05-22-2001 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
Tuesday, May 22, 2001
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Conference Room
2000 State Highway 78 North
Wylie, Texas 75098
Action Taken
Rev. John Thornton,Wylie United Methodist Church
A Star•Student Recognition—Character Trait"Accountability"
Presentation to the City Council by Park Master Plan Consultants.
A Wallace Roberts&Todd—Presentation by Ken Howell,Bert Hoffman&Julie Luther.
A Carter-Burgess—Presentation by Julie McCall
A. Approval of the Minutes from the May 8,2001 Regular Meeting.
B. Consider and act upon repealing Ordinance 93-55 prohibiting smoking in the Municipal
Complex and approving regulations prohibiting smoking and the use of tobacco products
in municipal buildings,facilities,and vehicles.
1. Consider and act upon the selection of a Consultant for the preparation of the Park
Master Plan.
TABLED ITEMS—Public Hearings
2. Hold a public hearing to consider and act upon approval of a request for a change in
zoning from Agriculture (A) District to Planned Development (PD) District for Single
Family Residential uses, generally located west of Country Club Road (FM 1378) and
north of McMillen Road (CR 298), being a 99.814 acre tract of land conveyed by deed
from Plano-Wylie Road Limited to Frederick Veninga, trustee as recorded in Volume
8783, Page 628 of the Collin County Deed Records, and being situated in the William
Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. (Zoning Case
2001-02)
3. Hold a public hearing to consider and act upon approval of a request for a Specific Use
Permit for a Commercial Amusement/Indoor, located at 600 North State Highway 78,
being a 0.0413 acre portion of Lots lA and 2A,Block B of the Railroad Addition, City of
Wylie,Collin County,Texas. (Zoning Case 2001-03)
Planning Items
4. Consider and act upon a Final Plat for the Twin Lakes Phase IV Addition, including a
partial waiver of alleys, generally located south and north of Alanis Drive and east of
South Ballard Avenue(FM 2514),to the east of Twin Lakes Phase I,being all of a certain
32.782 acre tract situated in the Allen Atterberry Survey,Abstract No. 23, City of Wylie,
Collin County,Texas.
5. Consider and act upon a waiver of alleys and a Final Plat for the Harvest Bend Phase H
Addition, generally located southeast of Parker Road (FM 2514) and north of the
Harvest Bend Phase I Addition, being all of a certain 16.371 acre tract situated in the
W.D.Penny Survey,Abstract No.696,City of Wylie,Collin County,Texas.
6. Consider and act upon a waiver of alleys and a Final Plat for the Cimarron Estates Phase
I Addition, including variances to the requirements for alleys and thoroughfare
screening, generally north of Brown Street,east of Kreymer Lane and east of the Wylie
Ranch East Phase I Addition, being all of a certain 54.336 acre tract situated in the
Francisco de la Pina Survey,Abstract No.688,City of Wylie,Collin County,Texas.
Public Hearing
7. Hold a public hearing to consider and act upon approval of a request for a change in
zoning from Agriculture (A) District to Industrial (I) District, generally located north of
West Kirby Street (FM 544) and west of Westgate Way, being a 3.66 acre tract situated
in the E.C. Davisdon Survey, Abstract No. 266, City of Wylie, Collin County, Texas.
(Zoning Case 2001-04)
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IN ADDITION TO ANY SPECIFICALLY IDENTIFIED EXECUTIVE SESSIONS, COUNCIL MAY CONVENE
INTO EXECUTIVE SESSION AT ANY POINT DURING THE OPEN MEETING TO DISCUSS ANY ITEM POSTED
ON THIS AGENDA. THE OPEN MEETINGS ACT PROVIDES SPECIFIC EXCEPTIONS THAT REQUIRE THAT
A MEETING BE OPEN. SHOULD COUNCIL ELECT TO CONVENE INTO EXECUTIVE SESSION, THOSE
EXCEPTIONS WILL BE SPECIFICALLY IDENTIFIED AND ANNOUNCED. ANY SUBSEQUENT ACTION, AS A
RESULT OF THIS EXECUTIVE SESSION,WILL BE TAKEN AND RECORDED IN OPEN SESSION.
I CERTIFY THAT THIS NOTICE OF MEETING WAS POSTED ON THIS DAY OF , 2001 AT
5:00 P.M. AS REQUIRED BY LAW IN ACCORDANCE WITH SECTION 551.042 OF THE TEXAS GOVERNMENT CODE AND
THAT THE APPROPRIATE NEWS MEDIA HAVE BEEN CONTACTED. THIS AGENDA IS ALSO POSTED TO THE CITY OF
WYLIE WEBSITE AT WWW.CI.WVIIC.lx.US
CITY SECRETARY/DCS DATE NOTICE REMOVED
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees
must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TDD 972/442-8170.
Page 2 of 2
MINUTES
Wylie City Council
Tuesday, May 8, 2001
Wylie Municipal Complex— Council Chambers
2000 State Highway 78 North
Council Present: Mayor John Mondy, Councilman Joel Scott, Councilman Eric Hogue, Councilman Merrill
Young, Councilman J.C. Worley and Councilman Chris Trout. Councilwoman Reta Allen was absent.
Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,
Finance Director; Claude Thompson, City Planner,and Barbara Salinas,City Secretary.
Councilman Joel Scott was asked to provide the Invocation and Councilman Eric Hogue was asked to
lead the Pledge of Allegiance.
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The Mayor presented the Certificates of Election to Councilman Joel Scott, Place 1 and Councilman Eric Hogue,
Place 3.
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The Mayor administered the Oath of Office to Councilman Joel Scott, Place 1 and Councilman Eric
Hogue, Place 3.
Councilman Eric Hogue made a motion to nominate Councilman Joel Scott as the Mayor Pro Tem.
Councilman Trout seconded the motion. A vote was taken and the motion was approved, 5-0.
Councilwoman Allen absent and Councilman Scott abstained.
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A. Approval of the Minutes from the April 24, 2001.
With the addition of the second by Councilman Young on Page 2, Item 1, Councilman Scott made a
motion to approve the Minutes from the April 24, 2001 regular meeting. Councilman Hogue seconded
the motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen absent.
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1. Consider and act upon repealing Wylie Ordinance Nos. 82-23, 93-17 and 95-26 and
establishing an ordinance to provide regulations for the provision of wrecker service to the
City of Wylie.
