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01-15-1996 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX January 15, 1996 6:30 pm CALL TO ORDER ACTION ITEM 1 . Consider approval of the Minutes from the November 20, 1995 Regular Business Meeting. 2. Consider a request for interpretation as to the zoning classification into which "Batch Plant (Permanent)" shall be placed. 'I I' PUBLIC HEARING 1. Hold Public Hearing and consider approval of a zone change from SF-3 to B-2, initiated by the City of Wylie for Conley Equipment Company, located at 300 E. Marble and further described as Lot 1, Block 36, out of the Railroad Addition. •"P , DISCUSSION ITEM 1. Review Ordinance #92-7 that was enacted in June of 1992 which established procedures and requirements for Site Plan review by the Planning and Zoning Commission. CITIZEN PARTICIPATION ADJOURNMENT Posted Friday, January 12, 1996 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. Planning & Zoning Commission #1 Action Item Re: Approval of Minutes from the November 20, 1995 Meeting January 15, 1996 Consider approval of the Minutes of the November 20, 1995 Regular Business Meeting. MINUTES The Planning and Zoning Commission met in a regular Business Meeting on November 20, 1995, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMNIISSION MEMBERS PRESENT: Chairman,Bart Peddicord, Rich Eckman, Cecilia Wood Stuart Allison and Steve Ahrens. ABSENT: John Crowe - excused and Tim Owen - excused. STAFF MEMBERS PRESENT: Director of Community Development -Mike Phillips, Technical Coordinator- Lisa Price, and Secretary - Rebecca Rogers. ACTION ITEMS I1'EM NO. 1: Consider approval of the Minutes from October 16, 1995 Regular Business Meeting with corrections as noted. A motion was made by Steve Ahrens and seconded by Stuart Allison. Motion carried, all in favor(5 votes). ITEM NO. 2: Consider approval of a site plan for Kirby Plaza, located north of Kirby Road and south of Hwy. 78, also being south of McDonalds and Kentucky Fried Chicken and further described as Lots 2C and 2D of the Moussa-Switzer Addition. Chairman Peddicord asked for any staff comments. Mike Phillips, Director of Community Development stated that originally the meeting before the P&Z Commission was for a site plan approval. What is being requested now is a preliminary approval of a concept site plan. Zoning requirements for "R", "B-1" and "B-2" are required to provide a dedicated alley or private drive and a twenty foot rear setback. The owner, Mike Belt, is currently awaiting plat approval, but his site plan has no provisions for a dedicated alley/private drive. This is not going to be an individual store in the long run, it is part of a whole plan. Staff interpretation is to require the dedicated alley/private drive once the total concept plan is in place, and for the one store. When Mr. Phillips met with Chief English of the Fire Department, Chief English stated that he could live with the access drive being on the side of the property, not in the rear. Mr. Phillips stated that Fire Dept. access was the only reason that he could see for the dedicated alley/private drive. Stuart Allison asked if the property would face Kirby and Mr. Phillips replied that it would face Kirby and side entrance toward Hwy. 78. Mr. Allison asked if there actually needed to be an alley there and Steve Ahrens requested that we clarify where the alley needs to be placed, it seems redundant. Mr. Phillips stated that when the rest of the property is developed that the rear alley requirement would need to be fulfilled because all the buildings would not be accessible from the side alley, but with only one retail business there the side alley would be sufficient until the rest of the concept is built. Stuart Allison stated that Kirby Street already has three driveways opening onto it and is a heavily congested traffic area. Steve 1 Ahrens once again questioned what exactly was before the board. Mr. Phillips stated that the board was to approve/disapprove the conceptual nature of the site plan pending final concept/plat approval, sort of a preliminary plat approval. This is the reverse of the normal process since we are seeing the final concept first. This is only a concept, not a final plat. Final plat would come before the board like any other and have to meet the criteria set forth by the ordinances and board. This was only a request for approval of a concept at this time. Cecilia Wood stated that they would only be approving a concept, she sees problems with future parking and closing off an existing drive if that is the concept. Ms. Wood questioned whether there would eventually be an alley. Mike Phillips replied, that, yes, there would be an alley. However, Chief English has stated that if the building(s) were sprinkled that this concept would not require an access alley/dedicated drive. Chief English would recommend to abandon the rear alley if the buildings were sprinklered. Mike Belt of Route 2,Box 1 ON, Rockwall, Texas 75087, spoke on his own behalf Mr. Belt stated