ii) in the judgment of the City's Police Chief, Fire Chief, or Public Works Director, or their respective designated representative, a violation of this Ordinance exists which requires immediate abatement, the City's Police Chief, Fire Chief, or Public Works Director, or their respective designated representative, shall have the authority to revoke a permit in the absence or unavailability of the Building Official; or (iii) the applicant made, or permitted to be made, a false or misleading statement or omission of material fact on an application for a Special Event. 7. Appeals. Appeals from a decision of the Building Official, the City's Police Chief, Fire Chief, or Public Works Director, or their respective designated representative, shall be made in writing to the City Manager ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 6 rb/1:Unbox4\wyliebrdinances\specialevent.ord\7/12/00\4 49 PM within seven(7) working days of the decision of the Building Official, the City's Police Chief, Fire Chief, or Public Works Director, or their respective designated representative. The City Manager will consider the appeal and render a decision within a reasonable time from his/her receipt of the appeal. The City Manager's decision shall be final. 8. Duration of Permit. The permit granted under the terms of this Ordinance shall not exceed a period of fourteen (14) days. Another Special Event permit shall not be granted for the same location until at least thirty(30) days have lapsed from the expiration of the previous Special Event permit. SECTION 4: SPECIAL EVENT PARKING REQUIREMENTS. A. Applicant Parking Requirements. 1. Applicant shall submit evidence to the Building Official that sufficient parking has been provided to accommodate the projected number of, among others, users, vendors, visitors and attendees (ie. all persons attending and/or working at the Special Event) of the Special Event with a ten percent (10%) surplus. If said parking is to be on private property adjacent to the Special Event, written evidence that the applicant has a right of possession of said property through ownership, lease, license, or other property interest must be submitted to the Building Official. When the location is not an established parking area, the applicant must submit a plan to the Building Official evidencing how the needed parking will be achieved and arranged. The number of parking spaces and layout of the parking area, including but not limited to, aisle widths and size of parking spaces, shall be included in the submittal. 2. When adequate parking is not available at or immediately adjacent to the site of the Special Event, off-site parking may be used subject to the approval of the Building Official. The applicant must submit plans to the Building Official evidencing how off-site parking and transfer of the, among others, users, vendors, visitors and attendees (ie. all persons attending and/or working at the Special Event) will be accomplished. B. City Authority Over Parking. The City shall have the authority, when necessary as determined by the Police Department, to prohibit and/or restrict the parking of vehicles along a street and/or highway, or part thereof, adjacent to the site of the Special Event. The City shall post signs to such effect, and it will be unlawful for any person to park and/or leave unattended any vehicle in violation thereof. SECTION 5: MISCELLANEOUS PROVISIONS. ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 7 rb/I:Unbox4\wylie\ordinances\specialevent.ord\7/I2/00\4:49 PM A. Notice to Abutting Property Owners. The Building Official shall have authority to require that sponsor(s) and/or the applicant send notices of upcoming Special Events to abutting property owners when, in the Building Official's judgment, the Special Event is of a scope and nature that will impact those owners. B. Trailers. Trailers or other vehicles may be temporarily occupied as living quarters at the site of such Special Events. Such vehicles and/or trailers shall be parked no less than three hundred feet (300') from any residential district. C. Amusement Rides. Rides and/or attractions associated with Special Events shall conform with the statutory rules and regulations set forth in Chapter 21, article 21.53 of the Texas Insurance Code, designated the Amusement Ride Safety Inspection and