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08-20-1990 (Planning & Zoning) Agenda Packet DATE POSTED 8-17-90 TIME POSTED 8:00 A.M. AGENDA REGULAR MEETING PLANNING AND ZONING COMMISSION CITY OF WYLIE , TEXAS MONDAY , AUGUST 20, 1990 7:00 P . M . COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 City Secretary to administer Oath of Office j to newly appointed member 2 1 - 3 Consider approval of minutes of the August 6 , 7 1990 meeting 3 4 - 6 Consider recommendation for approval to City Council of Preliminary/Final Plat of Lots 1 , 2 , & 3 of Black Oaks Estates known as th Thomas Chamber Survey , Abstract 1049 , being a part of a 23 .203 acre tract of land as described & recorded in Vol . 614 , Pg . 537 .< 4 7 - 11 Discussion of Rear Yard set back requirements in Residential Districts in current Zoning Ordinance4 5 Discussion 6 Adjourn \, TO: PLANNING AND ZONING COMMISSION FROM: ED RICHIE , DIRECTOR OF COMMUNITY DEVELOPMENT & PLANNING SUBJECT: PROFESSIONAL OFFICE , "0" , DISTRICT DATE: AUGUST 16 , 1990 Please find enclosed a copy of the ordinance as passed . ORDI/LCI SO. AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 85-23A ZONING ORDINANCE BY ADDING A NEW USAGE UNDER SECTION 16 PROFESSIONAL OFFICE; PROVIDING FOR SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.88) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT: SECTION 1 Ordinance 85-23A is hereby amended by the following actions that Section 16 becomes Section 17 and all succeeding subsections are re-numbered accordingly. SECTION 2 There is hereby created a new Section 16 to read $ as follows: SECTION 16 "0" PROFESSIONAL OFFICE General purpose and description - The "0" district is intended for Professional Offices creating a low impact on the surrounding area. SECTION 16.1 USE REGULATIONS: A building or premises may be used only for the following purposes: 1. Administrative offices - for public or semi- public, civic, religious or charitable organizations 2 . Architect offices 3. Bookkeeping or Accounting 4. Engineering (office only) • 5. Lawyer 7. Church, Synegogue or Rectory 8. School public or private 9. Electric Transmission lines and sub stations 10. Licensed Interior Designer SECTION 16.1 HEIGHT REGULATIONS No building shall g{} exceed Fifty (50) feet, except cooling towers, roof gables, chimneys, vent stacks or mechanical equipment rooms may project, not to exceed twelve (12) feet beyond maximum building height • 0 I4C SECTION 16.3 AREA REGULATIONS 1 . Size of Yards: a. Front Yard: Minimum required setback, twenty- five (25) feet measured from front property line. Accessory buildings shall have a sixty (60) foot front yard. b. Side Yard: (Adjacent to a street or different use property line) ; minimum required, ten (l0) feet. c. Rear Yard: A dedicated alley or private drive shall be required behind each lot or tract and the minimum rear yard setback shall be twenty (20) feet for any building or structure. When an alley is not required, a masonry or wood wall of a minimum height of six (6) fete shall be constructed adjacent to the rear property line to provide a barrier between the adjoining use. d. Special Side or Rear Yard Requirement: When a non-residential zoned lot or tract abuts upon a zoning district boundary line dividing the lot or tract from a residentially zoned lot or tract, a minimum side yard of ten (10) feet shall be provided on the non-residential property. A masonry or wood wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on the non-residential property adjacent to the common side (or rear) property line. 2 . Size Of Lot: a. Lot Area: None b. Lot Width: None c. Lot Depth: None 3. Lot Coverage: In no case shall more than forty-five percent (45%) of the lot area be covered by buildings. pi.Ir::ing and loading shall be provided set forth in Section 23 SECTION 3 The new Section 17-1 is amended to read as follows: A building or premise shall be used only