that he was working on sprinkler systems, however, he has received quotes between S10,000 - S40,000 for a 4,800 sq. ft. building and doesn't know how cost effective this would be. Stuart Allison brought up alley requirements and Mr. Belt stated that he only owned Lot 2D and that is why he was requesting the side alley,not the required rear access alley. The rest of the property has not been sold yet and so far,there are no definite plans for development. His property is the only one ready to go foRvard at this time. He and other developers are trying to plan how the shopping center would be when complete and look nice and whole, not in bits and pieces. Mr. Belt plans on extending his building to his property line when the other lots are sold and built so that he may connect to them and the whole project would be a continuous flow. He understands that to do so would require a variance from the Board of Adjustments. Mr. Allison questioned that the property was being sold off in pieces, not as a whole and Mr. Belt replied that this was correct, he only purchased Lot 2ID. Mr. Belt also stated that he has removed that stucco concept that was originally planned and replaced it with 75-80%brick which would meet our requirements and have concrete parking. Chairman Peddicord asked Mike Phillips what was required for this evening. Mr. Phillips stated that the only thing that the board could do at this time, in light of future development and Chief English's recommendation (not sure if this needs to be a motion since its not deviating from zoning) would be to uphold that staffs decision to require the alley on the East and eliminate the rear (North) drive requirement at this time. Cecilia Wood wasn't quite clear on this. Mr. Phillips stated that the current plan of the alley being on the East side is sufficient for the current proposed building, not the entire concept plan. Mr. Allison questioned whether this was a Planning & Zoning or Board of Adjustments decision. Mr. Phillips stated that it was interpreted as being Planning & Zoning by Mindy Manson, Assistant to City Manager, due to the nature of the request. Rich Eckman questioned if this would go before City Council and Mr. Phillips that it would not because the request is not to change the zoning ordinance - just to make an exception. This would not lock the builder/developers in, this is all pending approval of the final plat. Mr. Allison asked if Mr. Blakey is the developer and Mr. Baron Cook of 19 Santa Maria Circle,Wylie, Texas stated that he and Mr. Blakey owned the property, Mr. Belt bought just a portion of the property (which is being replatted). Mr. Belt is ready to start building now, Cook & Blakey are not ready to build at this time but Mr. Belt would eventually connect to buildings that would be built by building to his property line (and they are aware that this 2 has to go before BOA to build on property line). Tonight they are trying to show the long term goals. Mr. Allison wasn't sure how to word the motion. Mr. Cook stated that Ms. Wood had mentioned the future parking and wanted to inform the board that there was extra property currently at the rear of KFC that would planned for extra parking. Motion was made by Steve Ahrens to uphold the staffs opinion to allow a private drive to be provided on the East side of the property and to eliminate the North access alley at this time, pending final plat approval, seconded by Rich Eckman. Motion passed, all in favor(unanimous-5, absent-2). Mr. Cook asked if they could replat from one to two lots now and Mr. Belt questioned if he could do away with the sprinklers. Mike Phillips replied that they could move forward with the replat now and that Mr. Belt would have to discuss the sprinklers with Chief English. No citizen participation. STAFF REPORT Mike Phillips mentioned that the Planning & Zoning Commission may want to review Zoning Ordinance#92-7,which was enacted in June of 1992. Apparently, for no reason that Mr. Phillips is aware of, this ordinance has not been followed except in some instances regarding zone change. Wasn't sure if the board needed to do this or to discontinue it. Will discuss at next Planning & Zoning meeting. Also discussed when to have the next Planning & Zoning Commission meeting. The Committee concurred that no meetings will be held until after the holidays, next meetings will be in January 1996. Chairman Peddicord questioned if there were any regulations that required the P&Z Committee to meet once a month regardless if there was anything on the agenda and if there is not, he has no problem with putting off any meetings until January. Mike Phillips stated that he didn't believe there were any requirements of that nature. ADJOURN: A motion was made to adjourn by Stuart Allison, seconded by Cecilia Wood. Motion carried, all in favor (5 votes, 2 absent). Chairman Peddicord adjourned the meeting. Respectfully submitted, Bart Peddicord, Chairman Rebecca Rogers, Secretary 3 Planning & Zoning Commission #2 Action Item Re: Zoning Classification for"Batch Plant (Permanent)" January 15, 1996 The category for Batch Plants (Permanent) are not listed in the Zoning Ordinance. A request from Bodin Concrete to construct a permanent batch plant has therefore required the Director of Community Development to seek the most appropriate classification for this unlisted form of land use. