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06-05-2007 (Planning & Zoning) Agenda Packet
Planning & Zoning Commission i,i/lt CITY ! YLIE w June 5, 2007 7/V1 Wylie Planning & Zoning Commission CITY OF WYLIE NOTICE OF MEETING • Regular Meeting Agenda Tuesday, June 5, 2007 -7:00 pm Wylie Municipal Complex-Council Chambers 2000 Highway 78 North Dennis Larson Chair Scott Ames Vice-Chair Tim Bennett, P.E. Board Member John Onufreiczuk Board Member Kevin Finnell Board Member Renae 011ie Planning Director Charles H. Lee,Jr., AICP Senior Planner Jasen Haskins Assistant Planner Mary Bradley Administrative Assistant In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: .. .;:. within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: 111111.wl'iietev ric c'm'. The Chair and Commissioners request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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 TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Commissioners regarding an item that is not listed on the Agenda. Residents must provide their name and address. The Commission requests that comments be limited to three (3) minutes. In addition, the Commissioners are not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA A. Consider and act upon approval of the Minutes from the May 15,2007 Regular Meeting. June 5,2007 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA Action Agenda 1. Consider a recommendation to the City Council regarding a Final Plat for New Heights Baptist Church Addition. The plat creates a single lot for a church campus on 8.1 acres, generally located west of Hooper Road and east of Regency Business Park Addition Phase 2. 2. Consider and act upon approval for a Site Plan for Brown and Burns Addition, Lots 10-12 (Northside Grocery). The site plan proposes a 995 square foot addition to an existing convenience store generally located at the southwest corner of Ballard Avenue and Jefferson Street. 3. Consider and act upon approval for a Site Plan for Premier Plaza Addition, Block A, Lot 1 (JTM Technologies). The site plan proposes a 26,350 square foot light assembly & fabrication facility on one lot on two acres generally located east of Martinez Lane,approximately 640 feet south of SH 78. 4. Consider and act upon approval for a Site Plan for Hooper Business Park Addition, Block A, Lot 8. The site plan proposes a 5,990 square foot office/warehouse development on one lot on .592 acre, generally located east of Security Court,just south of Steel Road(203 Security Court). 5. Consider a recommendation to the City Council regarding a Site Plan and special parking alternative for Best Corner Wylie Addition, Block A, Lots 1 & 2 (Ace Check Cashing& Metro PCS), generally located on the northeast corner of SH 78 and W. Kirby Street. Public Hearings 1. Hold a Public Hearing and consider a recommendation to City Council regarding an amendment to Article II of the Subdivision Regulations regarding the abandonment of the right-of-way and provide principles and procedures for the abandonment of the right-of-way 2. Hold a Public Hearing and consider a recommendation to City Council regarding an amendment to the Zoning Ordinance Section 2.5.4 (Accessory Buildings) specifying the size and type of material for all accessory buildings. 3. Hold a Public Hearing and consider a recommendation to City Council regarding an amendment to Zoning Ordinance 2001-48, Article 9 Nonconforming Uses and Structures: amending in its entirety Articles 9 and setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. ADJOURNMENT CERTIFICATION ```�etliiiii►iiii,�r 01- wY I cert fy that this Notice of Meeting was posted on this"J &y'of:ightil S2�Q`I t 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas i'ernment Code.i t e a op, teSews media was contacted. As a courtesy, this agenda is als posted on the Cityiofe website: ,i�ri�':a,,l, nA r. uI 2-Dol rarole Ehrlich City Secretary 1 '': g `�.� Date Notice Removed Wylie Planning and Zoning Board CITY OF WYLIE Minutes Wylie Planning & Zoning Board Tuesday, May 15, 2007 — 7:00 pm Wylie Municipal Complex — Staff Conference Room 2000 Highway 78 North CALL TO ORDER Chairman Larson called the meeting to order at 7:03PM and stated that a quorum was present. In attendance were: Chairman Larson, Commissioner Ames, Commissioner Bennett, Commissioner Onufreiczuk, and Commissioner Goss. Commissioner Finnell was absent Staff members present were Renae 011ie, and Mary Bradley. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Onufreiczuk gave the invocation and Commissioner Bennett led the pledge of allegiance. CITIZENS COMMENTS No one approached the Commissioners. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the April 17, 2007 Regular Meeting. A motion was made by Commissioner Ames, and seconded by Commissioner Goss, to approve the minutes from April 17, 2007, regular meeting as submitted with no changes or corrections noted. Motion carried 5 — 0. Minutes May 15, 2007 Wylie Planning and Zoning Board Page 1 of 4 ACTION AGENDA ITEMS 1. Consider a recommendation to the City Council regarding a Final Plat for Community Park Addition, Block A, Lot 1. The plat creates a single lot for municipal facilities (public park and library) on 39.7 acres, generally located south of Stone Road at the southeast corner of Thomas Street and Pirate Drive. Ms. 011ie stated that the property consists of two separate tracts totaling 39.7 acres, and abuts to existing single family residential properties to the north, south and east. Development of the park was funded in part by a grant from the Texas Parks and Wildlife Service in the early 1980's. Although the property is an existing municipal community park center, it has never been platted or filed as a legal record through the County. The intention is to plat the property and file with the county, no future development is proposed at this time. With no questions for staff, a motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Goss, to recommend approval to City Council, the Final Plat for Community Park Addition, Block A, Lot 1, located south of Stone road, at the southeast corner of Thomas Road and Pirate Drive. Motion carried 5 — 0. 2. Consider and act upon approval for a Site Plan for Zlan Corner Addition, Block A, Lot 2. The site plan proposes a retail development generally located northeast of Country Club Road (FM 1378) and W. Brown Street (FM 3412). Ms. 011ie stated that the applicant is proposing to develop a single story, 13,000 square foot retail building on the property. The property is zoned Neighborhood Services (NS) District. The property was platted in July 2005, Zlan Corner Addition, which consisted of four lots on nine acres. The proposed Site Plan is combining two lots into one, and the applicant will be required to replat these two lots into one prior to any permits issued for construction. The proposed building meets and or exceeds all applicable landscape and design standards. With no questions for the applicant, or staff, a motion was made by Commissioner Bennett, and seconded by Commissioner Ames, to approve the Site Plan for Zlan Corner Addition, Block A, Lot 2, generally located on the northeast corner of Country Club Road (FM 1378) and W. Brown Street (FM Minutes May 15, 2007 Wylie Planning and Zoning Board Page 2 of 4 3412), subject to approval of a replat combining the two lots into one. Motion carried 5 — 0. 3. Consider a recommendation to the City Council regarding a Replat for Woodlake Village Addition, Block C, Lots 1 R-6 & 1 R- 7. The replat subdivides one retail shopping center lot into two on 18.9 acres generally located on the northwest corner of S.H 78 and Spring Creek Parkway. Ms. 011ie stated that the property totals 18.93 acres and is zoned Commercial Corridor (CC) District. The property has been developed as a retail shopping center consisting of 187,000 square foot retail building (Wal-Mart Supercenter) and a motor vehicle fueling station (Murphy Oil Fueling Facility). The purpose of the replat is to subdivide one lot into two to accommodate the applicant's request to separate the Wal-Mart property from the Murphy Oil's fueling facility thereby establishing two separate lots. The Replat complies with all applicable technical requirements of the City of Wylie. Mr. Am Boun Tan, CEI, 3030 LBJ Freeway, Dallas, TX, represented engineer for the subject property, stated that Wal-Mart leased the property to Murphy Oil and now desires Murphy Oil to own and maintain that property. With no further questions for the applicant or staff, a motion was made by Commissioner Ames, and seconded by Commissioner Onufreiczuk, to recommend approval to City Council for a Replat for Woodlake Village Addition, Block C, Lots 1 R-6 and 1 R-7, generally located on the northeast corner of S.H. 78 and Spring Creek Parkway. Motion carried 5 — 0. MISCELLANEOUS Ms. 011ie stated that the memorandum included in the packet was written by Mr. Charles Lee, Senior Planner to address concerns raised at the last meeting regarding private streets, easements and maintenance thereof. Commissioner Ames questioned location and type of commercial uses within the Zoning Ordinance. Ms. 011ie stated that within the current Zoning Ordinance, the uses are defined but there are no definite locations where certain uses can be developed. Ms. 011ie further stated that a packet will be put together comparing different cities" commercial districts to the City of Wylie's current Nonresidential Districts. Minutes May 15, 2007 Wylie Planning and Zoning Board Page 3 of 4 ADJOURNMENT A motion was made by Commissioner Bennett, and seconded by Commissioner Goss to adjourn the meeting at 7:25p.m. Motion carried 5 — 0. Dennis Larson, Chairman ATTEST: Mary Bradley, Secretary Minutes May 15, 2007 Wylie Planning and Zoning Board Page 4 of 4 Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Meeting Date: June 5, 2007 Item Number: 1 Department: Planning Prepared By: Charles H. Lee, AICP Subdivision: New Heights Baptist Church Date Prepared: 05/17/07 Zoning District: Light Industrial Exhibits: Final Plat Subject Consider a recommendation to the City Council regarding a Final Plat for New Heights Baptist Church Addition. Subject property is 8.1 acres, generally located west of Hooper Road and east of Regency Business Park Addition Phase 2. Recommendation Motion to recommend approval to the City Council for a Final Plat for a church facility creating (1) one lot for New Heights Baptist Church Addition. The property is 8.1 acres generally located west of Hooper Road and east of Regency Business park Addition Phase 2. Discussion The property totals 8.1 acres and will create one lot for a church campus. The property is zoned Light Industrial (LI) District and has never been platted. Abutting properties to the north, south, and east are undeveloped and zoned LI. Partially developed properties to the east and across Hooper Road are zoned LI and partially developed for industrial uses. A 150-foot TXU easement (1.39 acre) abuts the subject property to the south. A preliminary plat and site plan were approved by the P&Z Commission in February 2006, indicating a two- story, 17,646 square foot facility. The church facility is proposed to be built in phases, with the first phase consisting of an 800-seat sanctuary. The Final Plat complies with all applicable technical requirements of the City of Wylie and conforms to the approved Site Plan and Preliminary Plat. Approved By Initial Date Department Director City Manager Page 1 of 1 / N /.0 ACRES OWNER'S CERTIFICATE YNJUAN C. D I AZ VOL.EVE4470. PG.R 16 697 STATE of TEXAS VOL. 2453. PG. 536 COUNTY OF COLLIN L.R.C.C.T. All that certain ot,tract or parcel of land situated in the WILLIAM SACHSE BEGINNING-I SURVEY,ABSTRACT NO.835,City of Wylie,Collin County,Texas,and being a part SURVEYORS CERTIFICATE N 72')X7 1.058 rJ of that 28.3125 acres tract of land as described in a Warranty deed from K.C. NOW,THEREFORE KNOW ALL MEN BY THESE PRESENT: eE,.°:.tF e . •. . E 25575 8.47 r\ 2726,Pagoe 986 of thenLangd Records of ColinrCoun87 exas a ndrbe?rig more olume q PP�o`STfR:,1:-, 2 IRF S 89 42 49 E 669./3 5/8"IRF`u CONRAD E.BOYER particularly described as follows: THAT I,Harold D.Fetty,III,do hereby certify that I prepared this platfrom an *o. - __ _. .. _ 97 0000192 actual and accurate survey of the land,and that the corner monuments shown /2 IRS 659.13' BEGINNING at a 518"iron rod found for comer in the West ri ht-of-way line of thereon were properly placed under my personal supervision in accordance with tHAROLOD FETD/III 4.621.717 ACRES g the Platting Rules and Regulations of the City Planning Commission of the City of Hooper Road(60'R.O.W.)at the Northeast comer of said 28.3125 acres tract of 5osa P; 25'SIDE SETBACK land,said point being at the Southeast corner of a 1.0 acres tract of land as Wylie. ;•ROess°;,• described Ina Deed to Evelyn MVurley,as recorded in Volume 4470,Page 1697 of q�O suRVE°� 50'SIDE SETBACK the Land Records of Collin ounty,Texs; 238.19' THENCE.00 deg.01 min.24 sec.W.along the West line of Hooper Road,a distance of 523.75 feet to a 1/2"iron rod with yellow plastic cap stamped Registered Professional Land Surveyor No.5034 R.S.C.I.RPLS 5034"set for comer at the Northeast corner of a 1.50.foot rigght- WEST 276.21' of-way to Texas Power and Light Company by Deed recorded in Volume 574,Page 435 -----. of the Land Records of Collin County,Teas; the.// T db THENCE S.89 deg.37 min.33 sec.W.i along the North line of said right-of-way, STATE OF TEXAS 278.09' CT; l 8S. passing at distance of 400.00 feet a 1/2'iron rod with yellow plastic cap COUNTY OF COLLIN ,tip a \ stamped"R.S.C.I.RPLS 5034"set for corner at the Northwest corner of said Y 1 -10'- 15' tract,and continuing fora total distance of 669.14 feet to a 1/2"iron rod Before me,the undersigned authrity,on this day personally appeared HAROLD D. �'I z o 8 with yellow plastic cap stamped"R.S.G.I.RPLS 5034"set for corner; w o 6 61.40' FETTY,III,known to me to be the person whose name is subscribed to the m,I w 8 ' -_-_______ - .� forgoing instrument,and acknowled ed to me that he executed the same for the o S THENCE N.00 deg.01 min.24 sec.E.a distance of 531.46 feetto a 1/2"iron gg �I I a Ln \ 15'UTILITY EASEMENT rod with yellowplastic cap stamped"R.S.C.I.RPLS 5034"set for corner in the purpose and consideration therein sfated. I L.8.J0 67.62' M North line of said 28.3125 acres tract; o N;nl GEORGE A.ROSS THENCE S.89 degg.42 min.49 sec.E.along the North line of said tract a �' 38 00 LOT 1 95-0081071 distance of 669.137 feetto the POINT of BEGINNING and containing 6.10 acres or Given upon my hand and seal of office this day of ,2007. NO 0 U of 2.971 ACRES 353,034 square feet of land. Nt III BLOCK 1 Q • Imo, m 3 • i, -/t7.7.