No preview available
06-19-2007 (Planning & Zoning) Agenda Packet Planning & Zoning Commission i,i/lt CITY ! YLIE w June 19, 2007 r Wylie Planning & Zoning Commission . CITYOF WYLIE Regular MeetingAgenda Tuesday, June 19, 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: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. 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 June 5, 2007 Regular Meeting. June 19,2007 Wylie Planning and Zoning Regular Meeting Agenda Page 2 of 2 REGULAR AGENDA Action Agenda 1. Consider and act upon a Site Plan for Wylie Independent School District, for the addition of an Agricultural Barn on 36.9 acres, generally located north of Hensley Lane and west of Sanden Blvd. 2. Consider and act upon a recommendation to City Council to adopt a Policy to support the Neighborhood A.C.T.I.O.N. Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. 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 I cent that this Notice of Meeting was posted on this 15th day of June, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, June 5, 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 7:05PM and stated that a quorum was present. In attendance were: Chairman Larson, Commissioner Ames, Commissioner Bennett, Commissioner Finnell, and Commissioner Goss. Commissioner Onufreiczuk arrived at 7:30p.m. Staff members present were Renae 011ie, Charles Lee, Jasen Haskins, and Mary Bradley. INVOCATION & PLEDGE OF ALLEGIANCE Chairman Larson gave the invocation and Commissioner Ames 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 May 15, 2007 Regular Meeting. A motion was made by Commissioner Ames, and seconded by Commissioner Bennett, to approve the minutes from May 15, 2007, regular meeting as submitted with no changes or corrections noted. Motion carried 3 — 0 — 1, with Commissioner Finnell abstaining. Minutes June 5, 2007 Wylie Planning and Zoning Board Page 1 of 8 ACTION AGENDA ITEMS 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. Mr. Lee stated that the property totals 8.1 acres and will create one lot for a church campus. The property is zoned Light Industrial and is surrounded by properties zoned Light Industrial. A 150-foot TXU easement (1.39) acre) abuts the subject property to the south. Commissioner Bennett questioned the wording on the Final Plat stating easement to be abandoned by this plat. Ms. 011ie stated that a separate instrument will be filed for abandoning easement. A motion was made by Commissioner Bennett, and seconded by Commissioner Ames, to recommend approval of the Final Plat for New Heights Baptist Church Addition with the condition that the note easement to be abandoned by this Plat be removed. The note should state easement to be abandoned. Motion carried 4 - 0. 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. Mr. Lee stated that 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. The existing 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 and will serve as a lease space for office and/or personal services uses. The proposed addition may include retail, in which additional striping of the parking lot is recommended. The dumpster will be reduced and placed at the rear of the property. A motion was made by Commissioner Finnell, and seconded by Commissioner Bennett, to approve the Site Plan for Brown and Burns Addition, Lots 10-12 (Northside Grocery). Motion carried 4 — 0. Minutes June 5, 2007 Wylie Planning and Zoning Board Page 2 of 8 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. Mr. Lee stated that the applicant is proposing to develop a single story assembly and manufacturing facility in two phases on one lot. The property is zoned Light Industrial (LI) and is two acres in size. A motion was made by Commissioner Ames, and seconded by Commissioner Finnell, to approve the Site Plan for Premier Plaza Addition, Block A, Lot 1 for 26,350 square foot light assembly and fabrication facility on one lot on two acres, generally located east of Martinez Lane approximately 640 feet south of State Highway 78. Motion carried 4 — 0. 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). Mr. Lee stated that the applicant is proposing to develop a single story 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 property is zoned Light Industrial (LI) District. Office/Warehouse is a permitted use within this district. A motion was made by Commissioner Bennett, and seconded by Commissioner Finnell, to approve the 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). Motion carried 4 — 0. 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. Mr. Lee stated that normally the review and approval of site plans are delegated to the Commission; however, in this case the applicant is requesting approval for special parking alternative along with the site plan. In the Zoning Ordinance, Article 7, Section 7.3 Parking Alternative stipulates that a legal agreement for minimum required parking spaces be satisfied in lieu of off-site parking. The Minutes June 5, 2007 Wylie Planning and Zoning Board Page 3of8 agreement runs with the property and is subject to City Council review. The applicant is proposing that 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 Kirby Street. The property is zoned Commercial Corridor (CC) District and consists of two lots totaling .594 acres in size. Lot 1 is .15 acre or 6,714 square feet in size with an existing 1,648 square foot brick building on site. Lot 1 was originally developed in the mid-1980 as a convenience store with gasoline pumps. Portions of the property were acquired by TXDOT for widening and improvements of SH 78 and by the City of Wylie to accommodate right-of-way for Kirby Street. The property owner was compensated for the acquisitions; however the property could no longer accommodate motor vehicle fueling station uses. The applicant is proposing to convert the existing building into a check cashing service (Ace Cash America). Lot 2 is .44 acre or 19,190 square foot in size with an existing 1,710 square foot building on site. The property was originally developed as a drive-in restaurant in the late 1970's