07-06-1992 (Planning & Zoning) Agenda Packet DATE POSTED 7-2-92 TIME POSTED 8:30 A.M. AGENDA REGULAR MEETING OF THE PLANNING & ZONING COMMISSION MONDAY, JULY 6, 1992 6:30 PM. - COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER: ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 . 1-2 Consider approval of minutes of the May 18 , 1992 meeting . 2 . --- Election of Chairman and Vice Chairman for the 1992-1993 year. 3 . 3-30 Yearly review and future goals - Rick Herzberger . 4 . 31-38 Conduct Public Hearing for the purpose of considering a zone change and map amendment of the following property: Lots 13 , 14 , 15 of Block 3 of the Brown and Burns Addition (301 N. Ballard) SF-3 to Retail . 5 . Close Public Hearing. 6 . 31-38 Consider recommendation to the City Council of a zone change and map amendment for a zone change of the following property: Lots 13 , 14,15 of Block 3 of the Brown and Burns Addition (301 N. Ballard) SF-3 to Retail . 7 . --- CITIZEN PARTICIPATION: In accordance with the Open Meetings Act , any Board Commission of the City of Wylie will hear comments of Public interest from residents and pertaining to items within the jurisdiction of the seated Board. Remarks will be limited, to placing the item on a future agenda for consider - action. Remarks must be limited to not more than five (5) minutes . 8 . --- Adjourn. i , 1.) (C'‘-a-4) c>s), c-c70- — — MINUTES PLANNING AND ZONING COMMISSION CITY OF WYLIE MONDAY, MAY 18 , 1992 The City of Wylie Planning and Zoning Commission met in regular session at 6 : 30 pm. Monday , May 18 , 1992 in the Council Chambers of the Municipal Complex. A quorum was present and a notice was posted in the time and manner required by law. Those present were Chairman; Robert Flint , Vice Chairman; Gilbert Welch, Mike Hawkins , Cleo Adams ,Billy Mills and Jerry Ault . Staff members present were Building Official ; Rick Herzberger and Secretary; Nita Sims . Those absent : Marvin Blakey. ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES OF APRIL 20, 1992: A motion was made by Cleo Adams and seconded by Mike Hawkins to approve the minutes as submitted with no additions or corrections . Motion carried, all in favor. (Jerry Ault and Gilbert Welch not present for vote, 4 votes) ITEM NO. 2 — CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING_ANAMENDMENT TO THE ZONING ORDINANCE 85-23A, SECTION 29sSITE PLAN REVIEW: Chairman Flint opened the Public Hearing. No public present . ITEM NO. 3 - CLOSE PUBLIC HEARING: Chairman Flint closed the Public Hearing . ITEM NO. 4 — CONSIDER RECOMMENDATION TO THE CITY COUNCIL OF AN AMENDMENT TO ZONING ORDINANCE 85-23A_, SECTION 29 _SITE PLAN REVIEW: All the members discussed and reviewed the Zoning Ordinance and made changes to the following sections : Section 29. 6 - Update requirements to be submitted to the Planning & Zoning Commission and process as an Ordinance change. Change Planning Department to Planning & Engineering Department . Section 29. 5 - Add sentence to clarify other Site Plan requirements not covered by this ordinance. A motion was made by Mike Hawkins and seconded by Jerry Ault to recommend approval of the Site Plan Ordinance as an amendment to the Zoning Ordinance to the City Council . Motion carried all in favor. ( 6 votes) ITEM NO. 5 CONSIDER THE APPROPRIATE CLASSIFICATION OF THE FOLLOWINGUNLISTED _FORM _OF LAND USE _-_QUICK SERVICE FOOD„. BEVERAGES OR_PERSONAL SERVICE SHOP CONDUCTED IN A PORTABLE BUILDING:_ After the members reviewed and discussed this land use , they decided to ask Rick Herzberger to research other possible Zoning Ordinance applications for this use , instead of classifying as a certain Zoning District Specific Use. Mr . Herzberger stated he will further research other area Zoning Ordinances per this request and present to the Commission at a future date. ITEM NO. 7 - CONVENE FOR MONTHLY WORKSHOP TO DISCUSS THE COMPREHENSIVE REVISION OF THE ZONING ORDINANCE_ Chairman Flint opened the workshop and he stated the workshop was open to the public . Rick Herzberger went over the Comprehensive Zoning Ordinance . All the members reviewed and discussed the Comprehensive Zoning Ordinance as well as the Zoning Map. ITEM NO. 8 - RECONVENE TO REGULAR BUSINESS MEETING: Chairman Flint closed the workshop and reopened the regular business meeting. ITEM NO. 9 - CITIZEN PARTICIPATION: None. ITEM NO. 10 - ADJOURN: A motion was made and seconded for adjournment . Meeting adjourned by Chairman Flint . Motion carried, all in favor . ( 6 votes) Respectfully submitted: L , VZ/4/ A1/2lla (-11.4 Robert Flint , Cha-i*mejn Nita Sims , Secretary 6; I Berl vM(J7 J IC2 1cu r mcLn OATH OF OFFICE IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: " I , Bobby Jennings , do solemnly swear (or affirm) , that I will faithfully execute the duties of the office of Planning and Zoning Commissioner of the State of Texas , and will to the best of my ability preserve , protect , and defend the Constitution, and laws of the United States of this State , so help me God" By: Bobby en ngs SUBSCRIBED AND SWORN to before me , the undersigned Notary Public , this 6 day of July , 1992 for Collin County , Texas . . SEAL �o'1 .iN _ fl `k_ ✓ 1 • �(, �(./=_, (SEAL) WA M. SMIS Notary Public,State of Texas Nita M. Sims , Notary Public ,(;�,,.;�/ My Commission Expires 2-11-96 OATH IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: " I , Bobby Jennings . do solemnly swear (or affirm) , that I have not directly or indirectly paid, offered, or promised to pay, contributed, or promised to contribute any money , or valuable thing or promised any public office or employment , as a reward to secure my appointment or confirmation thereof , so help me God" 4 By: 04L Bobby nni gs SUBSCRIBED AND SWORN to before me, the undersigned Notary Public, this 6 day of July , 1992 for Collin County, Texas . ( Pt,--= NITA M. SIMS -CliZ--q)1• �4 )" T (SEAL) Notary Public,State of Texas ' ? My Commission Expires 211-96 Nita M. Sims , Notary Public OATH OF OFFICE IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: " I , Bart Peddicord , do solemnly swear (or affirm) , that I will faithfully execute the duties of the office of Planning and Zoning Commissioner of the State of Texas , and will to the best of my ability preserve, protect , and defend the Constitution and laws of the United States of this State, so help me God" BY : Bart Peddicord SUBSCRIBED AND SWORN to before me, the undersigned Notary Public , this 6 day of July , 1992 for Collin County, Texas, L_ -T- • JM/J. .Cr^7J:..cii'Tcfri^'�I'.°cLT: 1..c ty? y i I (SEAL) NIfA M. `!. ,, �. orypo„ ♦ - Nita M. Sims , Notary Public Qi!,10 `�n ;1 ' S 2-11-9G OATH IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS: " I , Bart Peddicord , do solemnly swear (or affirm) , that I have not directly or indirectly paid , offered, or promised to pay , contributed , or promised to contribute any money, or valuable thing or promised any public office or employment , as a reward to secure my appointment or confirmation thereof , so help me God" B // � ��� y. Ba'r Peddi -'lTrd SUBSCRIBED AND SWORN to before me, the undersigned Notary Public , this 6 day of July , 1992 for Collin County , Texas . fficarMtrt"Mr.t.rtrr:Tr,'1; MIME MITA M. VMS (SEAL) Notary Public,Stats of texas _ Vr 5061 ',.