• •YZZ.;7?-:-:,_2,_ I V �' o o Notary Public In and for the State of Iexas My Commission Expires: PR- -- EASEMENT TO BE ABANDONED BY P N w N 11,c) o THIS LAT 7 9 8 ACRES tz o � -4J - 347,7.7 SQ. FT. /i ,° o NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS -. / 7 �' C. That NEW HEIGHTS BAPTIST CHURCH do hereby adopt this ptat N 1 38 00' EASEMENT TO BE ABANDONED BY THIS PLAT 0 desi nating the herei bove esc i ed ppr perty as NEW HEIGHTS BAPTIST CHURCH AD ITION an Addition to the City of UVylie,Texas and do hereby dedicate to the public use RECOMMENDED FOR APPROVAL forever the streets and alleys shown hereon and do hereby reserve the easement strips shown p on this plat for the mutual use and accommodation of garbage collection agencies and all public = Q`; d utilities desiring to use or using same.Any public utility shall have the right w U H 38.00' 0 ^ to remove and keep removed all or part of any buildings,fence,trees,shrubs,or c;i �\ J �6 0' other improvements or growths which in any way endanger or interfere with the (.1r2 = �6 0 FAST 233.87' w onstrucion,maintenance or efficiency of its respective systems on any of these Uin d EAST 256.57' �� 84.2' easements strips and any public utility shall at all times have the right to oycv Q in rein and egress to and from and upon the said easement strips for the purpose Mz v7O 25'UTILITY EASEMENT W� e1 of constructing,reconstructing,inspecting,patrolling without the necessity at CHAIRMAN,HLANNIN12 24 ZONING COMMISSION DATE -,.:4 , \,_ �l 3 any time of procuring the permission of anyone.This plat approved subject to CITY OF WYLIE,TEXAS z ww� 95-0059004ILSBEE TOM all platting ordinances,rules,regulations and resolutions of the City of 'Li_ �o WEST 606.09' O i1i0mc,`, 3� Q 4 2387ACRES WyIe,Texas. O on ACCEPTED rr. r-# J Witness my hand this day of ,2007, w cn � C7 Y > LiJ T MAYOR,CITY OF WYLIE,TEXAS DATE w Q Q =W 25'SIDE SETBACK .dL 65.____„_____9.l4' O cc w 0 W _ I/2 IRS I/2 IRF I/2 IRF, z The undersi ned the Cit Secreta of the Cit of lie,Texas hereb certifies that the fore oin II, 31tVhUSIUH g y ry y Wy Y g 9 N 7G54032.938 S 89 37 33 W 669./4 FOR NEW HEIGHTS BAPTIST CHURCH NEW HEIGHTS 6APTIST CHURCH ADDITION,an Addition to the City of Wylie Texas was E 2556849.132 submitted to the City Council on the day of 007 and the Council, I.39 ACRES by formal action,then and there accepted the dedication of streets,alley.parks,easement,public 150' EASEMENTplaces,and water and sewer lines as shown as set forth in an upon said plat and said Council further -TEXAS UT I L. ELEC. CO. TEXAS POWER&LIGHT CO. authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. / - VOL. 574. P.435 S c of TEXAS VOL. 2194. P.667 TEXAS POWER&LIGHT CO. TATEouNTv of coLUN 577-335 Before me,the undersigned authority,on this day personally appeared STEVE FOSTER 1.97 ACRES known rt me to be the person whose name Is subscribed to the Witness my hand the day of ,2007. 0/H ELEC LINE--', forgoing instrument and acknowledged to me that he executed the same for the ELrC purpose and consir�eration therein sfated. TOWER 2 IRE N 89°37'33''E 44-9--0-9-' 0' ENsFARCH COMPANY_EASFMFNT V01 19 PG 745 _ Given upon my hand and seal°f office this day of ,2007. 20' EXPLORER PIPELINE CO. ESMT VOL. 767, PG. 649 /2IRF Z ity Secretary City of Wylie,Texas L 20' AERIE NETWORK SERVICES TELECOMMUNICATIONS EASEMENT PER VOL. 4875. PG. 4086. L.R.C.C.T. BIRMINGHAM LAND TRUST Notary Public In and for the State of I exas My Commission Expires: 4194-1852 19.424 ACRES Z w wNIn ' O N ' a49 0 w REMAINDER OF 28.31 ACRES IA/9 PAIGE R. PENNINGTON -9- 1 TO NEW HEIGHTS BAPTIST CHURCH Wool' • CLERK'S B 2004-0115526 w of d- OM CN 1---..:1 --- -0O U> O O FINAL PLAT NEW HEIGHTS BAPTIST N CHURCH ADDITION DECEIVE I/2 IRF S 89°37'33''W 1300.04' 8.10 ACRES ( 1 LOT ) MAY 21 2007 PART OF 28.31 ACRES BY _ V LH WILLIAM SACHSE SURVEY, A-835 STEEL NOTES CITY OF WYLIE, COLLIN COUNTY, TEXAS 1)Accordingg to F..M.A.Flood Insurance Raie Map.Community Panel No.48085C0470 G dated PHo Ecr 60 0 60 I20 January 19,199,this property lies in Zone X.This property does not appear to lie within a 100-year flood plain. SYMBOL LEGEND I 2)BEARING SOURCE:RECORDED PLAT VOL.G,PG.414,P.R.C.C.T. CAPITAL GRAPHIC SCALE I'-60• ©s ®'-Z, 4 ' 3)ALL 1/2"IRS ARE CAPPED WITH YELLOW PLASTIC CAPS"R.S.C.I.RPLS 5034." D EXCHANGE E7cE 11 TU®Ec � In IRF 4)SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY BOX, (� ORDINANCE AND STATE LAW AND IS SUBJECT TE FINES AND WITHHOLDING OF UTILITIES FE„EE 1,g A lit AND BUILDING PERMITS. OWNER: �F�"N��t,ROPrvKE NEW HEIGHTS BAPTIST CHURCH ADDITIONa,T. - 5)NO LOT TO LOT DRAINAGE IS PERMITTED. VICINITY MAP 2700 BROADWAY ■ l.VC N.T.S. GARLAND, TEXAS 75041 • l��' serf'I',60MARCE#9.2Do0o4PP 6)STATE PLANE COORDINATES BASED ON MON CM 3 LOCATED IN THE PARKING LOT (9 7 2) 9 9 8-5 5 7 7 (OFFICE) ROCKR'ALT,SURVEYING Co.,-INC.1 LAND SURVEYING C,.NEW HEIGHTS BAPTI sr CHURCH, SOUTH OF HIGH SCHOOL FOOTBALL STADIUM AT FOUNDERS PARK SPORTS FIELDS. 1984 S.FM 551 ROYSE CITY,TX 75189 972-772-5434 PHONE 972-772-5443 FAX J Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Meeting Date: June 5, 2007 Item Number: 2 Department: Planning Prepared By: Charles H. Lee, AICP Subdivision: Brown and Burns, Lots 10-12 Downtown Historic District Date Prepared: 05/18/07 Zoning District: (DTH) Exhibits: Site Plan, Elevation Subject Consider and act upon approval of a Site Plan for Brown and Burns Addition, Lots 10-12 (Northside Grocery). Subject property being generally located on the southwest corner of Ballard Avenue and Jefferson Street. Recommendation Motion to approve a Site Plan for Brown and Burns Addition, Lots 10-12 (Northside Grocery) generally located on the southwest corner of Ballard Avenue and Jefferson Street. Discussion The applicant is proposing a 995 square foot addition to an existing retail building. The property is zoned Downtown Historic (DTH) District and consists of three lots totaling .258 acre in size. Platted in the 1950s, Brown and Burns Addition include retail, professional office, residential, commercial and historically significant properties within the downtown Wylie area. Developed on three lots in the late 1970s, the neighborhood convenience store totals 2,040 square feet and has gasoline pumps located at the northeast corner of the property. The proposed addition will be constructed along the northern portion of the existing convenience store and will serve as a lease space for office and/or personal services uses. The proposed building elevations are consistent in design, color and materials with existing development within the immediate downtown area. Additional parking is being provided and relocation of dumpster to the rear of the property. Staff recommends approval as submitted. Approved By Initial Date Department Director Page 1 of 1 i i j 1 i BROWN i 'r - '1 ' i JEFFERSON i i i i � ' ! I ; i PRO JECT".m j i 1 I I 1 Y i i ---_J Z o MARBLE ! O D I I i E 1 A OAK . 1 0 1 1 1 5 r L j ' 3 I 51 N6,11 fAM 1 I,Y RE51 OENGE i 1 R ZONBO Ot MINSHAM DUSB i ; ZONED OfN i i 51NbI,E FAMILY RESIOENc6 IONEO OfH ; i i ;, i ! i i L OCA T ION MAP _.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.. , h L.._.._.._.._.._T._.._.._.._.._.._.._.._.._.._.. .._.._.._.._.._.._.._.._.._._.._.._.._.._.._.._.._.._.._.._ NOT TO SCALE .5 =_ ___= N JEFFEKSON STKEET APPR O 0.Ie.S 51 90.5 Af I ON 0 2.s a to s xo w. � __ \� 23'fAl,,5 GONGRfE WALK SCALE N FEET: , ,; % '' .5 ,,, IN 'l 1.5 . 125.00' L5 590t0'0"E C 34.0• 1 ', I' ! i 2 REStRIPB PAVEMENf C===_ ! i i fOR AOOIf10NA1,PARKINb j ; 1— , i i ! PROPOSED 51N61.B STORY c,NAZ �� LOTS 10. 11 &12 . BLOCK 2 -BROWN AND BURNS 3 i Office.EXPANSION c ! �i c 995 5f !� 1 1. ZONING: DTH.DOWNTOWN HISTORIC ---1 i i c �6.0' 20.0' j- ; 2. PROPOSED USE: GENERAL OFFICE/RETIAL ; D i .,I i 0 3. PROPERTY AREA: 11.250 SF-0.2583 ACRES I. ! 4. BUILDING AREA: 3.035 SF 6i Y // EXI5f'AMP 15LANO i0 i 5. BUILDING HEIGHT: 1 -STORY-25' MAX ! i 5.0. 25.E5' \c� 11/4' 1' ; 6. F�A.ROVERA2698:127.OX7. PARKING PROVIDED: 8SPACES YjLS `vj i on 7 / • i 29.0' d1 ! ! x 8. LANDSCAPING JON-SITE IS MINIMAL \ i i u" ! z CA6 i .DN ! I I i �S Z ' 1 1 U. C y Ti, ! ; i I S Z 1 1 1 7 1 O 7 r • 20.AI.1.BY ROW j35.0� i I D !• C I ; i ! EXISf1N6 SfORB DOOR i , ; ! 2.040 5f y 1 8.0'_ 1 C.0' .1 y%' ; gi o D ----i ' i F - < i i o i Z i i i l'i' i0 j L J i io C i ! �1.5 O I N II II / !o, ! i 6 I 'NII II/� . ! I AP X I.OG fIi pN : ! i Q y i i UN R&R,oc (�o1N 5 RAbB�ta ! I \I� 1 I 7If/ \1 IN 1 1 i I 7' II II NN I ' L—_�___ I,' II II NN • i 125.00' N9000'0'W _.._.._.._..., i i I 1 ! OUMPSfBR A6RBBMENf i ; i i 56tWEEN NORfH5l0E ANO EXIefIN&DRIVE. ; ; • REfAII,5U1,01N6 CO 50UfH OWNER: i 1 i i i i NORTHSIDE GROCERY SITE IMPROVEMENTS 219 NORTH BALLARO j 1 ! WYLIE.TEXAS 75098 i ! JACK FATTANI - i r T_z,, I LOTS 10,11& 12BROWN AND BURNS 19721 442-3241 i i e.X15fINb RBtAl1,RYKIP GBNHHP ARCHITECT: NORTHSIDE GROCERY ZONED PIP I `` PATRICK AHEARNE ARCHITECT '. ! ( t ! 814 WIND ELM DRIVE W Y LIE TEXAS ! ! 11--- 1 ALLEN.TAHEARN75002PATR ' 19721 359-0053 CIVIL AND ENVIRONMENTAL ENGINEERS HELMBERGER ASSOCIATES,INC. ! ! ENGINEER: a.wonta aan.Mncieus sae<2t.>..2.2.SY HELMBERGER ASSOCIATES. INC. 1 1 i ' 1 ' 1525 5 IEBOTEXASROAD DESIGN ORAwN DATE SCALE NOTES FLE NO. ! ! ! RANDALL T.HELMBERGER.PE MAY i 1 ; 19721 442-7459 KUL CARD 2007 r.•w' SPLAN 07. ...\0750-Northside\SPLAN.DGN 5/24,007 10:33:08 AM Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Meeting Date: June 5, 2007 Item Number: 3 Department: Planning Prepared By: Charles H. Lee, AICP Subdivision: Premier Plaza, Block A,Lot 1 Date Prepared: OS/21/07 Zoning District: Light Industrial (LI) Exhibits: Site Plan, Elevations Subject Consider and act upon approval of a Site Plan for Premier Plaza Addition, Block A, Lot 1 for 26,350 s.f. light assembly & fabrication facility on one lot on two (2) acres, generally located east of Martinez Lane, approximately 640 feet south of SH 78. Recommendation Motion to approve a Site Plan for a proposed 26,350 s.f. light assembly & fabrication facility on one lot on two (2) acres, located east of Martinez Lane, approximately 640 feet south of SH 78. Discussion The applicant (JTM Technologies) is proposing to develop a single story assembly & manufacturing facility in two phases on one lot. The property is zoned Light Industrial (LI) and is two acres in size. Light Assembly & fabrication uses are permitted within LI zoning districts. Phase 1 of the project includes a single story 19,600 square foot building constructed primarily with concrete tilt wall panels with minimum 20% stone on front façade. Required on-site loading areas are located to the rear of the building. Phase 2 will consist of 6,750 square foot building addition along with additional parking to the east of the property. Properties within the immediate area are zoned LI and developed for light industrial, manufacturing and office/warehouse uses. P&Z Commission and subsequently City Council approved (March 13, 2007) a replat for subject property. At that time, the applicant was the Wylie Economic Development Corporation. The purpose for the replat was to establish lots for a 25 acre tract to accommodated opportunities for high-tech manufacturing and fabricating businesses. This site plan is the fruition of those activities. The Site Plan complies with all applicable technical requirements of the City of Wylie, and includes a tabulation of how the development regulations will be achieved. Approved By Initial Date Department Director Page 1 of 1 ,e,3a, a,a T Y7, I' I "'"'i`i thi a• , 1/ -71j.,s- "-,i-,,,r.;..,_,, izin,,,V, ,,,- ,,,' 411 1 '0 1 r I! ; I I -•a,,, s,,-________}/111-411111111����. ��4-LLLL,4,LL11111111•1•11_!•_/�•��•//•�.L i J { I '` PROJECT ?' • y fi I a,. F.,► C x z W P / o ,1®I ' i• 'I! '''' ‘‘, , s, I nO'I�� x tfl 1 1.'.z�.. + . tors ALANIS '°j � ♦s" „ rannre rwd„•eeimn ' ' ' lbl.N,Pg.257 ' ,l i , MRCCT I ION i L OTATTO SC ALEMAP ,, ' i N ,Of 1 --' "-•---.-.,m• i4i d.., .,a» .,,. HOLLANO HI fGH A001 f ION ————— °"' ; I VOL..N,Pb.257 PROPOSED DUMPSTER LOCATION l I x MRGGf w/6'MASONRY SCREENING WALL 7d... ZON60 LI TO MATCH BUILDING FACADE AND ; METAL GATES ',,• ' I; I EXIST FIRE HYDRANT , *_r=-y- 7,„,, - it i �� L._ N 87'16'26" E 328.15.._.._..—»* —•x—�— +�:— — -- , 1 ,.,a, `;...s, 1 ns..;s—i— ! .,:t....,.......,..... """ ` ,' ' ' ,, •ram.,>_..... '..:.r'iP......t.Q '' ' , '' �. ••.F l: ... y...}...r.. 4 ,' I, I I NI 1 VIGfOR fR6VIN0 ,' li I — Lj--'-'— — —___._ _`----`-- ------`--- -` - - \ i , , I ' ' pr 1.25.0' i , ; L6RK'S flLi N0. , I I I :O: -�a 1 ' 4/ ' I' ' r mt.PAPoI Div ,1 i , ,' / 0 10 20 30 45 _ I 95-0051/66 I; A I '1125'R I :25'R , ORGGt I'' �' o' ! 1 i 1 m FEET30 ZON$0 GG iy; LS ( SCALE: ■ I*.e,i I 1 , 1 A r g' I • Igill 5.0' ..r ,88.0' I i j 1 5'(WAI �,.) , '. 10t I -�`PREM I ER PLAZA �� \ i ,'' ; .��; ;. 2.o'Q9 ACRES ``� �►, , - ! IS tl' ,AL$ ZMOO I.I i �,'� LOT 1 BLOCK A -PREMIER PLAZA ,.r r _I} Ls;,' ' �_ - ——l` -1' 'N ,' DUSTRIAL �I 2. PROPOSED USE:LIGHT L I GH TNMANUFACTURING I,. ,.'''i i +..m'�' i�' , p LOt 2-PROM I AR PLAZA v 2q`5' i VAGANf 3. PROPERTY AREA: 87.512 SF-2.009 ACRES I� I ��� c PROPOSED smug STORY BUILDING - I fVACA LI 4. BUILDING AREA: PHASE I -19.600 SF I ����\\\\\\\\l� � 25'MAX I MUM HE `•s j ! ,' PHASE I I - 6.750 SF • !' �" "' TOTAL: 26.350 SF !; i 3 m o; ', 000 SF ;.�......1; N ,' S. BUILDING HEIGHT: 1 —STORY—25' MAX !' ' FIRELINE'TO BE SIZED AN -O IN ' ' 6. LOT COVERAGE: 22.4%-PHASE I '' t' N CD M' / LS INSTALL D BY A STATE 4 ::' 00D171a , I i' ', _ - L30 I%-MATEULTIMATE / LICENSE FIRE SPRINK�R •.TSpu I !.--, 7. PARKING REOUIREO:ULTIMATE 1 —1 SPACE/500 SF=40 SPACES f1' �� ,' CONTRACTOR i9 •Z I — ----.._. „a I N, I !. PHASE 1 I —1 SPACE/500 SF= ------♦r- ----- ��.,c.1 I �a. :. t< i., = PA OTAL 0 53 S 13 PACES i �I LS; ; PARKING STALLS TI] ice' HANDICAP REQUIRED 1 ACCESSIBLE/25 SPACE ' MEASURE 10'x20' I :.. .....r} 8. PARKING PROVIDED: PHASE I -(3 ACCESSIBLE) =40 SPACES H QI iZ I I ' a 1 . i� TO FACE OF CURB' i �20'R I LS o • /t l PHASE I I =14 SPACES ; 25'R'' ,� _ —'—— i i 9. 20%GROSS AREA). 