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12-01-1998 (Planning & Zoning) Agenda Packet Planning z • ng Commission arv �wvwe R egular B usiness Meeting December 1 , 1998 AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 December 1, 1998 7:00 p.m. CALL TO ORDER CONSENT AGENDA 1. Consider and Act Upon Approval of the Minutes from the November 3 and November 17, 1998, Regular Business Meetings. PUBLIC HEARING ITEMS 1. ZC. No. 98-12: Hold a public hearing and consider a recommendation to the City Council regarding a request from Mike Douglas for FarmTex Inc., for approval of a of a zone change from A (Agricultural)to I (Industrial)for the property generally located at the northwest corner of SH 78 and Eubanks Lane, and being all of a certain .998 acre tract out of the Francisco De La Pina Survey, Abstract No 688, City of Wylie, Collin County, Texas. 2. ZC. No. 98-13: Hold a public hearing and consider a recommendation to the City Council regarding a request from Gary Defrain for Campbell Wylie Partners, for approval of a zone change from A (Agricultural)to PD (Planned Development)for single family, multifamily, business, and open space uses, for the property generally located at the northeast corner of McCreary Road and McMillan Road and being all of a certain 327.485 acre tract out of the John W. Mitchell Survey, Abstract No. 589 and the Lewis M. Marshall Survey, Collin County, Texas. 3. ZC. No. 98-15: Hold a public hearing and consider a recommendation to the City Council regarding a request from J.C. Worley, for approval of a zone change from A (Agricultural)to B-2 (Business)for the property generally located along the south side of SH 78 north of Wylie Ranch East Estates, and being all of Lot 6 of the Wylie Ranch Estates Commercial Park, according to the plat thereof recorded in Volume C, Page 8, plat records of Collin County, Texas. DISCUSSION ITEMS 1. Sidewalk regulations 2. Permitted uses in the 0 (Office), R(Retail), B-1 & B-2 (Business) and I (industrial) zoning districts. CITIZEN PARTICIPATION STAFF REPORTS ADJOURNMENT I Posted Wednesday,November 25, 1998, 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 CRY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 412-8170. City of Wylie Consent Agenda Item No. 1 Planning and Zoning Commission Regular Business Meeting: December 1, 1998 Consent Item No. 1 RE: Approval of the Minutes from the November 3, and November 17, 1998, Regular Business Meeting. 1. Consider approval of the Minutes from the November 3, and November 17, 1998, Regular Business Meeting. Please note any changes or additions which need to be made. MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting November 3, 1998 7:00 P.M. A quorum was present and a notice was posted in the time and manner required by law. Members Present: Staff Present: Steve Ahrens, Chairman Tobin E. Maples, Director of Planning Sharon Dowdy Carrie Smith, Secretary Eric Hogue, Vice Chairman Don Hughes Carter Porter Julie Schmader Cecilia Wood CALL TO ORDER The meeting was called to order at 7:00 P.M. by Chairman, Steve Ahrens. CONSENT AGENDA 1. Approval of October 6, 1998 Regular Business Meeting Minutes. • Corrections:None 2. A recommendation to the City Council regarding a Preliminary Plat the Southplace Estates Phase II addition,proposed by Ballpen Venture II, L.P., generally located along the east side of Taos Lane between Cloudcroft Drive and Silvercreek Drive and being all of a 1.9423 acre tract out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. 3. Consider a recommendation to the City Council regarding a Final Plat for the Wylie Assisted Living addition,proposed by Cascade Companies, L.L.C., generally located at the northeast corner of SH 78 and Eubanks Lane and being all of a certain 6.5 acre tract out of the Minutes-Planning and Zoning Commission June 1, 1998,Regular Business Meeting Page 1 Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas, and being a part of Lot 1, Block A, of Woodlake Village, an addition to the City of Wylie, as recorded in cabinet G, Page 386, of the Plat records of Collin County, Texas. Motion: A motion was made by Don Hughes, Seconded by Eric Hogue to approve the Consent Agenda. Motion Carried - all in favor (7). ACTION ITEMS 1. A recommendation to the City Council regarding a Final Plat for the Lakeside Estates Phase I addition,proposed by Carter and Burgess, Inc. for Vista Oaks Development, generally located along the north side of the railroad at the northwest corner of FM 544 and Springwell Parkway (Marshall Lane), and being all of a certain 39.529 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Tobin Maples update: This item has been tabled from October 6, 1998 meeting. The City needs copies of the off-site easement plans to put in our files. The applicant is aware and has agreed. The applicant has proposed a three foot high berm with shrubs and trees planted in clusters on 100' - 120' centers. This plan does comply with our Subdivision Regulations and Staff is recommending approval. Applicant: Matt Robinson, Carter&Burgess After meeting with Tobin Maples and Greg MacLean the developer has developed a three (3) foot berm and landscape, thirty-five foot wide, grass, with three to one slope. Home Owners Association will maintain the berm. The brown squares on the plat represent mock dams along the drainage. Steve Gee with Vista Oak Development, 1432 Greenway Drive. - There will be a four foot wrought iron fence along the park and common area. There is some concern with the ditch being sloped and grass. The berm will be built during the construction phase, before any homes are built. Motion: A motion was made by Sharon Dowdy, Seconded by Carter Porter to recommend approval to City Council, subject to copies of the off-site easements and agreement to fence around park area. Motion Carried - all in favor (7). Minutes-Planning and Zoning Commission June 1, 1998,Regular Business Meeting Page 2 2. A recommendation to the City Council regarding a Preliminary Plat for Southfield Estates, proposed by Southfork Development,Ltd.,generally located at the southeast corner of FM 544 and Vinson Road and being all of a 34.5528 acre tract out of the E.M. Price Survey, Abstract No. 1114, City of Wylie, Dallas County, Texas. Tobin Maples Update: Staff has reviewed this preliminary plat and found it to be in compliance with Subdivision Ordinances and is recommending approval with the following stipulations: 1. Engineering approval of the final drainage plans and sewer connections. 