Police Chief Jeff Butters addressed this item providing Council a brief background of the intent of the
Ordinance that will provide regulations and provisions of a contracted wrecker service to the City of
Wylie using a competitive bid process.
Minutes of May 8,2001
Wylie City Council
Page 1
Councilman Young made a motion to approve repealing Wylie Ordinance Nos. 82-23, 93-17 and 95-26
and establishing an ordinance to provide regulations for the provision of wrecker service to the City of
Wylie. Councilman Scott seconded the motion. A vote was taken and the motion was approved, 6-0.
Councilwoman Allen absent.
2. Consider and act upon an Ordinance establishing a license agreement with Aerie Network
Services, Inc.
Assistant City Manager, Ms. Mindy Manson addressed this item providing Council with a brief history
of the request, stating that staff had come before Council last month for approval of a Right of Way
agreement for installation of fiber optics within the City's Right of Way. Ms. Manson stated that this
agreement establishes that the City is not liable to Aerie Network for any damages that are not "willfully
or necessarily occasioned".
Councilman Eric Hogue made a motion to approve the Ordinance establishing a license agreement with
Aerie Network Services, Inc. Councilman Trout seconded the Motion. A vote was taken and the
motion was approved, 6-0. Councilwoman Allen absent.
3. Consider and act upon appointment of a board of director to the North Texas Municipal
Water District Board.
City Manager, Anthony Johnson addressed this item stating that Mr. Harry Tibbals has been contacted
and has agreed to serve another two-year term. He provided Council with a brief history of the
necessity and benefit of an experienced board member, for this appointment to the North Texas
Municipal Water District Board. Mr. Marvin Fuller, who also serves this board as the City's
representative, was present and stated that Mr. Tibbals has served the board for approximately ten years.
Councilman Joel Scott made a motion to approve the reappointment of Mr. Harry Tibbals to a two-year
term expiring in May of 2003. Councilman Trout seconded the motion. A vote was taken and the
motion was approved, 6-0. Councilwoman Allen absent.
4. Hold a public hearing to consider and act upon approval of a request for a change in
zoning from Agriculture (A) District to Planned Development (PD) District for Single
Family Residential uses, generally located west of Country Club Road (FM 1378) and
north of McMillen Road (CR 298), being a 99.814 acre tract of land conveyed by deed
from Plano-Wylie Road Limited to Frederick Veninga, trustee as recorded in Volume
8783, Page 628 of the Collin County Deed Records, and being situated in the William
Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. (Zoning Case
2001-02)
City Planner, Mr. Claude Thompson, addressed this item stating that the applicant has made a written
request that Council table this item.
Since the item was advertised for a Public Hearing the Mayor then opened the Public Hearing and asked
that anyone wishing to speak either in favor or opposition of the request to please come forward and
state their name and address for the record and limit their comments to five minutes. There was no
response.
Minutes of May 8,2001
Wylie City Council
Page 2
Councilman Scott then made a motion to table Item No. 4 until the May 22, 2001 meeting and to
continue the public hearing at that time. Councilman Trout seconded the motion. A vote was taken and
the motion was approved, 6-0. Councilwoman Allen absent.
5. Hold a public hearing to consider and act upon approval of a request for a Specific Use
Permit for a Commercial Amusement/Indoor, located at 600 North State Highway 78,
being a 0.0413 acre portion of Lots 1A and 2A, Block B of the Railroad Addition, City of
Wylie, Collin County, Texas. (Zoning Case 2001-03)
City Planner, Mr. Claude Thompson, addressed this item stating that the applicant has made a written
request that Council table this item.
Since the item was advertised for a Public Hearing the Mayor then opened the Public Hearing and asked
that anyone wishing to speak either in favor or opposition of the request to please come forward and
state their name and address for the record and limit their comments to five minutes. There was no
response.
Councilman Scott then made a motion to table Item No. 5 until the May 22, 2001 meeting and to
continue the public hearing at that time. Councilman Hogue seconded the motion. A vote was taken
and the motion was approved, 6-0. Councilwoman Allen absent.
6. Consider and act upon a Final Plat for the Cascades Apartments Wylie Addition,
generally located east of Country Club Road (FM 1378) and south of Parker Road (FM
2514), being all of a certain 12.02 acre tract situated in the James McUlmurry Survey,
Abstract No. 629, City of Wylie, Collin County, Texas, and being a portion of The Cascade
Companies, L.L.C. tract as described in Volume 4607, Page 1881 of the Deed Records of
Collin County, Texas.
City Planner, Claude Thompson addressed this item providing Council with a brief background of the
project. There was a brief exchange of information between Councilman Young and Trout and Mr.
Thompson regarding access, number of units and building height. Councilman Scott then made a
motion to approve the Final Plat for the Cascades Apartments Wylie Addition, generally located east of
Country Club Road (FM 1378) and south of Parker Road (FM 2514), being all of a certain 12.02 acre
tract situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas,
and being a portion of The Cascade Companies, L.L.C.tract as described in Volume 4607, Page 1881 of
the Deed Records of Collin County, Texas. Councilman Hogue seconded the motion. A vote was taken
and the motion was approved, 6-0. Councilwoman Allen absent.
.................................................................................................................................................................................................................................................
There was no participation from those present.
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The captions for the approved Ordinances, Numbers 2001-21 and 2001-22, were then read into the record as
required by City Charter, Article III, Section 13-D.
Minutes of May 8,2001
Wylie City Council
Page 3
With no further business to come before Council,the meeting was adjourned at 6:31 p.m.
John Mondy,Mayor
ATTEST:
Barbara A Salinas,City Secretary
Minutes of May 8,2001
Wylie City Council
Page 4
WYLIE CITY COUNCIL
CONSENT AGENDA ITEM B
May 22, 2001
Issue
Consider and act upon repealing Ordinance 93-55 prohibiting smoking in the Municipal Complex
and approving regulations prohibiting smoking and the use of tobacco products in municipal
buildings, facilities, and vehicles.
Background
In December 1993, Ordinance 93-55 was adopted prohibiting smoking in the Municipal Complex,
the courtyard, and within 30' of the west, south, and east exterior walls of the building.
The proposed new ordinance has two purposes. One, to more broadly address the health, safety,
and welfare of citizens and city employees; and two, to promote a professional appearance of
employees and those conducting businesses within municipal facilities. The proposed amendments
include:
(1) prohibiting smoking and the use of all tobacco products in all municipal facilities,
including the courtyard of the Municipal Building; and
(2) prohibiting smoking and the use of all tobacco products within City vehicles.