and has been vacant for approximately six months to one year. The applicant is proposing a cellular communications retail center for the property (Metro PCS). Lot 1 does not have adequate space for the required parking, and Lot 2 has over adequate space for parking. The parking requirement for the proposed use on Lot 1 is 6 spaces, and the proposed use on Lot 2 is 9 spaces. The proposed agreement and Site Plan delegates the required 15 spaces on Lot 2. Chairman Larson questioned the two parking spaces in front of Lot 1 and the driveway immediately right behind the parking spaces and onto SH 78. Mr. Lee stated that the existing driveway is proposed to be relocated further north and the existing driveway from Kirby Street will be accessed through the existing financial institution driveway. Commissioner Onufreiczuk arrived at the meeting at 7:30p.m. Commissioner Onufreiczuk questioned the liability of the property owner for the two lots on the parking requirements. Ms. 011ie stated that both lots are owned by one property owner. The parking agreement would run with the land, therefore any future tenant would have to adhere to the parking agreement. In the event a tenant does not want to uphold the agreement, the parking agreement becomes null and void, and each lot will have to meet the required parking. Commissioners discussed the parking agreement, and the condition of the existing buildings. Ms. 011ie reminded the Commissioners that what they are to consider and review is the Site Plan. The options of that is to approve the Site Plan as submitted, approve the Site Plan with stipulations that the two parking Minutes June 5, 2007 Wylie Planning and Zoning Board Page 4 of 8 spaces in front of Lot 1 be revised, or deny the Site Plan on the conditions that the Site Plan does not meet the required parking regulations. Mr. Stan Haddock, 221 Country Club Drive, Heath, Texas, property owner for the subject property, stated that he is the owner of both properties and does not split up his properties. He leases them out, and has been in business for thirty years owning and leasing property out. The State of Texas has approved the access easement onto SH 78, which was done last year when a company approached him of tearing the two buildings down and starting a new development. The access will be forty foot wide, and can be moved further north. The purpose of not proposing to move the access was to avoid tearing a telephone pole down, but he is willing to do that in order for the Site Plan to be approved. He also stated that one of the parking spaces in front of Lot 1 can be removed, but preferred to leave one for handicap parking and rotate to be parallel with SH 78. A motion was made by Commissioner Bennett, and seconded by Commissioner Finnell, to recommend approval to the City Council for the Site Plan for Best Corner Wylie Addition, Block A, Lots 1 and 2, generally located on the northeast corner of SH 78 and W Kirby Street, with stipulations that one parking space in front of Lot 1 be removed and the other parking space rotated to be parallel with SH 78. Motion carried 4 — 1, with Commissioner Onufreiczuk in opposition. 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. Ms. 011ie stated that the proposed ordinance will provide principles and procedures for the abandonment of right-of-way. Currently, when right-of-way abandonment is considered by Council, there is not a set procedure to follow for the abandonment of right-of-way. The proposed ordinance sets specific guidelines from property owner's purchase of right-of-way to final abandonment by Council. Ms. 011ie stated that the proposed amendments should be reviewed by the Commissioners with action being taken on June 19th Chairman Larson opened the public hearing. No one came forward, and Chairman Larson closed the public hearing. A motion was made by Commissioner Ames, and seconded by Commissioner Bennett, to table the amendment to Article II of the Subdivision Ordinance establishing regulations regarding the abandonment of right-of-way to June 19, 2007. Motion carried 5 — 0. Minutes June 5, 2007 Wylie Planning and Zoning Board Page 5of8 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. Mr. Haskins stated that 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 Zoning Board of Adjustment requesting variances to the ordinance for accessory buildings. In all 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. 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. In addition, the revised ordinance updates the allowed materials for the construction of an accessory building accounting for technological advances, namely durable vinyl construction. 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. Commissioners questioned the type of building materials proposed. Mr. Haskins stated that staff is not proposing wood but is proposing masonry or masonry type material or a vinyl material will be allowed. Commissioner Ames questioned the size of the accessory building proposed. Mr. Haskins stated with the variety of house sizes and lot sizes, the formula used to determine the size of the accessory building is based on the size of the lot and then the size of the main structure. If the size of the lot is small, then the size of the building will be determined by the size of the house. If the size of the lot is large, then the accessory building can not be larger than a percentage of the lot size. Commissioner Bennett expressed the opposition of hardiboard and stated that hardiboard will begin to deteriorate and crumble at the area closes to the ground. Ms. 011ie requested Commissioner Bennett to provide pictures/information to submit to staff to consider prohibiting hardiboard out of the ordinance. Commissioner Bennett stated that he would. Minutes June 5, 2007 Wylie Planning and Zoning Board Page 6 of 8 Chairman Larson opened the public hearing. Mr. Jim Griffin, 301 W Kirby Street, Wylie, questioned if a Harlan barn would be allowed as an accessory building and if not allowed, expressed his opposition of not allowing it because it is a wood based product. Ms. 011ie stated not allowing wood was not an amendment to the ordinance, it is currently not an allowed use. Ms. 011ie further stated that the Harlan board would be reviewed, because it may be allowed with metal or an approved veneer finish. Chairman Larson closed the public hearing. A motion was made by Commissioner Bennett, and seconded by Commissioner Onufreiczuk, to table the amendment to the Zoning Ordinance Section 2.5.4 (Accessory Buildings) specifying the size and type of material for all accessory buildings until June 19, 2007. Motion carried 5 — 0. 