2. Add note 8 to the plat which shall read "All sewer lines to be 8" in diameter. (minimum) 3. The note directly above the legend being revised to indicated to the City of Wylie. [This item has been corrected.] Applicant : Pete Canzano, Graphic Engineering, 6904 Napa Valley Dr, Frisco, TX 75035. The homes will be new manufactured homes. The homes will be placed on concrete foundation. Discussion: The home will not be left on wheels. East Fork water has indicated they will be able to supply water to the subdivision. The City of Wylie is not responsible if East Fork water cannot handle the water demand. The drainage channel in the southeast corner is owned by Redwood Mobile Home Park. The off-site drainage easement will have to be submitted before the final plat. The screening wall along the back of the subdivision will not be required until the retail district is put into place. Motion: A motion was made by Eric Hogue, Seconded by Don Hughes to recommend approval to the City Council with noted stipulations. Motion Carried - all in favor (7). CITIZEN PARTICIPATION No comments. Minutes-Planning and Zoning Commission June 1, 1998,Regular Business Meeting Page 3 STAFF REPORTS November 17, 1998 will be a joint Worksession with City Council. City Council will begin their meeting at 5:00 pm and Planning and Zoning will meet at 7:00 pm. Don Hughes will not be at the November 17, 1998 meeting. ADJOURNMENT Motion: A motion was made by Cecilia Wood, Seconded by Sharon Dowdy to adjourn. Motion Carried- all in favor(7). Steve Ahrens, Chairman Carrie Smith, Secretary Minutes-Planning and Zoning Commission June 1, 1998,Regular Business Meeting Page 4 MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting NOVEMBER 17, 1998 7:00 P.M. A quorum was present and a notice was posted in the time and manner required by law. Members Present: Staff Present: Steve Ahrens, Chairman Tobin E. Maples, Director of Planning Sharon Dowdy Carrie Smith, Secretary Eric Hogue, Vice Chairman Don Hughes Carter Porter Julie Schmader Cecilia Wood CALL TO ORDER The meeting was called to order at 7:00 P.M. by Chairman, Steve Ahrens. ACTION ITEMS 1. ZC.No. 98-09:recommendation to the City Council for a request from Gonzalo Cerda for approval of a Specific Use Permit (SUP) for a private club serving alcoholic beverages (proposed restaurant) for the property generally located the northeast corner of Fifth Street and SH 78, and being part of Lot 1 &2,Block 12 of the Railroad Addition, an Addition to the City of Wylie, Collin County, Texas. Tobin Maples Update: The City of Wylie Zoning Ordinance requires a Specific Use Permit (SUP) to be considered by the Planning and Zoning Commission and voted on by the City Council. The SUP will not authorize any other businesses in the strip center to sell alcoholic beverages. Public Commit Forms were sent out to fifteen property owners within 200 feet of this property and no comment forms were returned. The current zoning is consistent with the Comprehensive Plan. State statues does allow alcoholic Minutes-Planning and Zoning Commission November 17, 1998,Regular Business Meeting Page 1 beverages to be served subject to issuing a private club permit by Texas Alcohol Beverage Commission. The applicant has been issued his permit and it is on file with the City. Staff is recommending approval. Applicant - Translator Rita Juarez, 3632 Matador, Dallas TX 75220 on behalf of Mr. Gonzalo Cerda: There is another location in Garland that has been issued a SUP. Public Hearing... In Opposition: Al Draper, 100 Tanglewood Ct. Commission's Discussion: The restaurant is enlarging and this permit does include the metes and bounds for the existing and expansion. The regular business hours of the restaurant will be from 11:00 am to 10:30 pm, seven days a week. This is to be a family restaurant, there will not be an open bar. People will be seated at tables. Mr. Cerda's current membership is 50 to 75 and he plans an additional 25 new members. Parking is up to City Code. The parking requirements are one space for every three seats at capacity. The real property owners were notified and there is a City zoning sign posted to indicate the property is up for rezoning. The maximum capacity is approximately 70 people. The square footage of the property is 45 X 40 or 1800 square feet. The Teen Center is no longer in the shopping strip. The SUP is permanent, the only way it will change is if the City Council votes to revoke it. A new business can move in and obtain a permit from the State and the SUP will still be in effect. Motion: A motion was made by Cecilia Wood, Seconded by Julie Schmader to recommend approval to City Council with the stipulation that the hours of business be from 11:00 am to 10:30 pm and there will only be a service bar, no open bar. Motion Carried - 5 - 2, opposed, Eric Hogue and Don Hughes. Minutes-Planning and Zoning Commission November 17, 1998,Regular Business Meeting Page 2 2. ZC. No. 98-16: recommendation to the City Council regarding a request from The Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A (Agricultural); B-1 (Business); SF-A (Single Family Attached); SF-2 & SF-3 (Single Family Residential) to I (Industrial) for the property generally located at the northeast corner of Spring Creek Parkway and SH 78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Tobin Maples update: Property is currently vacant and zoned A(Agricultural), B (Business), SFA(Single Family Attached) and SF2 -3 (Single Family). The properties to the north are zoned I (Industrial) and A(Agricultural); the properties to the east are in the county;the properties to the south are zoned A(Agricultural), B-1 &B-2 (Business); the properties to the west are vacant and zoned MF (Multifamily); the property to the northwest is zoned I (Industrial) and developed with military uses, the armory. Public comment forms were sent out to twenty-nine (29) property owners and only one (1) form has been received in support of the request. Comprehensive plan does recommend Industrial, Commercial, and Business uses for the property. Subsequent to this case being advertised the applicant indicated that they would like to amend their application. Staff is recommending approval. Applicant-Ron Hanson, 1601 Bryan Dallas,Texas on behalf of Kansas City Southern Railway and Tolmak. The amendment to the application would be for the property fronting SH 78, 300 feet deep to be zoned B-1 (Business). The remaining property to be zoned I (Industrial). Public Hearing... In Opposition: Nicki Allen, 100 Rush Creek Kipp A. Collins, 407 Kamber Lane Brenda Reinbaugher, 603 Burchsire Lane Billie Jo Swanner, 102 Tanglewood Kenna Johnson, 503 Rustic Place Joe D. Baker, 114 S. Carriage House Way Jerry Allen, 100 Rush Creek Roy Prithcard, 200 Rush Creek Motion: A motion was made by Sharon Dowdy, Seconded by Cecilia Wood to recommend approval to the City Council with the frontage along SH 78 and 300 feet deep will be zoned B-1 (Business). Motion Carried - all in favor (7). Minutes-Planning and Zoning Commission November 17, 1998,Regular Business Meeting Page 3 STAFF REPORT The next public work shop is on December 10, 1998 at 7:00 pm. There was a ten minute recess and then the meeting was convened into a joint Worksession with City Council. WORKSESSION See City Council Minutes. ADJOURNMENT See City Council Minutes. Steve Ahrens, Chairman Carrie Smith, Secretary Minutes-Planning and Zoning Commission November 17, 1998,Regular Business Meeting Page 4 City of Wylie r Public Hearing Item No. 1 98-12 Rezoning .. Planning and Zoning Commission Public Hearing: December 1, 1998 Owner/Applicant: FarmTek Inc., Attn: Mike Douglas Location: Generally located at the northwest corner of SH 78 and Eubanks Lane Existing Zoning: A (Agricultural) Requested Zoning: I (Industrial) Summary: The applicant is requesting rezoning on .998 acres in order to utilize the property for business purposes. Specifically, the applicant intends to utilize the existing structures for his own business and up to four tenants that may engage in light manufacturing and assembly type uses. Currently the property is in the process of being annexed into the City. The City Council public hearing for this zoning case has been scheduled for the same night the City Council votes on the annexation ordinance. The properties to the north, east, and west are vacant and zoned for I (Industrial) uses. The property to the south is vacant and zoned for A(Agricultural) uses. Public Comment Forms were mailed to eight (8) property owners within 200 feet of this request. No Public Comment Forms have been returned. Department of Planning, 11/23/98 98-12 Issues: • The Comprehensive Plan recommends retail, commercial, and business uses for the property. Although the proposed zoning is not consistent with the Comprehensive Plan, Staff is of the opinion that an amendment to the Comprehensive Plan may be warranted due to the proximity of the railroad to the north and the existing I (Industrial) zoning to the north, east, and west. Financial Considerations: Application fee in the amount of$225.00 - Paid Staff Recommendation: Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Department of Planning, 11/24/98 . (7/ 1 JJ r . 