Other Considerations
N/A
Financial Consideration
N/A
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends approval.
Attachments
Ordinance
(a/ii• "L. At._AO-
Prepa d by evie e by Finance City Mana/Approval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE 93-55 OF THE CITY OF WYLIE, TEXAS, PROHIBITING THE
SMOKING OR POSSESSION OF BURNING TOBACCO PRODUCTS AND
ALL OTHER TOBACCO PRODUCTS IN CERTAIN PUBLIC AREAS;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE MAXIMUM
SUM OF A CLASS C MISDEMEANOR; PROVIDING A PENALTY CLAUSE,
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes the right and need of those who wish to breathe
smoke-free air and finds and declares that smoking of tobacco, tobacco related products and tobacco
substitutes, fillers and other plants or weeds is hazardous to the health of the general public.
Accordingly it has been determined that the health, safety and welfare of the residents and
employees of the city be furthered by the regulation of smoking in enclosed places and places of
employment; and
WHEREAS, the City Council recognizes that the use of other tobacco products is an
imminent health hazard and leads to unsanitary and deleterious conditions within public buildings
within the city as well as within the work place; and
WHEREAS, the City Council further recognizes the importance of professional conduct
within city facilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1. That Chapter 74, Section 74-2, "Smoking in the Municipal Complex" be
repealed, and Chapter 74, Section 74-2 of the Wylie Code of Ordinances be hereby amended to
provide for the prohibition of smoking and tobacco products in City buildings, facilities, and
vehicles, to read as follows:
"SECTION 74-2. Smoking and Use of Tobacco Products in Municipal
Buildings, Facilities, and Vehicles.
(1) DEFINITIONS. As used in this ordinance the following terms shall have the
following meaning unless their content clearly indicates a different meaning
intended.
"City Building" means any building or facility owned, operated or leased by the City
of Wylie, Texas.
"City Vehicle" means any vehicle owned, leased or operated by the City of Wylie.
"Smoke or Smoking" means the act of burning any tobacco product, weed, filler or
plant of any kind. Any cigarette, cigar, pipe, hookah or water pipe or any other
device.
"Tobacco Product" means cigarette, cigar smoking, including any granulated, plug-
type, crimp cut, ready rug or any form of tobacco suitable for smoking in a pipe or
cigarette, or chewing tobacco, includes cavendish twist, plug, scrap or any kind of
tobacco or tobacco derivative suitable for chewing, snuff or preparation of
pulverized tobacco and any other article or product that is made of tobacco or having
or containing a tobacco product.
(2) USE IN CITY FACILITIES.
No person may smoke or use any tobacco product in any City Facility, except as
provided herein. Enclosed City buildings or facilities shall be subject to the pertinent
provisions of this ordinance with no exception. Any persons at any city facility may
use tobacco products or otherwise smoke tobacco products only at an area designated
by the City Manager or his designee, provided that no city employee shall go into
such area to smoke except during authorized breaks or lunch periods.
(3) USE IN CITY VEHICLES.
No person shall, at any time smoke or use any tobacco product, as defined herein, in
any or while using any city vehicle.
(4) POSTING OF SIGNS.
Any smoking or tobacco use sign or no use tobacco signs with letters of not less than
one inch in height shall be conspicuously posted in every room, building or other
place where smoking or the use of tobacco is controlled by this ordinance, by the
owner, or by the city and/or person having control of such premises. Such signs may
have additional or different wording to explain the applicable rule in a particular
area, room or location.
(5) ENFORCEMENT PROCEDURES, INFRACTIONS AND PENALTIES.
(a) The City has the right to inform persons violating this ordinance that
they shall be guilty of a Class C misdemeanor.
(b) Any citizen who wishes to register a complaint hereunder may initiate
enforcement through the municipal court.
(c) Enforcement shall be implemented by the city manger or through a
city staff person designated by him. Such person shall have authority to issue
persuasive letters or citations based upon reasonable cause in a manner most suitable
to the particular incident."
SECTION 2. SEVERABILITY. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this ordinance which can be given effect without the invalid provisions
or application, and to this end the provisions of this ordinance are severable.
SECTION 3. PENALTY. Any person, firm or corporation violating any provision of this
ordinance shall be guilty of a Class C misdemeanor. Any person violating any provision of this
ordinance may, in addition to a fine or in lieu of a fine, be given such terms of probation as
appropriate by a Court of competent jurisdiction. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 22nd day
of May, 2001.
John Mondy, Mayor
City of Wylie
ATTEST:
Barbara Salinas, City Secretary
City of Wylie, Texas
WYLIE CITY COUNCIL
AGENDA ITEM NO. I.
May 22, 2001
Issue
Consider and act upon the selection of a Consultant for the preparation of the Park Master Plan.
Background
The existing Park Master Plan was adopted by the City Council in January 1996. The Plan has
been actively utilized since that time to determine the future location for park and recreation
facilities in the community. The Master Plan serves as the basis for the decisions regarding the
review of new development to determine if the developer is to provide parkland dedication or to
pay fees in lieu of dedication.
Two consulting firms, Wallace Roberts & Todd and Carter-Burgess, will be making presentations
to the Council during a worksession. Major elements of the plan will include identification of
existing inventory, a needs analysis, and recommendations for plan implementation.
Other Considerations
N/A
Financial Consideration
Funding for the preparation of the Park Master Plan was approved as a mid-year budget
amendment, and is supplied through the 4B 1/2 cent sales tax proceeds.
Board/Commission Recommendations
N/A
Staff Recommendations
N/A
Attachments
N/A
Prep d by Rev' ed by Finan e City a age proval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 2i
May 22, 2001
Issue
Hold a public hearing to consider and act upon approval of a request for a change in zoning from
Agriculture (A) District to Planned Development (PD) District for Single Family Residential uses,
generally located west of Country Club Road (FM 1378) and north of McMillen Road (CR 298),
being a 99.814 acre tract of land conveyed by deed from Plano-Wylie Road Limited to Frederick
Veninga, trustee as recorded in Volume 8783, Page 628 of the Collin County Deed Records, and
being situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County,
Texas. (Zoning Case 2001-02)
At their May 8, 2001 meeting, the City Council tabled consideration of this request until their
May 22, 2001 meeting.
Background
The applicant is requesting rezoning of the subject property in order to develop a single-family
residential subdivision. The subject property contains a total of 99.814 acres of land, and fronts
approximately 1,662 feet along Country Club Road. The property is unplatted and is zoned for
Agriculture (A) uses.