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. Ms. 011ie stated that 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. 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. 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. 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 Minutes June 5, 2007 Wylie Planning and Zoning Board Page 7of8 reasonably required for protection of adjacent property and the public health, safety and welfare. Chairman Larson opened the public hearing. No one came forward, and Chairman Larson closed the public hearing. A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Finnell, to table the amendment 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 to the June 19, 2007 meeting. Motion carried 5 — 0. ADJOURNMENT A motion was made by Commissioner Onufreiczuk, and seconded by Commissioner Bennett to adjourn the meeting at 8:26p.m. Motion carried 5 — 0. Dennis Larson, Chairman ATTEST: Mary Bradley, Secretary Minutes June 5, 2007 Wylie Planning and Zoning Board Page 8of8 Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Meeting Date: June 19, 2007 Item Number: 1 Department: Planning Prepared By: Jasen Haskins Subdivision: N/A—property is not platted Date Prepared: 06/14/07 Zoning District: Agricultural (A) Exhibits: Site Plan and Elevation Subject Consider and act upon approval for a Site Plan for Wylie Independent School District, for the addition of an Agricultural Barn on 36.9 acres, generally located north of Hensley Lane and west of Sanden Blvd. Recommendation Motion to recommend approval for a Site Plan for Wylie Independent School District, for the addition of an Agricultural Barn on 36.9 acres, generally located north of Hensley Lane and west of Sanden Blvd. Discussion The applicant is proposing an addition to an existing Wylie ISD Agricultural Barn generally located north of Hensley Lane and west of Sanden Blvd. The property is zoned Agriculture (A) and consists of one lot totaling 36.9 acres. The proposed structure is planned as a 114'-0" x 90'-0" metal building totaling 10,260 square feet to match an existing Agricultural Barn in building material, color, and architectural style. The proposed metal construction is allowed, by ordinance, in Agricultural Zones. The site work will consist of the construction of the new building, concrete aprons, and the re-striping of parking spaces. While Agriculture zoning is normally a temporary zoning category, this particular property is zoned Agriculture and has not been platted. WISD will be submitting a plat for this property with the potential to zone the property AG/30, in which the metal structure and property use would remain in conformity with the ordinance. Staff recommends approval of this site plan. Approved By Initial Date Department Director RO 06/14/07 Page 1 of 2 .n..b 1 ►M...a s.. Y'R�EEy uNE 44'-8"± 134.-7 5/8. 90'-0" DUSTING BUILDINGS �'ssa"E' 1"EP ADDRION a Toub a Amoo. , awe xe, etc ewe 1c did OMP -XUNE /2. CM ( (''''....'..'e.;:-) , SLOPE DN SLOPE DN / 12'X 12'CONC APRON— C . KR AS 08.0 thy ' DS DAYLIGHT STORMWATER) \ i a DS(DAYLIGIiT.pORMWATER) remove existing ;f Pie fence DS(DAYUGIFpTORMWATER) 7.75 „.� �%-X X X X X X X X A A Z� SITE T A UNE N Wp ® EXISTING 0 B WYLIE ISD AG BARN a "' METAL • • 7 �, ADDITON DESIGN SUMMARY: hcNn Z,o x ,� Ag Barn Addition xR f v, , BUILDING SIZE:10,260 s0.FL jr„, _ BUILDING HEIGHT:21'-8" 4' 08 EXTERIOR WALL MATERIAL•METAL WALL PANELS W/ SLOPE DN SLOPE DN SLOPE DN PAIM FlNISH TO MATCH IXISTTNG F•• BUILDING IACATION:132 FT NORTH OF HENSLEY ROAD 1 X 12'CONC APRO Finished Pad = 508.3 DN { } AND 44'-8"FROM THE TREE LINE TO THE WEST OF THE SffE. U 6. o -2 W N eX ry 6 -X Xremovexisting ® .Pod' TsX °te a. pos.,. o S.) UNE pipe fence 0AYLGHT STORMWAIER) 7.5 Q V' I�W , - p 0 CC Z : w \ S(DAYLIGHT STD/MWATER) n_f ,,. HT 'MWATER) +s W W MO r 12'X 12'CONC APRON —— . Q 08.0 uNE ge-0" H. 9'-0" 9'-D" 9'-0" M n,�c, ,He 'yc � He �0 U' cone ' Fe, YK ti j NOTE:ALL EXIST TREES SHALL REMAIN AS 1S;EXIST TREES RESTRIP PARKING SPACES THAT ARE ADJACENT TO CONSTRUCTION OPERATIONS SHALL PROTECTED,TO REMAIN AGAINST DAMAGE. EXIST CONCRETE PAVEMENT P1314 Engeering 0y �,y "I Archit no �^A Planning Roof Consulting r SEE UNE �w it IGww -- - lg �� 'ffi 06 �"' egg OS�; '����, -'..Y .ro ti ,dy, sesu y ono `�OF-;�"18j67 / 14001 N.Dallas Parkway Con Elute 400 y°�sa Dd.Terms 75?AO -�"pp PFara�972.233.1323 Far 9721331373 FENCE'POSf SfE➢.FENCE Corso PROJECT NO. DATE 4/18/07 DRAWN EL CHECKED BG H EN SLEY LN REVISIONS NORTH 7\ ED 1 SITE/ROOF PLAN LCC� D�J L;. scAL.1/1R0OF 0' $' ,s' 32 JUN 0 s 2007 ASK-1 111611.11. 1111111111 e,----- 1/16"=1'-0"" G ,n ft ) SITE PLAN JUN 08 2007 BY 114'-0"± AMMON 1 EXIST BUILDING BEYOND • EXIST BUILDING B 111 EY ONDRDGE VENTS �•.II 11 1 j j '1 f I 11 1 1 I 11 1 I I 11 j 1 I 1j1i(11-1 l !�'1 ( 1 1 111 1 1 ,11 I II 1 1 ( ► Ij i 1 11 12 I 'II11I I� I� 1. 1 1 1 1 11 • 1� 1 jj ' '11 JL 1` •1 j 1 i (� 1 , I c VI 1 1,411. S etEYS�W 1 cW zj ( 1 1 I • \-- IDNG PAN.- i --II ; al ; � ; II l 1 ; I �� I • o p� o Co 2 WEST ELEVATION d. '\\._._PRE-ENGINEERED STRUCTURE Q = W WRH METAL ROOF PANELS SCALES 1/8+1•�0' AND WALL PANELS CO ■ CE Q G ■ 3 m W p az b . P1314 ROOF VENTS Architecture Engineering Planning Roof Cons I 1 �; ..,yam .; I `( • I 1, DO *; 1 1 I 1 I! i ' 1 I � 1 11 1f ;!i' � •i - �°Ft`f4''�8b7 METAL SII,VG PANE.$ OPENINGI i ( ( liIS�ILj�' e" 1 ijOPENINGAC�iGVC1 III 11 !1I I I j I 1400I N,DaRas Padeay Dd.Texas 75240 I1 , I ! 