^ MyCommissionfrpires2.11.96 ; Nita M. Sims , Notary Public . lI MINUTES PLANNING AND ZONING COMMISSION CITY OF WYLIE MONDAY, MAY 18 , 1992 The City of Wylie Planning and Zoning Commission met in regular session at 6 : 30 pm. Monday , May 18 , 1992 in the Council Chambers of the Municipal Complex . A quorum was present and a notice was posted in the time and manner required by law. Those present were Chairman; Robert Flint , Vice Chairman; Gilbert Welch, Mike Hawkins , Cleo Adams .Billy Mills and Jerry Ault . Staff members present were Building Official ; Rick Herzberger and Secretary; Nita Sims . Those absent : Marvin Blakey. ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES OF APRIL 20, 1992: A motion was made by Cleo Adams and seconded by Mike Hawkins to approve the minutes as submitted with no additions or corrections . Motion carried , all in favor . (Jerry Ault and Gilbert Welch not present for vote . 4 votes) ITEM.__NO. 2 - CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN AMENDMENT TO THE ZONING ORDINANCE 85-23AL_SECTION 29-, SITE _PLAN REVIEW: Chairman Flint opened the Public Hearing. No public present . ITEM NO. 3 - CLOSE PUBLIC HEARING: Chairman Flint closed the Public Hearing . ITEM NO. 4 - CONSIDER RECOMMENDATION TO THE CITY COUNCIL OF AN AMENDMENT TOZONING ORDINANCE 85-23A SECTION29_, SITE _PLAN REVIEW: All the members discussed and reviewed the Zoning Ordinance and made changes to the following sections : Section 29. 6 - Update requirements to be submitted to the Planning & Zoning Commission and process as an Ordinance change. Change Planning Department to Planning & Engineering Department . Section 29 . 5 - Add sentence to clarify other Site Plan requirements not covered by this ordinance. A motion was made by Mike Hawkins and seconded by Jerry Ault to recommend approval of the Site Plan Ordinance as an amendment to the Zoning Ordinance to the City Council . Motion carried all in favor . (6 votes) ITEM 3NO.__5 .-___-__..CONSIDER _ THE_._APPROPRIATE- CLASSIFICATION OF__THE FOLLOWING UNLISTED FORM OF LAND USE - QUICR SERVICE_._ FOOD,_ BEVERAGES OR PERSONAL SERVICE SHOP CONDUCTED IN A PORTABLE BUILD__ING: After the members reviewed and discussed this land use . they decided to ask Rick Herzberger to research other possible Zoning Ordinance applications for this use , instead of classifying as a certain Zoning District Specific Use. Mr . Herzberger stated he will further research other area Zoning Ordinances per this request and present to the Commission at a future date . I ITEM NO. 7 - CONVENE FOR MONTHLY WORKSHOP TO DISCUSS THE COMPREHENSIVE REVISION OF THE ZONING ORDINANCE: Chairman Flint opened the workshop and he stated the workshop was open to the public . Rick Herzberaer went over the Comprehensive Zoning Ordinance. All the members reviewed and discussed the Comprehensive Zoning Ordinance as well as the Zoning Map. ITEM NO_ 8 - RECONVENE TO -REGULAR BUSINESS MEETING: Chairman Flint closed the workshop and reopened the regular business meeting . ITEM NO. 9 - CITIZEN PARTICIPATION; None. ITEM NO. 10 - ADJOURN: A motion was made and seconded for adjournment . Meeting adiourned by Chairman Flint . Motion carried, all in favor. ( 6 votes) Respectfully submitted: Robert Flint , Chairman Nita Sims , Secretary 9ec `tt4 "S-t-e 3 - eo� ; t'1 9c(0 Po `t eS a - g-N-oc `rner {'f \ems'-e of (6A5i- eo Pc, ices 3� '1C> C�SSPS.e W"'-er-c G-e Oov..).1TDw 6 (t�G � S- = s Aq eel L. T.-rem 3 - \leo( iyn Ret1t' - R-rvr- -90 1S 2 MEMORANDUM TO: THE PLANNING AND ZONING COMMISSION FROM: RICK HERZBERGER, BUILDING OFFICIAL DATE: JULY 1 , 1992 SUBJECT: YEAR IN REVIEW AND FUTURE GOALS . AGENDA ITEM #3 . At this time each year, I will present a brief year' s review of Planning and Zoning recommendation and subsequent City Council action, as well as a future goals report . The following review is from June 17 , 1991 to May 18, 1992 : 1) Corrected zoning district error by rezoning 5 tracts on Martinez Lane. (approved) 2) Added car wash use to Retail in order to eliminate non- conforming uses . (approved) 3) Landscape ordinance recommendation - still pending Council action per the City Attorney's work on enforcement provisions . (see attached) 4) Replat of KFC lots . (approved) 5) Preliminary Plat of the Oakridge Subdivision - approved (see attached) 6) Accessory Building changes . (approved) 7) Final Plat of the Texas National Guard Armory. (approved) 8) Replat of the Wylwood Estates (Akin Lane) . (approved) 9) Spring Creek Final Plat . (approved) 10) Conducted Planning workshop. (see attached) 11) Site Plan Ordinance. (approved) (see attached) 12 ) Considered Temporary Use applications of quick service food shops , sno cone stands , BBQ stands , etc . (still pending) 13) Capital Improvements Advisory Committee. (approved final report) (see attached) 14) Joint work session with City Council and EDC. (see attached) The following future goals have been set for the 1992-1993 year: 1) Continue Zoning Ordinance and Zoning Map revisions . 2) Upon Council approval , begin the Comprehensive Plan, as directed by an approved planning agency. 3) Advise Council on Land Use Assumptions and Capital Improvements Program update. Mandatory every three years (possibly in conjunction with the Comprehensive Plan) 4) Continue to improve the Planning and Zoning Format . In conclusion, I would encourage each member to offer any suggestion on future consideration work by the Planning and Zoning Commission. I have also budgeted training money for each member, especially in anticipation of the Comprehensive Plan approval by the City Council . 4 MEMORANDUM TO: STEVE DEITER , CITY ATTORNEY FROM: RICK HERZBERGER, BUILDING OFFICIAL DATE: AUGUST 28 , 1991 SUBJECT: LANDSCAPE ORDINANCE Please review the attached proposed Landscape Ordinance and place in Ordinance Format with appropriate enforcement provisions . Upon Mr . Dashner's approval , I will submit this Ordinance to the City Council on September 10 , 1991 . mor-c. -(fie. c G.,,„ Atx‘ . 13 'k i rc c4c 1- -c. z -ro re o l enCrc te-f/ O700 StakS 0' A1-1 /' 4 (`*► 641 .6 r usrosStoA QaZ ct4et -to It* -One e^ o 44 TIAA Swim►► . Nv Cci►c60% e5 aI 5J �`t 4 /14q � , 6)1. wItl be- st).614e1 sooel , cc: Bill Dashner, City Manager LANDSCAPING ORDINANCE PROPOSAL I . INTENT The requirements established herein for the installation and maintenance of landscaping and screening are deemed necessary by the City Council to protect and enhance the community's environmental , economic and asthetic quality, thereby contributing to the overall objective of promoting the public health, safety and general welfare. 4 II . APPLICATION A. This ordinance applies to all buildings and use of land except single family dwellings and agricultural buildings when an application for a building permit is made for the following construction: (1) New Construction (2) Business renovations on an existing structure, valued at over $5 ,000 . 