1t • • {!� _ /�// i /� SUBJECT f, �� - \ \\ I PROPERTY ./f %( " /f ors 1. • �." / \ \ I • _ •1 6.is--,-'r:•.°1 1:14""1:6;--:::",.-------------------- /. \` s 8 • a e ';9'1way l o. zy N 40 1 i 1 i I I I l 1 ! • \......., \ >/#7 , .„ , - - iT 7" , 2 , : , , . �oj °• - , *. l i z-j ---' r i m• , 1 I,f,, ......_. c. S•5tio\e ' 11113'' i—�� 1 xrar r llll , i \ ' ! I ofSILD- — l 1 i - •sZ .. Ir.( • n -o.• • V 1 1 i � �' ,� r 3��4i�y�1 I I 1au 1 I ��1� l I 1 1 I : v4 al a EINEM''al -- I ":1-.4:::: ■ % iII =.•11111,, l i iv —7 HIM __ ri\\` i \` _j,,,,,solim ri PROJECT LOCATION MAP ZONING CASE #98- 12 . . _ . ._ .. _.._.._.._.._.. _ .._ .._.._ . ._ .._.. _ .._ .._.._.._.._.._.. ------ 1"=200 , • , . �� SR Og) Ai 0,<C5 RAr • ' D A '•. .. .\>\C r\ -. _4--.1.,..:I.,,,.i i. F l W / Gj / ... aa`i, I tJ _ L1J ' eia .YG 4 /. 4--- .Z. •-...... o s ., . ,- , / ./r..r B - zz• S A , r,. . 4 1 CO-1- 111 ZONING AREA MAP ZONING CASE #98- 12 1°-200' y _.RO NO ...--•-- RAC1. ( CSS D A R ,.. .r . • NTMWD \' i' � R-6688-001-0760-1 •\\C�•.'. 0 '`` ' •" .J • ` \ P. Marta /• ' 5 I R-6688-001- 9 /•' � P. M 160-1 1 • '• (' V R-6688-: • I 0 /' �J/' , 001- I /. /. ..4F. 3 ; 2030-1 / G,r/ ;';t 1 1 LIJ / P\ ,•• D. Marshall i;, R-6688-001- / 1 ` / 077A-1 ' �', TxDOT -7 3 71 / / O e c \--\ J Boyd Family Trust 7 R-6688-001-0770-1 / U 411 a' PROPERTY OWNER NOTIFICATION MAP ZONING CASE #98- 12 NOTIFICATION REPORT APPLICANT: Farmtek, Inc. Mike Douglas APPLICATION FILE # 98-12 5113 Heritage Sachse; Texas 75048 # BLK/ABST LOT/TRACT ; TAX I.D. # PROPERTY OWNER NAME ADDRESS P.O. Box 2408 1 Abst. 688-1 Tract 76 R-6688-001-0760-1 North Texas Municipal Water District Wylie, Texas 75098 407 Masters 2 Abst. 688-1 Tract 77A R-6688-001-077A-1 David Marshall Wylie, Texas 75098 Boyd Family Trust 312 Meadow Mountain Drive 3 Abst. 688-1 Tract 77 R-6688-001-0770-1 c/o Dwayne Boyd ,Trustee Waco, Texas 76712-8164 114 W. 11th Street 4 Abst. 688-1 Tract 83 R-6688-001.0830-1 Kansas City Southern Railway Co. Kansas City, MO 64105-1804 1776 N. Hwy. 78 5 Abst. 688-1 Tract 196 R-6688-001-1960-1 Paul Merritt Wylie, Texas 75098 1776 N. Hwy. 78 6 Abst. 688-1 Tract 203 R-6688-001-2030-1 Paul Merritt Wylie, Texas 75098 Texas Department of Transportation P.O. Box 90 7 Abst. 688-1 SH 78 Attn: Bill Lovil McKGnney, Texas 75069 R-6688-001-0204-1 (Applicant) 5113 Heritage 8 Abst. 688-1 Tracts 204 &209 R-6688-001-0209-1 Mike Douglas Sachse, Texas 75048 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-12 Applicant: FarmTek Inc.,Attn:Mike Douglas Location: Generally located at the northwest corner of SH 78 and Eubanks Lane Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural) Requested Zoning: I(Industrial) Proposed light manufacturing and assembly. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,December 1, 1998,7:00 PM City Council: Tuesday,December 15, 1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name,address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing,state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000-Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. • "fxkt,•7 • Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 588, City of Wylie, Collin County, Texas, and being the same tract of land conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell by deed recorded in Volume 2689, Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas and being more particularly described as follows: Beginning 'at a 318 inch iron rod found in the south right-of-way line of the St. Louis and Southwest Railroad (100'R.O.W.)for the northwest corner of a 2.939 acre tract of land conveyed to Paul C. Merritt and Richard A. Williams by deed recorded in Volume 2070, Page 140, Land '}' Records, Collin County, Texas; • Thence, S 00°00'00" E, along the west line of said 2.939 acre tract, a distance of 325.98 feet to a 112 inch iron rod set in the north right-of-way line of State Highway No. 78 for the southwest corner of said 2.939 acre tract and being in a curve to the left having a radius of 2924.93 feet; Thence, along said curve to the hp, through a central angle of 02° 59' 04", an arc length of 152.35 feet and a chord of S 75° 05' 48" IV, 152.34 feet to a 1/2 'inch iron rod found for the southeast corner of a northerly tract of land described in a deed to A.U. Boyd Family Trust and recorded by County Clerk's File No. 94-0059169, Land Records, Collin County, Texas; Thence, N 00° 00' 00" F, along the east line of said Boyd Family Trust Tract, a distance of 265.15 feet to a 112 inch iron rod set in the south right-of-way line of said Railroad in a curve to the right having a radius of 5741.78 feet for the northeast corner of said Boyd Family Trust Tract, • Thence, along the south right-of-way line of said Railroad and curve to the right, through a central angle of 01° 46' 34", an arc length of 177.98 feet and a chord of N 55° 48'36" E, 177.97 feet to the Point of Beginning and containing 43,492 square feet or 0.998 acres of land. Page 1 of 2 (5/9 CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 REC'D AUG 2 4 1998 APPLICATION FOR ZONING CHANGE Case No. qO — la Filing Fee Date g --�-t("- l Applicant Fa('MT�� Inc /hrkt u !o3 Phone No. `�7.2- Mailing Address: Work No. 5 t l \ “F r r4a5 -Q • • LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 r� Attackd. /000 hwa 7g Nor' k rc I hereby request that the above described property be changed from its present zoning which is N rr'c k1f ura District Classification to 1 - -Inc( s f r r-a ( District Classification for the following reasons: (attach separate sheet if necessary) EXI5 ( rni +CitA re5 Wrll Cj'e. llTc 12 � ' r u -�a u r to r\a n S �� Ma c_ f a c d r �� prAtA"rac4� ('rr ass-c Al ki- � � l y There (are) are not) 4 eed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner /' Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed My of Wylie Public Hearing Item No. 2 98-13 Rezoning Planning and Zoning Commission Public Hearing: December 1, 1998 Owner: Patsy Lewis& Campbell/Wylie Partners Applicant: Campbell/Wylie Partners, Attn: Gary Defrain Location: Generally located at the northeast corner of McCreary Road and McMillan Road Existing Zoning: A (Agricultural) Requested Zoning: PD (Planned Development) for Single Family, Multifamily, business, and open space uses Summary: The applicant is requesting rezoning on 327.485 acres in order to develop the property with a master planned mixed use community: Specifically, the applicant is proposing a master planned community encompassing single family, multifamily, business, and open space uses. The properties to the north and west are vacant and not within the city proper. The property to the south is zoned MH (Manufactured Home) and developed accordingly with a manufactured home park. The properties to the east are vacant and not within the city