Insurance Act, as amended. D. Hours of Operation. A Special Event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily. The Police Department shall be responsible for enforcing this provision. The Building Official may, in his sole discretion, waive the time limit on certain Special Events when good cause is demonstrated by sponsor(s) and/or the applicant. Appeals of time limit restrictions may be made to the City Manager in accordance with §3(B)(7) (Appeals) herein. E. Tents and Temporary Structures. Any Special Event which includes the use of a tent, canopy and/or other temporary structure shall meet the requirements set forth the City's Fire Code, except that a separate permit is not required when a Special Event permit has been obtained in accordance with this Ordinance. Fire lanes for emergency equipment must be provided, and the site must be prepared in a manner so as not to be a fire hazard as determined by the City's Fire Chief. F. Food Service. Where food service is provided, said operation shall be in compliance with all provisions of the food and food establishment ordinances of the City, as well as other applicable state and local laws. G. Sanitary Facilities. A minimum of two (2) portable-type sanitary facilities must be provided on the premises of the Special Event; however, additional portable- type sanitary facilities may be required as determined by the Building Official or his/her designated inspector. H. Animal Waste. Waste from animals used in any Special Event shall be removed daily from the premises of the Special Event. Animals used during a Special Event may be kept within the City limits over night; however, said animals shall be kept no less than three hundred feet (300') from any developed residential and/or commercial district. ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 8 rb/I:\mbox4\wylie\ordinances\specialevent.ord\7/12/00\4:49 PM I. Water Usage and Disposal of Wastewater. Any Special Event or related activity desiring use of water from the City's water system must be coordinated with the City's Public Works Director to obtain a temporary meter. Deposit for the meter and payment for water used shall be in accordance with any and all applicable City ordinances. J. Solid waste Dumpster. Commercial solid waste dumpsters must be provided on- site at all outdoor Special Events. The applicant and/or sponsor(s) shall make arrangements for the provision of such dumpsters. K. Loudspeakers. (1) When loudspeakers will be used in conjunction with the Special Event, the location and orientation of the speakers shall be indicated and submitted with the application along with the planned hours of usage. Any usage of loudspeakers must be in compliance with this Ordinance. (2) Speakers which are positioned so as not to adversely affect an adjacent residential district may be used between the hours of 7:00 a.m. and 10:00 p.m. provided a Special Event permit has been obtained in accordance with this Ordinance. (3) Any use of loudspeakers, other than as allowed herein, must receive prior approval of the City Council. L. Discretionary Staffing. The City shall have authority to require that sponsor(s) and/or the applicant provide ambulance and/or security services during the Special Event. Any ambulance and/or security service(s) required by the City to be provided during the Special Event shall be at the sole cost and expense, if any, of the sponsor(s) and/or applicant. SECTION 6: PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Three Hundred Dollars ($300.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 9 rb/l:\mbox4\Wylie\ordinances\specialevent.ord\7/I2/00W:49 PM repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 9: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this day of 2000. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: BARBARA SALINAS RICHARD M. ABERNATHY City Secretary REBECCA BREWER ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. Town Attorneys DATE OF PUBLICATION: ,in the ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR SPECIAL EVENTS-Page 10 rb/1:\mbox4\wyliebrdinances\specialevent.ord\7/12/00W:49 PM •°teC.:(, 1(t IA a 5(9 STREETS,SIDEWALKS AND OTHER PUBLIC PLACES § 102-35 ARTICLE I. IN GENERAL (2) The chief of police or his designated repre- sentative will advise the organizers of the Sec. 102-1. Street thoroughfares established. following: The following streets are hereby designated as a. Must have a letter signed by residents thoroughfares within the city limits: affected by such party, giving their consent and approval of such party, to (1) East-west thoroughfares are as follows: be placed on file with the police depart- a. Spring Creek Parkway/Parker Road/ ment. Paul Wilson Road/County Road 383; b. Contact the director of public works,or Park Boulevard/McMillan Road; designated representative and make c. FM 3412/East-West Bro n Street/Old arrangements to pick up city barri- State Highway 78; cades with which to block off street d. M 544/Kirby/Stone "oad; where party is to be held. e. :nis Boulevard; .nd c. Streets must be left open to the extent that emergency vehicles can gain en- f. Ho• .er Road/So h Loop/Meadowlark trance without delay of any kind. Lan. lm Grov Road/Bozman Road/ d. Parties must be conducted in such a tonne;tions/d: ignations and exten- manner as not to be in violation of any sions. other ordinance of the city,particularly (2) North-south , ' oughfares are as follows: • those regarding public nuisance with a. McCre. 'oad; excessive noise from loudspeakers,etc., public intoxication, and/or disturbing b. North-s-ut portion of Hooper Road; the peace. c. FM 1 8; (b) The chief of police, or his designated repre- d. Nor -south p;rtion of Alanis Boule- sentative, will be responsible for posting the fact var.; of the block party in question for the information e. artinez Lane; of the police officers on duty during the hours of f. orth-South Balla Street; the celebration and for the information of the dispatcher on duty, in case of inquiries by the g Eubanks/W. A. Allen Road/South FM citizens. 544; (Ord. No. 86-82, § 1, 8-12-86; Code 1991, ch. 7, § h. Vinson Road; 5.00) i. Dreymer Lane/South Spring Creek Parkway/Troy Road; and Sec. 102-3. Leaving debris or dirt on city streets. j. Beaver Creek Road. (Ord. No. 85-52A, 8-13-85; Code 1991, ch. 12, § It shall b: unlawful for any person to leave 5.00) debris and/or •in on a city str- t unless the e*--Th /' �—�l ^/ ' person provide erects, place and maintains )44 Sec. 102-2. Gatherings on public streets. warning signs, li_:ting devi.•s, barricades and channelizing device equi •d in Part VI - Traf- (a) Parties, gatherings, etc., which involve the fic Controls for Street . . Highway Construction blocking or closing off of public streets and/or and Maintenance Ope 'on of the Texas Manual thoroughfares are prohibited in the city, except on Uniform Traffic 'ontr. Devices for Streets under the circumstances and provisions listed as and Highways,pus fished by •e state department follows: of transportatio . (1) Contact the chief of police of the city, or his (Code 1991, c 7, § 3.01) designated representative, and advise of the date and time of the desired party. Secs. 102 —102-35. Reserved. CD 102:3 Zoning Ordinance ?lel FIGURE 4-8 ARCHITECTURAL POINT REQUIREMENTS PAGE ELEMENT BASE STANDARD DESIRABLE POINTS # 8 Building Materials a. Buildings constructed of 100% masonry a. Use of two complementary primary 10 7 materials in NS, CR, CC, BC and I Districts. facade materials to help achieve facade b. Roofs with pitch greater than 2:12 use specified articulation, visual variety and/or roofing materials. architectural detailing. 68 Building a. Walls not exceed height width ratio of 1 to 2 a. Application of base standards to facades 20 Articulation, Form without variation in massing of facade. At least not facing a public street. and Massing 25% of facade offset at least 4'. b. Use of Architectural detailing and/or 10 b. Entrances must be emphasized with materials to provide variety in visual architectural elements. appearance. c. Ground floor facades in NS, CR, & CC f- ''''-c\' N Districts required specified features along 60% of length. 71 Architectural a. Buildings in the NS and CR Districts shall be a. Buildings with pitch roofs meeting 10 1p mr•-• . Compatibility architectural compatible with surrounding minimum requirement of residential A......r% neighborhoods. development. 0., b. Buildings in CC District adjacent or within b. Buildings with hip roof sections, 20 200' of residential areas shall be architecturally dormers or two or more gable roof compatible. sections at right angles to each other. Total Number of Architectural Points Available 70 `� Total Number of Architectural Points Required 35 ...: . February 27,2002 ARTICLE 4—NONRESIDENTIAL DtsTRicr REGULATIONS Page 59 rift Zoning Ordinance Z06Z ZvIA6vt, 6 cr- --1 wL r e 1 i e.A.,0(.1 __4.)