for the following purposes: 1 . Any use permitted in an "0" district and the balance of the section to be re-numbered, so that the numbers run in chronological order. PENALTY FOR VIOLATIONS: Any person or corporation violating any of the provisions of this ordinance, shall upon conviction, be fined an amount not to exceed the maximum established by State law,and each and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for the right is hereby conferred and extended upon any property owner owning property in any district , where such roy e affected or invaded, by a violation ofnthe®terms of the ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners. VALIDITY: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional , by a court of competent jurisdiction, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . PUBLICATION: The caption of this ordinance shall be published one time in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS ON THIS THE , 19 90. DAY OF John W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary t 1(7 4 i ' PLANNING AND ZONING MEETING MINUTES AUGUST 6, 1990 ' The City of Wylie Planning and Zoning Commission met in regular session at 7: 00 p. m. on Monday, August 6, 1990 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Bart Peddicord, Vice Chairman Cecelia Wood, Richard Eckman, new member Robert Flint and new member Kent Crane. Staff members present were Code Enforcement Officer Ed Richie and Secretary Sandy Stevens. CITY SECRETARY TO ADMINISTER OATH OF OFFICE TO NEWLY / APPOINTED MEMBERS. City Secretary Carolyn Jones administered the Oath of Office to new members Robert Flint and Kent Crane. New member Cleo Adams was not present due to recent knee surgery. Chairman Peddicord welcomed the new members to the Commission. CONSIDER APPROVAL OF JULY 16x 1990 MINUTES. There being no corrections to the minutes, Vice Chairman Cecelia Wood made a motion to accept the minutes as they stand. Richard Eckman seconded the motion. Motion carried with all in favor. ` \\ GENERAL DISCUSSION. Chairman Peddicord reminded the ' Board, that being the Advisory Commitee to the City council , they need to continually remember the Ordinance for Impact Fees for Land Use. Code Enforcement Officer Ed Richie asked how the Board wanted him to handle requests from builders and developers about changing ordinances. An example is a request recently, by two builders to adjust the rear yard set back requirement, due to people now building larger homes than in the past and 25' is too much. Mr . Richie stated a need to review the Zoning and Subdivision ordinances in order to make changes that would update them. He suggested starting with the Sign ordinance and Landscape ordinance. The Board agreed the Landscape ordinance should be simple. Chairman Peddicord said he would give a copy to the Chamber of Commerce Board and Economic Development Board. It was decided that the Landscape ordinance handed out by Mr. Richie would be reviewed by all members and discussed in a couple weeks. Ice w. . - �e � \ \ ` � \` � 0/ ' ' attending a mandated meeting in Grand Prairie in August as the representative to set forth a program for next year. Mr. Richie stated that a Comprehensive Plan, with updated thoroughfares and housing projections, for the city is needed. It was discussed that the Planning & Zoning Commission also needs an updated version of the Land use changes approximately every six months. In reference to the 25' rear set back, Mr. Kent Crane commented that that ordinance was written when Wylie was making the change from a small town to a growing community and people were concerned about small lots so this was to provide more space between houses. Vice Chairman Wood asked if there still is an ordinance providing for rear entry garages. Mr. Crane stated the ordinance was adopted in 1986 for rear entry garages unless something prevented an alley access in the back. Mr. Richie