4 SPACES .M.,m __ �- ----=�"-" ! " I L t2 0' J �i ! b' LANDSCAPE ROVIDED:(O17 502SF5bUAVALUPG M.STORY w"�fiIO ��� ' r ; 1 '' ' ALvOL.5755>Pb.3 Ir G09 �' I, ---1 �:SI 0 -- —- - --- 1 1, ZON60 L I ; a'R,.i' PROPOSED FIRE HYDRANT I ✓' ', • #RELANE ` -------I'I .;. ,'t ° -°' , z , r''u, znnmgordina.� _J, \ y,', .: ' i _ ____ ____ ___ _____—_T__ ,I 1'_ 1 ,1 ,I +"-.I I, , 9 �._ 1//1--0��1 ' / , FIGUla a 7 LANDSCAPE,DESIGN RLQUIRN MENUS LS I 20'R 1, ,} �— t———_ _ I nGE N El EM1.NI N,s s),ND,RD UESIR\Rl N r I LS s s , , , 54 Landscaping in At I st ZO/of to sl all he la ds aped NS�CR l d 1 E tl at ce ds th.nunimum by — .—..—„--_-- ' .+, , I _ a _) _•_,_„�„�,a�„ r+•E'^� '� `, Required YarSs &CC Dist is 10/tf site in C2&C Districts 10/. —.._..,..z___ --__— .e I,. „ .�--..— ..,.._.........�..�..�:��.�..�..�..�..�..�..�..�............�..�..�..�..�..�..�..�.'^��.. .�.. �..�...�'. ' vd., r.Po.r,4` ,, ,` ig OOO sy ft.or more,l% QIa,Ascapr,gu-s de and r,.ryard oat --""—•'—'- ' �' t 1 b Id f 100 .n.. ——•-�- --I I._.._. ._.. S 88 58 38 W 349.98 nthuwix y ,' , " , , , , s i ofrvte rneLluand'HI Drshicts h;;" I I PARKING STALLS TO -- T---- b IandsoaPm�sregn1CeadefrnmardYar, —'_ ' „ I ` s\`,-4...RE �q�— —�' — T , a.Landsea a rs re d,n side and rear ds I' f ' of ` I a•t to,or across the street from esrdential _ a W.——� � TO FACE OF CURB i I I ; d? Landsaaping of a Srte plans regwrmg more than 12 spaces required to®I 1 aping 10%or mole n U Parkin Lo[s havz 50 s ft.of landsca g 9 P ng pzr space. R/pace i,r I LOt 2 PR6M I BR PLAZA ,. , b No parking space ft rcher than 60'from landscaped b.Pak g lots with no spare 1 rl than 40 leer I , Air '' , , , , area on site. frmn a landscaped area. !, O I IONLO L 1 ' , r , c Parking rows 12 spaces.longer shall have ©Landscaped pedestrian aonnccnon to ua n M6tR0 f6GH 6L6GfRIG, 1NG. I' '; i sods ped,slanctsar.nd ..note VOL.6076,.4.°I`Q 15 .,.a i i.,.'.• 1,91 p1e ,', i d ve rkr,Pan 9..hu have land pea area at least ORG r sn.. sss _ � r f2s na3 ZONIIO L 1 , I .y I 'Af , , s6 .nai screening a R<yn red 5 6 so-p t 1 as,s wide pla.s 3 ———i,— + r/` . } s ` n he ght wh pl t d n I d on fl vering tree a !' —— i ,�,,,.,,'Lonrng DScOnance , a" Zonin Oniu,' ' for ever 20 1 n f t t ` ' n 6 aFce ' east 50/.of ra.red Irnnt ` !, I I I' — , 57 Landscaping of Slree( a.Atl • ddevelo Vas II 1.ck,11_ur olhir r el I.riJscu ` ` I, , s i �, Frontages landscaped butter,at least 10'in wWlh.Pa t s. `, , I :, , r (t —. -- ss----- — - ._._ _ , __ ``` _-„ `, b.'frees regmred In butter,in graves or belts on a 30 ®I _ del„f I I:apa hul I:•r !, , :I i,. I ., FI(.RE 4-6 S,fE DFS 11 N IIEQUIREh1EN'1'S ,' ',/' FIC.URF.4-8 ARCII,I LC,UI4 DESIGN R15Qum.,NTS ' , , 90 spacing, by 0 I I I• ' , c tie cored trees at I.asl 3',n cah.. v-cion of -I t I d 1 a i , 9 Per f I P_r , �..IN;a'Fl.11l'YfN:N"I',ItISI tfIM1,l•I.V N1.1.1.1 `P,.\('II DN:,F:ErII'\IN:N"I'\II S'I'SN:I.t:C'1411E)IIh:R (AL1DN\NED,NIEN1'MUS1(O\It''"11\""" I'""DE1LI01:INI 11(ti l'SN:I.'(r 3,11'1"I d Adads(4meand.lra„`,7,e,-.:k:- gltntgoth''''1t`""``'meus. , I, , , � `, perimeter when adjacent to Ihora�hfare. _ +s+m \ �, I I I ' I' \,ITII ALII IS 1'Nn 114IDV4) DNlIRARIIS LISI'N:D NN:I.(111") � ALLIIS I'FD RLL01,) 61)FMRE.V3INS 111,FD LE(1\\)r --.... — +6"' I,am , ,' )I ----__ ;58 Building Maerials a.Bui�rngs wnstructed of bock wnh al`Ieas120% ®Use of t.vo cnrrlpleme nary pn >1+.,de _ , .i"`I,.+,n I' (I 51 Ilnildrng+f'I$aemant a Cartrana d/or facades onenrzd to the street. a t3uilding at d f t ya J Irne �y --------•_------•---.-------""-- — •—__4s-,—..____-_.__;' t I , , store on root facade nN5,CR,Cq I1 end HI matenels toh Ip dal eve facadeat i hon, t ', 1,. --/Innl rots—nr<10(If10 'Idta hs _1 ' p1a':s,s b Hurlding f tp�sts w greaterShan-2r�,000.squaye b.Individual b Id igs w. p , Districts Tilt wall construction is pArmrss ble rn LI 'sual vanetyrand/or archrtectura g I ` ——I , , , , 1, fazt rn NS d Clt,islr c� square CeeL ane}HI drstncts ' ' I ,I , , I, c Multiple buddi tgs placed to create pla,as,, c Front facade orie.ed N the sneer ' b.Ropfs with perch greater than 2:I2 uye spec'fed b.Copy same style e core block. P.,46 ARTICLE 4:NONRESIDENTIAL DISTRICT REGULATIONS 1 , , ),` ounards landscaped areas w7connect iig roofing materals , r ..iI I ,I�Q i 1 walkways , � a ,,, i Bus ld ngs should copy arc.tectural dtyf nd I ,,I✓"' ,I r , 1 ` dr I'ark,ng I'lacenixnt 7 to t os.ble long to s de aril rear of -Ste pl ul 1 k 6 i,Ito tr of th I u I it g. , defta,s,design temes,budding n llr as.nd colors ' b Idr tb r t NS CR a d CC Durncrs ©S-Id'6 witl more tha t-v pn i.C i, 01 the sw rounding n.w develop Went t t/n ' ' LINE LEGEND: b.l ark ng pncc.a at lent lo'han rzsde coal lot frc nt. Zooftofa corner. JTMOWNER: line ---_—__— 59 Building Anc�nlatioq a.Walls not exceed height w,dth earl f 1 to v thous QApphcation oflasc standards to facades oot 204 TECHNOLOGIES DEVELOPMENT PLAN Pnrm and ma..mg varimmn m ma..rng or racad..nt I.aat zs%nr la.ntg a ptmre,tree,. 204 I NDUSTR I Al COURT ---••-PROPERTY LINE y3 Access Drives a.Minimum width of 24•fuming radius oft, ®Combined access points with adjacent tracts. facade offset at least 4'. OUsz of Architectural detailing and/or wYL I E.TEXAS 75098 —►DRAINAGE FLOW b.Access drive atfeast I50'Crom intersection. ®Direct connzction between buildings and sneer. b.Entrances must be emphasized witb amltitechrral materials to provide variety in visual DAMES dOYCE LOT 1,BLOCK A-PREMIER PLAZA PROPOSED WATER LINE A....sddv.ss.ingd.velopmentsg.aerman .Leman appearance. (9721 429-6575 -----ROAD CENTER LINE 30,000sgft shall have separaredmedrayor be c.Ground floor facadesmNS,CR,&CC Drsrricts JTM TECHNOLOGIES PROPOSED STORM SEWER panted at leastl5o'trom.ad,ah.r mredspecilredf.amr.salong6o%eflengilr ARCHITECT: PROPOSED STREET and apdv.atmemnf.mnnees J.L.BRANTLEY. INC. 6to- EXISTING CONTOUR LINE fi.-Arenneewral —a.andan,gsrnm.NsanaaiDr,tnets.naub. a.anud b ii"Pilrr«,rsm..rmgmrninnm 205 FOUNTAINHEAD DRIVE 1405 MHARTINEZ LANE,WYLIE,TEXAS 54 Location of Service a Service and load ng areas shall not be visible aQNor visible from puhlia street but prov—nason C'om t cold architecttrat tom t ble,vim surrtrundm t ofres d.nal d.velo t PL AND.TEXAS 75023 �it PROPOSED CONTOUR LINE °,! par y par requnemen caner and Loading Areas from a public street or adjacent residential cot. Wing. ,eighhorhoods. b.buildings with hip roof sections,dormers or JERRY BRANTLEY ——-BUILDING SETBACK LINE Dev.ln,r,.em,unable to m..t the above die HELMBERGER ASSOCIATES INC. ——-DRAINAGE EASEMENT h.animings m eC District aaJacent nr wimin zoo of n n nr mar.gol,le roof seat n,a.rig. t 972 1 758-2700 •DRAINAGE D 1 V I DE l I NE w%gates.to have masonry screening walls residential areas shall be archite_.ally compatible. angles to each nth.= -_ CIVIL AND ENVIRONMENTAL ENGINEERS ENGINEER: •.,100PER ROA,WOE TEXAS 77095 1972)442.7459 ROw/LOT LINE HELMBERGER ASSOCIATES. INC. 1525 BOZMAN ROAD DESIGN DRAWN DATE SCALE NOTES FILE NO. WYLIE•TEXAS 75098 RANDALL 2.HE9WERGER.PE ARTICLE 4:NONRESIDENTIAL DISTRICT REGULATIONS I 47 I, HELM. CARD 2007 1"-HP SPLAN 0741 C 1ARTICLE 4:NONRESIDENTIAL DISTRICT'REGULATIONS Page 4'� (972)442-7459 12007Jobs\0741-JTM\SPLAN.DGN 5/24/2007 8:54:18 AM Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Meeting Date: June 5, 2007 Item Number: 4 Department: Planning Prepared By: Charles H. Lee, AICP Subdivision: Hooper Business Park Date Prepared: 05/01/07 Zoning District: Light Industrial Exhibits: Site Plan Subject Consider and act upon approval of a Site Plan for a proposed 5,990 square foot office/warehouse development on Lot 8, Block A of the Hooper Business Park Addition, generally located on the east side of Security Court, just south of Steel Road (203 Security Court). Recommendation Motion to approve a Site Plan for a proposed 5,990 square foot office/warehouse development on Lot 8, Block A of the Hooper Business Park Addition, generally located on the east side of Security Court,just south of Steel Road (203 Security Court). Discussion The applicant is proposing to develop a single story office warehouse building on one lot. The lot is .592 acres in size. The proposed building totals 5,990 square feet and will include 1,500 square feet of office space and 4,490 square feet dedicated to warehouse use. The subject property is platted as Lot 8, Block A of the Hooper Business Park Addition, and has been since 1990. The property is currently zoned Light Industrial (LI) District. Office/Warehouse is a permitted use within the LI District. The proposed building will be constructed primarily of face brick with stone accents. The proposed plan meets the base design standards and includes a tabulation of how the desirable design standards will be met. Recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Approved By Initial Date Department Director Page 1 of 1 INSPECTION NOTES: I 1)ALL INSPECTIONS MUST BE REQUESTED THROUGH THE NOTE: CITY OF WYLIE'S AUTOMATED TELEPHONE SYSTEM® PRIOR TO THE BEGINNING OF ANY CONSTRUCTION 972 442-8149(REQUESTS MADE BEFORE 8AM CAN CONSTRUCTIONOR STAKING,T SHALL B H CONTRACTORS RESPONSIBILITYTO CONTACT THE BE SCHEDULED FOR THE SAME BUSINESS DAY) CIVIL ENGINEER TO ENSURE THAT ALL PARTIES ARE I 2)INSPECTIONS CAN BE CANCELED®THE DISCRETION IN POSSESSION OF THE MOST CURRENT SET OF OF THE SR.INSPECTOR(DUE TO WEATHER CONDITIONS) CONSTRUCTION DOCUMENTS. JOR BY CONTRACTOR(DUE TO PREVIOUS CONDITIONS) ONLY DRAWINGS STAMPED"RELEASED FOR ALL CANCELED INSPECTIONS MUST BE RECALLED. FH 3)ANY QUESTIONS CAN BE ADDRESSED BY CONTACTING CONSTRUCTION"TO BEE USEEDD FOR TCO CONSSTYTRUCCTION. a Z OF WYLIE THE APPROPRIATE DEPARTMENT BETWEEN 8AM-9AM OR — Rpp,O BUILDING/ELECTRICAL:4PM-5PM(LEAVE SAGE,IF NO ANSWER) 2�0 1"I 20 200 I S"C�E�'R o/ W x 60 CITY OF WYLIE DESIGN REQUIREMENTS L.LJ I I PLUMBING/MECHANICAL: Z z I SITE DESIGN REQUIREMENTS (4 Required) 5 1,',, LOT 7 Building Placement: a.Building at front yard line 5aa Z Q SR.BUILDING:::0R arking Placement b.Site Plan with no Parking in front of building !-,Z,' ITEHALL BE RESPONSIBLE FOR CAPITAL 9T. w �n R=20.0' 4 1O'x20' FIELD VERIFYING THE LOCATION OF ALL EXISTING W < I.N N T=14.26' 20.0' (4) UTILITIES AND EASEMENTS PRIOR TO START OF Access Drives b.Direct connection between buildings and street 0 J w ciUTILITY ESMT, PARKING L=24.78 N 89°58'46"E 171.47' OPERATIONS. CONTRACTOR WILL NOTIFY THE EXCHANGE ST.wa HENSLEY I.' rn — — OWNER'S REPRESENTATIVE OF ANY Architectural Design Requirements(3 Required) o Z N DISCREPANCIES PRIOR TO STARTING THE WORK. ° Z m EXISTING UTILITIES AND UNDERGROUND FACILITIES Building Materials a.Use of 2 primary facade materials w o~, INSTALL 25±LF OF 4"SDR-35 INDICATED ON THESE PLANS HAVE BEEN b.Copy same style entire block U EX.I LET LOCATED FROM REFERENCE INFORMATION.IT =5 7.33 WASTEWATER LATERAL W/DBL I Building Articulation, b.Use of Architectural detailing/materials/materials to provide r TIE APPROACH y ��Q• p 10.0' LS I UTILITIES AND UNDERGROUND FACILITIES PRIOR STREET(PER CITY o Landscaping Design Requirements(4 Required) TO START OF CONSTRUCTION.TAKE THE REQUIREMENTS) �q NECESSARY PRECAUTIONS IN ORDER TO PROTECT Landscaping in Re'd Yards a.Landscaping that exceeds minimum b 10/ I _L __ _ TRASH ENCLOSURE ALL FACILITIES ENCOUNTERED.THE CONTRACTOR p 9 q p 9 y LOCATION MAP CONNECT TO EX.4"SEWER - R5.0' I / W/6'MASONRY SHALL PRESERVE AND PROTECT ALL EXISTING Landscaping of Parking Lot b.No Parking Space>40 ft.from L/S area NOT TO SCALE a TAP PER CITY STANDARDS. I ' ' w SCREENING WALL, R5.0 FIRELANE: o a I -/ &METAL GATES. UTILITIES FROM DAMAGE DURING CONSTRUCTION. c.Landscaped Pedestrian Connection J /JO® 6"3600 PSI N o I / o of #3 018"O.C.E.W. Landscaping of Street b.Increase in minimum width of L/S buffer by 20% I ❑ 12 Frontages CONNECT TO EX.WATER /—————o————.1 I^ TRACT 12 PAVING NOTES: TAP FOR DOMESTIC& o d w 1)FIRELANE&APPROACHES TO BE 6"THICK, IRRIGATION LINES -� _ ► ABSTRACT Ao7o3 PECUEs snwcuT FILL DEPTH& I°, L.K.,17,928 ACRES cuRe&GUTTER 3,600 psi,6 SACK MIX,REINFORCED WITH (VERIFY SIZE IN FIELD) w R20.C' 4,. .� o #4 BARS 018"ON CENTER.(O.C.)LIME / N USE.UNDEVELOPED 9" s" SUBGRADE TO BE 6"THICK 2)DUMPSTER PAD TO BE 7"THICK,3,600 psi,6 r- I SITE DATA: SACK MIX,REINFORCED WITH#4 BARS®18" 2a"LUB ICATED SMOOTH#6 DOWEL BAR O.C.THE SUBGRADE SHALL HAVE A DENSITY L 27.3' -�20.0' -' EXISTING SEWER LATERAL ® 4.0' -` VERTICAL S W OF NO LESS THAN 95%TSHPT TEST METHOD LOT 8,BLOCK A " 4.7' LOT AREA: HOT PouRED RueeER DETERMINE LOCATION cur 3/8"(w) TEX-113 HOOFER BUSINESS PARK cn 0.592 Acres,25,782.21 Sq.ft. JOINT SEALING COMPOUND a IN FIELD , o m `o o LS (7)10'x20' TOP 1/4"- 3)ALL NON-FIRELANE PAVING CAN BE 6"THICK, PARKING NO SEALING 3,000 psi,6 SACK MIX,REINFORCED WITH#4 it in PROPOSED USE: oMPourlD 1 LS PROP.BLDG BARS 0 18"O.C. INSTALL: (2)1"WATER m 40' 5,990 SF I Office/Warehouse - /a T 4)ALL FILL AND LIME SUBGRADE SHALL BE SERVICES W/(2)3/4" ''v vs N, (ONE STORY) CONC.PAVING: PROPOSED • - I. EXISTING - PLACED ON 8"LIFTS AND COMPACTED TO METER BOXES FOR DOMESTIC -1 ,- 5"3000 PSI LOT COVERAGE: �- - PAVEMENT _ • - PAVEMENT 95%OF STD.PROCTOR 0 MOISTURE RANGE AND IRRIGATION IN CITY R.O.W. :5 -,,,1 o #3 0 18"0.C.E.W. I 23.23% r //V/ // �_��A OF 0%TO+6%OF OPTIMUM MOISTURE. (IN GRASS)INSTALL RPZ ON o 100.0' (UNLESS OTHERWISE NOTED) DOMESTIC LINE&IRRIGATION z 200' , FLOOR TO AREA RATIO: - LINE ON PRIVATE PROPERTY. BTDO — — LS — — —� 4.3:1 1•-3-(MIN) DOWEL SPACED ON 1'CENTERS BOTH WAYS, 10 0' BUILDING AREA: T=THICKNESS 6"OFF TIE BARS. 10 0' N 89°58'46"E 172.29' OF PAVEMENT VERTICAL SAW CUT HOT POURED RUBBER JOINT BLDG- BLDG 5,990 SQ.FT. TIE TIE (OFFICE=1,500) NOTES: 1/8"TO 3/16"WIDE��SEALING COMPOUND Y PROPOSED - (WAREHOUSE=4,490) a �' 3'SIDEWALK 1.NO.5 SMOOTH DOWEL BAR MAY BE USED IN 5"AND 8"PAVEMENT Q THICKNESS. ,1_ �, CL Q BUILDING HEIGHT: 2.LONGITUDINAL BUTT CONSTRUCTION MAY BE UTILIZED IN PLACE OF LONGITUDINAL HINGED(KEYWAY)JOINT(CONTRACTORS OPTION.) x 14'(one story) 3.DOWEL BARS SHALL BE DRILLED INTO PAVEMENT HORIZONTALLY BY USE ~ (Y LOT 9 OF MECHANICAL RIG. -DRIWNG BY HAND IS NOT ACCEPTABLE( I- 1111WMIMINII ~N Q 8 BLOCK A BUILDING SETBACKS: -PUSHING DOWEL BARS INTO GREEN CONCRETE IS NOT ACCEPTABLE Ll..l } O usE:UNDEVELOPED D Z it, 1 FRONT:20' Y .4 BARS ON 18" O(n U. LONGITUDINAL BUTT JOINT cTRs.BOTH WAYSo IMPERVIOUS AREA (SEE NOTE) 0 D O U (NEW TO OLD CONCRETE) I E THIS PROPERTY LIES IN ZONE LI (including buildings): N.T.S. SAWED CONTRACTION JOINT CO m 16,012.21 SO FT. V AND NO PORTION LIES IN 100 YR.FEMA FLOOD PLAIN AREA N.T.S. , 11 N ZONING: 1 2• 00 0 LIGHT INDUSTRIAL(LI) 3"RADIUS U 0 I—w SAWED GROOVE HOT POURED RUBBER JOINT 3/8"RADIUS 6- L1J O O PARKING: r E LING COMPOUND 1"MIN. N=J 1:3 BATTER t4®18"O.C. Parking Required=10 - SECOND POUR BOTH wAYs NOTES: Office(1 space/300 sq.ft.)