The property to the north of the tract is zoned Planned Development District for Single Family
Residential uses (PD 99-31) and is developing as the Riverchase Addition Phase Two with minimum
lots of 7,200 square feet (although most exceed 8,000 sq. ft.). The property to the east across
Country Club Road is zoned Single Family Residential-2 (SF-2) and currently developing as the Quail
Meadow Addition with minimum lots of 8,500 square feet (although most exceed 9,000 sq. ft.), and
Single Family Attached (SF-A)which is currently undeveloped. The adjoining property to the south
is undeveloped and zoned for Agriculture(A)uses. The property to the west is undeveloped and is
within unincorporated Collin County but is within Wylie's Extraterritorial Jurisdiction.
Public Comment Forms were mailed to fifteen(15) property owners within 200 feet of this property.
One Public Comment Form has been returned in favor of the request.
Financial Considerations
The rezoning application fee has been paid. The applicant is aware that the property must be platted
and impact fees paid prior to initiation of development.
Other Considerations
1. The Comprehensive Plan recommends Suburban Residential uses for this property. Suburban
Residential is defined by the Plan as allowing single family detached houses on lots ranging in size
from a minimum area of 8,500 square feet to one acre, served by urban streets with curbs and
gutters and sidewalks. Dwelling units must also be within 3,000 feet walking distance of the
retail/institutional village Center and provide clearly defined, effective pedestrian linkages to it.
The requested zoning change is generally consistent with these recommendations of the Future
Land Use Plan.
2. However, the recently revised Residential District provisions of the Zoning Ordinance classifies
single family residential lots of 8,500 square feet within the Village Residential Districts, which
are intended to be located more immediately adjacent to the nonresidential Village Centers
(suggesting that no dwelling be more than 1,300 feet distance). Suburban Residential Districts
within the new Zoning requires lots of 10,000 square feet or larger. Neither the distance of the
property from the nearest village retail center(on Country Club Road at McMillen Road) nor the
proposed lower density of the subject request is consistent with this intent of the Zoning
Ordinance.
3. The newly adopted Residential District Provisions of the Zoning Ordinance establish a flexible
point system with which all developments must comply in order to obtain approval for
construction. These provisions list certain Base Design Standards which all developments must
meet, and provide several optional Desirable Design Standards from which the developer may
choose in meeting a given required total number of points before a development may be approved
for construction. The following compares the proposed special development requirements of the
Planned Development District with standard provisions of the Zoning Ordinance.
a. The minimum lot size proposed by the PD is approximately 9,125 square feet, compared
to the 8,500 square feet minimum required by the ZO.
b. The minimum house size proposed by the PD is 2,000 square feet, compared to the 1,700
square feet required by the ZO.
c. The PD proposal includes some curvilinear streets, which are Desirable elements for
which points are achieved within the new ZO criteria.
d. The PD proposes a landscaped entry feature with landscaped street median as well as a
20 feet wide exterior landscape and lighted buffer for the sidewalk linking the
development to the Village Center, which are Desirable elements for which points are
achieved within the ZO.
e. The PD proposes a Mandatory Homeowners Association for maintenance of all open
space and landscaping, whereas HOAs are not a consideration of the ZO (although such
are logically required for maintenance of desired common areas).
f The PD proposes 8.5 feet wide interior side yard setbacks and fifteen feet side yards
adjacent to streets, whereas the ZO now requires 10 feet for interior side yards and
twenty-five feet for side yards adjacent to streets.
4. The only change in the lot configuration requirements between the old SF-2 District and the new
SF-8.5 is an increase in the minimum required side yard from seven feet to ten feet. The direct
consequence of this change is the decrease in the width of the house building pad in favor of
increased side yard open space. The applicant has stated that the development will conform to
or exceed all requirements of the new SF-8.5 District except for the side yard width, and is
proposing the PD for the primary reason of allowing this change in the side yard regulation. He
states that the wider house front allowed by the narrow side yard is required by builders of larger
houses and desired by buyers of these larger dwellings, and is therefore an industry standard.
5. The lot sizes, yard setbacks and house sizes of the proposal are consistent with development
trends on adjacent properties.
6. Funds will be paid to the City in lieu of land to satisfy the park dedication requirements, in order
to avoid the proliferation of small park sites which are less efficient for recreational use and more
costly to maintain. A small amenity center will be operated and maintained by the HOA.
7. The stated function of Planned Development Districts is"to permit flexibility in the use and design
of land and buildings in situations where PD modification of specific provisions of the Zoning
Ordinance are not contrary to its intent and purpose or significantly inconsistent with the planning
on which it is based and will not be harmful to the neighborhood." The proposed PD is obviously
primarily intended to achieve a variance of the required side yard setback and offers no flexibility
or innovation greater than that provided by the standard requirements of the Zoning Ordinance.
Board/Commission Recommendations
At the April 17, 2001 Planning and Zoning Commission meeting, the Commission voted 4-1 to
approve the zone change request with the stipulation that the lot widths be changed to 73' and the
side yards be changed to 8.5'.
Staff Recommendations
Denial. Although the proposal is consistent with the Comprehensive Plan, the requested reduction
in side yard width will not create the image of wider lots with greater open space between narrower
houses which the recent revisions of the Zoning Ordinance are intended to create. The proposed
Conditions of the PD offer little innovation other than the options offered by the provisions of the
ZO.
The Departments of Development Services, Public Works, and Fir concur with this recommendation.
Attachments
Ordinance
Exhibit "A" - Conditions of the Planned Development District (attached to Ordinance)
Concept Plan
.h/All _
Prepar:d by Revi d by Financ City Manger ;'•proval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING'1'HE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF WYLIE, AS HERETOFORE AMENDED,
SO AS TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY, COUNTRY RIDGE ESTATES -
ZONING CASE NUMBER 2001-02 TO PD, PLANNED
DEVELOPMENT DISTRICT CLASSIFICATION;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of
the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally
and to owners of the affected property, the governing body of the City is of the opinion and finds that
the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is
hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described
property a new zoning classification of PD, Planned Development District Classification, said
property being described in Exhibit "A and B" attached hereto and made a part hereof for all
purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting
of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or
is hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall
it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at
the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 2001.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
EXHIBIT "A"
CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT
COUNTRY RIDGE ESTATES
WYLIE, TEXAS
General Conditions:
1. This Planned Development District shall not affect any regulation found within the Code of
Ordinances, except as specifically provided herein.