( i\l,d)/\ lrec. L Cid Figure 4- 6 - Landscaping of Street Frontages Use of to Visibility I. rock Its / Triangle , ems 1 .I: l I 1 + ` 4' minimum width 1 I meandering 4.1 sidewalk / L• l L. alio ern ♦ 7w h• �1 C �� ,�� a� r I 1 Flowering shrubs •,±t, e / I and seasonal flowers Propect i Line Req ed`� Fry t Yard Parkway (--- ........(7.------ F. Architectural Features Architectural points are awarded to projects in accordance with the following criteria: 1. Building Materials a. Base Standard (1) Primary materials for buildings in the NS, CR, CC, BC and I districts shall be 100 percent masonry including, but not limited to, brick, stone, cast stone,decorative concrete, or stucco. (2) Roofs with a pitch greater than 2:12 shall have roofing materials of architectural grade dimension asphalt shingles,concrete or clay roofing tiles, standing seam metal roofing, or slate roofing shingles. b. Desirable Design Attributes (1) Buildings that use two complementary primary facade materials to help achieve facade / articulation, visual variety and/or architectural detailing shall earn 10 points. / 2. Building Articulation, Form d Massing a. Base Standard (1) In order to avoid large blank bui ' a cades, variations in the elevation of building facades facing a public street shall vided in both the vertical and horizontal / dimensions. Walls shall not exc d a heig o width ratio of 1 to2 without substantial variations in massing that in ude a change in ' ht a d either a projective or recessed Page 68 ARTICLE 4- ONRESIDENTIAL DISTRICT REGULATIONS February 27,2002 cett_ityl e j , • Ze..52) Z l. 0 r Zoning Ordinance 5F g4- 1 -7 D. ARCHITECTURAL 1QUIEMENTS (For all Village Residential Districts) PAGE# BASE STANDARD DESIRABLE POINTS Element Exterior Façade Material 100% brick or stone None NA Chimney(4-3. enclosure required Brick fireplace matching exterior 5 -44 Chimneys 1 45 Roof Pitch 8:12 or greater with architectural grade Dormers,or combination hip and gable 10 overlap shingles 45 Roof Materials Asphalt shingles,no wood shingles. Paint Architectural grade overlap shingles 5 rooftop accessories to match 46 Units with same floor plan and same 4 lots skipped same side of street, 7 lots skipped same side of street, 10 • street elevation 2 lots skipped opposite side of street 4 lots skipped opposite side of street and and no identical floor plans side by no identical floor plans side by side side 48 Village Residential front entry cover 20 sf minimum front porch,5' minimum a.Porch railing part of front porch design 5 width b.40 sf minimum front porch,5' minimum width 10 49 Village Residential Mail box Paired at lot line One style throughout development 5 locations 49 Village Residential garage doors Offset, 12" minimum,maximum 50 Not on primary street elevation 20 percent of elevation Total Number of Architectural Points Available 70 Total Number of Architectural Points Required 40 Page 31 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS February 27,2002 C tAd‘rrnAt f 7�,..� A,_,,,.,,,, ' Zoning Ordinance time of planting, evenly spaced along both sides of the street at a maximum spacing of 30 feet on center. [20 points] Lot Lines—),I Street : Rt rY E' , Qt Property — e Line 30' 30' 30' Lot Li F. Architectural Standards Architectural points are awarded to projects in accordance with the following criteria: 1. Exterior Façade Material a. Base Standard All single family residential units shall have a minimum of 100 percent of their exterior facade as brick, or stone laid masonry units, or masonry stucco, excluding windows, doors and other openings, and glazing shall not exceed 25 percent of the front elevation of the residence. Dormers 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 supported by the roof and offset at least 2 feet from the first floor. Wood and vinyl siding or EIFS materials shall not be used. Masonry composite materials may be used for exterior facades if it is in an architectural style that meets the approval of the Planning and Zoning Commission, or is reflective of a historic style similar to those found on historic residential buildings in downtown Wylie. Exceptions may be granted when one or more of the following conditions are met: (1) When other materials are required to blend with the historic architecture of the house. (2) When the construction is infill construction and the predominate materials used in the neighborhood are those other than masonry. (.