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount, and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer. According to Section 29 of the Comprehensive Zoning Ordinance, the Building Official shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission. The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be placed. The Planning and Zoning Commission shall relate its findings and recommendations to the City Council as to the new or unlisted use. The Council shall, by resolution, approve the recommendation of the Planing and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. (k) Balloons and other Floating Devices Wylie. In order to provide for such changes and Used for Advertising Purposes: No person contingencies,a determination as to the appropriate shall erect, maintain or permit the erection of, classification of any new or unlisted form of land for advertising purposes,any balloon or other use shall be made as follows: floating device anchored to the ground or to any other structure within the City of Wylie. (1) The building inspector shall refer the question concerning any new or unlisted § 27.25 Persons Responsible: The permittee, use to the planning and zoning owner, agent, person or persons having the commission requesting an interpretation beneficial use of the ground or a sign,the owner of as to the zoning classification into which the land or structure on which the sign is located, such use should be placed. The referral and the person in charge of erecting the sign are all of the use interpretation question shall be subject to the provisions of this ordinance and are accompanied by a statement of facts subject to the penalty provided for violations of listing the nature of the use and whether this ordinance individually. it involves dwelling activity, sales, processing, type of product, storage and amount, and nature thereof, enclosed or SECTION 28 open storage, anticipated employment, PLATTING PROPERTY NOT transportation requirements, the amount PERMANENTLY ZONED of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for § 28.1 The planning and zoning commission of public utilities such as water and sanitary the City of Wylie shall not approve any plat of sewer. any subdivision within the city limits of the City (2) The planning and zoning commission of Wylie until the area covered by the proposed shall consider the nature and described plat shall have been permanently zoned by the city council of the City of Wylie. performance of the proposed use and its compatibility with the uses permitted in § 28.2 The planning and zoning commission of the various districts and determine the the City of Wylie shall not approve any plat or zoning district or districts within which any subdivision within any area where a petition or such use should be permitted. ordinance for annexation or a recommendation for (3) The planning and zoning commission annexation to the City of Wylie is pending before the city council unless and until such annexation shall transmit its findings and shall have been approved by resolution by the city recommendations to the city council as council. to the classification proposed for any new or unlisted use. The city council § 28.3 In the event the planning and zoning shall, by resolution, approve the commission holds a hearing on proposed recommendation of the planning and annexation, it may, at its discretion at the same zoning commission or make such time hold a hearing upon the permanent zoning determination concerning the that is to be given to the area or tract to be classification of such use as is • annexed, and make a recommendation on both determined appropriate based upon its matters to the city council so that the city council findings. can, if it desires, act on the matter of permanent (4) Standards for new and unlisted uses may zoning and annexation at the same time. be interpreted as those of a similar use. When determination of the minimum requirements cannot be readily SECTION 29 ascertained, the same process outlined in CLASSIFICATION OF NEW paragraphs (1), (2), and (3) above shall AND UNLISTED USES be followed. § 29.1 It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Page 40 Supp. No. 1 Planning & Zoning Commission #1 Public Hearing Item Re: Approval of a zone change from SF-3 to B-2 January 15, 1996 While plans were being reviewed for an addition to the Conley Equipment Company building located on Marble and Hwy. 78, Staff found that the original building was erected in an inappropriately zoned area. After researching the original building permit, it was found that the plans had been approved by an interim Building Inspector and that the zoning issue had not been recognized. To rectify this situation, the City is initiating a zone change request for this property from SF-3 to B-2. All of the businesses along Hwy. 78 in this vicinity are zoned Retail, B-1, B-2, or Industrial. This B-2 zoning classification would be appropriate for the Conley Equipment Company and would be consistent with the City of Wylie's Comprehensive Land Use Plan. Five Public Hearing Notices were sent to surrounding property owners and to date, one has been returned indicating approval for the requested zone change. 