2. All regulations of SF-8.5 District set forth in Article 2, Section 3.3 A.3 of the Comprehensive
Zoning Ordinance (adopted as of July 25, 2000) are included by reference and shall apply except
as provided herein.
Special Conditions:
1. The side yard setback shall be not less than eight and one-half(8 1/2)feet on each side. A side yard
adjacent to a street shall be not less than fifteen (15) feet.
2. Mandatory Homeowners Association.
3. All open space and landscape to be maintained by the Homeowners Association.
4. Minimum house square footage shall be 2,000 square feet.
5. Twenty-foot landscape buffer with a four-foot walk.
6. Landscape entry feature with landscape median.
7. Minimum lot width of seventy-three (73) feet at the building lot.
WYLIE CITY COUNCIL
AGENDA ITEM NO. A .
May 22, 2001
Issue
Hold a public hearing to consider and act upon approval of a request for a Specific Use Permit for
a Commercial Amusement/Indoor, located at 600 North State Highway 78, being a 0.0413 acre
portion of Lots 1 A and 2A, Block B of the Railroad Addition, City of Wylie, Collin County, Texas.
(Zoning Case 2001-03)
At their May 8th meeting, the City Council tabled consideration of this request until their May
22, 2001 meeting.
Background
The applicant is requesting a Specific Use Permit (SUP) in order to install and operate an Indoor
Commercial Amusement (video game room) in approximately 1,800 square feet of leased space
within an existing retail center. The applicant anticipates operation of up to forty-five video games,
as well as various service-products vending machines.
Although the complex has been developed and operated as a unified retail center(First Wylie Center),
it has never been platted as a single or separate parcel of record, and the center occupies Lots 1 A,
lB and 2A of the Railroad Addition. The subject property is platted as Lots 1A and 2A.
The subject property is zoned for Retail (R)uses. Indoor and Outdoor Commercial Amusements are
allowed within the Retail District with an approved Specific Use Permit. The SUP is intended to
establish development and operational conditions for the specific site and use which assure that the
operation is "harmonious and adaptable to building structures and uses of abutting property".
Public Comment Forms were mailed to fourteen(14)property owners within 200 feet of the request.
Eight Comment Forms have been returned, seven (or 50%) were in opposition to the request.
Section 211.006(d) of the Local Government Code requires the affirmative vote of at least three-
fourths of all members of the governing body to approve a proposed change in zoning when such
change is protested by at least 20% of the land owners within the 200 feet notification area.
Financial Considerations
The rezoning application fee has been paid. The applicant is aware of the City of Wylie's annual
Coin-Operated Machine Tax of$7.50 per machine.
Other Considerations
1. On-site parking is not sufficient to serve both the proposed game room and the current tenants
of the retail center. There are 69 existing parking spaces within the center, and the current
tenants require 62 spaces. The proposed game room will require an additional 30 spaces. (See
attached Analysis of On-Site Parking).
2. The retail center has four drives for access/egress onto State Highway 78 and one onto Fifth
Street. The close proximity of these drives does not comply with current design standards, and
creates the potential for vehicular circulation conflicts both within the center's parking lots and
on S.H. 78. The significant additional traffic generated by the proposed game room will
aggravate this conflict.
3. The proposed conditions of the Specific Use Permit establish specific limits of the operation,
including maximum floor area and number of machines, currency exchange and prize redemption,
time of operation and age of participants.
4. State Law requires the affirmative vote of at least three-fourths of all Council members to
approve the change in zoning because at least 20% of the land owners within the notification area
have protested the change and because the Planning & Zoning Commission has recommended
denial.
Board/Commission Recommendations
At the April 17, 2001 Planning and Zoning Commission meeting, the Commission voted 5-0 to deny
the Specific Use Permit request due to insufficient parking.
Staff Recommendations
Denial. There is insufficient on-site parking to support the proposed use.
The Departments of Development Services, Public Works, and Fire concur with this
recommendation.
Attachments
Analysis of On-Site Parking at First Wylie Center
Ordinance
Exhibit "A" - Conditions of the Specific Use Permit and Site Plan (attached to Ordinance)
/ lei 1 .�.�
Prepares by evie er by Finance City Mal pproval
ANALYSIS OF ON-SITE PARKING AT FIRST WYLIE CENTER
USE REQUIRED PARKING
BUILDING 1
Cleaners 2,025 s.f. @ 1/200 10
Donuts 11 seats @ 1/3 4
Barber 900 s.f. @ 1/200 5
Tobacco 675 s.f. @ 1/200 3
22
BUILDING 2
Restaurant 84 seats @ 1/3 28
Pizza 7 seats @ 1/3 2
Tax 675 s.f. @ 1/300 2
[Game Rm 1,800 s.f. @ 30] [30]
32 or [62]
BUILDING 3
Clothing 1,950 s.f. @ 1/400 5
Pizza 0 seats 0
5
BUILDING 4
Plumbing 1,024 s.f. @ 1/300 3
Vacant 2,144 s.f. 0
3
TOTAL PARKING REQUIRED = _
62
TOTAL PARKING PROVIDED 69
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF WYLIE, AS HERETOFORE AMENDED,
SO AS TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY, ZONING CASE NO. 2001-03 TO
R(S), RETAIL DISTRICT CLASSIFICATION WITH A
SPECIFIC USE PERMIT FOR INDOOR COMMERCIAL
AMUSEMENTS; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of
the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally
and to owners of the affected property, the governing body of the City is of the opinion and finds that
the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is
hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described
property a new zoning classification of R(s), Retail District Classification with a Specific Use Permit
for a private club serving alcoholic beverages, said property being described in Exhibit "A" attached
hereto and made a part hereof for all purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting
of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or
is hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall
it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at
the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 2001.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
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WYLIE CITY COUNCIL
AGENDA ITEM NO. A
May 22, 2001
Issue
Consider and act upon a Final Plat for the Twin Lakes Phase IV Addition, including a partial waiver
of alleys, generally located south and north of Alanis Drive and east of South Ballard Avenue (FM
2514), to the east of Twin Lakes Phase I, being all of a certain 32.782 acre tract situated in the Allen
Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas.