00 or additions of 800 square feet or more to the structure. B. This ordinance also applies to existing properties that are not subject to building permit requirements, when there is a substantial change in the distinguishing traits or primary features of the use of the building or land ,as evidenced by increased parking requirements or a change in occupancy classification. C. This ordinance does not apply to existing lots that do not contain the required minimum lot area as defined in Section III B (1) or are located in the downtown area as determined by the Building Official . III . LANDSCAPING AND SCREENING REQUIREMENTS A. Screening Requirements : (1) Walls, fences, landscaping or other screening devices, are required for screenina of activities including mechanical equipment, refuse areas, adjacent developments, service bays, parking and maneuvering areas and outdoor storage, from adjacent property and public streets . (2) All required screening devices shall be architecturally compatible with the materials and design of the site development . (3) Outdoor storage areas shall be screened from the public street to a height of at least six (6) feet . (4) Outside display of merchandise adjacent to the required front yard shall be screened to a height of at least three (3) feet . (5) Primary refuse storage containers (dumpsters) for all non-residential and multi family uses shall be screened on three sides by the construction of masonry walls or decorative chain link fencing. An opening shall be provided on the fourth side for access , with a minimum width of twelve (12) feet and enclosed with a gate. Design specifications for dumpster pads are detailed in ordinance 87-56 • (B) LANDSCAPING REQUIREMENTS: (1) Every lot shall provide a minimum of 5% of the lot area to be utilized for landscaping. A minimum of one-half of the required landscaping area shall be located in the front yard. Required landscaping area shall not include driveways , paved walks . or right-of-ways or easements for streets or alleys where a fence or wall is required by ordinance. The fence or wall may be located within the required landscaping area. (2 ) Visibility requirements - on any corner lot , all landscaping, whether or not required by this ordinance , shall be designed and maintained so that it shall not obstruct the vision of a motor vehicle driver approaching any street , alley or driveway intersection. When a driveway intersects a public right of way, all landscaping within the triangular area described below shall provide unobstructed cross visibility at a level between thirty (30) inches and nine ( 9) feet above the street grade level . The visibility triangles shall be determined by projecting a line fifteen feet along the street right of way and fifteen feet along the internal driveway and connecting the ends of the two lines. (3) All required landscape areas shall consist of a combination of trees , grass, shrubs , ground cover and other live plant material such as those contained in the recommended plant list. The Combination shall consist or at least one (1) tree, ten feet (10' ) tall , or two (2) trees not less than two inches (2") in diameter, for each one thousand (1,000) square feet or portion thereof,of the required landscape area. 7 RECOMMENDED PLANT LIST LARGE TREES SMALL TREES PECAN YAUPON HOLLIES RED OAK CREPE MYRTLE BURR OAK WAX MYRTLE WATER OAK CHERRY LAUREL SOUTHERN MAGNOLIA RED BUD LIVE OAK JAPANESE BLACK PINE BALD CYPRESS CEDAR ELM BRADFORD PEAR EVERGREEN SHRUBS GROUND COVER RED TIP PHOTINIA ASIAN JASMINE BURFORD HOLLY HONEYSUCKLE NELLIE R. STEVENS ENGLISH IVY CHINESE HOLLY BOSTON IVY YAUPON HOLLY LIRIOPE CLEARRA MONKEY GRASS NANDINNIA VIRGINIA CREEPER DWARF CREPE MYRTLE VINCA JAPANESE LIGUSTRUM MONDO GRASS WAXLEAF LIGUSTRUM OPHIA POGON ABELIA ELAEAGNUS JUNIPERS PURPLE SAGE BARBERRY PROHIBITED TREES SILVER MAPLE HACKBERRY GREEN ASH ARIZONA ASH MULBERRY COTTONWOOD MIMMOSA SYBERIAN ELM AMERICAN ELM WILLOW SYCAMORE - _ (4) All plants material shall be maintained at all times in a living and growing condition. (5) Adjacent right of way shall be properly maintained, but shall not be included in the required landscape area. MEMORANDUM TO: CAROLYN JONES, ACTING CITY MANAGER CITY COUNCIL MEMBERS FROM: RICK HERZBERGER, BUILDING OFFICIAL DATE: NOVEMBER 19, 1991 SUBJECT: OAKRIDGE SUBDIVISION PRELIMINARY PLAT. On November 18 , 1991 , the Planning and Zoning Commission again approved the Preliminary Plat of the Oakridge Subdivision, with recommended duel access provisions , as stated below: (1) The developer must acquire the Fleming Street ROW dedication to the City of Wylie, from the FDIC. (owners of adjacent east tract) (2) A development bond or irrevocable letter of credit must be acquired by the developer with the following conditions : - Before the 50th building permit is issued, the bond or credit letter will pay half of the current cost of the Fleming Street extension, as a perimeter street fund. (see attached reference to Section 6.02(b) (5) of the Subdivision Ordinance) - The bond or credit letter will be negated upon the completion of Westgate Way or upon the completion of Fleming Street , before the 50th building permit is issued. Both street constructions must fully comply with the Wylie Subdivision Ordinance and thoroughfare plan, for construction regulations . - The above bond or credit letter must be acquired by the developer, approved by the City Attorney, and submitted as a Final Plat approval condition to be effective upon the "approved for construction" signature by the Mayor. Please review my attached memorandum to the Planning and Zoning Commission, as this will give you an idea of the last two months of meetings with the developers as well as my reasoning behind accepting another Oakridge Preliminary Plat with out provisions for direct duel access to the subdivision. ( reference last paragraph of the P&Z memorandum) Please allow me to clarify the City Staffs recommendations,. in relation to the approval of this subdivision. First ., Planning and Engineering feels that the developer should provide duel access to this subdivision by the extension of Fleming Street , as a matter of public convenience, safety, to lessen congestion in the streets , and to secure safety from fire, panic and other dangers . This subdivision has already been approved as a Planned Development , with an increase in living unit density, thus creating a need for adequate access arrangements . Second, the. Standard Planning Act allows the Planning and Zoning Commission and The City Council to deny Subdivisions that may be hazardous to the health and welfare of the community, or that may create potential traffic problems . Third, it is the responsibility of the developer to plan and propose any subdivision development with full consideration to the general plan of the City . Both Westgate Way and Fleming Street are within the Collector Street Thoroughfare Plan of the City of Wylie. Even though the above paragraph describes the City Staff 's recommendations , we must also allow any and all landowners a chance to develop their property, by presenting to the Planning and Zoning Commission and City Council , any viable alternatives to the subdivision regulations (see subdivision attachment Section 10 .01) The Planning and Zoning Commission based their Preliminary Plat recommendation, as stated above, on the fact that the developer has presented further verification of the entire development plan surrounding the Oakridge