21 -_l i_2 1--, " r 22 �r'9 ••22: I 22.1 REEA:ESS vr, -. , 24d {c_rwE^ 5 i 26• ts� :2 17 i -4 / . •27i 4___:1 27 S-rs-11 _ " oI`, •+ 151, • 4 29 : : 2 ' 91 f, 1y4�' .50. 71 1 r'30,i- 1 13:1i - LANE r: 41.4� I.1 .2• 3,4 516�1 :. J-�" ' L AsE - - _ -r.. I tr 35 ,(1 2•3 4 5'6/I - f• - Pt219 Te 131ZIY si r ![ NI NO. tl-E-'J•-- I ('I ,e V_ _ Bill K?E TA.EP X AZ j'L so Y rM, r , i •'� _ a FI • i•ri ` } r K. I • I• n, ^ is SOME Y , 7 . © end _ dFLH I � 1 _ c . ' \.T''' _ J E r r E R S 0 R S T R C E T ,• i__•• ... 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LILLI.1-' p D , --int-_,..-6. i ____, ,, _ )Pv _I Weetera II, r— —1 /-' •_ u�4' i+tE,II,' . i i+,, °I---L:+' Akin Lane • f-tr• -_i-c-i•t././- - 4 �_ J B, .i --z' /�' '-gym •� 'N IM, I�C_, ._i J I / -Jri 1 1 ( \ i I l l r- - , / -- B19445 R r -- i .-, •1p --: __-j L S F _ 3 77- 17 SF - 2 , , i ri /- R 8 3 - 1 R ► / ; 3 - flQ 86- 1 9 / R84 -2o R R - 11 B274 8 4 -6 1 85 - 110 R B _ 1 8 3 - 1 2 86 -79 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday January 15, 1996 at 6:30 p.m. and if approved, the City Council will hold a Public Hearing on Tuesday, January 23, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from SF-3 to B-2, initiated by the City of Wylie for property located at 300 E. Marble and further described as follows: Lot 1, Block 36 out of the Railroad Addition. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Marble Return this form to : Lisa Price, Technical Coordinator P.O. Box 428 Wylie, Texas 75098 dI am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below • 1. . 2. 3. Signature Printed Name Address /00 X. 77.2s7 (-fe e - gym 3P-3 To B- 2 NOTIFICATION REPORT APPLICANT: L ( Viqiiie APPLICATION FILE# {(��I(k. 3 Cp Trame & Address ATTORNEY, AGENT: Name & Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS 5 3 i_roz . Ari lat. aa2--i Si- (,Iiurah 100 t . ficam-- sf. /Ut4l i 4 I, If 1p - 5 i, If „ q 3 1, 67eo' e \ eal-I�er- -or"d Rov�Vle-d-1`_ "lo 3 4 11 (0 \II i . "PaviS pc) f5ox se, V�� 40!, 5 0 e i. 1 Pacer c q Ee(lar6 WT 1 KC sRioi7c po aax 6155 WT to I r, ( oral° We3-ley-C-nrd 5ame, a-c 4.b0 irc 2 ,. f, `' /1 I r, IN- F is-- Church -erne, d.c) ve Planning & Zoning Commission #1 Discussion Item Re: Review Ordinance #92-7 (Plan Review) January 15, 1996 At the last Planning and Zoning Meeting which was held on November 20, 1995, Mike Phillips requested that the P&Z review and discuss Ordinance 92-7 which established procedures and requirements for Site Plan review by the Planning and Zoning Commission. Attached is a copy of this Ordinance. This ordinance established a Site Plan review process by the Planning and Zoning Commission and City Staff for any proposed development within the City of Wylie. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services. The Planning and Zoning Commission shall review the Site Plan for compliance with all applicable Ordinances and the comprehensive Plan, for harmony with surrounding uses and the overall plan for development of the City of Wylie, for the promotion of the health, safety, order, efficiency and economy of the city, and for the maintenance of property values and the general welfare. Apparently to date, this Ordinance has not been acted upon and no one on the Commission can remember any Site Plans being brought before the Commission for review prior to issuance of a Building Permit. No fees have ever been established for this procedure. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING PROCEDURES AND REQUIREMENTS FOR SITE PLAN ZEVIEW, AMENDING EXITING BUILDING SITE REQUIREMENTS; REPEALING SECTION OF THE CITY OF WYLIE ZONING ORDINANCE AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; AND FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the existing requirements for creation of a building site in the city do not specifically require site plan approval as a requisite to issuance of a building permit; and, WHEREAS, the governing body has, in its legislative discretion, determined that a more detailed requirement for site plans for certain developments would promote the general welfare of the community; and, WHEREAS, the governing body has further determined, in such legislative capacity, that such site plan requirements would be consistent with the purpose of existing zoning regulations to promote orderly development of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: 1 . That Section 29 of the Wylie Zoning Ordinance, as codified in Section 1 of Chapter 12 of the Wylie City Code, as the same now exists, is hereby repealed, in its entirety, and the following provisions adopted therefore: SECTION 29 CREATION OF BUILDING SITE • Section 2-9 . 