1 1 IHI i (1 I I if 400 I If 1 I IIII 1 I , j j( 1 ! I( I i 1 ( Phan 972.2334323 i 1 ; 11 I 1 i ! I I i I II ( I ill I III j Pax.972.233.1973 L r Li- _•____L_ __ _ _ _L PROJECT NO. DATE 4/18/D7 DRAWN EL CHECKED BG 1 SOUTH•ELEVATION REVISIONS SCAIFs 1/S'+1'-0' 0' 4' 8' 16' IFIE MIIIIIIIMMINIi ,,8�.= ,,_a" ASK-2 REcEpriEB JUN 0 S 2007 EXTERIOR BY ELEVATIONS . Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Meeting Date: June 19, 2007 Item Number: 2 Department: Planning Prepared By: Renae' 011ie Subdivision: Date Prepared: 06/14/07 Zoning District: Neighborhood A.C.T.LO.N. Exhibits: Plan Subject Consider and act upon a recommend to City Council to adopt a Policy to support the Neighborhood A.C.T.LON. Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. Recommendation Motion to recommend approval to the City Council to adopt a Policy to support the Neighborhood A.C.T.I.O.N. Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. Discussion The development of Accountable Communities Through Involvement of Neighborhoods (A.C.T.I.O.N.) will be the tool for each resident and stakeholder to work together towards greatly improving the quality of life for all residents of Wylie. By creating a forum for citizen involvement in addressing the community's issues through the Neighborhood A.C.T.I.O.N. Plan, we promote creative problem solving and a spirit of teamwork between the residents in the community and the city. This program encourages community defined plans using a city-guided program. Neighborhood planning is an opportunity for citizens to shape the neighborhoods where they live, work, own property, or manage a business. The neighborhood planning process addresses land use, zoning, transportation, and urban design issues. The goal of neighborhood planning is for diverse interests to come together and develop a shared vision for their community. A neighborhood plan: • Represents the views of all the stakeholders that make up a community • Identifies neighborhood strengths and assets • Identifies neighborhood needs and concerns • Establishes goals for improving the neighborhood • Recommends specific recommendations to reach those goals Page 1 of 2 Page 2 of 2 Staff has done an initial survey of the housing stock in five (5) neighborhoods: Calloway Addition, Southside Addition, the J.M. Butler Addition, Railroad Addition, and the Bostic Addition. According to the 2000 Census the (H36)Year Structure Built ranges from as early as 1915 to as current as 2006. The initial idea is to target those neighborhoods that have a very small number of vacant houses as a way of stabilizing these blocks. This approach recognizes that livability and marketability can vary from block to block. There are many facets that will shape the program, and some that might take months/years to fully implement. However, there needs to be short-term signs that plans are being implemented. An immediate action item that can be implemented would be to institute "alarm permitting awareness". The A.C.T.I.O.N. plan can be a platform utilized by the Fire Department to make citizens aware of the safety issues involved with alarm permitting. Not only as an educational tool for awareness, but the City can take a proactive role in getting smoke detectors installed and permitted. Another immediate opportunity for A.C.T.I.O.N. to be utilized will be through the Public Works Department. There are already projects in place that will affect some of these neighborhoods. For instance, the Supplemental Environmental Program to replace defective, private, sanitary sewer lateral lines is in progress. Staff recommends the Bostic Addition as the starting point for the A.C.T.I.O.N. Plan for several reasons. The need is there as well as a desire from some of the residents in that area to get involved. As you know this section does include Third Street where the house explosion took place. I think the City's active role in this community will be well received and possibly serve as a building tool to aid in bringing some sort of comfort back to this area. Where the program will benefit many other departments is that we have already identified the condition of the areas, the boundaries of the neighborhoods have been identified, and the property owners have been identified. By City Departments working as a team, we can better address the needs and concerns of our older communities. Information to be readily available through the neighborhood planning process include: • information on status of properties in community, including ownership, physical condition; • urban design options for revitalizing their community; • sources of financial support; and • information about historic preservation options, the value of National Register and/or local historic district designation, and financial incentive programs. • Information on safety awareness The motto used by American Planning Association is "Making Great Communities Happen". This parallels our City Mission: To be responsible stewards of the public trust, to strive for excellence in public service and to enhance the quality of life for all. By implementing the A.C.T.I.O.N. plan, we are upholding our mission to enhance the quality of life for ALL residents and business owners of our great City. Approved By Initial Date RO 06/14/07 p De artment Director Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Public Hearing Meeting Date: June 19, 2007 Item Number: 1 Department: Planning Prepared By: Renae' 011ie Zoning Case Number: Text Amendment Date Prepared: 06/14/07 Procedures; Ord. 96-25; Ord. Exhibits: 98-16; Ord. 06-05 Subject Hold a Public Hearing and consider a recommendation to the City Council to amend Article II of the Subdivision Ordinance establishing regulations regarding the abandonment of right-of-way. Recommendation Motion to recommend approval to the City Council to amend Article II of the Subdivision Ordinance establishing regulations regarding the abandonment of right-of-way. Discussion The proposed ordinance will provide principles and procedures for the abandonment of Right-Of-Way. BACKGROUND: City Code Ordinance No. 96-25 (attached) required that the City convey, sell or exchange abandoned street or alley property for the fair market value, and is precluded from giving the property away or selling it for less than fair market value. City Code Ordinance No. 98-16 (attached) established a consolidated Fees and Charges ordinance including right- of-way abandonment fees. City Code Ordinance No. 2006-05 (attached)repealed in its entirety Ordinance No. 96-25 and repealed Ordinance No. 98- 16 Section 42.00 (Right-of-way Abandonment Fee). 