proper. Public Comment Forms were mailed to sixty-six (66) property owners within 200 feet of this request. No Public Comment Forms have been returned. Department of Planning, 11/24/98 98-13 Issues: • Subsequent to this case being advertised the applicant submitted a revised conceptual plan and requested that this case be tabled to the December 15, 1998, Planning and Zoning Commission meeting in order to allow staff an opportunity to review the amended plan. • In accordance with state statues and city ordinances, this case was concurrently advertised for public hearings before the Planning and Zoning Commission and City Council on December 1, 1998, and January 12, 1998 respectively. The January 12, 1998, City Council public hearing would not be affected should the Commission table the Planning and Zoning Commission public hearing to December 15, 1998. Financial Considerations: Application fee in the amount of$550.00 - Paid Staff Recommendation: Table to the December 15, 1998, Planning and Zoning Commission meeting per the applicant's request. Department of Planning, 11/24/98 - LA.X'AYETTE PROPERTIES, INC, • 8235 DOUOLAS AvEN-UE, SUITE 630, LD•03 • PALLIS,TZXAS 73223 • TELEPHONE 214 091-2530 • • • FACSIMILE 214 001.0082 . • • J4Ig4b FROM: GARY REFRAIN TO: 'fipi� � LAF'AYETTE PROPERTIES,INC. COMPANY:6T I4v 116 PtioNE: (214) 691-2556 PHONE:• `�� FAX: (2 1 4) 69 1.0662 FAX: ctv-442-f;p1 ✓ - • .I PAGES TO FOLLOW: Zo.f CF o. °)C60-13 REMARKS: 4., u GEC, , A ' • )z-114y2 --44.11n 4 Eonpin C M'l--2 ,o)3 M �Q . 1 1 rtto Ax.90. A1 � Dtov -pct. TO WV---E3i,t-iA IF YOU INCUR ANY PROeLD4S WITti4 THE TRANSMISSION OF THIS FACSIMILE. PLEASE CONTACT ,JE NA WILKEN$ AT (2 14)69 1-2556. [�PIT1�LTf NOTIGENOTICE THE DOCUMENTS ACCOMPANYING THIS TCLCCOPY TRANSMISSION CONTAINS CONFIOEHTIAL IN,ORMATION WHICH IS PRINILEOEO ANO WIC-WILD ONLY FOR TxE U X OF 7hL RGGtPIEMT NAMED ADOVE. Ir YOU RECEIVE THIS TELECOPY IM LPROR, PLEA3C IMMEDIATELY NOTIFY US BY TELEPHONE OR ARRAMOE FOR RETURN OP THE TRANSMITTED OOCU MEMTS TO US. YOU ARE HEREOY NOTITICO THAT Amy DISCLOSURE. COPT)HO. DISTRIDUTIOM OR THE TAXING of AMY ACTION W ALLIANCE ON THE.CONTENTS OF T.IS TELCociEo IMFORMATIOM IS STRICTLY PROHIBITED. • TOTAL P.01 tv/111. ty of Wylie Public Hearing Item No. 3 98-15 Rezoning Planning and Zoning Commission Public Hearing: December 1, 1998 Owner: Janice and Roy Neely Applicant: J.C. Worley Location: Generally located along the south side of SH 78 north of Wylie Ranch East Estates Existing Zoning: A (Agricultural) Requested Zoning: B-2 (Business) Summary: The applicant is requesting rezoning on 2 acres in order to develop the property with business uses. Specifically, the applicant is proposing an iron works business encompassing an office, showroom and warehouse. Currently_the property is vacant and zoned for A (Agricultural) uses. The property to the north is vacant, zoned SF-A (Single Family Attached) and under consideration for rezoning to B-1 (Business) and I (Industrial). The property to the south is zoned A(Agricultural) and developed with single family homes. The property to the east is zoned A (Agricultural) and developed with a legal non-conforming business use. The property to the west is vacant and zoned for zoned B-1 (Business) uses. Public Comment Forms were mailed to eleven (11) property owners within 200 feet of this request. No Public Comment Forms have been returned. Department of Planning, 11/24/98 98-15 Issues: • The Comprehensive Plan recommends retail, commercial, and business uses for the property. Although staff is of the opinion that the proposed zoning may be consistent with the Comprehensive Plan, precedent indicates that identical request along this corridor have been denied under the premise that conflicts exist between certain uses permitted in the B-2 (Business) district and the Comprehensive Plans recommendation for this corridor. Specifically, the B-2 (Business) district allows many uses which are more industrial in nature and, therefore, may not be appropriate at this location. • The applicant is requesting a B-2 (Business) classification in order to allow light fabrication and assembly of iron. Light fabrication and assembly is permitted within the B-2 (Business) district provided that such facilities are completely enclosed within a structure not exceeding 8,000 square feet, and provided that no effects from noise, smoke, glare, vibration, fumes or other environmental factors are measurable at the property line. Financial Considerations: Application fee in the amount of$225.00 - Paid Staff Recommendation: Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Department of Planning, 11/24/98 : /I/:::/ I r f i ///// � ! , i i i L - ' I ` } _Ra�.roo _ — _ -__`- ;:��. and 5d� - - %;,a _ -_ ! ! SUBJECT �� "OA 3i PROPERTY xectiossook! ,i I i I ! i CD CD i i • i Q. i ! i C 1 ! CZ i I 1 i a i i 1 I i State Highway No. 78 ! 1! i ! i ! i i II -� i i ! I L! ! ,__i----..; i ! i i ! i i 1 1 t , , - 1 \ •40-- Callle court i u i !! ! (01 �� i i 0,7 CI 1 _ — I l�, i Donna Drive as i ! I x lll [1 _ EII n l z , i _A } i ..„,., . ri.,....,§ , , I I ! i / a 433 , i i (Coun Brown S i . i I ! i o c i i I E a i i ! i I ! CC i ! ! ! i ! i ! I I C I -�..-- ! ----J P-----I i I ! I ! I a ! i I ! 1 ! ! ! i p--L-- ! ! - -_L-� ! ----L-•_ ----------- ------------- I .1111 PROJECT LOCATION MAP ZONING CASE #98-15 SF - 3 SF - 2 a) MF ) USF SF -A L._ B- 1 Cf State Highway No. 78 B- 1 SUBJECT r PROPERLY B 2 B- 2 - FR Callie Court f-rDi A 1'=900' 0 U Donna Drive ZONING AREA MAP ZONING CASE #98- 15 Tolmak Inc. R-6688-002-1960-1 State Hic hway \ o . 78 1``` SUBJECT �PROPERTY R`� c 1�� F2oyCO 1�� 1 S'' tr1 N� ly S R-1182-000- 0060-1 J. Anderson H. Routon R-1181-000- R-1181-000- H. Nelson R-1181-000- 0030-1 0040-1 0050-1 Collie Court 1"=200' PROPERTY OWNER NOTIFICATION MAP ZONING CASE #98- 15 NOTIFICATION REPORT APPLICANT: J.C.Worley APPLICATION FILE # 98-15 211 Industrial Court Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 1 ---- Lot 4 R-1182-000-0040-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 2 ---- Lot 5 R-1182-000-0050-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 315 Callie Court 3 ---- Lot 6 R-1182-000-0060-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 4 ---- Lot 7 R-1182-000-0070-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 5 ---- Lot 8 R-1182-000-0080-1 Roy Neely Wylie, Texas 75098 • Wylie Ranch East P.O. Box 831154 6 ---- Lot 3 R-1181-000-0030-1 John Anderson Richardson, Texas 75083-1154 Wylie Ranch East 340 Callie Court 7 ---- Lot 4 R-1181-000-0040-1 Harlan Routon Wylie, Texas 75098 Wylie Ranch East 350 Callie Court 8 ---- Lot 5 R-1181-000-0050-1 Henry Nelson Wylie, Texas 75098 114 W. Eleventh 9 Abst. 688-2 Tract 196 R-6688-002-1960-1 Tolmak Inc. Kansas City, MO 64105-1804 Texas Department of Transportation P.O. box 90 10 ---- SH 78 Bill Lovil McKinney, Texas 75069 Applicant 211 Industrial Court 11 J.C.Worley Wylie, Texas 75098 • y NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 98-15 Applicant: J.C.Worley Location: Generally located along the south side of SH 78 north of Wylie Ranch East Estates Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural) Requested Zoning: B-2(Business) Proposed Office, Showroom and Warehouse for Iron Works Business. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,December 1,1998,7:00 PM City Council: Tuesday,January 12,1998,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable) on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing,state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)-(972)442-8170 for assistance. "EXHIBIT A" ALL OF LOT 6 OF THE WYLIE RANCH ESTATES COMMERCIAL PARK, AN ADDITION IN COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME C, PAGE 8, PLAT RECORDS OF COLLIN COUNTY, TEXAS. OCTOBER 26, 1998 PLEASE BE ADVISED THAT J.C. WORLEY HAS OUR CONSENT TO APPLY FOR ZONING ON LOT 6, WYLE RANCH EAST' MERCIAL EST TES. JsIICE NEELY 7(% 62- li R NEELY Q Page 1 of 2 (515 CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE • Case No. 9g -(3--- Filing Fee "z--2--C-=ov . Date /o �2 Applicant usG , Lott - Phone No. YS/2—/r7/ Mailing Address: Work No. ``? 21 11 v o v S-��t.i ram ___ G___ Ca�J ti-t c.vyL.cce i 7/.- 7ra98 LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 I hereby request that the above described property be changed from its present zoning which is A District Classification to 4 c2. District Classification for the following reasons: (attach separate sheet if necessary) Pt°eoSC- L-oc.4-00.) fin._ oFUU. Ls- 1 S/4c,t,.N (loov.-_ ci., cal4vte7I+u3tr F. $.4 ays id..-sx LO7'o'G, 14 YL/Rt 1R) JC Ai es7i4 Cd..rs.e.-►c am There (are) f re 9 deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed , C. !o-- ;ill City of Wylie Discussion Item No. 1 Planning and Zoning Commission Meeting: December 1, 1998 Discussion Item No. 1 RE: Discussion regarding development standards for sidewalks Background: The Planning and Zoning Commission requested that staff bring forward a discussion item regarding the City's sidewalk policies. Attached is a copy of Section 5.05 (Sidewalks and Bikeways) of the Subdivision Regulations which details the City's development standards for sidewalks. The regulations are provided in order to facilitate a discussion regarding said standards. Should the Commission desire to amend the sidewalk regulations, please direct staff accordingly so that we may prepare the new text and advertise the amendment for public hearing. Attachments: Section 5.05 (Sidewalks and Bikeways) of the Subdivision Regulations • minimum distance of 350 feet from the point of intersection. From that point the pavement width may be decreased to four lanes, with provision of an appropriate transition in paving width. If property abutting only one side of the proposed thoroughfare is to be developed, then three full lanes will be constructed, including left turn lane and transition. This provision will not require widening an existin intersection that already provides four through lanes. g F. Access from Residential Subdivisions or Additions. Residential lots must have minimum frontage of 24 feet on a dedicated street, except where varied through approval of a Planned Residential Development. Where subdivisions or additions are platted so that the front yards of single family residential lots are adjacent to a dedicated roadwa the owner shall provide at his sole expense one of the following types of treatment: y, b (1) For thoroughfares designated Type A, B +, C, or D (in the Comprehensive Plan),no residential lot shall have direct access to the thoroughfare unless a service road is provided adjacent to the thoroughfare. (2) For thoroughfares designated Type E, lots may have direct driveway access to the street provided that the following development standards are complied with: (a) A minimum lot width of 100 feet. (b) A minimum front yard setback of 50 feet. (c) A circular driveway shall be provided with a minimum of six off-street paved parking spaces. (3) For streets designated Type F or G, lots may have direct access to the t requirements of the Thoroughfare Plan are met. street if other 5.05 Sidewalks and Bikeways A. Sidewalks. Sidewalks shall be constructed in accordance with the Thoroughfare Plan of the City of Wylie for all lots adjoining dedicated streets, along major thoroughfares where lots do not adjoin the street, along power line easements and in other areas where pedestrian walkways are necessary. Sidewalk construction may be delayed until development of lots, but in locations not adjacent to lots and across bridges and culverts the sidewalk shall be constructed with the other improvements to the subdivision or addition. Sidewalks adjacent to screening walls shall generally be placed against the screening walls to the subdivision or addition. Routing to clear poles, trees or other obstacles shall be subject to approval by the City Engineer. - 44- concrete sidewalks shall have a width of not less than four feet (4') and a thickn less than four inches (4") and shall be constructed of two thousand 2 ess of not m on both sides of all streets and thoroughfares within the subdivision( Si ) PSI concrete constructed one foot (1') from the prope dewalks shall be right-of-way and shall extend along thPstreec tfrontage le µithin the street or thoroughfare and block ends. Construction of sidewalks adjacent to curb in residential the side of corner lots considered only where driveway entrances are constructed from her ea areas on b be sides of the street for the full length of the block. In these instances, of lots both be five (5') wide. Tile available one foot area between the proer I ne a sidewalks edge of the sidewalk shall be the location of the required sewer cleeanoutand the rear edge the front edge of the sidewalk and the curb shall be the proper location forThe area between box. the water meter Sidewalks in commercial areas shall be a minimum width of five feet 5' the back of the curb to the building line as required by the City ( ) or extend from Sidewalks in industrial areas and planned developments will be as r equlred by the City. All concrete for sidewalks shall be placed on ttivo-inch (2") sand cush' reinforced with 6x6 No. 10 gauge welded wire fabric. ton and shall be Longitudinal slope of sidewalks shall be that of the curb adjacent to th e transverse slope of the sidewalk shall be 1/4 inch per foot starting at the back of the The The maximum ground slope from the edge of the sidewalk on theproperty of th curb. riot exceed eleven percent (11%). Instead of exceeding line side shall a retaining wall shall be provided on the property a grade of eleven percent (I1 Ic) Engineer. P P� ry line that is acceptable to the City Sidewalks shall be constructed by the individual home builder and shall w-ith the City approved plans. be in accordance B. Pedestrian Accesses. The:Commission may require, in order to access from the streets to schools arl`- facilitate pedestrian P s, playgrounds, or other nearby streets, perpetual unobstructed easements at least fifteen (15) feet in width. Easements shall on the plat. be indicated C. Bikeways. Hike and bike sidewalks, designed and located according to c' n ds,shall be constructed along streets designated for hike and bike trails. Such sidewalks shall shall be built by the owner at the time of site development, or, the owner maypetitionCity to construct such facilities, subject to escrow policies stated in Section 6 of these regulations. - 45- • r/011 of Wylie Discussion Item No. 2 Planning and Zoning Commission Meeting: December 1, 1998 Discussion Item No. 2 RE: Discussion regarding permitted uses and development standards within the 0 (Office), R (Retail), B-1 & B-2 (Business), and I (Industrial) zoning districts Background: The Planning and Zoning Commission requested that staff bring forward a discussion item regarding permitted uses and development standards within the office, retail, business, and industrial zoning districts. Attached are copies of the applicable district regulations