(....___ (3) When a new subdivision is proposed which uses an architectural style other than masonry and which will provide similar or better long-term durability and maintenance quality as masonry construction. February 27,2002 ARTICLE 3—RESIDENTIAL DISTRICT REGULATIONS . Page 43 Iva - ii. a iii______K_ zi it t' , , Ordinance tj; :� Zoning D. ARCHITECTURAL REQUIREMENTS POINTS (For all Village Residential Districts) DESIRABLE NA BAST;STANDARD None PAGE# ELEMENT Mat' 1 UU`7o brick or stone � 1. l xterior F�4adc Mat' 5 40 Brick fire lace nnchin�� exterior Chinmev enclosure re aired a. 8:1Brick re greater 10 41 3.Chimnc 's 6:1 minimum roof Pitch 4 Roof Pitch h. Dormers, a combination hi and rah c 5 42 Asphalt shingles, no wood shingles, faint :architectural grade overlap shingles 10 or 5. Roof Materials roofto accessories to match 42 a.9 lots skipped both sides of street 6 7 lots skipped both sides of street b. None within 1,200 feet 20 OR same Units with eame In O plan and10 or -� 43 street elevation OR a.9 lots Q� Vi plan and 7 lots skipped same side of street,4 lots opposite side skipped same side of strcct,6 ots ,0 ... N 7. Units with same flooropposite side h. None within 1,200 feet 5 44 different strcct cicvation S front entry 40 sf minimum front porch,4' minimum a. Porch ch minimum g part front ront orch dmnwm 10 �_p g, Village Residential Iro depth de th 5 46 cover Onc style throughout development IU. Village Residential Mail box Paired at lot line �p n 46 locations 10 t 1— ral rude Dormers,or combination hip and gambrel ��e Residential ��ara�c doors Offset, maximum St)tcc.wcnt of elevation Not on rimar street elevation 47 1 I.Villa_ 8:12 pitch with architectural C 95 12.Village Residential roofs and overly shin�tles 4U 47 roofinu materials v. Total Number of Architectural Points Available Total Number of Architectural Points Re aired • fr r . r ....., _ • July 25,2000 ARTICLG.3— RESIDENTIAL DISTRICT REGULATIONS Pace 29 1111 kg Zoning Ordinance (Ja 0 R7e L 1,. 1 v __. 2 c, e ` S PP time of planting, evenly pace,' }t 1 '-1 v V ` 1it� • g of s des of t street at a maximum spacing of 30 feet on center. (20 points] I lie 01 ��,Aliimu,`r • Pwcs o.—,cry- ► WOK 30' / ,S ' 1 1G--t-�T L.tr.{C� • F. Architectural Standards Architectural points are awarded to projects in accordance with the following criteria: 1. Exterior Façade Material a. Base Standard All single family residential units shall have a minimum of 100 percent of their exterior facade as brick or stone laid masonry units, excluding windows, doors and other fenestration, and glazing shall not exceed 25 percent of the front elevation of the residence. Dormers or other elements supported by the roof structure may be wood siding. ' '`` Wood siding, wood shingles, or masonry stucco may be used for exterior facades if it is in an • ' architectural style that meets the approval of the Planning and Zoning Commission, or is reflective of a historic style similar to those found on historic residential buildings in downtown Wylie. Exceptions may be granted when one or more of the following conditions are met: (1) When other materials are required to blend with the historic architecture of the house. (2) When the construction is infill constriction and the predominate materials used in the neighborhood are those other than masonry. (3) When a new subdivision is proposed which uses an architectural style other than # masonry and which will provide similar or better long-term durability and maintenance quality as masonry construction. I s • Page 40 ARTICLE 3— RESIDENTIAL DISTRICT REGULATIONS July 25, 2000 r [ qe-6 -z_e_14 it/t, 1 0 (J.