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. Page 1 of 2 Page 2 of 2 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 RO 06/14/07 p De artment Director PROCEDURE FOR ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT A. 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. I. App1i ation re ire . Attached to this information sheet is an application form for the abandonment of public right-of-way/easement. 2. Submission deadline: The application must be completed and returned to the Planning Department. The Planning Department will circulate the application among the various City departments for review and approval. After all City departments have executed the application, it will be placed on the next available Council agenda. The City Council holds regular meetings on the second and fourth Tuesdays of the month at 6:00 p.m. at the Wylie Municipal Complex- Council Chambers, 2000 Hwy 78N, Wylie, Texas 7 098 3. First_ page la_p_pjjcation: On the first page of the application, the heading information to be filled in includes the name of the addition or subdivision in which the public right-of-way/easement is located. The exception to this case would be the abandonment of a street, in which case the street name would appear in the heading. The date the application is prepared should be entered in the appropriate space. Item No. 6on the first page should set out the names and addresses of the abutting property owners who have not consented to the vacation and abandonment which you seek. Abutting property owners are owners of land that abut any portion of the land immediately next to the public right-of-way/easement proposed to be abandoned. You should also state why their consent was not obtained; that is, if you were unable to locate the abutting property owners or if the abutting property owner refused to give his or her consent, you should so state briefly setting out the points of objection that such owner might have to this abandonment. Additional sheets may be used if necessary to fully explain. 4. Item No. 7 provides space for a brief statement of the reason such right-of- way/easement should be abandoned. Item No. 8 should relate briefly the history of the use of the right-of-way/easement sought to be abandoned. 5. It is very important that the full name and address of the applicant be shown in the space provided. This will insure proper notifications to the applicant. The applicant's signature must appear immediately above the typed name and the notary certification must be completed. Procedure for Abandonment of a Public ROW Page 1 488299N1 6. Exhibit To1: Please note that the abandonment of right-o wayeasement may convey, by law, part of the property to the abutting property owner on the other side. You must provide, attached to the application, a metes and bounds description (dividing the area in half) of the area sought to be abandoned. This item is most easily furnished by a licensed land surveyor. 7, Exhibit No._ : You must provide, attached to the application, a copy of a plat or detailed sketch of the right-of- ay/easement sought to be abandoned. Again, this item is most easily furnished by a licensed land surveyor. It must clearly show the surrounding areas to the nearest streets in all directions, abutting lots, and the block or blocks in which the area sought to be abandoned is located. It shall also show the names of the record owners of the lots abutting the area sought to be abandoned. 8. Exhibit No. 3: As applicant you are responsible for circulating the application and securing the signatures of the authorized representatives or requesting a letter from the authorized representatives. Upon receiving the required signatures/letters, these documents must be made part of this application. 9. &biWtNo. 4: The Planning Department will be responsible for circulating the application amongst the City departments. 10.Exhibit No. 5: 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 or attached to this application prior to staff review. Sample letter included for your use. .Exhibit o._ : All applicants shall obtain a certified appraisal of the land to be abandoned, unless a waiver to this requirement has been obtained. 12.Exhibit No. : All propel owners abutting the right-of-way to be abandoned must execute the Release of Claims in favor of the City. 13.An applicant shall have six (6) months from the date of City Council approval of the abandonment to complete all steps required for purchase of the abandoned right-of-way, obtaining City approval of the plat or replat and filing the plat or replat with the county. The approval shall expire on the last day of the six-month period if all steps are not complete. 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. Procedure for Abandonment of a Public ROW Page 4 8 99.vl B. Content: I. The abandonment document shall be in accordance with the final plat requirements of the Subdivision Ordinance, including but not limited to Article II, Section 2.12. C. Abandonment of Fire Lanes: I. In instances where fire lanes are depicted on a plat of record, the owner of the property may submit mit request for a certificate of abandonment to remove the ire lane from the plat. The request shall be submitted to the Director of Planning in the manner prescribed by the Director. . 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. . Not withstanding 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. 