told the Board that the City Council has agreed to pay the Board members' expenses to attend a four day (October 3 - 6) seminar in F W being held by the Texas Chapter of American Association. He added that it would cover updating comprehensive plans, landscape ordinances, updating zoning ordinances, an introduction to zoning, politics of planning, thoroughfare planning, annexation of ETJ' s and a course on the developer' s perspective. It was discussed whether the city would require ETJ' s to submit to all of Wylie' s development regulations or not . The Board decided to discuss it at the next meeting. Ranchette type zoning was discussed because Mr. Crane commented that this is an important part of Wylie and what brought alot of people to Wylie' It was agreed to review the subdivision ordinances and make them more applicable to larger lots. Vice 4C-Int ni'rman Wood welcomed Kent Crane to the Board, saying he w e a real asset to the board since he can explain why certain things are done. She also welcomed Robert Flint , adding that anyone wearing a tie to the first meeting would have to be an asset. Richard Eckman welcomed the new members. He thanked Ed Richie for following up on the Espinoza case and getting him to move his trailer from F. M. 544 at his sand and gravel storage site. forward to gettino _ ~ Robert Flint also said he is looking forward to getting involved and will be doing research to be better informed. Code Enforcement Ed Richie welcomed phone calls during the week for any questions and offered an invitation for members to come to his office to learn what' s going on in the department. ADJOURN. Mr. Crane made a motion for the meeting to adjourn. Mr. Flint seconded the motion. Motion carried with all in favor. Bart Feddicord, Chairman Respectfully submitted, Sandy Stevens, Secertary • TO: PLANNING AND ZONING COMMISSION FROM: ED RICHIE , DIRECTOR OF COMMUNITY DEVELOPMENT & PLANNING SUBJECT: PRELIMINARY/FINAL PLAT FOR BLACK OAKS ESTATES DATE: AUGUST 20 , 1990 This property is located on the Branch Peninsula across Lake Lavon from Wylie . It does fall within the City 's 1 mile E .T .J . Water is provided by the local water district and sewer will be by septic systems . The old question is should we require street improvements as per our subdivision specifications in the E .T .J . . , .?: =C 'N/NGof \ S 88'0/'27"E 603./7' `\\ County Rood No. 740 f \ Fad d S Gov't •!O' ROADWAY DEO/CAT/ON /l7,169 So Ft/ ~ Monunynl of /1.5/' � —.F4 uS Gor'I PRO 68' /9263' /66/7' ; +r Menu/nonI oI -:'.y 43 53' S m go N ~ ' Q N -o LOT / LOT 2 LOT 3 Poi , Q /.00 ACRE /.592 ACRES /.00 ACRE M 0 R -2. /43,560 Sp FI/ .1 (69,331 SO fI./ It /IJ,360 Sp AI/ } 1, �' 1/4-15 P a. N U 22 N O \ 6 • . •jiG/ P o 5 P LOCK A �i h • N. o tft v. ‘Iiiiik 434 \ I h 2 „ /59.65' \�_�_ 36079' "E 1 N 88 0/'27"w 500.44' 0 P� Ab TE 5/8" IRONS SET AT Att. .1 [Or CORNERS SHOWN A. _.. '-g -, - '--- - q . LI k 1. 1---:# 0— 7-. 0 ,' _ 0., \ _ , ," L r —.' '-; , I i 's, '1', 'I,11 ft)ilifilkill :1 alb -it - 0 .. ,. 2,, / . .. 1 Ild ii • 2, _ 1 , ,I i .. .,, • c� firszaini",,N �(} 3 iiii s ``'---------:-,'----401r,-- 0: Ilk. 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'..31.41,k- .i,,;:•;:. { ti �i n p © �, 7—"111111* © � 0 ...,,i‘ ' i f 1 / -tee'.IP.49' 0 ' ir . 1 0 11 4- ' _,,r _ _ ., o„ ,:i.,,,,,,,:,::,,,,,,_;-,.:.,,,,, ,,, ,\, i ., <„ ,:,,... s,„4,: (, ,... , ,,,,, , _ f 1 w . *.,),0„, 1 , ik y)_,4,,,y:liillISO ; , 1 ji _ - ...1 Op .:: ,,iak, 14 ice t- 1 '� .1 4 ,t.. p, • 'w`.' (V ' X. --E111 I .5 At ‘ .. . . I J i mk). ti` f� . ) \ t �. _I•J ., F' '1 .i� Wit: (•\ Ibl.. ^ 't 1 A. rt 0, 'r , A , . ,,,,-v,.. . -':,1,'-' ri /' ,a sr r '1 l Ia. 