‘A&7tAx - § 25 WYLIE CODE 25.7. Minimum structure exterior wall Stan. 7E dards. The exterior wall scan aids for construe- C. The minimum Zion in the various districts shall be in accordance exterior wall standards for planned development and specific use per- with the following standards: mit shall be of exterior fire resistant con- 25.7.1. Exterior wall standards, residential. dinanstruc e. as specified A. Exterior wall construction for dinance. by the amending or all struc- tures to be used as a residence, located in D. Exterior wall construction other than in _ al- any zoning district (shall) consist of a accordance with this section shall be num of 75 percent mason min- lowed only cn issuance of a specific2 use ipurpose of this section zonpering in accordance with section 23 of the masonry or masonry veneer are (is] defined zoning ordinance. as brick, stone, decorative concrete block, or such other similar material as approved 25.7.3. [Percentage of fire resistant construction construe- as the building her ] Exterior fire resistant as official, herein specified for residential structures shall B. No single wall face of consist of the designated percentage of the total contain less than 50 any residencec shalld orior wall surface exclusive of windows and surface of mason percent of its exposed masonry construction as herein doors. specified. (Ord. No. 93-22,Exterior wall construction for residential 7 27 93) ' § III, 4-13-93; Ord. No. 93_34, �� I, structures, other than in accordance with Sectio this section, shall be allowed only on issu- 26. Accessory ante ofa specific use �T building regulations. with section 23 of the permit, in accordance 26.1. In\ residence or apzoning artmentaccessory d ,trict, an D. Where more than 60 6 is a subordinate b ,ilding ex- percent of[the] exist- ceeding 120 se are feet of floor area, •ttached to ing number of residential structures or detached fry n the main buildi both sides ofa street and lying along Ceparate bath or g, without two nearest intersectingy g between the commercial purpos,tc1 � facilities, ot of used for the above minimumstandards, streets do not meet ing official may allow ne d construction rld 26.2. In other distri ts, an acce so be equal to that majority existing, a subordinate ry building is g, but in no dental to and used building, ine use of which is i the case less than required by the Uniform main building. onlyunction with the Building Code. 25.7.2. Nonresidential exterior teal!standards. height to 15 feet or the he': ' t of the main struc- 26.3. An accessory buil�rng is restricted in A. Minima exte or wall standards for non- ture, whichever is less. residential structures shall be of at least 75 26.4.Area regulation for acce .s buildings in treated tilt wall, decorative concrete block, standards(or] glass. These s residential and apart ent districts. percent brick, stone brick veneer, custom s shall apply to (1) Size of yards. any wall or portion of wall frontin or backin g, siding (a) Front g upon a thoroughfare, and on all walls facing or abutting residential zoned y d. Attached frint accessory districts. burldint shall have a fro t yard not B. This construction standard shall a less th the main buildin: or as spec- ified 'nn the particular distr t. Acces- the following districts: PP1Y t0 sorY buildings and carports shall be R loc tee in the area defined as B-1 ya d e rear (b)B-2 I de yard. There shall be a side and ot less than five feet from any side lot line, alley line, or easement line; ex- CDA:34 e a� � Zn to I v� Cs\rd w.� ,Nvr e- l � Section 7. Regulations for the Single Family Residential District The single family residential districts existing within the corporate limits of the City, as shown on the District Zoning Map, shall be temporarily classified as R-1300-M of the Single Family Residential District until permanently zoned by the City Council. The following regulations shall apply in a single family residential district: A. Uses Permitted. 1 . One family dwelling. 2. Churches or similar places of worship. 3. Elementary schools, high schools and institutions for higher education. la 4. Publicly owned and operated libraries, museums, parks, play- grounds, fire stations, and community buildings . 5 . Golf courses, country clubs, and non-commercial recreational uses . 6. Agriculture when conducted exclusively for the use of the occu- pants of the dwelling located on the premises, provided there are no agriculture uses present which are offensive in odor or which destroy the character of the landscape. 7. Home occupations . such uses 8. Customary accessory uses and buildings, provided are incidental to the principal use of the premises . 