=5 - ^__ a /-R 1-1/2. 1.ALL WORK MUST CONFORM TO CITY OF WYLIE STANDARDS. Warehouse(1 space/1,000 sq.ft.)=5 2.ALL WORK IN PUBLIC RIGHT-OF-WAY SHALL CONFORM TO CITY OF WYLIE Handicapped Provided=1 0 STANDARDS AND DETAILS Total Provided=11 #4 BARS ON 18" I LAP BARS 30 DIA&TIE 3.ALL PRIVATE DETAILS ARE SUPERSEDED BY STANDARD CITY DETAILS. CTRs.BOTH WAYS 4.THIS FACILITY MUST MEET IFC CODE 2003 COG OPTION B&LOCAL AMENDMENTS. LANDSCAPE: (sEE NOTE) 5.FIRE SPRINKLER SYSTEM REQUIRED OR APPROVED OPTIONS TO FIRE SPRINKLER ADDRESSED Landscape Area Required: CONSTRUCTION JOINT AT PLAN REVIEW OF BUILDING. 2,578 sq.ft.(10%of 25,782 sq.ft.) N.T.S. COMPACTED Landscape Area Provided: CONSTRUCTION JOINTS SUBGRADE 9,770 sq.ft. ®40'O.C.TYP. INTEGRAL CURB 3600 or 3000 PSI #4 ON 18"O.C. N.T.S. a CONCRETE BOTH WAYS CONT.GUTTER Mill=glirkMETAL ROOFING _---- _ - � Date: 5/17/07 I- .MZZISMSS5 1111111 FAC ICK ititiffintr-_=== _=--_ 'ill-=__-=_ ---=---=---=---- I21111 _ _ - ____= - - _ - - ACEBRICK �7 E t3R ---- -- _ ------- ----------------- -------------- '--_= -----= - �-----------_=-- _= �__--__' =—'=_—=_' ---------------_= ,T-5"avin or 6"firelane THICK 3000 or ________-- _ .5 mIM DOUINSPOUT lU/ ____________________________-__=___ =_-_=__-_=-- =__=__—=__ —=__—_=__- --_--------_ -- - - - E PER ETER 1 ----------------------------------- ----------- ------------------------------ 3600 PSI CONC.W Q 18"O.C.E.W. ac: ■ wcxr xmcxxxs --- ° cxg_ _ =o-cg SPLABLOCK --------------------------- ------ ---------=- =_=—_=_—_=__—=__—_=_—=__—_=__- -------------- _ ------------ ------------------------------ Sheet Tltle _____--- ________=_________-- =_____= -- ____________________ ______� OF OPENINGS CTYP) v w ------,���=====_====_===-----,�6.======= =- .��-_-------------------�-------� ==-====-===-===-====-==-====_====_=-==-====-===-===-====.=_s __ __.-__-__- _- __- __-__ PAVING DETAILr '�� ;I 1 _____________________________________=—_=__—=__—=__—_=_ -- _===—_=_—_=__—=__—_=_—=__-_=__- CONCEPTUAL -- --= -- ------------------------------- N.T.S.°.----� -�'----� ■■■ §-_-� ----i $TONE I______________________________=__—=_=___—_=_—_=_—_=__—___= _= _=_ ==-===-====-==-====-==11—�, o -o ---------------------------■ --------—=' -- SITE PLAN ■I x3 DECORATIVE OWNER: Sheet Number 2 NCw FMA FRONT ELEVATION SIDE ELEVATION STONE THESE PLANS ARE FOR PRELIMINARY REVIEW PURPOSES IGE 544,STE.104 C101 SCALE: 1"=10' SCALE: 1"=10' ONLY,NOT FOR CONSTRUCTION. MURPHEY,TEXAS 75094 < 972-423-9812 Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Meeting Date: June 5, 2007 Item Number: 5 Department: Planning Best Corner Wylie Addition, Prepared By: Charles H. Lee, AICP Subdivision: Block A, Lots 1 &2 Date Prepared: 05/25/07 Zoning District: Commercial Corridor(CC) Site Plan, Elevation,Landscape Exhibits: Plan&Parking Agreement Subject Consider a recommendation to the City Council regarding a Site Plan for Best Corner Wylie Addition, Block A, Lots 1 &2 (Ace Check Cashing& Metro PCS). Subject property being generally located on the northeast corner of SH 78 and W. Kirby Street. Recommendation Motion to recommend approval to the City Council for a Site Plan for Best Corner Wylie Addition, Block A, Lots 1 & 2 (Ace Check Cashing & Metro PCS) generally located on the northeast corner of SH 78 and W. Kirby Street. Discussion Normally, the review and approval of site plans are delegated to Planning & Zoning Commission. In this particular case, the applicant is requesting approval for special parking alternative along with the site plan. Article 7, Section 7.3 Off-Street Parking Requirements (F)Parking Alternatives. This provision allows for minimum required parking spaces be satisfied in lieu of off-site parking under certain conditions. The conditions as laid out in the ordinance include a legal agreement that runs with the property (land) and subject to City Council review. In this case the applicant is requesting that the Commission and ultimately the City Council consider allowing the excess parking spaces on Lot 2 be counted towards meeting the required parking for Lot 1. The applicant is proposing to redevelop two existing commercial properties located at the northeast corner of SH 78 and W. Kirby Street. The property is zoned Commercial Corridor (CC) District and consists of two lots totaling .594 acre in size. A preliminary plat was approved on this property in January 2006 establishing the two lots. Lot 1 is .15 acre (6,714 sq. ft.) in size with an existing 1,648 sq.ft. brick building on site. Lot 1 was originally developed in the mid-1980 as a convenience store with gasoline pumps. In the mid 1990s TXDOT acquired portions of this property to accommodate the widening and improvements for SH 78. Recently, the City of Wylie has acquired portions of the property to accommodate rights-of-way for a right-turn lane and other traffic improvements at the intersection. The property owner was compensated for the acquisitions; however the property could no longer accommodate motor vehicle fueling station uses. More recent retail uses to the property include ice cream shop and convenience store. The applicant is proposing to convert the existing Page 1 of 2 Page 2 of 2 building into a check cashing service (Ace Cash America). The site work will consist of, landscape improvements, resurfacing of pavement, relocation of drive way and minimum alterations to the building elevations. Lot 2 is .44 acre (19,190 sq. ft.) in size with an existing 1,710 sq. ft. building on site. Lot 2 was originally developed in the mid 1970s as a drive-in restaurant (Dairy Queen) and until recently, the property continued those restaurant uses (Subway Sandwich Shop). The Subway restaurant has recently relocated and the restaurant has been vacant since that time. The applicant is proposing a cellular communications retail center for the property (Metro PCS). Site improvements include pavement resurfacing, a drive approach via Kirby Street, landscape improvements, relocation of dumpster pad and screening and minimum alterations to building elevations. Staff recommends approval subject to City Council review and approval of parking agreement document. The issuance of certificate of occupancy for the property is expressively contingent upon this agreement being filed and recorded with County Clerk and remaining in effect. Approved By Initial Date Department Director After recording, return to: Attn: Renae 011ie City of Wylie 2000 Highway 78 North Wylie, Texas 75098 PARKING AGREEMENT This Parking Agreement and Declaration of Consent is entered into between Stanley C. Haddock, an individual residing at 221 Country Club Drive, Heath, Texas 75032 (hereinafter "Haddock") and Lafayette Landing Development, Ltd., located at 221 County Club Drive, Heath, Texas 75032 (hereinafter"Lafayette"). WHEREAS, Haddock owns a tract of real property,with improvements thereon, located at 503 S. State Highway 78, Wylie, Texas, more particularly described by its legal description contained in Exhibit"1" attached hereto (hereinafter"the Haddock Tract"); and WHEREAS, Lafayette owns a tract of real property, with improvements thereon, located at 501 S. State Highway 78, Wylie, Texas, more particularly described by its legal description contained in Exhibit "2" attached hereto (hereinafter"the Lafayette Tract"); and WHEREAS,the Haddock Tract and the Lafayette Tract are adjacent and contiguous to each other; and WHEREAS, Haddock is the sole partner/owner of Lafayette; and WHEREAS, Haddock and Lafayette consent and agree to permit Tract A and B, and any occupants thereon to share the parking/parking spaces between the two lots so as to comply r with parking alternatives granted by Article 7, Section 7. (F), of the general development regulations in the City of Wylie Zoning Ordinance. NOW THEREFORE,in consideration of the following,the parties hereby agrees as follows: PARKING AGREEMENT PAGE l Haddock and Lafayette hereby consent and agree that the use of the parking spaces,sites and rights available for Tracts A and B shall be permitted, utilized and/or available for use by tenants, occupants,or any other users of both Tracts A and B, so that parking spaces/rights may be utilized to satisfy/comply with parking requirements of the City of Wylie, Texas and otherwise satisfy Article 7, Section 7. (F)entitled"Parking Alternatives", General Development Regulations in the Zoning Ordinance for the City ofWylie, Texas. In accordance with this Agreement, the tenants, occupants and other users are permitted/entitled to share the parking/parking spaces on the two lots. This consent and agreement shall run with the land and be applicable for both Tracts A and B until otherwise revoked by the parties. Executed this day of , 2007. STANLEY C. HADDOCK LAFAYETTE LANDING DEVELOPMENT, LTD, By: STANLEY C. HADDOCK, GENERAL PARTNER SUBSCRIBED AND SWORN TO before me by Stanley C.Haddock on this _day of 2007. NOTARY PUBLIC in and for the State ofTexas (Typed or Printed Name of N otary) PARKING AGREEMENT PAGE SUBSCRIBED AND SWORN TO before me by Lafayette Landing Development,Ltd., by Stanley C. Haddock, its General Partner, on this day of= , 2007. NOTARY PUBLIC in and for the State of Texas (Typed or Printed Name of Notar PARKING AGREEMENT PAGE 3 /:=;/./:( , ,_:-- -. , - ,. '\ / \ 0 ,z' Ri95 \\ \ „„,7 --',--/,z-„----,„''-'/.„-,x-,---/„--,---<----/';=/'--');?'0"„.,:,<,4",,,>rA-‘3',1-4:8oL-Vn&e,-g.m'-,'A•/I.0,•',„VlEe'.'s-I / /d144A0/' / `\* LOt\\ /i� °� // \� v \ MOUSSA-SW1 ADDIT0® / j �•'QdlidMENT r 1, \ ZONCb �// 4 SIGN � -\�\ � LAND USE: AURANT SCALE i"=30' Py /'�� F-, : . / Gliao//// / c f i R195' \'B, ' /„ SAP,;','' s' , \ COOPER A�� /:� G`�yF�yc�x'�,,.o. ' a:.,sip t °5 \ 6 KIROY STREET ,1/ �' TE . /b MH m Osev S- 9 \ 4OP,44. ."-'' ÷,:317-44,r-s \ ' --,..„,- \ NARTH ///'/ 7:411110W t%�� LO'T 1S�:�����y�^, � ,+ 0. 3/ H166RNtABANK2VICINITY MAP1. V 9.377ACRE5 �`u\ / zoNlNc:ect�pc�,�s,� //i�y6 /Not to sze i ' r d'x t/'` CONSTRUCT HARRIER ,`5 ,\ 1 } /"-%6 / ,y�,(,)�O • , j L t / FREERAMP(DER) s'h• �"d'``N� i,�pt•t< // �_t. 6 0 . �+y '' LR- `"v fTVPtcai) oP� o-�p. 1-0,,i, 3' /) kKs�t+I Gel w , a/BEFORE yo /-_ `-�' *S r � % \ ti`° ��9 / //\, �O �VGp,,4, /e 5'R A zo'R �s(1Ra \ 2 \.. / \,O Q�/ iq O \ �\ C�� `aG ",,,V,' J , I S MH \ /,, O\2 O�• ^�O „ '• \ 4'R l \ o Lp a°AV,* 'o s'' o ./ s•. N Nr ONE cm-, •�°' \ 4 �� C� \ ti "r <� a• ti� tPd- _ .� zzzzzz CA Q::,,,r4v,olo,,,:__1,,.,*:;,\ \ �O o°\ �o° �`� Pfirs / =tto/ •1,.;'`�. I.:1:a, \ 'x9 \\ ,y.. k�\ °do G° \\ {4.1 I� LOT11:( ��\ I.I - ' iMOUSSA-SWITZ£R ADDITION / \ <<`•�~��nY�,� ���'IIIII) \ \\ \ r. r°� � 7"c: ,� � ZONEDCC,-4:" , i/4\ \ \ o 3 LAND US£.VACANT gi"_ -\ \0 g ;• s'c`'G' 'N \ \ alas z � a p�S°a �`. I�-6• a��� G � y �3P4 \ 9 It Iy �,--��\\�.�''t! 0�� �\\ sow, 9��OQy����Gl \ \ \ Rss ti",r�r `'���y o� s=; �`• i0 e o 2 r �SEm N h u1 : fE4 P�oe: M��'t 1 j • ..iiii v�<- -- '�"T"��"---'\ 7q1 WM "' D NEW SIDE WALK 'VOL. .4, : p ® "i/ O W 164 W.KIRBY STREET 1,,,,,,POLE �0\09�0 /' 6�\hp,�$ ao�Rowss ,so�---— �/h0 �\ ����_� OWNER SURVEYOR ENGINEER N 8729r34 W 11B 7�3————ems 5 W. KIRBY STREET \ STANLEY HADDOCK ROCKWALL SURVEYING THE DIMENSION GROUP - .:--�_�. _ 221 COUNTRY CLUB DR. 1984 S.FM 551 10755 SANDHILL ROAD Ex sTa+ HEATH,TEXAS ROYSE CITY,TEXAS 75189 DALLAS,TEXAS 75238 .1' 972-772-4144 PHONE 9 7 2)772-543443 MOSTAFA)343-9SOH0 P.E. o FAX 2)772 SITE DATA SUMMARY TABLE N EXISTING ZONING USE CC(COMMERCIAL CORRIDOR) CONVENIENCE STORES BEST CORNER-WYLIE ADDITION ,n o LOT AREA"1"CASH AMERICA 6,714.97 S.Q.FT.(0.154 ACRES) LOT AREA"2"METRO PCS 19,205.E S.Q.FT.(0.441 ACRES)BUILDING"1"SQUARE FOOTAGE 1,648 S.Q.FT. BLOCK A LOTS 1 & 2 o E BUILDING"2"SQUARE f00TAGE 1,710 S.Q.FT. 7- LOT COVERAGE AREA"1" 24.5% 0.594 ACRES LOT COVERAGE AREA"2" 8.9% z PARKING RATIO 1:300 �� TOTAL PARKING REQUIRED LOT"1" 6 AN ADDITION TO THE CITY OF WYLIE 0.69 ACRES S.B.SHELBY S TOTAL PARKING REQUIRED LOT"2" j TOTAL PARKING REQUIRED LOTS"1&2" 12 SURVEY A-820 CITY OF WYLIE,COLLIN COUNTY,TEXAS 5 TOTAL HANDICAP PARKING REQUIRED"1" TOTAL HANDICAP PARKING PROVIDED"1" 1 L'JTOTAL HANDICAP PARKING REQUIRED 2 1 TOTAL HANDICAP PARKING PROVIDED"2" 1 _ > TOTAL PARKING PROVIDED,LOT"1" 2 E ® �` ®®� TOTAL PARKING PROVIDED LOT"2" 15 VI � im�� TOTAL PARKING PROVIDED LOTS"1&2" 17(SHARED PARKING) ll LIGHTING LOT"1" 2 &NM gi ORovM LIGHTING LOT"2" 3 M TOTAL LIGHTING LOTS"1&2" 5 WM LANDSCAPE REQUIRED LOT"1" 20%QR 1,343 SF CIVIL ENGINEERING o LAND DEVELOPMENT o PLANNING o ARCHITECTURE o CONSTRUCTION MANAGEMENT a LANDSCAPING PROVIDED LOT"1" 20.4%OR 1,367 SF 10755 SANDHILL ROAD,DALLAS,TEXAS 75238 TEL:214-343-9400 FAX:214-341-9080 =o LANDSCAPE REQUIRED LOT"2" 20%OR 3,841 SF / I o LANDSCAPING PROVIDED LOT"2" 28.6%OR 5,490 SF DRAWING INFO. PROJECT No.06079 ` as:-i SHEET NUMBER °.'N FRONTAGE LANDSCAPE REQUIRED LOT"1" 10%OR 671 SF `� �N FRONTAGE LANDSCAPING PROVIDED LOT"1" 20.4%OR 1,367 SF �wi�'' • �► DATE: 05-11-07 , * ,.► j� FRONTAGE LANDSCAPE REQUIRED LOT"2" 10%OR 1,920 SF '*• *► C 1 of FRONTAGE LANDSCAPING PROVIDED LOT"2" 17.6%OR 3,378 SF SITE PLAN R o TOTAL SQ.FT.OF IMPERVIOUS SURFACE"1" 79.6%OR 5,348 SQ.FT. � .ICHARDW.•AKIN jo TOTAL SQ.FT.OF IMPERVIOUS SURFACE"2" 71.4%OR 13,71E SQ.FT. DRAWN BY:CHB ►�i';, •83863 w�"� S D TOTAL SQ.FT.OF IMPERVIOUS SURFACE"1&2" 73.5%OR 19,064 SQ.FT. �10�r�C��Gq*wa CHECKED BY:RA ooi�oitir'i:.