'A i l 4. i° I t j� A r R (() I 11_. TO: PLANNING AND ZONING FROM: ED RICHIE SUBJECT: REAR YARD REQUIREMENTS FOR RESIDENCES I have been contacted by two builders in regard to a review of our 25 ' rear yard requirement . The following is a synopsis of our ordinance requirements and other area communities . WYLIE "SFA" - Section 8 .2-1 .c . REAR YARD: Twenty-five ( 25 ) feet , for main structure and ten ( 10 ) feet for accessory buildings . "SF-1 " - Section 9 .2-1 .c . REAR YARD: There shall be a rear yard , a depth of not less than twenty-five ( 25 ) feet .:I Minimum rear yard for accessory buildings shall be not less than ten ( 10 ) feet from the property line . "SF-2" - Section 10 .3-1 .c . ( Same as "SF-1 " ) "SF-3" - Section 11 .3-1 .c . ( Same as "SF-1 " ) "2F " - Section 12 .3-1 .c . ( Same as "SF-1 " ) "SFA" - Section 13 .3-1 .c . There shall be a rear yard , a depth of not less than ten ( 10 ) feet ; however , a twenty ( 20 ) \I foot rear building line shall be observed for a structure , or portion of a structure , accommodating the required off street parking spaces when the structure or portion of a structure faces onto and has vehicular access from a dedicated or private alley . SPECIAL AND ADDITIONAL REGULATION: Section: 24 .4 REAR YARDS : The required rear yard shall be open and unobstructed from a point thirty ( 30 ) inches above the average elevation of the graded rear yard; except for accessory buildings as permitted herein . Eaves , covered porches and roof extensions without structural support in the rear yard may extend into the rear yard a distance not to exceed four ( 4 ) feet . Balconies shall not project into the required rear yard . ACCESSORY BUILDING REGULATIONS: Section: 25 .1 In a residence or apartment district , an accessory building is a subordinate building exceeding one hundred twenty ( 120 ) square feet of floor area , attached to or detached from the main building , without separate bath or kitchen facilities , not used for commercial purposes and not rented . Section 25 .4 . 1 .c . REAR YARD: There shall be a rear yard not less than ten ( 10 ) feet from any lot line , alley line or easement line . Carports , garages or other accessory buildings , located within the rear portion of a lot as heretofore described , shall not be located closer than fifteen ( 15 ) feet to the main building , nor nearer than six ( 6 ) feet to any side lot line . Section 25 .4 . 1 .d . Any garage constructed in a residential or apartment district shall be set back not less than twenty ( 20 ) feet from any street or alley line on which it faces . SPECIAL DEFINITIONS: Section 32 .1 ACCESSORY BUILDING: ( Residential ) A subordinate building detached from the main building and used for purposes customarily incidental to the residential occupancy of the main building and not involving the conduct of a business or the sale of a service . Accessory buildings include but are not limited to an automobile storage garage , laundry room , garden shelter , hobby room and mechanical room . Section 32 .98 YARD , REAR: An open , unoccupied space except for accessory buildings as herein permitted , extending across the rear of a lot from one side lot line to the other side lot line and having a depth between the building and the rear lot line as specified in the district in which the lot is situated . ROWLETT Article 12-2-240 ( Definitions ) YARD , REAR: An open , unoccupied space on a lot , except for accessory buildings , as herein permitted , extending across the rear of a lot from one side lot line to the other side lot line . Article 12-4 SINGLE FAMILY DWELLING Article 12-4-4-C . ( Note: Minimum lot size is forty thousand ( 40 ,000 ) square feet and minimum lot depth is two hundred forty feet ( 240 ' ) . ) There shall be a rear yard for a main building of not less than thirty feet ( 30 ' ) or twenty percent ( 20% ) of the depth of the lot , whichever is smaller . Unattached buildings of accessory use may be located in the rear yard of a main building . Article 12-5 R-1 SINGLE FAMILY DWELLING DISTRICT Section 12-5-4-c ( Note: Minimum lot size is ten thousand ( 10 ,000 ) square feet and minimum lot depth of one