4. The certificate of abandonment for a fire lane shall expire if it is not filed with the appropriate county clerk within six months from the date of approval. CITY OF WYLIEcc Case rig: Date Submitted: Procedure for Abandonment of a Public ROW Page 488299.v1 ABANDONMENT OF PUBLIC ROWOF-WAY1EASEMENT APPLICATION _ _ - MINIMUM SUBMITTAL REQUIREMENTS Q A completed copy of the attached Abandonment of Public ROW/Easement application. O All exhibits processed (except for Exhibit No. 4, which will be processed by staff). O A completed copy of the Easement Dedication Sheet application with all requirements. O Attach responses from all abutting property owners. (sample letter enclosed). ❑ A certified appraisal of the value of the land to be abandoned. A certified check to the City for the amount of the Appraisal. O An executed Release of Claims from each abutting property owner. i - ADDRESS/NAME OF ADDITION/SUBDIVISION ---- -- LEGAL DESCRIPTION - -- -------- -------- — --------APPLICANT (Primary Contact for the Project): Name -Mail Street Address City State Zip Code Phone Number Fax Number PROPERTY OWNER'S INFORMATION(if different from above): Name E-Mail Street Address - -- - ------ City State _ Zip Code Phone Number Fax Number - The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. Signature of Owner, Agent or Applicant Date --- Procedure for Abandonment of a Public ROW Page 488299.v1 APPLICATION FOR THE ►BAI O 1M 1T OF A PUBLIC RIGHT-OF-WAY/EASEMENT TO THE MAYOR AND CITY COUNCIL OF THE CITY of WYLIE: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. I, attached. In support of this application, the undersigned represents and warrants the following: 1. Attached, marked Exhibit No. I, is a metes and bounds description (dividing the area in half) of the area sought to be abandoned. 2. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/easement sought to be abandoned, and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together with the record owners of such lots. 3. Attached, marked Exhibit No. 3, is the written consent of all public utilities to the abandonment. 4. Attached, marked Exhibit No. 4, is the consent of the city of Wylie staff to the abandonment. 5. Attached, marked Exhibit No. 5, is the written consent of all the abutting property owners, except the following: (if none, so state) 6. Such public right-of-way/easement should be abandoned because: . Such public right-of-way/easement has been and is being used as follows: Procedure for Abandonment of a Public ROW Page 48 9.v1 . Attached, marked Exhibit No. 6, is the certified appraisal of the value of the land to be abandoned. . Attached, marked Exhibit No. 7, is a Release of Claims executed by each abutting property owner. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Applicant's Signature: - Applicant's Name: --- Applicant's Address: Applicant's Phone Number: ACKNOWLEDGMENT STATE OF TEXAS COUNTY of _ I Subscribed and sworn to before me, a Notary Public, this day of t 20 , by.-- - Notary Public in and for the State of Texas Procedure for Abandonment of a Public ROW Page 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: EXHIBIT NO. 'I Attached is a copy of the metes and bounds description (dividing the area in half) of the public right-of-way/easement situated in Addition/Subdivision to the City of Wylie, --- County, Texas, sought to be abandoned. Procedure for Abandonment of a Public ROW Page 488 99.vl Application for Abandonment of a Public Right-of- Way/Easement Located: EXHIBIT NO 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. (If the property has not been platted, applicant has six months from date of City Council approval to complete all steps required for purchase of the abandonment and filing a plat or replat with County in accordance with the final plat requirements of the Subdivision Ordinance.) Procedure for Abandonment of a Public ROW Page 8 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: -------- ---------------- ----- - - - - ----- - --- -- -- - - ---- ---------------- EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Wylie, that portion of the public right-of-way/utility easement sought to be nd n d in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. GAS COMPANY BY: Title - - TELEPHONE COMPANY BY: Title ELECTRIC COMPANY BY: Title Procedure for Abandonment of Public ROW Page 9 48899.v1 Application for Abandonment of a Public Right-of-Way/Easement Located: EXHIBIT The undersigned, City staff of the City of Wylie, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above pursuant to City ordinances and with respect to present and future needs of the City of Wylie and see no objection to the requested abandonment from the City's standpoint. City Engineer Building Official Planning Director Fire Marshal Director of Public Services Procedure for Abandonment of a Public ROW Page 10 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: EXHIBIT NO. The attached letters represents, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. Procedure for Abandonment of a Public ROW Page 11 {4889 .r1 #lit .N EXh I 'I"NO. CITY OF WYLIE - -- [DATE] [Name& Address] - - --- RE: Abandonment of Right-of-Way Located at: To Whom It May Concern: An abutting property owner of the above referenced public right-of-way has requested that the City abandon said right-of-way/easement. The City Council will consider this request in the near future. If abandoned, the half of the width of the right-of-way/easement will be offered for sale to the owners of abutting properties at the appraised fair market value, in accordance with Ordinance No. 2 7-XX, Section 2.12 of the Subdivision Regulations of the City of Wylie. County records indicate that you are an owner of property abutting the subject portion of right- of-way/easement. Please complete the questions below, and return this letter to the City of Wylie Planning Department, 2000 Hwy 78N, Wylie, Texas 75098 at your earliest convenience. I do ), I do not ), agree to the abandonment of the subject right-of-way/easement. If abandoned by the City, I am ), I am not ), interested in purchase of, at fair market value, that portion of the right-of-way/easement abutting my property. If you do not wish to purchase the offered land, it will be offered to the other abutting property owners. All of the abandoned right-of-way must be purchased by the abutting property owner(s) within six months of City Council approval. Unless the entire area is sold, the right-of- way/easement will not be abandoned. Signature of property owner or authorized agent Procedure for Abandonment of a Public ROW Page 12 488299.vi i EXHIBIT CERTIFIED APPRAISAL OF THE VALUE OF THE LAND Procedure for Abandonment of a Public ROW Page 13 488299.v1 EDIT RELEASE OF CLAIMS Procedure for Abandonment of a Public ROW Page 14 4 .v1 RELEASE OF CLAIMS In consideration of the abandonment of the northern fifteen feet (15') of right-of-way which is a part of...