Subdivision, as well as a proposal to fund at least one half of the Fleming Street extension. (this total cost is currently valued at $110 ,000 .00) Even though this proposal would not provide full duel access to the subdivision, The Planning and Zoning Commission feels that this proposal should be addressed by the City Council and either be approved, modified or denied. In conclusion, I ask you to consider the above Planning and Zoning recommendation along with the developers presentation, before making your final decision to approve or deny the Oakridge Subdivision Preliminary Plat . If you vote to deny this plat , then I ask you to deny with a statement regarding what duel access provision must be added before the City Staff can accept another Preliminary or Final Plat from Investors Network. REFERENCE: (1) NOVEMBER 13, 1991 MEMORANDUM TO THE PLANNING AND ZONING COMMISSION. ( 2) SECTION 6.02(B) (5) AND SECTION 10 .01 OF THE WYLIE SUBDIVISION ORDINANCE. iC MEMORANDUM TO: CAROLYN JONES, ACTING CITY MANAGER FROM: RICK HERZBERGER, BUILDING OFFICIAL DATE: JANUARY 27 , 1992 SUBJECT: JANUARY 21 , 1992 WORK SESSION - THE CITY COUNCIL, THE PLANNING & ZONING COMMISSION, AND THE ECONOMIC DEVELOPMENT CORPORATION: CODE ENFORCEMENT RESPONSE. Please approve the following work session report from the Code Enforcement Department , and submit to the City Council , Planning and Zoning Commission and the Economic Development Corporation. I would like to thank the Mayor and the City Council for allowing me to be a part of the recent work session concerning the economic condition in the City of Wylie, as well as offering my thanks to the Planning and Zoning Commission and Economic Development Corporation for their input at this meeting. The opinions and assessments from each person in attendance will help my department in planning the current years projects and goals , of which I would like to reveal to you, as these are reflective of the January 21 , 1992 work session. A. CURRENT PROJECTS: 1 . Code Enforcement - Currently preparing various code related ordinances or amendments to reflect a more efficient code enforcement program, mainly to achieve a continued clean-up of nuisance violations such as high weeds , junk and debris , substandard housing, the entrance corridors of Wylie ( 544 and 78) , the various other dilapidated housing, and the spring to fall continued maintenance of large vacated properties . Within the next six months , the Code Enforcement Department will be certified by the Texas Department of Health with two full time certified Code Enforcement Officers . The purpose of Code Enforcement is not to punish a person, but to see that a valid order is carried out , using practical administrative procedures that encourage voluntary citizen participation in keeping the . City a beautiful and clean place to live. Code Enforcement in a municipality is only as effective as the ordinances adopted by the municipality, and the legal application of these ordinances by trained Code Enforcement Officers . " -Code Enforcement Association of Texas . 2 . Building Inspections - Currently reviewing the 1991 Uniform Code Updates and the 1990 National Electric Code for proper application to the City of Wylie. The National Codes are the • 1L backbone of the city' s continued efforts in providing a safe and healthy environment in relation to Residential and Commercial construction, as well as the continued maintenance of all existing structures . During our research of these updates , we will be evaluating the permit fee structures of area cities and applying this information to our own fee schedules in order to reflect a more competitive permit cost factor . Of course, this fee restructuring will also have to reflect the operating budget of the department and will be presented to the City Council during the Uniform and NEC code update reports within the next three months . We are also preparing a Contractors manual similar to the cities of Rowlett and Plano, that will provide the building contractors a comprehensive explanation of code compliance provisions , inspection request procedures , and other matters that relate to a more efficient building process . (Fewer red tags) This manual will be available, if the budget allows, after the City Council adoption of the Uniform Code updates in April or May of 1992 . The Economic Development Corporation can use this manual for development related projects , since the manual will contain information and instructions from pre- development to completion of construction projects . If all goes as planned, I hope to see a reduction in permit costs and red tags , while still maintaining the budget requirements and integrity of the professional Building Inspection Department . 3 . Planning and Zoning - Currently preparing a Zoning and Subdivision amendment that will clarify procedures for Site Plan approval , Replatting, and Subdivision approvals . These amendments will be minor as compared to a much needed Comprehensive Zoning and Subdivision ordinance evaluation. We are currently working on an updated City Limit Land Use Map for comparison to the recently adopted Zoning Map, as this will prepare us for a next budget year Comprehensive Plan Proposal to the City Council . We are also evaluating the major Industrial and Residential Subdivisions that are not being developed, in order to determine if these subdivisions could be adopted to meet recent developer inquiries . 4 . Impact Fee Program - As this seems to be one area of concern regarding the downturn of building permits , we are postponing the Capital Improvement Advisory Committee report to the City Council that was scheduled for January 28 , 1992 , in order to further review the Capital Improvements Program at a subsequent Advisory meeting on February 10 , 1992 . [The Advisory Committee had previously met on January 20 , 1992 , and they were provided with a considerable amount of information regarding the CIP. ] The February 10th meeting should produce a comprehensive analysis of the Capital Improvements Program as well as a full report to the City Council on February 25 , 1992 . The staff 's main concern is to not see the Impact Fee Program used as a competitive mechanism to enhance growth, as this will obviously defeat the purpose of the program. The Engineering Department and Finance Department is currently preparing further information relating to the work session questions , that will be submitted to the Advisory Committee on February 10 , 1992 . B. FUTURE GOALS 1 . As mentioned above, I feel one of the most important steps that the City of Wylie needs to take in the 1992-1993 budget year, is to prepare for a Comprehensive Plan adoption. This procedure should be professionally monitored and will probably take at least 12 months to complete . The Comprehensive Plan will involve the re-evaluation of the 1985 Comprehensive Zoning and Subdivision Ordinances , the collection of planned growth ideas from the citizens , and then presenting a master growth plan to the City Council for adoption. The Planning and Zoning and Economic Development Corporation will comprise a major portion of this fact finding and information gathering procedure. This proposed 1993 adopted plan will then become a flexible but very useful "Statement of Policy and Procedures" for the next 20 years of Wylie ' s growth related decisions ( Zoning amendments , Subdivision approvals , Capital Improvement Projects, etc. ) Within the next six to eight months , I hope to present to the City Council some plans , costs , and possible procedures for this Comprehensive Plan adoption, the first step being the unanimous approval by the City Council to proceed with this project . I would not hesitate to say that a developer / builder or a business enterprise would be more enticed to come to Wylie if they knew that a Comprehensive Plan existed, especially a Plan that is flexible enough to meet their investment concerns , a plan that shows that the Wylie citizens are concerned with proper growth, and a plan that reflects the ideas of the City Council . 