`a s�zy/7 J REV.5/24/2007 Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Public Hearing Meeting Date: June 5, 2007 Item Number: 1 Department: Planning Prepared By: Renae' 011ie Zoning Case Number: Date Prepared: 6/1/07 Exhibits: Proposed Ordinance Subject Hold a Public Hearing and consider amendments to Article II of the Subdivision Ordinance establishing regulations regarding the abandonment of right-of-way. Recommendation Motion to table and take action at the June 19, 2007 meeting. Discussion Staff is recommending that the Commission review the proposed amendment and hold a brief discussion if necessary, but table the item until the June 19th meeting at which time action will be taken. The proposed ordinance will provide principles and procedures for the abandonment of Right-Of-Way. BACKGROUND: Land and those interests as outlined in Local Government Code § 272.001 (b) may not be conveyed, sold, or exchanged for less than the fair market value of the land or interest unless the conveyance, sale, or exchange is with one or more abutting property owners who own the underlying fee simple. The fair market value is determined by an appraisal obtained by the political subdivision that owns the land or interest or, in the case of land or an interest owned by a home- rule municipality,the fair market value may be determined by the price obtained by the municipality at a public auction. CONSIDERATION: The City receives no tax revenue from right-of-way property. If and when the right-of-way is converted to private ownership,the land and any improvements placed thereon will be subject to all taxes of the City of Wylie. Right-of-way abandonment requires only Council action and no review by any Board or Commission. However, before the right-of-way may be used for private purposes it must be incorporated into a plat or a replat approved by the Planning and Zoning Commission and City Council. Approved By Initial Date Department Director RO 6/1/07 Page 1 of 1 CITY OF WYLIE, TEXAS ORDINANCE NO.: AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE II, BY ADDING SECTION 2.12, OF THE SUBDIVISION REGULATION ORDINANCE NO. 2003-03, WHICH IS INCORPORATED AS APPENDIX B OF THE WYLIE CODE OF ORDINANCES, AS AMENDED, TO PROVIDE REGULATIONS REGARDING THE ABANDONMENT OF RIGHT-OF-WAY; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Article II, by adding Section 2.12, of the Subdivision Regulation Ordinance No. 2003-03, which is incorporated as Appendix B of the Wylie Code of Ordinances ("Code"), as amended, to provide regulations regarding the abandonment of right-of- way, should be amended; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to amend Article II, by adding Section 2.12, of the Subdivision Regulation Ordinance No. 2003-03, which is incorporated as Appendix B of the Wylie Code of Ordinances, as amended, to provide regulations regarding the abandonment of right-of-way, should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Article II, by adding Section 2.12, of the Subdivision Regulations Ordinance No. 2003-03, which is incorporated as Appendix B of the Wylie Code of Ordinances, as amended, to provide regulations regarding the abandonment of right-of-way. Amendment to Article II, adding Section 2.12, of the Subdivision Regulations Ordinance No. 2003-03, which is incorporated as Appendix B of the Wylie Code of Ordinances, as amended, to provide regulations regarding the abandonment of right-of-way, is hereby added to read as follows: Section 2.12: Abandonment of Right-of-Way 1. Abandonment of right-of-way may be applied for under the following conditions: a. The request shall be initiated by an abutting property owner of the right- of-way to be abandoned. b. All property owners abutting such right-of-way shall be notified by the applicant of such request by certified letter. A written response from each abutting property owner must be received by the City prior to staff review. c. All public utilities that have an easement or facilities in the right-of-way that is the subject of the request must consent in writing to the abandonment. If it is determined following review of the application by city staff that ongoing utility interests be protected through easement dedications, the applicant or his authorized agent shall be required to develop and submit a plat dedicating such easements. d. A summary of how the city acquired the right-of-way to be abandoned shall be included with the documentation provided by the applicant. e. A certified appraisal of the value of the land to be abandoned shall be submitted to the city by the applicant. The City Council may waive the requirement for an appraisal if Council deems that it is in the best interest of the City and if allowed by law. f. An explanation which identifies why the proposed use of the land to be abandoned is of more benefit to the community under private ownership than retention of the land as public right-of-way shall be provided by the applicant. g. All property owners abutting such right-of-way must execute a release of claims agreement, and indemnify the City of Wylie against all suits, costs, expenses, and damages that may arise or grow out of such abandonment, which agreement shall be provided by the City of Wylie. h. When the required documents, including those sent to public agencies and abutting property owners, along with a cashier's check in the amount of the fair market value has been presented to the Planning Department, a Staff Report will be prepared and then attached to the ordinance for placement on an upcoming Council agenda. The party requesting the abandonment shall be sent advance written notice of the date, time and place that said request will be heard by the City Council. i. A plat or replat shall be submitted to the City combining the abandoned right-of-way into the adjacent platted lots. Such plat or replat shall be submitted to the city within six (6) months of City Council approval or the approval of the abandonment shall expire and be automatically revoked. Abandonment of right-of-way shall not be considered complete until such plat or replat has been prepared in accordance with this ordinance, and approved by the Planning and Zoning Commission, and filed with the appropriate county. 2. Procedure: Formal application for right-of-way abandonment shall be made by the applicant submitting to the Planning Department an application and all required documentation stating reason for abandonment and a description of the land. The City Council shall have the final authority to approve or deny an abandonment request. Applications shall be obtained from the Planning Department. A cashier's check for the fair market value of the right-of-way shall be submitted along with the completed application for abandonment. In the event abandonment is not granted by City Council, the funds provided will be fully refunded to the purchaser(s). The applicant shall have six (6) months from the date of City Council approval of the abandonment to submit and file a plat or replat with the county to incorporate the abandoned right-of-way into the adjacent platted lot(s). No permits shall be issued without a filed plat. The approval shall expire on the last day of the six- month period if all steps are not completed. Reapproval of an abandonment by the City Council may be applied for at any time subsequent to the date such abandonment becomes invalid by following the procedures set forth herein. If the Director of Planning or City Council should deem changes necessary in the reapproval of an abandonment in light of new or significant information or requirements, it shall so inform the applicant. 3. Content: The plat or replat shall be in accordance with the requirements of this Subdivision Ordinance and a note identifying what is being abandoned shall be shown on the plat or replat. 4. Abandonment of Fire Lanes: a. In instances where fire lanes are depicted on a plat of record, the owner of the property may submit request for a certificate of abandonment to remove the fire lane from the plat. The request shall be submitted to the Director of Planning in the manner prescribed by the Director. b. The request shall include an accurate diagram of the proposed abandonment and reference the exact name of the plat, including volume and page number where the plat was recorded. The request shall be forwarded to the City Council for consideration. c. Notwithstanding any action regarding the certificate of abandonment of a platted fire lane, fire lanes shall be provided in accordance with the City of Wylie Fire Code. d. The certificate of abandonment for a fire lane shall expire if it is not filed with the appropriate county clerk within six (6) months from the date of approval. SECTION 3: Savings/Repealing Clause: Wylie's Subdivision Regulation Ordinance No. 2003-03, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Subdivision Regulation Ordinance No. 2003-03, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of , 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd & Joplin, P.C. Julie Y. Fort City Attorneys DATE OF PUBLICATION ,Wylie Enterprise f Wylie Planning Zoning Commission CiTY OF WYLIE AGENDA REPORT Public Hearing Meeting Date: June 5, 2007 Item Number: 2 Department: Planning Prepared By: Jasen Haskins Zoning Case Number: Text Amendment Markup of Accessory Building Ordinance (Section 2.5.4), Date Prepared: 5/31/07 Exhibits: Photos of past ZBA cases, Subject Hold a Public Hearing and consider amendments to Zoning Ordinance Section 2.5.4 (Accessory Buildings). Recommendation Motion to table and take action at the June 19, 2007 meeting. Discussion Staff is recommending that the Commission review the proposed amendment and hold a brief discussion if necessary, but table the item until the June 19th meeting at which time action will be taken. After careful review and consideration staff has determined that the current accessory building ordinance (Section 2.5.4) is obsolete. Over the past three years numerous cases have come before the ZBA requesting variances to the ordinance for accessory buildings. In all of these cases the requests were granted. The current ordinance does not take into consideration the widely varying lot sizes and neighborhoods that accessory buildings are placed on. In addition, the current ordinance is outdated in regards to the various types of acceptable building materials that can be used for accessory buildings. As mentioned above, the six requested variances were granted. The revised ordinance would have negated the need for four of the six, or 66%, of the ZBA cases. The other two cases that would still need ZBA approval are similar in that the desired construction material was wood. While changing the proposed ordinances to include wood as a building material would have further lessened the need for variance requests, it is staffs opinion to exclude wood as a suitable material in the proposed ordinance due to concerns over the longevity of and maintenance issues with wooden accessory structures. The revised ordinance, by using percentages of lot size instead of a fixed accessory building size allows for more flexibility to the property owner while maintaining reasonable building sizes, materials, and numbers. This new formula, as provided in the proposed ordinance, bases the accessory building size and total lot coverage on a percentage of the total lot size and square footage of the main structure, unlike the current ordinance that utilizes lot size categories. The simple formula in the proposed ordinance takes into account the wide variety of lot and main structure sizes that are currently in use within the City of Wylie, while the current ordinance groups several lot categories together requiring the need for variances in otherwise unnecessary situations. In addition, the revised ordinance updates the allowed materials for the construction of an accessory building accounting for technological advances,namely durable vinyl construction. Page 1 of 2 Page 2 of 2 Lastly,the proposed ordinance eliminates confusion on definitions regarding accessory buildings and allows for accessory buildings that are within the intent of the current ordinance while still requiring a variance for accessory buildings that are proposed under unusual or exceptional circumstances. Approved By Initial Date RO 6/1/07 p De artment Director Current Accessory Building Ordinance 4. Accessory Buildings a. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. Attached buildings are defined as any building sharing a common roof with the primary structure. b. Detached accessory buildings shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. NOTE: Accessory buildings in AG/30 zoning districts directly associated with the support of a bona fide private agricultural use of the property have some differentiating requirements noted separately under the various headings below. Exc-ept-i-n-the-Agr-i-c-u-1-tural-(AGI-3-0)-Distr-i-Gt,14194-m-e-re-tha-n-twe-(2)-aGGesse-ry-buil-cli-n-gs may be place shall not exceed six hundred (600) square feet or twenty five (25) percent of the primary an-cl-a-GGesseily-Igui-1-di-n-g-(s)-ex-Geed-th-e-maxi-m-u-m-par-Gentage-of-l-Gt-Geverage-allowed-far the zoning district on which thestruc ores are planed. Exception 1: Accessory hi iildings located or, lots that are between one (1) and two (2) acres in size shall not exceed one thousand (1,000) square feet. Exception 2: Accessory buildings located on lots that are two (2) acres or more in size shall not exceed three thousand (3,000) square feet. Barn-s-an-d-Staial-esl-n-theAgr-i-c-u-kural-(AGI-3429-zon-ing-elistr-i-c-tsbarns-an-e11-Gr-stables (AGI-3-04194-n-g-Glistr-i-Gt—Said-barns-a-n-War-stables-s-ha-1-1-not-lae-located-withi-n-fifty-(5-0-} 5.4 "Special Use Permits" of this ordinance. 1. Number of Buildings: a. No more than two (2) accessory buildings may be placed on any residential or commercial lot. b. AG/30: The number of accessory buildings that may be placed on an AG/30 lot is limited by lot coverage (see 4.b.2.b). 2. Size Limitations: a. The combined floor area of all accessory buildings shall not exceed five (5) percent of lot coverage or sixty (60) percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory building(s) exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. b. AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot coverage. 3. Setback Requirements: a. Street: Accessory buildings shall not extend beyond a platted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten (10) feet from the property line. b. Easement: No accessory building shall be located within any easement. c. Front: Accessory buildings shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district, whichever is greater. d. Side: (b) Accessory buildings shall not extend beyond a platted front, sid-e-Gr-r-ear--b-ui-l-di-n-g-l-i-n-e-a-djaGe-n-t-te-a-st-r-eet—l-f-n-o-b-u4d-i-FI-g-l-i-n-e-ex-ists adjacent to a street nn an approved plat the building chapati-r oot be located closer than ten (10) feet from the side property Iine.Accessory buildings shall not be located closer then five (5) feet to the side property line when the accessory building is located behind the main building. When the accessory building is located in the side yard, the setback for the accessory building will be the same as the setback requirement for the main building. e. Rear: a) Tor, ('I 0) foe+ i f the rear nrnner-ty limo is arl iar►er,++n str z rig ht-of-way. (b) In situations other than those contained in c. 3. abovc, the rcar setback is five (5) feet. Exception: When the accessory building is a garage with fear-aGGess7the-r-ear-setba-c-k-s-hall-b-e-a-FA-i-n-i-FA-LI-FA-Gf-twen-ty-(2-0)-feet-fr-e-Fa the property line. When the accessory building is a garage or carport with rear access, the rear setback shall be a minimum of twenty (20) feet from the property line. All other accessory buildings shall not be located closer than five (5) feet to the rear property line. (4)-(24-11-e-F-Structures—AGGeSSO-Py-lauil-di-n-gs-shal-1-Ret-b-e-1-e-c-ated-with-i-n-five (5) feed of any other st cture. Exception: Carports. f. Other Structures -Accessory buildings, other than carports, shall not be located within five (5) feet of any other structure. g. AG/30: Barns and/or stables shall not be located within fifty (50) feet of any property line or dwelling. 