which detail permitted uses and development standards (lot size, building setbacks, lot coverage, etc.) associated with the above referenced districts. The regulations are provided in order to facilitate a discussion regarding Wylie's existing nonresidential zoning districts and development standards. Over the next 9-12 months, the City will be updating the Comprehensive Plan. The short term goal should be to evaluate said districts and standards to determine whether or not changes are warranted. The long term goal should be to amend the zoning ordinance to modify and improve nonresidential development standards, if warranted, and recommend that they be implemented with the Comprehensive Plan Update. Attachments: O (Office) district regulations R(Retail) district regulations B-1 & B-2 (Business) district regulations I (Industrial) district regulations APPENDIX A—ZONING § 17 ing construction and safety standards pub- 16.3. Area regulations. lished by the department of housing and (1) Size of yards. urban development pursuant to the require- ments of the Texas Manufactured Housing (a) Front yard. Minimum required set- Standards Act (Vernon's Ann. Civ. St. art. back,25 feet measured from front prop- 5221f) and all manufactured housing will erty line.Accessory buildings shall have be subject to inspection by the building a 60-foot front yard. official. (b) Side yard. (Adjacent to a street or (2) All manufactured housing within a subdi different use property line): Minimum vision shall be set on solid slab structure or required, ten feet. pier and beam foundation.Additional rooms (c) Rear yard. A dedicated alley or private in a subdivision such as enclosed porches, drive shall be required behind each lot etc., shall be constructed on a solid slab. or tract and the minimum rear yard 't (3) Accessory buildings will be either manufac setback shall be 20 feet for any build- ing or structure. When an alley is not tuned or constructed in accordance with required, a masonry or wood wall of a city codes. minimum height of six feet shall be constructed adjacent to the rear prop- Section 16. O,professional office district reg- erty line to provide a barrier between ulations. the adjoining use. (d) Special side or rear yard requirement. General purpose and description. The 0 district When a nonresidential zoned lot or is intended for professional offices creating a low tract abuts upon a zoning district bound- impact on the surrounding area. ary line dividing the lot or tract from a residentially zoned lot or tract, a min- _ 16.1. Use regulations. A building or premises may be used only for the following purposes: imum side yard of ten feet shall be provided on the nonresidential prop- • (1) Administrative offices—for public or erty.A masonry or wood wall having a semipublic, civic, religious or charitable minimum height of six feet above the organizations. average grade of the residential prop (2) Architect offices. erty shall be constructed on the non- residential property adjacent to the (3) Bookkeeping or accounting. common side (or rear) property line. (4) Engineering (office only). (2) Size of lot. (5) Lawyer. (a) Lot area. None. (6) Telephone answering service. (b) Lot width. None. (7) Church, synagogue or rectory. (c) Lot depth. None. (8) School, public or private. - (3) Lot coverage. In no case shall more than 45 (9) Electric transmission lines and substa percent of the lot area be covered by build- ings. tions. (10) Licensed interior designer. 16.4. Parking regulations. Off-street parking and loading shall be provided as set forth in 16.2. Height regulations. No building shall ex- section 24. Geed 50 feet, except cooling towers, roof gables, Section 17. R, retail district regulations. chimneys, vent stacks or mechanical equipment rooms may project, not to exceed 12 feet beyond General purpose and description. The R, retail maximum building height. district is intended for neighborhood shopping CDA:17 § 17 W"xlIE CODE facilities which provide limited business service (31) Restaurant with/without drive-in service. and office facilities predominantly for the conve- (32) Tool rental (inside only). nience of residents of the community. (33) Auto parts and accessories, new. 17.1. Use regulations. A building or premises (34) Medical appliances, fitting and sales. shall be used only for the following purposes: (35) Bus pickup point. (1) Any use permitted in 0 office district. (36) Motion picture theater, indoor. (2) Banks or savings and loans with/without drive-through. (37) Hotel or motel. (3) Clinic, medical or dental. (38) Public buildings including fire stations and library. (4) Laboratory, medical or dental. (39) Private or business radio tower. (5) Office, general. (40) Water reservoirs,pumping plants and wells. (6) Optical shop. (41) Telephone or utility business office. (7) Studio, art, music, drama, speech. (42) Telephone exchange, switching and trans- (8) Letter and mimeograph shop. mitting equipment. (9) Garden shop and plant sales in completely (43) Sewage pumping or lift station. enclosed building. (44) Church synagogue or rectory. (10) Veterinarian office, no hospital. (45) School, private or public. (11) Florist shop. (46) Day nursery, or child care center. (12) Antique shop, enclosed. (47) Hospital. (13) Bakery or confection shop, retail. (48) Lodge or fraternal organization. (14) Barber or beauty shop. (49) Nursing home or residence home for [the) (15) Book, camera or card shop. aged. (16) Clothing and apparel store. (50) Electrical transmission lines and substa- (17) Cleaning and laundry pickup station. tion. (18) Discount, variety or department store. (51) Health/fitness centers. (19) Drugstore. (52) Public swimming pools, indoor/outdoor. (20) Drapery, needlework or weaving shop. (53) Radio, television appliance shop. (53a) Carwash. (21) Supermarket. (22) Furniture and appliance. (54) Other general retail sales of similar nature and character provided that the business (23) Handicraft or hobby shop. establishment is subject to the following (24) Key shop. conditions: (a) That it be conducted wholly within an (25) Laundry or dry cleaning, self-service. enclosed building. (26) Health studio. (b) That required yards not be used for (27) Paint, wallpaper and hardware. • display, sale or storage of merchandise, Personal service shop. or for the storage of vehicles, equip- (28) ment, containers or waste material. (29) Photography studio. (c) That all merchandise be sold at retail (30) Shoe repair. on the premises. CDA:18 APPENDIX A—ZONING § is (d) That such use not be objectionable (d) Special side or rear yard requirement. because of odor,excessive light,smoke, When a nonresidential zoned lot or dust, noise, vibration or similar nui- tract abuts upon a zoning district bound- sance. ary line dividing the lot or tract from a • The following specific uses when granted in residentially zoned lot or tract, a min - The side yard of ten feet shall be accordance with section 23: provided on the nonresidential prop- (1) Heliport. erty.A masonry or wood wall having a (2) Broadcasting facilities, radios, television, minimum height of six feet above the or microwave tower. average grade of the residential prop- erty shall be constructed on the non- (3) Cemetery or mausoleum. residential property adjacent to the (4) School, commercial, trade or craft. common side (or rear) property line. (5) Golf course, public or private. (2) Size of lot. (6) Private club, serving alcoholic beverages. (a) Lot area. None. (7) Rodeo or other sports arena. (b) Lot width. None. (8) Commercial amusements, indoor or out- (c) Lot depth. None. door. (3) Lot coverage. In no case shall more than 45 - (9) Indoor auction house with no outside stor percent of the lot area be covered by build age or livestock. ings. (10) Greenhouse as an accessory to garden shop. 17.4. Parking regulations. Off-street parking and loading shall be provided as set forth in 17.2. Height regulations. No building shall ex- section 24. ceed 100 feet, except cooling towers, roof gables, (Ord. No. 93-49, § I, 10-26-93: Ord. No. 93-51, §I, chimneys, vent stacks or mechanical equipment 10-26-93) rooms may project, not to exceed 12 feet beyond maximum building height. Section 18. B-1, business district regula- tions. 