2 . The last Planning Department goal involves my association with the City Engineer, Finance Director and City Attorney in researching the available government funding programs that could help fund Urban Renewal projects , Central Business Districts plans ( Downtown area) and Capital Improvements Programs . The new Economic Development Corporation program director should be familiar with all aspects of Municipal assistance programs and could benefit the city's efforts in qualifying for these government grants . The Comprehensive Plan, as mentioned above, would also be beneficial in acquiring these grants . In conclusion, I would like for the City Council , the Planning and Zoning Commission and the Economic Development Corporation to understand that the Code Enforcement Department is very intent on improving the inspection procedures and cost factors associated with new development . cc: Paul D. Beaver, Director of Planning & Engineering Steve Dieter, City Attorney Brady Snellgrove, Finance Director MEMORANDUM • TO : Steve Norwood, City Manager FROM: Rick Herzberger, Building OfficialEk DATE: April 2, 1992 SUBJECT : CIAC Report April 14, 1992 Agenda Please review this final CIAC and Staff Report on the Impact Fee Program and place on the April 14, 1992 City Council Agenda. This report is required by the LGC 395 provisions relating to proper implementation of the Capital Improvements Plan. With your permission, I would like to present a brief ( 10 minute) verbal report on the overall Impact Fee Program from 1984 - present, as I feel this review will improve the City Council ' s understanding of the program. In addition and at your request, I am also including a comparative Impact Fee Analysis Report of some area cities. This report was conducted by the City of Allen' s Engineering Department, as they prepared to adopt the Impact Fee Program, and includes some general development cost comparisons. Also, I assume this report should be addressed in the Council Agenda as a review item, then as an approval item, as the CIAC meeting reflected the same procedure. • I MEMORANDUM TO: Mayor and City Council FROM: Rick Herzberger , Building Official ?r DATE: April 2, 1992 SUBJECT: Capital Improvements Advisory Committee (CIAC) Semi -annual report on the progress of the Impact Fee Program Attachments : CIAC minutes, Fund Report, and Impact Fee Analysis Report The Capital Improvements Advisory Committee has met on January 20, February 17, and March 3, 1992 in order to comply with the Local Government Code 395. 058 requirements for filing semi-annual reports to the City Council on the progress of the Capital Improvements Plan. The Committee voted to submit the following report : 1 ) Recommendation to continue the current Impact Fee of $1 , 100. 00 as adopted by the City Council on June 26, 1990. 2) Submit the minutes of the three 1992 meetings in order for the Council to recognize the main issues that were addressed. ( I have included the December 3, 1990 and June 17, 1991 meetings in order to complete the report) . I would like to list some of the progress made and issues addressed since June 17, 1991 by both the City Staff and - the CIAC: Legality of $1 , 100 Impact Fee implementation on July 1 , 1991. Discussion items with Freeman-Millican, the CIP Engineers. Expenditure of Impact Fee Fund ; City Attorney flow chart and related questions. Impact Fee and new construction at old sites. Improvements on the 10 Year Water and Wastewater Maps. • 15 Impact Fee Fund improvements. Development of the Impact Fee Program notebook - distributed to Staff and the CIAC. Time of Impact Fee collection and assessment. Growth Chart vs. Impact Fee 1984-1992. Immediate infrastructure needs of the City per CIP. Building permit decline vs. Impact Fee and other contributing factors. Subdivision Ordinance requirements in relation to the Impact Fees. City of Allen' s Impact Fee Analysis of 7 area cities - Wylie included. Various legal questions to City Attorney concerning the Impact Fee Fund and Lift Station Districts. The need for other Capital Improvement Plans to augment the Impact Fee Program. As Impact Fee Administrator my main concern has been to properly address the LGC 395 requirements relating to the Impact Fee Program, while also trying to balance the concerns of the construction industry and the needs of the City. I would like to report to you that I feel the C1AC and the City Staff have performed all the duties and responsibilities mandated by City Ordinance, and I recommend that you accept this submitted report. ,Tv 1`j aO The next CIAC semi -annual meetings will be July 0, 1992 and January 18, 1993. The LGC mandated requirement for the January 18, 1993 meeting will be to review the updated Land Use Assumptions, Capital Improvements Plan, and related Impact Fees and then make recommendations for amendment changes or fo`r the continuance of the existing Impact Fee Program. In conclusion, the City Staff as well as the CIAC Chairman will be available to answer any questions concerning this comprehensive semi -annual report. MEMORANDUM • TO: PLANNING AND ZONING COMMISSION FROM: PLANNING AND ENGINEERING DATE: APRIL 20 , 1992 SUBJECT: WORKSHOP , FUTURE PLANS FOR PLANNING AND ZONING. This outline is being submitted to you for review, as Planning and Engineering deems it necessary to update the Comprehensive Zoning Ordinance, the Subdivision Ordinance and to establish a Comprehensive Planning Policy . I . Future Plans : A. Planning and Engineering will make an effort to prepare a workshop for each Planning and Zoning meeting. The purpose is three fold: 1 . ) Complete a Comprehensive Zoning Ordinance revision - all information and changes to the zoning regulations will be compiled into one amendment proposal for submittal to the City Council . The zoning districts and uses will be examined after a professional land use to zone map comparison is completed, and the approved results will be submitted to the City Council in conjunction with the regulation changes . 2 . ) The subdivision Ordinance will be submitted for Planning and Zoning review by the City Engineer, after a complete study of the ordinance is conducted, with completion date to coincide with the Zoning Ordinance revision. 