9. Public utility structures necessary for the service of the area. B. The following building regulations for single family residential dis- tricts shall apply: I. R-900-F • a. Minimum Size: The minimum area of the main building shall not be less than 900 square feet exclusive of garages, breezeways and servant quarters . 4 b. Type Materials: The main structure shall be frame con- struction or any higher type building material. c. Building Height Limit: No building shall 'exceed two and one-half (2-1/2) stories nor thirty five (35) feet. 7 : i, , If / f1T . f g i / d. F.rea Requirements: Lot area shall be not less than 6, 500 square feet with a minimum lot width of 60, feet and a minimum lot depth of 100 feet. e. Yard Requirements: Each lot shall have front, side, and rear yards not less than the depths or widths as follows: 1 . Front yard depth: 25 feet- 2. Rear yard depth: 25 feet 3. Side yard width: 10% of lot width_. f. Offstreet Parking and Suplementary Regulations: Refer to Supplementary Regulations. II. R-900-M a. Minimum Size: The minimum area of the main building shall not be less than 900 square feet exclusive of garages, breeze- wa` and servant quarters . ��'?ype Material: The main structure shall be of Masonry con- % t.....�st 2.ction or any higher type building material. two and c. Building Height Limit: No building shall exceed one-half (2-1/2) stories nor thirty five (35) feet. d. Prea Requirements: Lot area shall be not less than 6, 500 square feet with a minimum lot width of 60 feet and a mini- mum lot depth of 100 feet. e. Yard Requirements: Each lot shall have front, side, and than the depths or widths as follows: rear yards not less 1 . Front yard depth: 25 feet 2. Rear yard depth: 25 feet 3. Side yard width: 10% of lot width f. Offstreet Parking and Supplementary Regulations: Refer to Supplementary Regulations. III. R-1100-M a. Minimum Size: The minimum area of the main building shall not be less than 1 , 100 square feet exclusive of garages, breezeways and servants quarters . 8 il r. j,' Ab. Type Material: The main structurebuilding material.Masonry construction or any higher type c. Building Height Limit: No building shall exceed two and one-half (2-1/2) stories nor thirty five (35) feet. • d. Area Requirements: Lot area shall e of 65 feet not less tand a,mi0ni- square feet with a minimum lot width mum lot depth of 100 feet. e. Yard Requirements: Each lot shall haor widths front, as side,foll an rear yards not less than the depths 1 . Front yard depth: 25 feet 2 . Rear yard depth: 25 feet 3. Side yard width: 10% of lot width . f. Offstreet Parking and Supplementar Regulations: Refer to Supplementary Regulations . IV. R-1300-M The minimum area of the tin building shall a. Minimum Size: 1300 square feet exclusives of garages, not be less than breezeways and servants quarters . f b. Type Materials: The ain stype building ll beeri o Masonry ,,i< ls. construction or any higher inn shall exceed two and C . Building Height Limit: No build a feet. one-half (2-1 /2) stories nor thirty five (35) d. Area Requirements: Lot area shall be f 7less 0 feet 8, 500 a mini- square feet with a minimum lot width mum lot depth of 110 feet. e. Yard Reouirements: Each lot shahs have front, as follows rear yards not less than the dept or 1 . Front yard depth: 25 feet • 2. Rear yard depth: 25 feet 3. Side yard width: 10% of lot width elementary Regulations: Refer to f. Offstreet Parking and Supplementary Supplementary Regulations . • 1 Section 8. Regulations for the Two Family Residential District The following regulations shall apply for all two family dwellings: A. Minimum Size. The minimum area of the main building shall not e less than ha y600 square feet per dwelling unit exclusive of garages, s and other accessory buildings. B. Building Height Limit. No building shall exceed two and one-half (2-1/2) stories, nor thirty five (35) feet. C. Required Lot Area. 00 square feet with Each lot shall have an area of not a�s 65 feet than BanOd a minimum lot depth a minimum lot width of not less th of not less than 100 feet. D. Yards Required. Each lot shall have front, side, and dear yards al strnot tless than those specified for the Single Family éE. Type Material. The main building shall be of masonry construction or any higher type building material. F. Offstreet Parking and Supplementary Regulations. Refer to Supplementary Regulations. • 10