4. Roof: a. (1) The minima im roof slope for all accessoly buildings shall be 3:12. . The minimum roof slope for all accessory buildings shall be 3:12, unless the accessory building is prefabricated, pre-finished, and covers less then three (3) percent of the lot or is a carport. b. (2) The color and materials of the roof of the accessory building mi st r►Insolyi rosomhlo tho r►nlnr and matorials of fho rnnf of fho main building. Exception: When the ccessor„ h,,ilding is a metal building, the roof material is not required to closely resemble the roof material of the main building. The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building, unless the accessory building is prefabricated, pre-finished, and covers less then three (3) percent of the lot 5. Exterior Walls: (1) Accessory buildings one hundred twenty (120) square feet and less in area are required to be constructed with exterior walls composed of metal masonry content required of the main structure. (2) Accessory buildings larger than one hundred twenty (120) square feet bu-t-l-ess-t-h-a-n-t4ree-h-u-n-d-red43-0-0)-square-feet-i-n-area-afe-rectui-red-te-be constructed with exterior walls o� -nnr y far ade material or the same masonry content required of the main structure. {-3)-AGGesse-ry-lau-i-1-di-n-g-s-ever-t-h-ree-h-u-n-d-red-(3-0-0)-square-feet-i-n-area-are required to be constructed with exterior walls composed of the same masonry content required of the main structure. The masonry used on the accessory building shall closely resemble the masonry used in the main building. Exception: Barns and stables located on property zoned Ogricut ral (AG/30) are exempt from the masonry-rc..rvuirement for ev alt, a. Accessory buildings covering less the three (3) percent of the lot are required to be constructed with exterior walls composed of metal with a baked-on enamel or vinyl finish, vinyl, composite masonry façade, or the same masonry content required of the main structure. b. Accessory buildings covering more then three (3) percent of the lot are required to be constructed with exterior walls composed of composite masonry façade material or the same masonry content required of the main structure. c. AG/30: Barns and stables located on property zoned Agricultural (AG/30) are exempt from the masonry requirement for exterior walls. 6. Height: a. Accessory buildings shall be limited to a height of not more than fourteen (14) feet to the top of the roof. ati-an [n4heAg-Pi-Gu4t-u-Pal-(A.G-13-0-)-z-e-n-i-n-g-Glist4Gt,aGGesse-ryAau4d-i-n-gs shall ge limi+orl +n heig-h+ of r,n+ mnro +her w n-ty p-0) foe++n +he ei9 of the roof. b. AG/30: Accessory buildings shall be limited to a height of not more than twenty (20) feet to the top of the roof. 7. NOTES: a. AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially enclosed, or open air shall require a Specific Use Permit as provided in section 5.4 "Special Use Permits" of this ordinance. 1111 11 .I e i — . Ill — "7.. `. La -- - • • _ _ T* .r _ - 931 Oakbrook Drive . 1 i) il r-.-: • • • ] ' . • k t 811 Crestview Lane 111 1J i \ 1 1 I 7' lih11,1: I `` . 2 Y — • 1750 McMillan Road 1740 McMillan Road .ti • ______c_.1:, ..-_ ,....:,. 7,7..17. __, __, ,.._ . k - .•I,,%,'.. : .. , - L s 304 Harvest Bend Drive • • Arw, * . ..! y ,.' a - - �� •ram. - • 1 if t y Example Prefabricated Accessory Buildings Accessory Building Comparison List Under the current ordinance there have been six residential variances granted for accessory buildings since July 2004. ZBA 2005-12 - 304 Harvest Bend • Exterior walls constructed of pre-primed engineered wood. • Current Ordinance - Needed variance for exterior materials (wood). • Proposed Ordinance - Need variance for exterior materials (wood). ZBA 2005-19—513 Valentine • Exterior walls constructed of OSB. • Current Ordinance - Needed variance for exterior materials (wood). • Proposed Ordinance— Need variance for exterior materials (wood). ZBA 2004-09— 1740 McMillen • 2000 square foot building with exterior walls constructed of composite masonry, defined as 3rd accessory building. • Current Ordinance - Needed variance for exterior materials (CM), 3rd accessory building on lot, and size (2000 sq ft.). • Proposed Ordinance— No variance needed. Composite masonry exterior walls allowed. Second garage redefined as an attached building. Maximum size allowed is 2850 sq ft. ZBA 2005-07— 1750 McMillen • 500 square foot building with exterior walls constructed of composite masonry, defined as 3rd accessory building. • Current Ordinance - Needed variance for exterior materials (CM). • Proposed Ordinance— No variance needed. Composite masonry exterior walls allowed. ZBA 2004-14—811 Crestview • 1300 square foot combined shop/carport with metal exterior walls • Current Ordinance— Needed variance for exterior materials and size. • Proposed Ordinance— No variance needed. ZBA 2006-03—931 Oakbrook • 1000 square foot building with exterior walls constructed of composite masonry. • Current Ordinance— needed variance for exterior materials and size. • Proposed Ordinance— No variance needed. Composite masonry allowed. Maximum size is 1301 sq ft. Under the proposed ordinance, four of the six ZBA cases would not have been required. The proposed ordinance eliminates confusion on definitions regarding accessory buildings, allows for accessory buildings that are within the intent of current ordinance, and updates the ordinance to include technological advances in building materials. Additionally, the proposed ordinance would still require a variance for accessory buildings that are proposed under unusual or exceptional circumstances. Wylie Planning Zoning Commission CiTY OF WYLIE AGENDA REPORT Public Hearing Meeting Date: June 5, 2007 Item Number: 3 Department: Planning Prepared By: Renae' 011ie Subdivision: Date Prepared: 06/05/07 Zoning District: Article 9 Proposed, Exhibits: Article 9 with mark-up Subject Hold a Public Hearing and consider amendments to Article 9 and setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. Recommendation Motion to table and take action at the June 19, 2007 meeting. Discussion Staff is recommending that the Commission review the proposed amendment and hold a brief discussion if necessary, but table the item until the June 19th meeting at which time action will be taken. The purpose and intent of the proposed amendment is an attempt to bring nonconforming properties into conformance with current regulations. The proposed changes do not prohibit a property from continuing a nonconforming use provided that such use was a conforming use prior to the time of passage of the previous Zoning Ordinance No. 2001-48 as adopted on November 11, 2001. One major change in the previous ordinance and the proposed ordinance is Section 9.5 Expansion of Nonconforming Uses or Structures. The previous ordinance allowed up to a fifty percent(50%) expansion of an existing legally nonconforming structure. What staff is now proposing is to eliminate this 50% regulation. The ordinance shall now read: No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the nonconforming use at the effective date of adoption or amendment of this ordinance. No additional structures shall be erected in connection with a nonconforming use of property. When a property owner makes application for a building permit, that permit vests the rights based on all current ordinances in place at that time. However, any expansion creates a new project. Project means an endeavor over which the City exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. If the original permit did not include or give the City reasonable notice of an expansion, any newly proposed expansion would generate a new permit. There are provisions in the Ordinance to allow an applicant to request a hearing by the Zoning Board of Adjustment. When the Board grants a variance for a nonconforming structure that structure and each non-complying feature becomes legally conforming. Page 1 of 1 Page 2 of 2 A clause has been added in regards to single-family dwellings. Single-family or two-family dwellings constructed prior to 11/11/2001 which do not provide the off-street parking required by ordinance shall be considered conforming in regards to parking. Furthermore, single-family or two-family dwellings constructed on platted lots which may now be legally nonconforming due to stricter standards contained in this ordinance, shall be deemed in conformance with this ordinance, as long as the use of the lot is allowed in the respective zoning district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered nonconforming. This clause was included as a result of the zoning class changes in 2006. With the citywide zoning change in January 2006 where residential lots went from a minimum SF-10/19 to the current classification of SF-10/24 rendered a great number of residential properties nonconforming. By adding this clause,these lots now become legally conforming lots. Again the intent is to encourage the lawful use of buildings and structures to conform to current zoning regulations, while allowing legally nonconforming uses to continue operations subject to ordinances regulating the maintenance of the premises and conditions of operations as may in the judgment of the Board be reasonably required for protection of adjacent property and the public health, safety and welfare. Approved By Initial Date RO 05/31/07 Department Director DRAFT (in or.\\!1.I i. Zoning Ordinance f ARTICLE 9 NONCONFORMING USES AND STRUCTURES SECTION 9.1 INTENT The lawful use of any building, structure or land existing at the time of the enactment of this ordinance or a prior zoning ordinance may be continued although such use does not conform with the provisions of this ordinance, provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to ordinances regulating the maintenance of the premises and conditions of operations as may in the judgment of the Board be reasonably required for protection of adjacent property and the public health, safety and welfare, and further, the right of nonconforming uses to continue or to use nonconforming structures shall be subject to the specific regulations herein contained. Within the districts established by this ordinance or amendments to this ordinance that may later be adopted, there exist lots, structures, and uses of land and structures, which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. Therefore it is the intent of this ordinance: to permit such nonconforming uses to continue, under regulations contained in this Article, until the uses are removed, but not to encourage their survival as a nonconforming use.as long as the conditions within this section and other applicable sections are met. that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. that lots of record in existence at the time this ordinance is passed or amendedbefore Jan ary 24, 2006 shall not be required to meet area requirements or lot width, or both, provided that yard dimensions, and other requirements not involving lot area or width, shall conform to the regulations of the district in which the lot is located. Variances to this provision shall only be obtained through action of the Board. SECTION 9.2 NONCONFORMING USESSTATUS DEFINED A. Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved. B. Except as provided in this Article, no nonconforming use of land or nonconforming buildings shall be enlarged, changed, altered or repaired except in conformity with these regulations. C. Any use or structure whichthat does not conform with the regulations of the zoning district in which it is located shall be deemed a-nonconforming use when: 1. The use was in existence and lawfully operating prior toat the time of the passage of thisthe previous Zoning ()ordinance No. , effective on (insert original adoption date of Wylie Ordinance), and has since been in regular andoperating without discontinuous use; or 2. The use is a lawful use at the time of the effective date of this ordinance (date ordinance adopted), and has since been in regular or continuous use; or -The use or structureis was a lawful use or structure at the time of the adoption of any amendment to this ordinance but by such amendment: (i)the use is placed in a district wherein such use is not otherwise permitted; or(ii)the structure is made to be nonconforming; or Page 1 DRAFT (in i�r.