3 . ) Education of the commission members on purpose and aspects of a Comprehensive Plan as applied to the City of Wylie. The components of a Comprehensive Plan will then be formatted in order to submit a concept approval recommendatioq to the City Council . B. Prepare a time of completion and professional assistance cost estimate on the three projects mentioned above. Organize this data before the next budget year (10/92 - 10/93) in order to submit to the City Council a Planning and Zoning Annual Work Program. f/ II . Zoning Ordinance, Revisions, Clarification, and additions . A. The following regulations need attention: 1 . ) Residential Parking regulations - Two covered and enclosed parking space requirement in each district plus Section 23 . 3 ( 9) . Need comparison to Subdivision Ordinance and clarify the Residential Parking Requirements . Also, clarify section 32 . 66 . 2 . ) Specific Use Permits - Legal study and clarification of administrative procedures . 3 . ) Examine possible changes to setback requirements (yard size) to permit land use flexibility on all new developments . 4 . ) Special and additional Regulations - Section 24 - additions of any performance standards such as home occupations . B . The following districts and uses need attention: 1 . ) Need definite flood plain (FP) district on zoning map. 2 . ) Study and compare outside sales and "where" limited - Retail • vs . B-1 district . Evaluate the concepts of adding a Central Business District , Neighborhood District , or an Industrial 2 district . 3 . ) Comparative analysis of existing land use s . zoning map, then use this comparison to evaluate each districts allowed uses . ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING PROCEDURES AND REQUIREMENTS FOR SITE PLAN REVIEW, AMENDING EXITING BUILDING SITE REQUIREMENTS; REPEALING SECTION 29 OF THE CITY OF WYLIE ZONING ORDINANCE AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABLILITY 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 consistant 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. 2. That Section 29 of the Wylie Zoning Ordinance, as codified in Section 1 of Chapter 12 of the Wylie City Code shall read as follows : SECTION 29 CREATION OF BUILDING SITE Section 29. 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, 16 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. 3. That the following new section to be designated as Section 29A, be added to the Wylie Zoning Ordianance, as Codified in Section 1 of Chapter 12 of the Wylie City Code: SECTION 29A SITE PLAN REVIEW PROCEDURES AND REQUIREMENTS 29A. 1 PURPOSE **** type in text form proposed ordinance. . . 29A. 2 APPLICABILITY AND CONTINUING ON WITH 29A. 3 THRU 29A. 7 BZCTION 2B — BITE PLAN REVIEW 29. 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. 29. 2 APPLICABILITY 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-i , 8-2 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. 29. 3 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. 29. 4 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. 29. 5 EXEMPTION AND EXCEPTIONS 1 ) 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 . 2) The Planning & Zoning Commission may, at the request of the applicant, waive any of the various requirements of maps and submissions hereinafter set forth. 29. 6 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. 29. 7 SUPPLEMENTAL REQUIREMENTS 1 ) 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. 2) 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. 3) 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. 29. 8 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. In cases 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. 29. 9 EFFECT OF SITE PLAN APPROVAL 1 ) 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. 2) 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 transimitted to the City Council within ten days follwing such denial . " 4. All other ordinances of the City of Wylie which are in conflict herewith are hereby repealed to the extent nessary 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 invaaid the same shall not affect the validity of this ordinance as a whole or any part or provisions thereof, other than the part or poats as declared to be invalid, illegal , or unconsititutional . 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 dayk of June, 1992. By John W. Akin Mayor Attest : Carolyn Jones City Secretary Approved as to Form: Steven P. Deiter City Attorney a5 PRELIMINARY STAFF ASSESSMENT OF DOWNTOWN AREA "ZONING IN ACCORDANCE WITH A COMPREHENSIVE PLAN" By Rick Herzberger I . Reasons For Needed Changes: A. Increase in occupancy changes - 6/91 to present, 12 occupancy applications ( 1 every month) . Very difficult to adopt the B-2 uses to the building arrangements and still stay compatible with the Building and Fire Codes. B. The downtown area (east and west sides of Ballard Ave. from Jefferson St. south to Butler St. ) . Consists of older structures with unknown fire protection requirements, electric service loads, and plumbing arrangements that warrants the need to restrict the type of uses allowed. Also, provisions for adequate light and air have already been reduced due to no building separations. C. Provisions for transportation and non-congestion in the streets have also been reduced due to the character of the downtown area. Reduced parking conflicts with the Zoning Ordinance. Note: The above evaluations are all reflective of cities that have designated downtown areas. D. The 1980 Comprehensive Plan Report, adopted June 1981, mentions the following main criteria needed to comply with the above title statement (downtown area in this report is south of Brown St. and north of Butler St. between Jackson Ave. and First St. ) : 1 ) Preserve the integrity and character of the City' s downtown area. 2) Downtown area to be comprised of day to day services and specialty shops. 3) Minor expansion of retail services along Jackson and First Streets but with due consideration of existing quality homes as well as the need to improve the Jackson and First Streets to meet this expansion. 4) Due to the high expenditure and non-aesthetic displacement of many of the residential homes in this area, it is considered that principle retailing activities will be located on each side of Ballard. The only suggested retail expansion would be northward to Brown St. and east and west along Hwy. 78, south of the railroad. 5) Downtown parking use needs to be expanded to allow for proper vehicle circulation in order to maintain the integrity of the desired walk through traffic. 6) Suggestion to not allow any major commercial activities within this downtown area. 7) Improvements made on continuous basis to the streetscape, while maintaining private property in a standard acceptable to the community. 8) The Final Comprehensive Plan policy indicates various improvements such as a building front treatment plan, traffic signalization, removal of overhead utilities, and the creation of an effective downtown merchants association. E. Due to the continued effort by the Birmingham Land Board to secure some type of applicable zoning (4 unsuccessful attempts) . The north end of Jefferson St. zoning needs attention. 