� - and adjacent to Lots of Block of the Original Town of according to the Plat thereof recorded in Volume Page of the Deed Records of _ --.-...County, Texas, as more artilarl described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Right-of- Way"), the receipt and sufficiency of which is hereby acknowledged, we, release any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives, which we may possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to our execution of this document, relating in any way to the Right-of-Way. We are fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that the claims released above are currently owned solely by us, ------ - free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. We further represent and warrant that we have the right to compromise and settle the claims and any other claims that could have been asserted by us which relate in any way to the Right-of-Way. We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties' respective legal heirs, successors and assigns. Should any portion (word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. In witness whereof, we have executed this Release on the day of �--- , 200_. Procedure for Abandonment of a Public ROW Page 15 4 8 99.vl ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day o .,.....� 200 Notary Public, State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF _ - Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the --- day of 200 Notary Public, State of Texas ! My Commission Expires: Procedure for Abandonment of a Public ROW Page 16 488299.v1 9 ORDINANCE NO. .._��. `_Q2�~7 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING APPENDIX"A"OF THE WYLIE CITY CODE (WYLIE FEE SCHEDULE) BY ADDING SECTION 43.00 RIGHT-OF-WAY ABANDONMENT FEE; PROVIDING FOR A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AID EFFECTIVE DATE. WHEREAS, the City Staff has undertaken a review of its existing fee schedule and structure and determined that certain new fees be added; and, WHEREAS, The City of Wylie currently does not have a fee for the abandonment of right-of-way and has determined there is a need for said fee; and, WHEREAS, State Law requires that the proceeds from the sale of right -of-Way must be used to improve or purchase property for similar purposes, the funds would be set aside for accordingly; and, WHEREAS, the City Council has reviewed the suggested addition to the fee schedule and determined that the same should be adopted and put into effect by the adoption of this ordinance; and, NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1 That Appendix"A"of the Wylie City Code be, and it hereby is, amended to add as follows: § Section 43.00 Right-of-Way Abandonment Fee Under State Law, cities are precluded from giving property away. Cities must, under Section 272.001 of the Local Government Code, obtain an appraisal to establish fair market value. The City is then not allowed to convey, sell, or exchange that sand and those interests for less than the fair market value of the land or interest. SECTION 2 Any person violating the provisions of this ordinance, or any part thereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06, therein, as the same now exists or is hereafter amended and shall not be allowed their permit, privilege, or license to which the fee pertains. SECTION 3 Shouldentence� sut -division� 1 �clause, hrase i n this paragraph, ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION This ordinance shall be in full force and effect from and after its adoption by the City andpublication blication of its caption as the law and the City Charter provide in such cases■ ft SECTION 5 That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of anysuch conflict or inconsistency and all other provisions of the pe Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section orprovision of anyordinances at the time of passage of this Ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the day of June, 1996. By 117/44r #. .I scar , Mayor • ` a ■ F ATTEST: z. usan Shukr, it Secretary s , f i •+a CITY OF WYLIE, TEXAS ORDINANCE Naii " AN ORDINANCE OF TIE CITY OF WYLIE, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF A CONSOLIDATED FEES AND CHARGES ORDINANCE INCLUDING WATER AND SEWER RATES AND FEES; CONSTRUCTION PERMITS AND FEES; IMPACT FEES; SPECIAL DISTRICT FEES; STREET RECONSTRUCTION FEES PERIMETER STREETS FEE IN LIEU OF CONSTRUCTION; MAINTENANCE CE BO$iDS; ZONING AND PLATTING FEES; GARBAGE,TRASH AND BRUSH FEES;PEDDLERS'AND SOLICITORS'FEES; COPING CHARGES;FINGERPRINTING;TAXICAB FEES;FIRE CODE PERMIT FEES;PARKLAND DEDICATION FEES;ALARM SYSTEM FEES AND CHARGES; ANIMAL FEES;LIBRARY FEES;EXCAVATION PERMIT FEES;COMMUNITY CENTER FEES; MANUFACTURED HOME LICENSE AND PERMIT FEES; SIDEWALK AND DRIVEWAY APPROACH PERMIT FEES; WASTEWATER PRETREATMENT PERMIT FEE;CARNIVAL LICENSE FEE;COIN-OPERATED MACHINE TAX;DANCE HALL LICENSE FEES;POOL HALL LICENSE FEES; GARAGE SALE PERMIT FEES; WRECKER SERVICE FEES; MASSAGE ESTABLISHMENT AND SERVICE FEES; JUNKYARD AND SALVAGE YARD LICENSE FEES; ANWAL TAX ON AUCTIONEERS; FOOD SERVICE ESTABLISHMENT FOOD STORE PERMIT FEES; GARAGE KEEPER'S ABANDONED VEHICLE REPORT FEE; MUNICIPAL COURT SPECIAL FEES; VEHICLE 'WOUNDING FEES; WASTE HAULING PERMIT FEES; WASTEWATER DISCHARGE PERMIT APPLICATION FEE; MOWING AND RUBBISH CLEAN P CHARGES AND FEES;ATHLETIC FACILITY CHARGES AND FEES; RIGHT-OF-WAY ABANDONMENT FEE; SEXUALLY RIEI TEI BUSINESS FEES;MUNICIPAL COURT BUILDING SECURITY FEES;AMENDING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY CLAUSE; -.