Background
The Final Plat for Phase IV of the Twin Lakes Addition includes 32.782 acres and will create a total
of 103 lots. On April 24, 2001, following a recommendation of denial by the Planning and Zoning
Commission, the City Council denied approval of a Final Plat of the Phase IV addition because it did
not include alleys. Section 2.9 of the Paving Standards states that "Alleys shall be required in all
residential areas and shall be paved with concrete. The City Council may waive the residential
requirement upon determination by the Council that it is in the best interest of the City."
The portion of the subject Phase IV addition which is north of Alanis Drive is zoned Single-Family
Residential — 3 (SF-3) and creates 35 lots of a minimum size of 7,200 square feet. These lots are
adjacent to Phase III of the Twin Lakes Addition which was constructed, accepted by the City
Council and filed with the County in November of 2000 without alleys. On May 1, 2001, the
Planning and Zoning Commission recommended approval of a waiver of alleys for these 35 lots north
of Alanis because the addition of alleys would be inconsistent with the existing development of the
neighborhood street which these lots complete, and utilities and drainage have been appropriately
addressed in easements.
The portion of the subject addition which is south of Alanis Drive is zoned Single-Family Residential
—2 (SF-2) and creates 68 lots of a minimum size of 8,500 square feet. Most lots significantly exceed
these required minimums. No alleys are provided to serve the 21 lots in Block N back onto a 90-foot
wide drainage easement and open channel. Neither the 1987 nor the 1998 approved Preliminary Plats
anticipated alleys for these lots.
Phase I of the Twin Lakes Addition was initially platted and developed prior to 1987, and that phase
incorporated alleys. A Preliminary Plat for Phase II, which includes the area currently under
consideration as Phase IV, was approved in 1988, but no final plats were approved and no further
development occurred at that time beyond the Phase I. Another version of a Phase II Preliminary Plat
for the overall tract, very similar to the 1988 version, was approved by the City Council in February
of 1998. That 1998 Preliminary Plat included alleys throughout the entire addition except for those
backing along the drainage channel.
However, two subsequent Phases of the Twin Lakes Addition have been approved and developed
without the required alleys. A smaller Phase II was completed in August of 1998 and Phase III was
completed in November of 2000. The public infrastructure was accepted by the City and Final Plats
were filed with the County for both Phase II and III with no alleys.
Financial Considerations
Plat application fees—Paid
The applicant is aware that development impact fees must be paid before a Final Plat can be filed with
Collin County. Water: $72,100 Sewer: $145,436
Other Considerations
1. Section 212.005 of the Texas Local Government Code states that "the municipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations".
Section 212.009(a) states that"the municipal authority responsible for approving plats shall act
upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the
municipal unless it is disapproved within that time period".
2. The Final Plat does substantially conform to the approved 1998 Preliminary Plat, except for the
absence of alleys in the portion north of Alanis for which the Planning and Zoning Commission
has recommended a waiver of the alley requirement. The Plat also complies with all applicable
technical requirements of the City of Wylie.
3. The normal functions of alleys, drainage and public and private utilities, are adequately
accommodated in easements.
Board/Commission Recommendations
At the May 15, 2001 Planning and Zoning Commission meeting, the Commission voted 7-0 in favor
of the Final Plat.
Staff Recommendations
Approval. Drainage and utility functions are adequately accommodated by other measures. The
Departments of Development Services, Public Works and Fire concur with this recommendation.
Attachments
Applicant's letter requesting waiver of alleys
Final Plat
r. s,
i�11 • _ter,„ 6A.�. 9
Prepar,d by ♦ Revie ,y Finance City Man proval
Apr 24 01 01 : 53p ZENA 8174216910 p. 2
iMlizgNA
vsof,
April 26, 2001
Mr. Claude Thompson
Director of Planning
City of Wylie
2000 Ilwy. 78 North
Wylie, Texas 75098
Re: Twin Lakes, Ph IV
Partial Alley Waiver
Dear Claude,
Please accept this letter as my formal request for an "Alley Waiver" to accompany
our Plat to be placed on the Planning & Zoning agenda for May 1st, 2001 for a
portion of our proposed Twin Lakes Phase Four development. Lena Land
Development is requesting the consideration of an Alley Wavier for lots 16 thru
30, block L.; and lots 78 thru 97, block E. This portion of Phase Four is located
north of Alanis Blvd. as shown on Exhibit attached.
I respectfully request your assistance in placing this item on the P&Z agenda. If
you should have any questions please contact me at (817) 269-8528.
Sincerely,
Zerra Lan velg.7ent LP
Robert J. etancur
Director of Development and Construction
P.O. Box 92864, Southlake,Texas 76092
Metro(817)424-1392 Fax (8171 421-6910
Apr 24 01 01 : 53p ZENA 8174218310 p. 3
C0r11N ENGINEERING PAGE 02
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WYLIE CITY COUNCIL
AGENDA ITEM NO. ___6_,_
May 22, 2001
Issue
Consider and act upon a waiver of alleys and a Final Plat for the Harvest Bend Phase II Addition,
generally located southeast of Parker Road (FM 2514) and north of the Harvest Bend Phase I
Addition, being all of a certain 16.371 acre tract situated in the W.D. Penny Survey, Abstract No.
696, City of Wylie, Collin County, Texas.
Background
The Final Plat for Phase II of the Harvest Bend Addition includes 16.371 acres and will create 67 lots.
The property is zoned Single-Family Residential —3 (SF-3), requiring a minimum lot size of 7,200
square feet.
The Preliminary Plat for the overall Harvest Bend Addition was approved by the City Council in
October of 1998. A Final Plat for Phase I was approved by the Council and filed with the County
in May of 2000, and is currently being developed for Single-Family— 3 Residential (SF-3) lots of a
minimum 7,200 square feet. That 1998 Preliminary Plat did not include alleys and Phase I was
accepted and is being developed without alleys.
The development of Phase I of Harvest Bend required a significant amount of off-site sanitary
sewerage, including the construction of an additional pump station, at the expense of the developer,
because the City system was inadequate to support the development at the time. This additional
system is, in part, already installed within the street rights-of-way to be created and dedicated to the
City within the subject Phase II. The pump station is to be dedicated to the City as Lot 19A of Block
B of the Phase II.
Section 2.9 of the Paving Standards states that "Alleys shall be provided in all residential areas and
shall be paved with concrete. The City Council may waive the residential alley requirement upon
determination by the Council that it is in the best interest of the City."
The applicant contends that the City Council specifically granted a waiver of alleys for both Phases.