17.3. Area regulations. (1) Size of yards. General purposes and description. The B-1, business district is intended predominantly for (a) Front yard. Minimum required set- commercial activities of [a) service nature which back,25 feet measured from front prop- typically have operating characteristics (limited erty line.Accessory buildings shall have outside or open storage) or traffic service require- a 60-foot front yard. ments of greater intensity than retail shopping (b) Side yard. (Adjacent to a street or and residential environments. different use property line): Minimum 18.1. Use regulations. A building or premises required, ten feet. shall be used only for the following purposes: (c) Rear yard. A dedicated alley or private drive shall be required behind each lot (1) Use permitted in the R, retail district. or tract and the minimum rear yard (2) Gasoline service station or car care center. setback shall be 20 feet for any build- ing or structure. When an alley is not (3) Mortuary or funeral home. required, a masonry or wood wall of a (4) Feed store. minimum height of six feet shall be (5) Restaurant with drive-in service. constructed adjacent to the rear prop- erty line to provide a barrier between (6) Secondhand, furniture, clothing store. the adjoining use. (7) Quick service food or beverage shop. CDA:19 §,16 WYLIE CODE (8) (Reserved for future use.) (c) Rear yard. A dedicated alley or private (9) Auto glass, muffler and seat cover. drive shall be required behind each lot or tract and the minimum rear yard (10) Automobile or motorcycle sates (indoor). setback shall be 20 feet for any build- (11) Building materials sales. ing or structure. When adjacent to or (12) Lawn equipment re air. abuts a residential use a masonry or p wood wall of a minimum height of six (13) Radio, TV or microwave tower. feet shall be constructed adjacent to (14) Limited warehousing and distribution. the rear property line to provide a barrier between the adjoining use. (15) Pest control business. (d) Special side or rear yard requirement. (16) Garden shop and plant sales in completely When a nonresidential zoned lot or enclosed building. tract abuts upon a zoning district bound- (17) Indoor auction house with no outside stor- ary line dividing the lot or tract from a age or livestock. residentially zoned lot or tract, a min- The following specific uses when granted in imum side yard of ten feet shall be accordance with section 23: provided on the nonresidential prop- erty. A masonry or wood wall having a (1) Heliport. minimum height of six feet above the (2) Cemetery. average grade of the residential prop- erty shall be constructed on the non- (3) Commercial amusements, indoor or out- residential property adjacent to the door. common side (or rear) property line. (4) Golf course, public or private. (2) Size of lot. (5) Private club, serving alcoholic beverages. (a) Lot area. None. (6) Open storage, fenced. (b) Lot width. None. (7) Rodeo or other sports arena. (c) Lot depth. None. (8) Outside plant sales, retail only. (3) Lot cot;erage. In no case shall more than 50 (9) Feed and seed store with outside sales. percent of the lot area be covered by build- (10) Indoor auction house with outside storage. inos. (11) Garden shop with outside storage and green- 18.4. Parking requirements. Off-street parking house as an accessory to a garden shop. requirements shall be provided in accordance 18.2. Height regulations. No building shall ex- with section 24. ceed 100 feet, except cooling towers, roof gables, (Ord. No. 93-49, § I, 10-26-93; Ord. No. 93-51, § I, chimneys, vent stacks or mechanical equipment 10-26-93) rooms may project not to exceed 12 feet beyond maximum building height. Section 19. B-2, business district regula- 18.3. Area regulations. tions. (1) Size of yard. General purpose and description. The B-2, busi- (a) Front yard. Minimum required set- ness district is intended to provide a zoning back, 20 feet. Accessory uses must be category similar to the B-1 district with addi- set back a minimum of 60 feet. tional uses permitted which are not generally (b) Side yard. (Adjacent to a street or carried on completely within a building or struc- different use property line): Minimum ture and an expanded range of service and repair required, ten feet. uses. CDA:20 APPENDIX A.-ZONING § 19 19.1. Use regulations. A building or premises 8,000 square feet, and provided that no shall be used only for the following purposes: effects from noise, smoke, glare, vibration, (1) Uses permitted in the B-1,business district fumes or other environmental factors are and R, retail district. measurable at the property line. (2) Public or private utility shop and mainte (28) Indoor/outdoor auction with no livestock. nance. The following specific uses when granted in (3) Public and private amusements(see excep- with section 23: tions). (1) Airport, heliport or landing field. (4) Animal clinic or hospital with outside runs. (2) Cemetery or mausoleum. • (5) Garden shop with outside storage and green- (3) Outdoor commercial amusement. house as an accessory to a garden shop. (4) Golf course, private or public. (6) Kennels with outside run. (5) Private club, serving alcoholic beverages. (7) Tool and trailer rental, outside storage. (6) Rodeo or other sports arena. (8) Automobile or motorcycle sales, new or (7) Theater, drive-in. used. (9) Automobile repair garage. (8) Animal pound, public or private. (10) Automobile painting or body shop. 19.2. Height regulations. One hundred feet or height permitted under floor area ratio (see floor (11) Automobile storage or sales lot. area ratio). (12) Mobile home sales. 