1 Prerequisite for Issuance of Building Permit No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with the following conditions: a) The lot, plot, or tract is a part of a plat of record properly approved by the planning and zoning commission, and filed in the plat records of Collin County (or if appropriate Dallas or Rockwall Counties) ; except where said plot, tract or lot faces upon a dedicated street and was separately owned, prior to the effective date of the Wylie Zoning Ordinance (May 7 , 1985 ) or- prior to annexation (whichever is applicable) , and in such excepted event the exception shall apply only for one main building which shall otherwise comply with the requirements of the Wylie Zoning Ordinance, on a one time basis; AND b) The lot, plot, or tract has complied with the requirements for site plans, as set forth in Section 29A, to the extent applicable; AND • c) The lot, plot, or tract is accessed by a public street or public drive. 2 . That the following new section, to be designated as Section 29A, be added to the Wylie Zoning Ordinance, as Codified in Section 1 of Chapter 12 of the Wylie City Code: SECTION 29A SITE PLAN REVIEW PROCEDURES AND REQUIREMENTS 29A. 1 PURPOSE This section establishes a Site Plan review process by the Planning & Zoning Commission and City Staff for any proposed development within the City of Wylie. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular . and pedestrian circulation, parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services. 29A.2 APPLICABILITY a) Site Plan review and approval by the Planning & Zoning Commission shall be required for the following: 1) Any shopping center. 2 ) Any apartment development. 3 ) Any Planned Development and Specific Use Permit. 4 ) Any Retail, B-1, B-2 or Industrial Zone development, unless such development is located within an approved Industrial or Commercial subdivision. 5 ) Any development where more than one main building or use is proposed on a single lot or tract. b) No building permit shall be issued for any of the above developments, unless a Site Plan is first submitted to and approved by the Planning and Zoning Commission. No certificate of occupancy shall be issued unless all construction and development conform to the plan as approved by the Planning and Zoning Commission. c) Notwithstanding any other provisions of this ordinance or its amendments, the Director of Planning & Engineering may at his discretion require a Site Plan for any development to be submitted for approval by the Planning & Zoning Commission if in his opinion it is in the best interest of the City to do so. 29A. 3 EXEMPTION AND EXCEPTIONS a) Site Plan approval by the Planning & Zoning Commission shall not be required for any detached one or two dwelling unit buildings or any accessory uses incidental thereto. City Site Plan requirements for these buildings and uses may be acquired by contacting the Building Official. b) The Planning & Zoning Commission may, at the request of the applicant, waive any of the various requirements of maps and submissions hereinafter set forth. 29A.4 SITE PLAN DETAILS The Site Plan shall contain sufficient information relative to site design considerations, including but not limited to the following: 1 ) Location and orientation of proposed building(s) and structures 2 ) On and off-site circulation 3) Parking 4 ) Grading 5) Landscaping 6 ) Placement of utilities 7 ) Screening 8) Engineering for streets and utilities Provision of the above items shall conform to the principles and standards of this ordinance . To ensure the submission of adequate Site Plan information, the Planning and Engineering Department is hereby empowered to maintain, and distribute a list of specific requirements for Site Plan review applications . Any Site Plan detail or requirement updates, deemed necessary by the Planning and Engineering Department, shall be submitted to the Planning and Zoning Commission for zoning amendment consideration. 29A.5 SUPPLEMENTAL REQUIREMENTS a) The Planning & Zoning Commission and/or Director of Planning & Engineering may require other information and data for specific Site Plans . This data may include but is not limited to geologic information, water yields, flood data, environmental information, traffic analysis, road capabilities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Conditional approval of a Site Plan may establish conditions for construction based on such information. b) The Planning Director may require that the Site Plan be prepared by an architect or licensed engineer or both if applicable to the specific requirements of the Site Plan. c) Before submittal of the Site Plan to the P & Z , the Planning Director must insure that all applicable City staff personnel provide technical input relating to the Site Plan details . 