hundred ten feet ( 110 ' ) . ) There shall be a rear yard for a main building of not less than twenty feet ( 20 ' ) or twenty percent ( 20% ) , whichever amount is smaller . Article 12-6 R-2 SINGLE FAMILY DWELLING DISTRICT Section 12-6-4-c ( Note: Minimum lot size is nine thousand ( 9 ,000 ) square feet and minimum lot depth of one hundred ten feet ( 110 ' ) . ) There shall be a rear yard for a main building of not less than twenty feet ( 20 ' ) or twenty percent ( 20% ) , whichever amount is smaller . Article 12-7 R-3 SINGLE FAMILY DWELLING DISTRICT Section 12-7-4-c ( Note : Minimum lot size is eight thousand ( 8 ,000 ) square feet and minimum depth is one hundred ten feet ( 110 ' ) . ) There shall be a rear yard for a main building of not less than twenty feet ( 20 ' ) or twenty percent ( 20% ) , whichever amount is smaller . Article 12-22 GENERAL PROVISIONS APPLYING TO ALL OR TO SEVERAL DISTRICTS Section 12-22-3-A .7 . An attached or detached private garage which faces on a street or alley shall be located no closer than twenty feet ( 20 ' ) to the right of way line . PLANO Article 3 - SUPPLEMENTARY REGULATIONS 3-700 REAR YARD REGULATIONS 3-701 In all districts permitting residential structures except CB and CB-1 , no main residential building may be constructed nearer than 10 feet ( 10' ) to the rear property line , and the main residential building and all accessory buildings shall not cover more than 50 percent ( 50% ) of that portion of the lot lying to the rear of a line erected , joining the mid-point on one side lot line with the mid- point of the opposite side lot line . 3-702 Every part of a required rear yard shall be open and unobstructed to the sky from a point forty inches ( 40" ) above the ground level of the graded lot , except for permitted accessory buildings and the ordinary projections of window sills , belt courses , cornices , and roof overhangs and other architectural features projecting not to exceed four feet ( 4 ' ) into the required rear yard . A fence may be constructed on the property line adjacent to a rear yard . 3-705 There shall be a rear yard of not less than three feet (3 ' ) from any lot line , alley line , or easement line , except that if no alley exists the rear yard shall not be less than the ten feet ( 10 ' ) as measured from the rear lot line . If an accessory building is located less than ten feet ( 10 ' ) from a rear lot line , the height of the building shall be no greater than eight feet ( 8 ' ), and a solid fence or wall of the same height shall be built on the rear lot line to screen the building from property located to the rear . Carports , garages , or other accessory buildings , located behind the main building and constructed closer than fifteen feet ( 15 ' ) to the main building , shall have a rear yard equivalent to the rear yard requirement for the main building , except that a carport may be constructed not closer than three feet ( 3 ' ) to the rear lot line if there is an alley between that line and the lot to the rear . Garages arranged so as to be entered by a motor vehicle from ann alley or alley easement shall be set back from the rear lot _ lie or alley easement line a minimum distance of twenty feet ---' ( 20 ' ) . fD MESQUITE Article 21 .043 The rear yard shall be twenty percent ( 20% ) of the depth of the lot . ( Note : Minimum depth of the lot is one hundred ten feet ( 110 ' ) . ) For homes with rear entry: The greater distance of twenty five feet ( 25 ' ) or twenty percent ( 20% ) of the total lot depth shall be provided between the garage door and the property line . GARLAND Garland 's Ordinance is unique in that they have seven ( 7 ) Single Family Districts and eleven ( 11 ) Development Standards Sets which can be used in more than one district . A review shows that two ( 2 ) of the Development Sets require twenty five foot ( 25 ' ) rear yards and the remainder require only ten feet ( 10 ' ) .