19.3. Area regulations. (13) Truck parking lot or garage. (1) Size of yard. (14) Swimming pool, commercial outside. (a) Front yard. Minimum required set- (15) Bus terminal. back 20 feet. Accessory uses must be (16) Dry cleaning plant or laundry. set back a minimum of 60 feet. (17) Engine or motor repair. (b) Side yard. (Adjacent to a street or._ property line): Minimum required, ten ,__, Machinery sales. feet. (19) Machine or welding repair shop. (c) Rear yard. A dedicated alley or private (20) Vehicle rental business. drive shalt be required behind each lot or tract and the minimum rear yard (21) Lumberyard. setback shall be 20 feet for any build- (22) Maintenance or contractor yard. ing or structure: When adjacent to or abutting a residential use, a masonry (23) Tennis courts, commercial. or wood wall of a minimum height of (24) Plumbing, heating and air conditioning six feet shall be constructed adjacent shops. to the rear property line to provide a (25) Mini or convenience warehouse. barrier between the adjoining use. (26) Indoor commercial amusement. (d) Special side or rear yard requirement. When a nonresidential zoned lot or (27) Light fabrication and assembly process fa- tract abuts upon a zoning district bound- cilities for the manufacture, fabrication, ary line dividing the lot or tract from a processing, or assembly of products; pro- residentially zoned lot or tract, a min- vided that such facilities are completely imum side yard of ten feet shall be enclosed within a structure not exceeding provided for on the nonresidential prop- CDA:21 § 19 WYLIE CODE erty. A masonry or wood wall having a (6) Light fabrication and assembly processes minimum height of six feet above the facilities for the manufacturing, fabrica- average grade of the residential prop- tion, processing, or assembly of products; erty adjacent to the common side (or provided that such facilities are completely rear) property line. enclosed and provided that no effects from (2) Size of lot. noise, smoke, glare, vibration, fumes or other environmental factors are measur- (a) Lot area. None. able at the property line. (b) Lot width. None. (7) Manufacturing processes [including] all (c) Lot depth. None. other facilities for the manufacturing, fab- (3) Lot coverage. In no case shall more than 50 rication, processing or assembly of prod- • percent of the lot area be covered by build- ucts; provided that such facilities are not ings. detrimental to the public health, safety or general welfare and provided that the fol- 19.4. Parking requirements. Off-street parking lowing performance standards and city or- requirements shall be provided in accordance dinances are met: with section 24. (a) Smoke. No operation shall be con- (Ord. No. 93-49, §I, 10-26-93; Ord. No. 93-50, § I, ducted unless it conforms to the stan- 10-26-93; Ord. No. 93-51, § I, 10-26-93; Ord. No. dards established by state health rules 94 16, I, 6 14 94) and regulations pertaining to smoke emission. Section 20. I, industrial district. (b) Particulate matter. No operation shall General purpose and description. The indus- be conducted unless it conforms to the trial district is intended to provide for commercial standards established by state health and manufacturing uses. rules and regulations pertaining to emission of particulate matter. 20.1. Use regulations. The following uses are (c) Dust, odor; gas, fumes, glare, or vibra- permitted in the district,provided that such man- tion. No emission of these matters shall ufacturing or industrial operation shall not dis result in a concentration at or beyond seminate dust, fumes, gas, noxious odor, smoke, the property line which is detrimental glare, or other atmospheric influence beyond the to the public health, safety or general boundaries of the property. In addition, such use welfare or which causes injury or clam- shall produce no noise exceeding in intensity at age to property; or as said emissions the boundary of the property, the average inten- conform to the standards established sity of noise of street traffic, and provided that by state health rules and regulations such use does not create fire hazards on surround- pertaining to said emissions. ing property: (d) Radiation hazards and electrical dis- (1) Any use permitted in the B-2, business turbances. No operation shall be con- district, B-1, business district and R, retail ducted unless it conforms to the stan- district except child care facilities, hospi- dards established by state health rules tals, nursing homes, schools (other than and regulations pertaining to radia- trade). tion control. (2) Stables, private or commercial. (e) Noise. No operation shall be conducted (3) Swimming pool,commercial or private,out- in a manner so that any noise pro- side. duced is objectionable due to intermit- tence, beat frequency or shrillness. (4) Animal pound, public or private. Sound levels of noise at the property (5) Warehouse and enclosed storage. line shall not exceed 75 dB(A) permit- CDA:22 APPENDIX A-ZONING §21 ted for a maximum of 15 minutes in (8) Shooting range—indoor. any one hour; or'as said operation (9) Sexually oriented businesses. conforms to the standards established by state health rules and regulations (10) Livestock auction. or other city ordinances pertaining to (11) Concrete batch plants (permanent). noise. 20.2. Height regulations. Maximum height 100 (f) Water pollution. No water pollution feet, except cooling towers, roof gables, chimneys, shall be emitted by manufacturing or vent stacks or mechanical equipment rooms may other processing. In a case in which project not to exceed 12 feet beyond maximum potential hazards exist,it shall be nec- building height. essary to install safeguards acceptable 20.3. Area regulations. to the appropriate state health and environmental protection agencies. (1) Size of yards. (8) Cabinet shop. (a) Front yard.Minimum required,20 feet. (9) Newspaper or commercial print shop. (b) Side yard. Minimum on a corner lot adjacent to a street shall be 20 feet. (10) Bakery and confectionery, wholesale. When the industrial district is adja- (11) Bottling plant. cent to any residential district, a min- (12) Motor freight terminal. imum side yard of 20 feet shall be observed and a six-foot masonry or (13) Pawnshops. wood wall shall be constructed adja- (14) Indoor/outdoor auction with outside stor- cent to the industrial district's prop- erty line. age. (15) Indoor commercial amusement. (c) Rear yards. None, unless adjacent to a residential district, then a 20-foot rear (16) Indoor/outdoor auction with outside stor- setback shall be observed,with [and) a age. six-foot masonry or wood fence shall be The following specific uses when granted in constructed adjacent to the industrial accordance with section 23: district's property line.• (1) Airport, heliport or landing field. (2) Size of lot. (2) Cemetery or mausoleum. (a) Lot area. None specified. (3) Outdoor commercial amusement. ' (b) Lot width. None specified. (4) Golf course, private or public. (c) Lot depth. None specified. (5) Private club, serving alcoholic beverages. (3) Lot coverage. In no case shall more than 50 percent of the lot area be covered by the (6) Junk or salvage yards. main building and accessory buildings. (7) Other manufacturing and industrial uses 20.4. Parking regulations. Required off-street which are within the following categories: parking shall be provided in accordance with the (a) Uses which do not meet the general specific uses set forth in section 24. definition for manufacturing processes (Ord. No. 93-22, § I, 4-13-93; Ord. No. 93-36, § I, may be permitted by the city council 7-27-93; Ord. No. 93-49, § I, 10-26-93; Ord. No. after public hearing and review of the 93-50, § I, 10-26-93; Ord. No. 93-51, § I, 10-26-93) operational characteristics and other pertinent data affecting the Section 21. PD, planned development dis- community's general welfare.Approval tt ict prefix. of uses under this definition shall be General purpose and description. The planned made in accordance with section 23. development district "PD" prefix is intended to CDA:23 • Summary of Council Actions at the November 17, 1998 Meeting Wylie Assisted Living Addition: Final Plat proposed by Cascade Companies,L.L.C. Approved for Construction Southfield Estates: Preliminary Plat proposed by Southfork Development, Ltd. Approved for Preparation of Final Plat Southplace Estates Ph II: Preliminary Plat proposed by Ballpen Venture II, L.P. Approved for Preparation of Final Plat Harvest Bend Addition: Preliminary Plat proposed by Doupharate and Associates, Inc. Approved for Preparation of Final Plat