5th zone change application filed on May 20, 1992 for SF-3 - Retail . II . Existing Zone District (B-2) Compared to a More Restricted Zoning (Retail ) - Semi-cumulative Zoning Ordinance (Wylie) A. Business District-2 (B-2) 1 ) Definition - A use which requires considerable space for display, sales or open storage, or by the nature of the use, is not compatible with uses in the B-i district or Retail District. B-2 Zoning is intended to allow uses which are not generally carried on within a building or structure with an` expanded range of services and repair uses. 2) District uses - All uses in Retail and B-1 district with an additional 26 uses plus one additional specific use. Total combined allowed uses is 94. 3) Comprehensive Plan designates this district to be a buffer between B-i and Industrial Zoning Districts. B. Retail District (R) 1 ) Definition - Designed to permit a compatible relationship between the retail development and adjacent residential areas. This district is intended for neighborhood shopping facilities which provide limited business service and office facilities predominantly for the convenience of residents of the community. 2) District uses - Retail only with 53 uses and 8 specific uses. 3) Comprehensive Plan designates this district to have no outside sales except an occasional sidewalk sale. Also, uses in this district cannot be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance. This district is intended to be a buffer between Commercial /Retail uses and residential uses. C. Land use comparisons to Zoning (amount of non- conforming uses) . 1 ) B-2 Zoning - Johnston' s Building and 10 SF residences. 2) Retail Zoning (proposed) - Johnston Bldg. , one second hand clothes store, Northside Grocery with gas sales (questionable due to no use definition) , Feed Store and 10 SF residences. If Retail Zone extended to Brown, 14 additional SF residences. 3) B-2 Zoning District uses that could pose a potential fire or health hazard due to the particular downtown building arrangements and adjacent Residential area: - Service Station or Lube Center - Feed Store - Auto, Glass or Muffler Shop - Auto Sales or Motorcycle Sales Lot - Pest Control Business - Utility Shop - Animal Clinic or Kennel with outside runs - Tool & Trailer Rental (outside storage) - Auto Painting or Body Shop - Mobile Home Sales - Truck Parking Lot - Dry Cleaning Plant - Engine or Motor Repair - Machine or Welding Shop - Contractor Yard (plumbing, heating and a/c) - Bowling Alley - Mini Warehouse - Animal Pound - public or private (specific use) - Machinery Sales - Plant Nursery or Greenhouse III . Zoning Alternatives to the Comparison Made in Downtown Area Outline All (existing Zoning Districts as well as new district concepts) . A. Professional Office District - Ordained on June 26, 1990. 1 ) Use this district to define areas with very limited retail uses ( 10 uses total ) . Wylie ordinance is very vague and non-applicable to any one area in the City, without becoming subject to spot zoning. This district use can only be applied to the Wylie downtown area pending B-2 to Retail Zone amendment. 2) Three other area cities surveyed, per Professional Office District, describe the intent of this district as established primarily for professional , management, research and other similar offices outside of a Central Business district, in both the intermediate and outlying areas. These "office" districts may not create excessive traffic or noise and can be located next to residential areas if properly buffered. Plano, Rockwall and Forney have used these districts to apply to older residential neighborhoods, adjacent to Retail Districts, Which are experiencing a slow transition period from Residential to Retail (example: older home renovated to office space) . All surveyed cities have very detailed requirements for this district and statements that the Comprehensive Plan must be followed. B. Central Business District (CBD) 1 ) This type of district could apply to the` Wylie downtown area as described in the 1980 Comprehensive Plan, excluding Jefferson St. north to Brown St. The Birmingham House could be zoned as CBD if a Comprehensive Zoning Map amendment was approved. Even a Professional Office District use for the Birmingham House would be appropriate as a planned buffer between a restrictive Retail District (CBD) and a Residential area. 2) A properly planned BD would be designed to accommodate the existing Business District in the central area of Wylie, described as the downtown area in the Comprehensive Plan. Provisions are also established to protect the unique character and space limitations in • 3 � this zone. Most Retail uses are allowed with exceptions for limited off-street parking and high floor area ratios. Provisions for sidewalk sales and street dances, as well as remodeling attempts are also included in this district. Very applicable to Wylie, but the Zoning Ordinance must be amended to allow this district. Suggestion to wait on Comprehensive Plan 1992-1993. IV. Suggested Plan for Downtown Area in Lieu of the Above Observations. A. Zone according to the existing Comprehensive Plan which requires some type of limited Retail District. A new Central Business District concept could be induced into the forthcoming Comprehensive Plan or this district could be added much the same as the Professional Office District was established in 1990, without waiting on the 1992-1993 Comprehensive Plan. In addition, the buffer area for CBD to Residential could be the Professional Office District, as this would accommodate the Birmingham House. If the Professional Office District is used, I suggest amending this Ordinance to provide for a more detailed district description. B. Due to the recent history of at least a 20% protest of the applicable property owners concerning the downtown Retail /Commercial expansion, I suggest a moratorium on future downtown zoning applications. This brief moratorium can only be imposed by the City Council as a legislative body decision to allow the P & Z to conduct a comprehensive research of the appropriate downtown zoning district. This would not deny the Birmingham Land Board any constitutional right, since the hardship or special condition was created by the Board and not by the City' s Comprehensive Zoning Plan Ordinance or Zoning Map. As mentioned before, in all four zoning attempts, the Birmingham Land Board should have initiated a zone change before remodeling the house to accommodate a Retail Use not reflected in the existing SF-3 Zoning District. 3 ( LiJiacco.,A 5� 1�o �1.. %1.a c - N za-d -0 a a s ass 9 •o-t- 5 - S a-1 O6 01"J\," ‘..3 - _ea 0 }- va 6-V AGENDA COMMUNICATION TO: PLANNING AND ZONING COMMISSION FROM: Planning and Engineering - Rick Herzberger DATE: July 1, 1992 SUBJECT: ZONING CASE NUMBER SF-R-01 DATE APPLICATION FILED: May 20, 1992 DATE OF ZONING COMMISSION HEARING: June 15, 1992 (no quorum), July 6, 1992 AFFECTED PROPERTY OWNERS ( AS OF AGENDA POSTING ) ( 8 ) IN FAVOR OF ZONING ( 4 ) IN OPPOSITION 17 letters mailed. APPLICANT: Bill Lewis OWNER: F.O. Birmingham Memorial Land Trust Mailing address: Box 546 Wylie, Texas 75098 REQUESTED ZONING: Retail (R) EXISTING ZONING: Single Family 3 (SF3) LOCATION OF REQUEST: Block 3, Lots 13,14,15 301 N. Ballard **** SEE MAP **** ADJACENT ZONING AND LAND USES: Business 2 (B2) , Single Family 3 (SF3) HISTORY: See attached History as researched and evaluated by Rick Herzberger. PLANNING Si ENGINEERING COMMENTS: Staff recommends approval of this zone change for the following reasons: (1) Conformance with the Comprehensive Plan. (2) Compatibilitiy with the surrounding land uses and zoning - intent of Retail district is to permit a compatible relationship between the retail development and adjacent residential areas. (3) The proposed use does not appear to pose a 3 PLANNING AND ENGINEERING COMMENTS CONTINUED: _ • threat to the health. safety. morals or general welfare, nr to the prPRPrvntion of historical or cultural places. (4) On May 26. 