However, neither the City staff nor the applicant has been able to document the issuance of such an
alley waiver.
The applicant is requesting a waiver of the alley requirement and approval of the subject Final Plat
of Phase II.
Financial Considerations
Plat application fees—Paid
The applicant is aware that development impact fees must be paid before a Final Plat can be filed with
Collin County.
Other Considerations
1. The Final Plat substantially conforms to the approved Preliminary Plat, including the lack of
alleys. However, as submitted without alleys, the Plat does not comply with the Subdivision
Regulations of the City of Wylie.
2. Alleys were not anticipated in either the approved overall Preliminary Plat which includes the
subject phase or the accepted and filed Final Plat for Phase I. It is the conclusion of staff, that
the addition of alleys at this stage of review, while required by the code, will be contrary to the
spirit and philosophy of the earlier reviews and approvals and will result in a significant reduction
in the number of lots created by this Phase, as well as the disruption of the water and sanitary
sewer facilities already installed, and will thereby create an undue hardship on the City as well as
the applicant.
3. Both public and private utilities, drainage and vehicular access/egress, functions normally
accommodated by alleys, are adequately accommodated within streets, easements or by other
means for the subject development. Therefore, alleys are not needed.
4. Section 5.03 of the Subdivision Regulations requires that residential lots backing onto a dedicated
roadway be screened. This requirement will be accomplished by the installation and maintenance
of a living screen on private properties, in compliance with a condition incorporated into the
Council's approval of the Preliminary Plat.
Board/Commission Recommendations
At the May 1, 2001 Planning and Zoning Commission meeting, the Commission voted 6-0 to approve
the Final Plat and alley waiver with the following stipulations:
• The perimeter screen note be revised to require that an 8-foot wood board or board fence
between masonry columns, spaced approximately 100-feet on center be installed to the inside of
the live screen hedge, and that the live screen be other than Red Tip Photinia.
• Both fence and hedge to be located on private property and installed by the developer and
maintained by the private property owner.
Staff Recommendations
Approval of the Final Plat as submitted without alleys. The Plat is consistent with the approved
Preliminary Plat and with the extension of Phase I, and utilities and drainage are appropriately
accommodated by means other than alleys.
The Departments of Development Services, Public Works and Fire concur with this recommendation.
Attachments
Applicant's letter requesting waiver of alleys
Final Plat
Prepay•d by Rev' d by finance City Man e proval
FROM : DAI FAX NO. : 9727719005 Apr. 24 2001 01:25PM P2
DOUPHRA'I'E & ASSOCIATES, INC.
F'NGINEERING PRO)f:CTMANAGEMENT SURVEY'lNG
3235 RIDGI•.ROAD SUITE 200 ROCKW ALL, TEXAS 73087 TEL 97'2 271.4004 FAX 972771.9005
April 23, 2001
Mr. Claude Thompson
Planning Director
2000 Highway 78 North
Wylie,Texas 75098
Re: Harvest Bend Phase JI Final Plat
Mr. Thompson:
For your information, our office received the comments provided by the Development
Review Committee with regards to the Harvest Bend Phase 11 final plat submission.
Our client, B Fi D Land, L.C./Harlan Properties Inc., respectfully request a waiver to the
following comments:
1. Revise the plat to include alleys
2. Construct a screening wall along FM-2314 frontage
The reasons why these waivers are being requested arc as follows:
1. Harvest Bend Phase iI Final Plat is identical to the preliminary plat which has been
approved by the City Council and filed of record with the City's planning
department.
2. The engineering design for both Phase I and II has been completed and approved by
the City's staff.
3. As part of the utility sanitary sewer design,our staff worked in conjunction with the
City's Staff to construct an offsite sanitary sewer line, so that both Phase I and JI
would be served adequately with the present design and lot layout. Changing the lot
configuration could adversely affect the sanitary sewer presently in operation.
4. When the property was originally preliminary platted alleys were never a
consideration with. the City Staff or Developer. Alleys, therefore, were not a
requirement to complete the project. The Developer would never have started the
project had alleys been a requirement.
FROM : DA1 FAX NO. : 9727719005 Apr. 24 2001 01:27PM P3
5. It was the Developer's instruction from the City's staff that a live screening wall
was allowed and acceptable with both Phase I and II. Again, a masonry screening
wall request was never discussed as a requirement of the City Staff and therefore
never budgeted for this project.
In summary, your consideration of these waivers would be greatly appreciated.
Should any questions arise regarding this matter please call.
Sincerely,
.,,,.
W. L. ouphrate tl, P.E.
cc: Bill Wait
WYLIE CITY COUNCIL
AGENDA ITEM NO. .
May 22, 2001
Issue
Consider and act upon a waiver of alleys and a Final Plat for the Cimarron Estates Phase I
Addition, including variances to the requirements for alleys and thoroughfare screening, generally
north of Brown Street, east of Kreymer Lane and east of the Wylie Ranch East Phase I Addition,
being all of a certain 54.336 acre tract situated in the Francisco de la Pina Survey-Abstract No. 688,
City of Wylie, Collin County, Texas.
Background
The Final Plat for Phase I of the Cimarron Estates Addition includes 54.336 acres and will create 165
lots. The property is zoned Single-Family Residential — 2 (SF-2), requiring a minimum lot size of
8,500 square feet.
The Preliminary Plat for the overall Cimarron Estates Addition was approved by the City Council in
January of 2001. The subject Final Plat substantially conforms to the earlier approved Preliminary
Plat.
Section 2.9 of the Paving Standards states that "Alleys shall be provided in all residential areas and
shall be paved with concrete. The City Council may waive the residential alley requirement upon
determination by the Council that it is in the best interest of the City." Alleys are provided
throughout the proposed addition, except for those lots which back on to Brown Street and those
which back on to the business-zoned properties fronting new State Highway 78. A recommendation
of approval of the Plat as submitted will constitute a recommendation of a waiver of the required
alleys for Lots 1 through 8 of Block K, Lots 35 through 42 of Block J and Lots 17 through 42 of
Block F.
Section 5.03 of the Subdivision Regulations states that "Where subdivisions are platted so that the
rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening
at his sole expense." The required screening will be located on the private lots. In order to provide
a unified screen, the applicant has agreed to construct masonry columns at the front/side building lines
of lots siding on to Anson Parkway so that individual fences may be affixed to these, and to connect
the columns across the cul-de-sacs with wrought iron fencing. The applicant has indicated agreement
to install a wood fence along Brown. A recommendation of approval of the Plat as submitted will
constitute a recommendation that the required screening be provided as described above.