29A. 6 PRINCIPLES AND STANDARDS FOR SITE PLAN REVIEW The following criteria have been set forth as a guide for evaluating the adequacy of proposed development in the City . of • Wylie . The Planning & Zoning Commission shall review the Site Plan for compliance with all applicable Ordinances and the Comprehensive Plan; for harmony with surrounding uses and the overall plan for development of the City of Wylie; for the promotion of the health, safety, order, efficiency and economy of the City; and for the maintenance of property values and the general welfare. Based upon its review, the Commission may approve, conditionally approve, request modifications or deny approval of the Site Plan based on evaluation of the Site Plan details with respect to: 1) The Site Plan 's compliance with all provisions of the Zoning Ordinance and other ordinances of the City of Wylie including but not limited to off-street parking and loading, lighting, open space and the generation of objectionable smoke, fumes, noise, odors , dust, glare, vibration or heat. 2 ) The environmental impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood. 3 ) The relationship of the development to adjacent uses in terms of harmonious design, setbacks, maintenance of property values and negative impacts. 4 ) The provision of a safe and efficient vehicular and pedestrian circulation system. 5 ) The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged. 6 ) The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings . 7 ) The coordination of streets so as to compose a convenient system consistent with the Thoroughfare Plan of the City of Wylie. 8 ) The use of landscaping and screening ( 1) to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary, and (2 ) to complement the design and location of buildings and be integrated into the overall site design. 9 ) Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties . 10 ) The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses . 11 ) Protection and conservation of soils from erosion by wind or water or from excavation or grading. 12 ) Protection and conservation of water courses and areas subject to flooding. 13 ) The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants. The decision of the Planning & Zoning Commission to approve or deny a Site Plan shall be final .and binding unless an appeal of said decision is made to the City Council. The appeal shall be filed in writing with the Planning Department not more than seven days after the date of the action taken by the Planning & Zoning Commission. The appeal shall state all reasons for dissatisfaction with the action of the Planning & Zoning Commission. If the City Council, by majority vote, deems the appeal to be without merit, it may refuse to accept the appeal, and the action of the Planning & Zoning Commission shall stand. If the City Council, by majority vote, accepts the appeal, the decision by the City Council to approve, conditionally approve, request modifications, or deny a Site Plan shall be final and binding. Incases where Site Plan approval included provisions which must be approved by the City Council, Planning & Zoning Commission approval of the Site Plan shall be referred to the City Council for this action. 29A. 7 EFFECT OF SITE PLAN APPROVAL a) If development of a lot with an approved Site Plan has not commenced within two years of the date of final approval of the Site Plan, the Site Plan shall be deemed to have expired, and a review and re-approval of the approved Site Plan by the Planning & Zoning Commission shall be required before a building permit may be issued. Said review and approval shall be evaluated according to the standards of Section 29 . 8, taking into account all changes to applicable ordinances which have occurred subsequent to the prior approval of the Site Plan. • b) It is recognized that final architectural and engineering design may necessitate minor changes in the approved Site Plan . In such cases, the Planning Director shall have the authority to approve minor modifications of an approved Site Plan, provided that such modifications do not materially change the circulation and building location on the site. 29A. 8 NOTICE OF DENIAL TO CITY COUNCIL In the event that the Planning & Zoning Commission shall deny approval of a site plan written notice of such denial and the reasons therefore shall be transmitted to the City Council within ten days following such denial . " 4 . All other orainances of the City of Wylie which are in conflict herewith are hereby repealed to the extent necessary to resolve such conflict. 5 . Should any paragraph, sentence, sub-division, 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 provisions thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. 4 . This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and the City's Charter provide in such cases . DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this 7 day of June, 1992. By J � ). ohn W. Akin Mayor Attest: l__ G__ \'� /�`'' 1 . Carol Jo City Secre ry SEA L ! Approve, - ''' ' /' i�i./. .ILA(•L . e 'n P Fit-S r cit. Att.Fit-,