1997, the City Cnunril a„th_ orized the Planning and Zoning. Commission to consider a Central Ruainesa niatr1ct (CBD) zoning concept to be applied to the downtown area. as _dparrihe' in the Comprehensive Plan ( South of Brown Street and North of Butler Street. hetwePn Jackson Ave. and First Street.) The CBD is intended to recongnize all uePR and structures in this area and provide for a compatible mixed hAP znning 'Harriet, This proposed zone change: SF3 to Retail will be consistent with the CRn rnnrept. PLANNINO & ZONING RECOMMENDATION: 3. P - B -- 1 r. � : • S F _ .- 3 k& sr �c 86 --53 Rem, t zcn,-q 73 BASININM 1 ' . 85 --22 • r:--—-"'-— ! ..k, 7-1 1 o i I l-Nig r~ -___I 1%n _ F , PA --i _I'A 1. ' S ;-- -- -�ecr - --erg --� i Ili=341.4 ____I ' — SP' ill _f_ ___ __ . . i ___I L.,_ 1___, • ' 11-1 ! J I r �. 1 : : --J I--- i L ., S v ,' - �-- - --I --- ._ 8 .or p II I • e:: 11r-- -1 —._ :fir_ :, ,".f I !llilllli : I is i : Osf Ki ': i I ll lillaailLial Mil 6 III __II—, ! vil -r�'«+tr�p Fi: .: - M' , ,g, f r----� ----i —1 -- ,$ ---N 74411-Ittl-- rri; ems - rI ' iti'l` —_ , t 1 t' !_ , t . .._ _'.1 vtoak 'N''‘...... R , . F 3 7 7 17 i i R - e, aino1 ,•l w1�� R 83 � 1 8 8 —1 6 ► : f • 86-19-- . ,,, - 4. R84 -20 R R ,,, ..,, ,..,• B _2 74 11 84 -61 ..-i, 85- 110 R `'.�i, t B - i 8 3 --12 3`iit • 7.4 5'0, - — 1 Uv P � ' 20 �;.73 2~Eya ~ 14 2 24! y (/ 571r' 155.5' 0 2C I I ~ 145 I I " �• 0 2 A ' , v 1 1' i •• i . J4 4;72 -t:• .1. • • -- -1 I �,` ••10.1 I A rn �' ti''. , 1' i Ito' • hTr a' Is3.3e' 1e • 1 if J.C. KI L T M 1932' 1 90 70 I 12s r 2�E� AC, • 0 74 33 19 0 58.11 L4 ,96' 2 39 m O I �1.1 `i _.,.,,n, to _ BIL I o O 32 to KFCYMF "`� N ; _ , 1675 ' 117' ? T, AC to S8 5 125 j�—; 70 '')1//f VS>i ,I 17 a ,n 10 I 10 88 30 16 ` y 2 2 —S7 150 so . 0I2 1 15 - e ,.ft O 3 © 3 37 2. 14 : : 7lf 4 4 . 1 ! I Ai: 1 -f�4r S I�G 5 125 5 °JEFFERSION ° STREET ° 1••• 101, 0 26 • ._._ 12 :� i I t W o • 84 36 ry . D _ 11 - ! to ¢ W t� . 0 — _.., • W '' 9. 1 0 2 W ` 24 - e 3 N•' • 145' • W 7 W ' '� 31 ao 23 o F Q _ 7 to _0 • to 4 r� toe' MARBLE P. STREET ti 99 125' t25' r, yi 34 321 �' 70' fe ,R II I -rn 70' 270 EU IC I r 15 1 i4 2 in to Z ,• I6 2 a; ;' •a _ 1_- 34 �� 9 3 Zti �7 �6 A w; 13 4 1 6 v. �� 'n I I _9 F� 129 T _ 125.O' — r r' OAK 125 I . STREg T '0 p 12 • 1 A • 2 1 P• _�; � I; � I I 2 --- 3 � _ ___ _ 2 Wnt I z 4 4 ;< / 18 3 _.. ..14_ _13 4 Q 'k io• t• t HISTORY OF REZONING ATTEMPTS - LOTS 13 , 14 , 15 BLOCK 3 OF THE BROWN AND BURNS ADDITION - BIRMiNGHAM HOUSE . I . SF-3 - B-1 3/19/90 Planning f Inning from SF-3 to B-1 , 1) 21 letters mai1e - 9 returned with 2 in favor, 6 against . 2) Major comments / action: Bill Lewis stated he knew zoning was SF but land board purchased property anyway - middle of lawsuit . Main question is why land board did not ask for rezoning before remodeling . Denial by vote , 4 to 2 denial . 3/27/90 Council Public Hearing from SF-3 - B-1 1) Major comments / action = No place for land board to meet , wedding receptions and neighbor impact , board should have went for zoning first , home occupation definition will not allow meeting unless family living is evident . Mr . Akin said to respect Planning & Zoning work and that waiting 14 months for rezoning is the key , but beautiful landmark . Hearing closed. Mr . Akin made a motion to follow Planning & Zoning , Mr . Naish said go to Planning & Inning to study retail . All six in favor of denying zoning request . NOTE: Mayor Trimble exempted himself from the discussion and vote due to conflict of interest (Chairman of Land Board) . LGC Chapter 171 . II . SF-3 - Retail • 4-16-90 Planning & Zoning hearing on rezoning from SF-3 to Retail . 1) 21 letters mailed - 11 returned with 4 in favor and 7 against . 2) Major comments / action: Basically same as previous , with Spillyards and Woods exchanging on what is the Land Boards intention if someone offers to purchase -? What use do the children receive? ( Rita Smith) . Motion made to table zoning request until Planning and Zoning can research Professional Office Use. All in favor . 5/21/90 Planning & Zoning discussion on Professional Office "usage" . Brief mention of specific uses , but not on final ordinance for "0" District . 3Q4 6/4/90 Planning and Zoning Hearing for amending Zoning Ordinance - adding a now district . Passed with all in favor . III . Professional Office : 6/26/90 Ricks Herzberger ' s comments : The City Council minutes reflect a new "professional use" instead of a "professional district" being acted on, with this "use" being placed under Section 16 Retail District . Correction was made by a properly worded Ordinance establishing the "0" district - Ordinance 90-8 . iV. SF-3 to Specific Use - Professional Office_ 7/16/90_ Planning & Zoning Public Hearing on SF-3 to Specific Use (professional office) . 1) 22 letters mailed - 14 returned with 9 in favor and 5 against . 2) Major comments / action - "Rick Herzberger' s comments - Bill Lewis requested specific use. This action item should never have been introduced since the zoning ordinance has no provisions what so ever for an office use in the SF-3 specific use category _ a lot of wasted time ! The ordinance wo„id have to be amended first , adding this use, then coming back for specific use permit . General discussion on why not use the recently ordained "0" district , plus still concerned over neighbors who protested. Motion made for 12 month specific use with out Council intervention. Motion passed 5 to 1 . `^ 7/24/90_ City Council Public Hearing on specific use (office) 1) Major comments / action: Mayor Akin excused himself from meeting due to conflict of interest . Motion by Mr . Wright to table until Council has had a chance to talk with everyone involved. Motion carried, all in favor . 7/30/90 City Council 2nd Public Hearing on special use (office) 1) Major comments / action: 4 spoke against and 9 spoke in favor of specific use. Motion made to deny specific use, with all in favor. 37 6 V. SF-3 to "0" - Professional Office- 9/17/90 Planning and Zoning Public Hearing on SF-3 to "0" professional office. 1) Major comments / action: Still concerned about neighbors apposing this change , and must not consider politics , only best use of land. Again, why didn' t Land Board seek zone change before remodeling? Motion to approve recommendation to change zoning to Professional use . 4 to 3 in favor . 21 letters mailed, 17 returned with 12 in favor and 5 against . 9/25/90 City Council Public Hearing on SF-3 to "0" professional office. 1) Major comments / action: Mayor Akin excused himself from vote due to conflict of interest . Motion to deny zoning carried 5 to 1 .