Financial Considerations
Plat application fees—Paid
The applicant is aware that development impact fees must be paid before a Final Plat can be filed with
Collin County.
Other Considerations
• The Final Plat substantially conforms to the approved Preliminary Plat. However, as submitted
without alleys to serve all lots, the Plat does not comply with the Subdivision Regulations of the
City of Wylie. The Plat complies with all other requirements of the code.
• The waiver of alleys, as well as the provision of unified screening of lots backing and siding on
to thoroughfares, will be made a condition of approval of the Final Plat as submitted.
Board/Commission Recommendations
At the May 1, 2001 Planning and Zoning Commission meeting, the Commission voted 6-0 to approve
the Final Plat.
Staff Recommendations
Approval of the Final Plat as submitted, including as conditions of approval the waiver of alleys
serving Lots 1 thru 8 of Block K, Lots 35 thru 42 of Block J and Lots 17 thru 42 of Block F, and the
provision by the developer of a wood screen fence along Brown and masonry columns and wrought
iron fencing at the cul-de-sacs abutting Anson.
The Departments of Development Services, Public Works and Fire concur with this recommendation.
Attachments
Final Plat
AIL irke.0
Prepare. by Revi d by Finance City Man pproval
WYLIE CITY COUNCIL
AGENDA ITEM NO. tr.
May 22, 2001
Issue
Hold a public hearing to consider and act upon approval of a request for a change in zoning from
Agriculture (A)District to Industrial (I) District, generally located north of West Kirby Street (FM
544) and west of Westgate Way, being a 3.66 acre tract situated in the E.C. Davisdon Survey,
Abstract No. 266, City of Wylie, Collin County, Texas. (Zoning Case 2001-04)
Background
The applicant is requesting rezoning of the subject property in order to relocate his business to the
subject site. The applicant has stated that initially he will restore and utilize the existing house for
office uses and the barn for storage of equipment used in his business. He states that he intends
ultimately to construct a new office/warehouse on the property.
The subject property is not platted and is zoned for Agriculture (A) uses. There is an existing but
vacant house and barn on the property. It contains 3.66 acres, and fronts 215 feet along W. Kirby
Street and backs to the railroad right-of-way.
The adjoining property to the east of the subject tract is unplatted, undeveloped and zoned Industrial
(I) uses. The property to the west is zoned for Agriculture(A)uses and is undeveloped and occupied
by an extensive floodplain which limits development potential. The property to the north, across the
railroad corridor, is undeveloped and zoned for Agriculture (A) uses. The property to the south
across W. Kirby Street is zoned Industrial (I) and is developed for such uses (Sanden).
Public Comment Forms were mailed to ten (10) property owners within 200 feet of this request.
Four Public Comment Forms have been returned, and all were in favor of the request.
Financial Considerations
Rezoning application fee - Paid
Other Considerations
1. The Future Land Use Plan of the Comprehensive Master Plan recommends Business Center uses
for the subject property. The Plan defines this new Business Center as accommodating
"professional office and clean manufacturing/assembly". The applicant intends to use the property
for the central office of his business, the nature of which takes his service to outlying work sites
with little or no traffic to or from the office. All equipment will be stored inside the renovated
barn. The proposed use conforms to the recommendations of the Comprehensive Plan.
2. The proposed office/warehouse use is more compatible to the heavy traffic of the W. Kirby
corridor than would be alternative professional services offices and retail uses.
3. The subject property was once under single ownership with the tract to the west, which is
occupied by a development-limiting floodplain, and to the north, separated by the rail corridor.
These constraints limit the coordinated development of the original larger tract as a whole.
4. Approval of a site plan and plat is required before an occupancy permit can be issued.
Board/Commission Recommendations
At the May 1, 2001 Planning and Zoning Commission meeting, the Commission voted 5-1 to approve
the zone change request.
Staff Recommendations
Approval of the rezoning. The proposal is consistent with the mixed-use intent of the Business
Center category of the Comprehensive Master Plan as well as the existing industrial uses of the
adjacent properties.
The Departments of Development Services, Public Works, and Fire concur with this
recommendation.
Attachments
Location Map
Ordinance
' Al
-
Prep. ed by ' evi, by Finance City Mana er proval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF WYLIE, AS HERETOFORE AMENDED,
SO AS TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY,ZONING CASE NUMBER 2001-04,
TO I, INDUSTRIAL DISTRICT CLASSIFICATION;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of
the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally
and to owners of the affected property, the governing body of the City is of the opinion and finds that
the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is
hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described
property within the City of Wylie a zoning classification of B-1, Business (Parcel 4), and I, Industrial
(Parcels 1 & 3) District Classification, said property being described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting
of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or
is hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance
as a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall
it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at
the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 2001.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
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LOCATION MAP
ZONING BOARD CASE #7
_001 _04
GLAST, PHILLIPS & MURRAY
A PROFESSIONAL CORPORATION
ATTORNEYS AND
COUNSELORS 2200 ONE GALLERIA TOWER DOWNTOWN DALLAS
13355 NOEL ROAD,L.B.48 (214)220-3128
DALLAS,TEXAS 75240-6657
DONALD O.WALSH (972)419-8300 HOUSTON
dwalshegpm-law.com TELECOPIER(972)419-8329 (713)237-3111
May 15, 2001
VIA FACSIMILE NO. 972-442-8154
Ms. Lisa Price
City of Wylie
2200 Highway 78 North
Wylie, Texas 75098
Dear Ms. Price:
This will confirm the substance of my telephone request for information. Please provide me
with the following information concerning the City's Paving Standards as soon as possible:
1. The date the Paving Standards were adopted.
2. The manner of adoption(i.e., resolution, ordinance, order, etc.)
3. Whether or not there was any public hearing concerning the standards prior to
adoption.
4. Whether there was any published notice prior to the hearing and/or adoption of the
Standards and, if so,what was the content of the notice, and where and when was it
published.
5. Was Section 2.9 of the Standards ever amended? If so, please provide the date and
content of the amendment and any public hearing and notice information you have.
Lisa Price
Page -2-
May 15, 2001
Thank you very much for your attention to these requests. If you have any questions, or
require any further information,please let me know.
Sincerely,
GLAST, PHILLIPS & MURRAY
6t12
Donald O. Walsh
DOW:dcj
cc: Richard Abernathy (via fax)