\\!1I i. Zoning Ordinance f 34. The use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time of annexation to the City and has since been in regular and continuous use; or 4. Uses which, prior to the effective date of this Ordinance did not provide the required number of off-street parking spaces, shall not be considered a nonconforming use in regards to parking, except as provided in paragraph 9.2D.,below. D Single-family or two-family dwellings constructed on platted lots which may now be nonconforming due to stricter standards contained in this Ordinance, shall be deemed in conformance with this Ordinance, as long as the use of the lot is allowed in the respective zoning district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Ordinance shall be met or the lot shall be considered non-conforming. SECTION 9.3 REGISTRATION OF NONCONFORMING USES The operator, owner or occupant of any nonconforming uses of land or nonconforming structures shall, within eighteen(18)months after the date on which the use or structure became nonconforming, register the nonconforming use or structure by obtaining from the Building Official a Certificate of Occupancy. Such nonconforming certificate of occupancy shall be considered as evidence of the legal existence of a I nonconforming use or structure as contrasted to an illegal use or violation of this ordinance. The Building Official shall maintain a register of all certificates of occupancy issued for nonconforming uses or structures and shall, on written request and payment of the required fee, issue a duplicate certificate to anyone having a proprietary interest in the property in question. SECTION 9.4 CONTINUANCE OF NONCONFORMING USES OF LAND ORAND STRUCTURES 9.4.1. NONCONFORMING USES A. Except as otherwise provided in this ordinance, the nonconforming use of the building, land or structure lawfully existing at the time of the effective date of this ordinance may be continued.The lawful use of land or lawful existence of structures at the time of passage of this Ordinance, although such do not conform to the provisions hereof, may be continued; but if said non conforming use or structure is discontinued or abandoned, any future use of the premises shall be in conformity with the provisions of this Ordinance. The lawful use of a building existing upon the effective date of this Ordinance may be continued, although such use does not conform to the provisions hereof Such use may be extended throughout such portions of the buildings as are arranged or designed for such use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the ARTICLE 9: NONCONFORMING USES AND STRUCTURES Page 2 DRAFT (in i�r.\\!1I i. Zoning Ordinance same or more restrictive classification. If such nonconforming building is voluntarily removed, the future use of such premise shall be in conformity with the provisions of this Ordinance. Discontinuance of a non conforming use shall commence on the actual act or date of discontinuance. Abandonment of a non conforming structure shall commence on the act or date of abandonment. When a non conforming use or structure does not meet the development standards of this Ordinance, is discontinued or abandoned for a period of six (6) months, such use shall not be resumed, and proof of such event shall constitute prima fascia evidence of an act of abandonment. Any non conforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been abandoned. B. No non-conforming use may be abandoned, reocc pied wit oher no co forms e—or increased as of the effective date of this Ordinance, unless specifically authorized in this Ordinance, unless approved by the Board..- Single family or two family dwellings constructed on platted lots which may now be nonconforming due to stricter standards, shall be deemed in conformance with this Ordinance, as long as the use of the lot is allowed in the respective district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Ordinance shall be met or the lot shall be considered non conforming. C. Any existing vacant lot platted prior to the adoption of this Ordinance which was legally conforming shall be deemed a conforming lot. 9.4.2. NONCONFORMING STRUCTURES Uses which, prior to the effective date of this Ordinance do not provide the required number of off street parking spaces, shall not be considered as nonconforming structures. A. A nonconforming structure may be occupied, upon receipt of a certificate of occupancy, except as herein otherwise provided. B. Repairs, renovations and alterations may be made to a nonconforming structure, provided that: (i) no structural alteration shall be made except those required by law or ordinance or those required to preserve the structure, unless the structure is changed to a conforming structure; and(ii)the work does not increase the nonconformity or expand the existing area of the nonconforming structure or any nonconforming use therein. This Ordinance shall never be construed to allow an addition to a nonconforming structure. C. A nonconforming structure shall not be added to or enlarged in any manner unless such addition and enlargements are made to conform to all the requirements of the district in which such structure is located. Page 3 DRAFT (in i�r.\\Hi i. Zoning Ordinance f D.No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the zoning district. SECTION 9.5 EXPANSION OF NONCONFORMING USES OR STRUCTURES Repairs and alterations may be made to a nonconforming structure, provided that no structural alterations or extensions shall be made except those required by law or ordinance or those required to preserve the structure,unless the building is changed to a conforming use. Uses of land made nonconforming by the passage or amendment of this ordinance may be continued so long as they remain otherwise lawful, subject to the following provisions. Any nonconforming use may be extended throughout any part of a structure which was manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance. A. No such nonconforming use shall be enlarged or increased, nor extended to occupy any land outside the existing building in place at the effective date of adoption or amendment of this ordinance • o • . A structure housing a nonconforming use may be renovated, remodeled or repaired without Board approval if the work does not increase the nonconformity or expand the existing area of the nonconforming use. B. A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use. A nonconforming use, if changed to a more restrictive nonconforming use, may not be changed except to an equal or a more restricted use; -No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the nonconforming use at the effective date of adoption or amendment of this ordinance. B. PNo additional structures shall be erected in connection with a nonconforming use of landproperty. C. The number of dwelling units or rooms in a nonconforming residential structure shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became nonconforming. SECTION 9.5 NONCONFORMING USES OF STRUCTURES Uses of structures made nonconforming by the passage or amendment of this ordinance may be continued so long as they remain otherwise lawful, subject to the following provisions. A. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered in excess of 50% of the square feet of the current structure, except in changing the use of the structure to a use permitted in the district in which it is located; B. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, if changed to a more restrictive nonconforming use, may not be thereafter changed except to an equal or to a more restricted use; Page 4 DRAFT (in or.\\!1.I i. Zoning Ordinance C. Any nonconforming use may be extended throughout any part of a structure which was manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no nonconforming use shall be extended to occupy any land outside such structure. D. A structure housing a nonconforming use may be renovated, remodeled or repaired without Board approval if the work does not increase the nonconformity or expand the area of the nonconforming use. SECTION 9.6 TERMINATION OF NONCONFORMING USES OR STRUCTURES The right to operate a nonconforming use shall cease and the use shall be terminated under any of the following circumstances: A. When the use is discontinued or abandoned. Discontinuance of a nonconforming use shall consist of the intent of the user or owner to discontinue a nonconforming use and the actual act of discontinuance. A legal nonconforming use,when discontinued or abandoned, shall not be resumed. B. The following shall constitute prima facie evidence of discontinuance or abandonment: 1. When land used for a legal nonconforming use shall cease to be used in such manner for a period of six(6)months. I 2. When a building or other structure designed or used for a nonconforming use shall cease to be used in such manner for a period of six(6)months. 3. Any nonconforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been abandoned. C. When any provision of this ordinance or any other ordinance, or Federal or State Statute is violated with respect to a nonconforming use or nonconforming structure. D. When a nonconforming use is changed to a conforming use by rezoning. E. When a nonconforming structure receives a variance from the Board for each non-complying feature. the structure in which a nonconforming use is housed, operated or maintained is damaged to the extent of more than 75 percent of its reasonable value by fire, explosion, or other casualty, or act of God, or a public enemy. F. When the structure housing the use is destroyed by the intentional act of the owner or the owner's agent. G. When the right to occupy a non-conforming structure or to maintain or operate a nonconforming use has been terminated by the Board. H. A nonconforming structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God shall not be again restored, rebuilt or used if the expense of such restoration exceeds seventy-five (75) percent of the repair/replacement cost of the structure at the time such damage occurred. Whenever a nonconforming structure is damaged in excess of seventy-five (75) percent of its replacement cost at that time, the repair or reconstruction of such structure shall conform to all the regulations of the district in which it is located, and it shall be treated as a new structure. A restoration or reconstruction in violation of this ordinance immediately terminates the right to operate the nonconforming use or occupy the nonconforming structure. SECTION 9.7 TERMINATION OF NONCONFORMING USES BY THE BOARD The Board may from time to time on its own motion or upon cause presented by interested persons inquire into the existence, continuation or maintenance of any nonconforming use within the City. The Page 5 ARTICLE 9: NONCONFORMING USES AND STRUCTURES DRAFT (in i�r.\\!1I i. Zoning Ordinance f Board may take specific action to abate, remove, limit or terminate any nonconforming use under a plan where the owner's actual investment in the use prior to the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the board in determining a reasonable amortization period: A. The owner's capital investment in the structures on the property at the time the use became nonconforming. B. The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization period. C. The life expectancy of the investment. D. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases. E. Removal costs that are directly attributable to the establishment of a termination date, and F. Other costs and expenses that are directly attributable to the establishment of a termination date. SECTION 9.8 CHANGING NONCONFORMING USES A. A lawful nonconforming use of a structure or building may be extended throughout such portions of the buildings as are arranged or designed for such use, provided no structural alterations, except those required and allowed by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a structure or building may be changed to another nonconforming use of a more restrictive classification, after approval by the Board, but where the use of a nonconforming structure, land or building is hereafter changed to a more restricted classification, it shall not thereafter be changed to a use of less restricted classification. If a nonconforming use of a structure, land or building is terminated, whether voluntarily or otherwise, the future use of such structure, land or building shall be in conformity with the provisions of this Ordinance. A nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive zoning district classification, after approval by the Board; provided that when a nonconforming use is changed to a nonconforming use of a more restrictive classification, it shall not later be reverted to the former less restrictive classification. B. No nonconforming use shall be changed to another nonconforming use that requires more off-street parking facilities or off-street loading spaces than the original nonconforming use unless additional off- street parking facilities and loading spaces are provided so as to comply with the requirements of this ordinance. C. A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use. ARTICLE 9: NONCONFORMING USES AND STRUCTURES page 6 DRAFT (in or.\\!1.I i. Zoning Ordinance SECTION 9.9 RESTORATION OF A DAMAGED PROPERTY HOUSING A OWNER- OCCUPIED,NONCONFORMING SINGLE-FAMILY RESIDENTIAL NONCONFORMING USE STRUCTURE A. Owner Occupied Single-Family Residential Property. Nothing in this ordinance shall prevent the restoration of an owner occupied single-family residential structure which has been destroyed to any extent by fire, explosion or other casualty or act of God or a public enemy, nor to prevent the continued occupancy or use of such building or part of the building which existed at the time of partial destruction, provided that the building permit for the reconstruction is applied for within six months of the destruction and the reconstruction is completed within one year of the date of permit issuance. The continued occupancy shall be conditioned upon compliance with and subject to applicable health and safety regulations. B. Nothing in this ordinance shall prevent restoration of a building other than an owner occupied single family structure destroyed to the extent of not more than 75 percent of its reasonable value by fire, explosion or other casualty or act of God or a public enemy, nor to prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction, provided that reconstruction is begun within one year's of the date of destruction and completed within two years of the date of destruction. C. The structure can only be restored or reconstructed so as to have the same height and floor area that it had immediately prior to the damage or destruction. CD. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. E. A restoration or reconstruction in violation of this subsection immediately terminates the right to operate the nonconforming use. SECTION 9.10 NONCONFORMING STRUCTURE REGULATED Any structure which does not conform with the regulations of this ordinance shall be deemed a nonconforming structure when: A. Such structure was in existence at the time of the passage of this ordinance on(original adoption date of Wylie Ordinance); or B. Such structure was a conforming structure at the time of the effective date of this ordinance (adoption date of this ordinance); or C. Such structure was a conforming structure at the time of adoption of any amendment to this ordinance, but by such amendment is made nonconforming; or D. Such structure was in existence at the time of annexation to the City. SECTION 9.4410 RECONSTRUCTION, ENLARGEMENT, AND REPAIR OF NONCONFORMING STRUCTURES A. If a nonconforming structure is partially damaged or destroyed, meaning the expense of such restoration does not exceed seventy-five (75) percent of the repair/replacement cost of the structure at the time such damage occurred-by-less-than-7-5-%-af-its-reasenable--value, other than by the intentional act of the owner or the owner's agent, or is damaged to the extent that it shall be impractical to repair Page 7 ARTICLE 9: NONCONFORMING USES AND STRUCTURES DRAFT (i n or.\\H.i i. Zoning Ordinance f the existing structure and demolition is required, the owner or owner's agent may restore or reconstruct the structure on the existing foundation without Board approval, if: 1. The work does not increase the degree of nonconformity existing prior to such damage, destruction or demolition; and 2. Reconstruction is started within one year of the event damaging or destroying the structure. The Board may extend the one-year time period, if the owner shows that he has intended to rebuild the property. B. B. Any expansion or structural addition to a nonconforming structure shall conform to all provisions of the ordinance. C. Nonconforming structures may be renovated, remodeled, repaired, or enlarged without Board approval if the work does not increase the degree of nonconformity. B. P—The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. If a structure occupied by a nonconforming use is damaged or destroyed by fire, explosion or other casualty or act of God or public enemy, by more than 75% of its reasonable value, it shall not be rebuilt except as to conform to the provisions of this ordinance. ARTICLE 9: NONCONFORMING USES AND STRUCTURES Page 8 ARTICLE 9: NONCONFORMING USES AND STRUCTURES PROPOSED (in or.\\!1.I i. Zoning Ordinance ARTICLE 9 NONCONFORMING USES AND STRUCTURES SECTION 9.1 INTENT The lawful use of any building, structure or land existing at the time of the enactment of this ordinance or a prior zoning ordinance may be continued although such use does not conform with the provisions of this ordinance, provided,however,the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to ordinances regulating the maintenance of the premises and conditions of operations as may in the judgment of the Board be reasonably required for protection of adjacent property and the public health, safety and welfare, and further, the right of nonconforming uses to continue or to use nonconforming structures shall be subject to the specific regulations herein contained. SECTION 9.2 NONCONFORMING STATUS DEFINED A. Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved. B. Except as provided in this Article, no nonconforming use of land or nonconforming buildings shall be enlarged, changed, altered or repaired except in conformity with these regulations. C. Any use or structure that does not conform with regulations of the zoning district in which it is located shall be deemed nonconforming when: 1. The use was in existence and lawfully operating prior to the time of the passage of the previous zoning ordinance No. 2001-48, effective 11/11/2001, and has since been operating without discontinuous; or 2. The use or structure was a lawful use or structure at the time of the adoption of any amendment to this ordinance but by such amendment: (i) the use is placed in a district wherein such use is not otherwise permitted; or(ii)the structure is made to be nonconforming; or 3. The use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time of annexation to the City and has since been in regular and continuous use. D. Single-family or two-family dwellings constructed prior to 11/11/2001 which do not provide the off- street parking required by ordinance shall be considered conforming in regards to parking. Furthermore, single-family or two-family dwellings constructed on platted lots which may now be legally nonconforming due to stricter standards contained in this ordinance, shall be deemed in conformance with this ordinance, as long as the use of the lot is allowed in the respective zoning district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered nonconforming. SECTION 9.3 REGISTRATION OF NONCONFORMING USES AND STRUCTURES The operator, owner or occupant of any nonconforming uses of land or nonconforming structures shall, within eighteen (18) months after the date on which the use or structure became or becomes nonconforming, register the nonconforming use or structure by obtaining from the Building Official a ARTICLE 9: NONCONFORMING USES AND STRUCTURES Paae 1 PROPOSED (in or.\\!1.I i. Zoning Ordinance Certificate of Occupancy. Such nonconforming certificate of occupancy shall be considered as evidence of the legal existence of a nonconforming use or structure as contrasted to an illegal use, structure or violation of this ordinance. The Building Official shall maintain a register of all certificates of occupancy issued for nonconforming uses or structures and shall, on written request and payment of the required fee, issue a duplicate certificate to anyone having a proprietary interest in the property in question. SECTION 9.4 CONTINUANCE OF NONCONFORMING USES AND STRUCTURES 9.4.1. NONCONFORMING USES A. Except as otherwise provided in this ordinance,the nonconforming use of a building, land or structure lawfully existing at the time of the effective date of this ordinance may be continued. B. No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the nonconforming use at the effective date of adoption or amendment of this ordinance. C. Any existing vacant lot platted prior to the adoption of this ordinance which was legally conforming prior to the adoption of this ordinance shall be deemed a conforming lot. 9.4.2. NONCONFORMING STRUCTURES A. A legal nonconforming structure may continue to be occupied, upon receipt of a certificate of occupancy, except as herein otherwise provided. B. Repairs, renovations and alterations may be made to a nonconforming structure, provided that: (i) no structural alteration shall be made except those required by law or ordinance or those required to preserve the structure, unless the structure is changed to a conforming structure; and (ii) the work does not increase the nonconformity or expand the existing area of the nonconforming structure or any nonconforming use therein. This ordinance shall never be construed to allow an addition to a nonconforming structure. C. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the zoning district. SECTION 9.5 EXPANSION OF NONCONFORMING USES OR STRUCTURES A. No nonconforming use may be increased as of the effective date of this ordinance, unless specifically authorized in this ordinance, unless approved by the Board. B. No additional structures shall be erected in connection with a nonconforming use of property. C. The number of dwelling units or rooms in a nonconforming residential structure shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became nonconforming. D. A nonconforming structure shall not be added to or enlarged in any manner unless such addition and enlargements are made to conform to all the requirements of the district in which such structure is located,unless approved by the Board. Paae 2 PROPOSED (in or.\\!1.I i. Zoning Ordinance SECTION 9.6 TERMINATION OF NONCONFORMING USES OR STRUCTURES The right to operate a nonconforming use and/or occupy a nonconforming structure shall cease and the use shall be terminated and/or the Certificate of Occupancy revoked under any of the following circumstances: A. When the use is discontinued or abandoned. Discontinuance of a nonconforming use shall consist of the intent of the user or owner to discontinue a nonconforming use and the actual act of discontinuance. A legal nonconforming use, when discontinued or abandoned, shall not be resumed. B. The following shall constitute prima facie evidence of discontinuance or abandonment of a nonconforming use or nonconforming structure: 1. When land used for a legal nonconforming use shall cease to be used in such manner for a period of six(6)months. 2. When a legal nonconforming structure shall cease to be occupied for a period of six (6) months. 3. Any nonconforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been immediately abandoned. C. When any provision of this ordinance or any other ordinance, or Federal or State Statute is violated with respect to a nonconforming use or nonconforming structure. D. When a nonconforming use is changed to a conforming use by rezoning. E. When a nonconforming structure receives a variance from the Board for each non-complying feature. F. When the structure housing the use is destroyed by the intentional act of the owner or the owner's agent. G. When the right to occupy a nonconforming structure or to maintain or operate a nonconforming use has been terminated by the Board. H. If a legal nonconforming structure or a structure housing a legal nonconforming use is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God, it shall not be again restored, rebuilt or used if the expense of such restoration exceeds seventy-five (75) percent of the fair market value of the structure at the time such damage occurred unless the subsequent use of such structure and the repair or reconstruction of such structure shall conform to all the regulations of the zoning district in which it is located, and it shall be treated as a new structure. A restoration or reconstruction in violation of this ordinance immediately terminates the right to operate the nonconforming use or occupy the nonconforming structure. SECTION 9.7 TERMINATION OF NONCONFORMING USES BY THE BOARD The Board may from time to time on its own motion or upon cause presented by interested persons inquire into the existence, continuation or maintenance of any nonconforming use within the City. The Board may take specific action to abate, remove, limit or terminate any nonconforming use under a plan where the owner's actual investment in the use prior to the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the Board in determining a reasonable amortization period: ARTICLE 9: NONCONFORMING USES AND STRUCTURES Paae 3 PROPOSED (in or.\\!1.I i. Zoning Ordinance A. The owner's capital investment in the structures on the property at the time the use became nonconforming. B. The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization period. C. The life expectancy of the investment. D. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases. E. Removal costs that are directly attributable to the establishment of a termination date, and F. Other costs and expenses that are directly attributable to the establishment of a termination date. SECTION 9.8 CHANGING NONCONFORMING USES A. A lawful nonconforming use of a structure or building may be extended throughout such portions of the buildings as are arranged or designed for such use, provided no structural alterations, except those required and allowed by law or ordinance, are made therein. If no structural alterations are made, a lawful nonconforming use of a structure or building may be changed to another nonconforming use of a more restrictive classification, after approval by the Board, but where the use of a nonconforming structure, land or building is hereafter changed to a more restricted classification, it shall not thereafter be changed to a use of less restricted classification. If a nonconforming use of a structure, land or building is terminated, whether voluntarily or otherwise, the future use of such structure, land or building shall be in conformity with the provisions of this ordinance. B. No nonconforming use shall be changed to another nonconforming use that requires more off-street parking facilities or off-street loading spaces than the original nonconforming use unless additional off- street parking facilities and loading spaces are provided so as to comply with the requirements of this ordinance. C. A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use. SECTION 9.9 RESTORATION OF A DAMAGED PROPERTY HOUSING A OWNER- OCCUPIED, NONCONFORMING SINGLE-FAMILY RESIDENTIAL STRUCTURE A. Nothing in this ordinance shall prevent the restoration of an owner-occupied single-family residential structure which has been destroyed to any extent by fire, explosion, storm or other casualty or act of God or a public enemy, nor to prevent the continued occupancy or use of such building or part of the building which existed at the time of partial destruction, provided that the building permit for the reconstruction is applied for within six (6) months of the destruction and the reconstruction is completed within one (1) year of the date of permit issuance. The continued occupancy shall be conditioned upon compliance with and subject to applicable health, safety and building code regulations. B. The structure can only be restored or reconstructed so as to have the same height and floor area that it had immediately prior to the damage or destruction. C. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. ARTICLE 9: NONCONFORMING USES AND STRUCTURES Paae 4 PROPOSED (in or.\\!1.I i. Zoning Ordinance SECTION 9.10 RECONSTRUCTION, ENLARGEMENT, AND REPAIR OF NONCONFORMING STRUCTURES AND RESUMPTION OF NONCONFORMING USE A. If a legal nonconforming structure or a structure housing a legal nonconforming use is partially damaged or destroyed, meaning the expense of such restoration does not exceed seventy-five (75) percent of the fair market value of the structure at the time such damage occurred, other than by the intentional act of the owner or the owner's agent, or is damaged to the extent that it shall be impractical to repair the existing structure and demolition is required, the owner or owner's agent may restore or reconstruct the structure on the existing foundation without Board approval, if: 1. The work does not increase the degree of nonconformity existing prior to such damage, destruction or demolition; and 2. Reconstruction is started within one (1)year of the event damaging or destroying the structure. The Board may extend the one (1) year time period, if the owner shows that he has intended to rebuild the property. B. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. ARTICLE 9: NONCONFORMING USES AND STRUCTURES Paae 5