-..... PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,The City Council of the City of Wylie,has determined a need to have a consolidated fees and charges ordinance for the City of Wylie,Texas;and, WHEREAS,The City of Wylie does not have such a consolidated fees and charges ordinance;and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TES,THAT: The following fees and charges are adopted by the City Council of the City of Wylie,Texas for the City and outside the City limits where applicable. SECTION toe WATER AND SEWER RATES AND FEES. §1.01 Water and sewer service deposit. Each water customer shall make a deposit to the City of Wylie for water service and sewerage service in accordance with the following schedule: a Residential customers: 1 Water service $30.00 (2) Sewer service 30.00 b Commercial customers: I Water service 62.50 Sewer service 62.50 §1.02 Water rates. a The following monthly water rates shall apply to all residential customers within the corporate limits of the City of Wylie,Texas: I Monthly minimum charge for first 1,000 gallons of metered water consumption _.... $8.90 Football None (Football marks their field at this time.If they choose for the city to contract out this marking,a price will need to be agreed upon at that time.) Chalk cost,per bag 1. 0 * All above fees already take into account the 40/50 split between the City of Wylie Parks and Reereati.on Dept and those merving a field(s).Any special markings above and beyond accepted standard markings will be subject to an additional charge due to extra labor/chalk costs and will need to be agreed upon between the city and those requesting special markings.The 50/50 split will also apply in these instances. SECTION 00 RIGHT-OF-WAY ABANDONMENT FEE. Under state law,cities are precluded from giving property away.Cities must,under 1 . '. .A.,Local Government Code 272.001,obtain an appraisal to establish fair market value.The city is then not allowed to convey,sell or exchange that land and those interests for less than the fair market value of the land or interest. SECTION .00 SEXUALLY ORIENTED BUSINESS. The annual fee for a sexually oriented business license shall be S500.00. SECTION 44.00 MUNICIPAL COURT BUILDING SECURITY FEE. The amount of the municipal court building security fee shall be$3.00. SECTION 45.00 PENALTY. Any person violating the provisions of this fee schedule,or any part hereof commits au unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in section 1-9,therein,as the same now exists or is hereafter amended and shall not be allowed the permit,privilege or license to which the fee pertains. PAS ED AND APPROVED BY THE CITY COUNCIL,OF THE CITY OF WYLLE,TEXAS,THIS THEDAY OF i -1998. ...00111111111. John Mondy,Mayor )11105 Fara Salinas Secretary SEAL 1:===i //fiammtnittko CONSOLIDATED FEES ARID CHARGES ORDNANCE#page 19 ORDINANCE O.2006-05 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE CHARGES/FEE SCHEDULE ORDINANCE) BY REPEALING SECTION 42.00 (RIGHT.OFWAY ABANDONMENT FEE); REPEALING ORDINANCE NO. 96-25; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Wylie, Texas ("City") finds it would be beneficial to be able to sell, exchange or convey City property using any method allowed by state law and the current ordinance is more restrictive than state law; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that it is beneficial and in the best interests of the citizens of Wylie to repeal Section 42.00 (Right-of-way Abandonment Fee)of Ordinance No. 98-16 as set forth herein; and WHEREAS,the City Council has determined that it is beneficial and in the best interests of the citizens of Wylie to repeal Ordinance No. 96-25, which established a Right-of way Abandonment Fee as set forth herein NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: yirmlingsAncorponkilt The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance _o. -1 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 42.00 (Right-of-wa b d xent Fee).Wylie Ordinance No. 98-16 (Consolidated Fees and Charges Fee Schedule Ordinance), Section 42.00 (Right-of-way Abandonment Fee)is hereby amended to delete the text as follows: SECTION 42.00 [RESERVED FOR FUTUREUSE] SECTION 3: Ordinance No. 96-25 Repealed. Wylie Ordinance No. 96-25 is repealed in its entirety. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 96-25 shall be repealed. SECTION 4: Savin All provisions of Wylie Ordinance No. 98-16 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 to the extent they are in conflict; 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 Ordinance No. 006-05 Deleting Right-of-way Abandonment Fee from Fee Schedule Page I • violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: 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 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this the 24th day of January 2006. .,``‘ ,� c'Mond Ma or � n tiwr R. NA ATTEST: F A ns z. • LA 7 •� W_pP. r v 1°Z. Carole Ehrlic', City Secretary ''� �� t �� �0 Date of publication in The Wylie News—February 1,2006 Ordinance No.2006-05 Deleting Right-of-way Abandonment Fee from Fee Schedule Page 2 /1/,1 Wylie Planning and Zoning Commission CiTY OF WYLIE AGENDA REPORT Public Hearing Meeting Date: June 19, 2007 Item Number: 2 Department: Planning Prepared By: Jasen Haskins Zoning Case Number: Text Amendment Date Prepared: 6/14/07 Exhibits: Proposed new ordinance with markups, Pictures/details of past ZBA cases (1 to 6), ZBA comparison list, examples using proposed ordinance. Subject Hold a Public Hearing and consider a recommendation to the City Council regarding an amendment to Zoning Ordinance Section 2.5.4 (Accessory Buildings). Recommendation Motion to recommend approval to the City Council regarding an amendment to Zoning Ordinance Section 2.5.4 (Accessory Buildings). Discussion 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 Page 1 of 2 Page 2 of 2 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. 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 Department Director DRAFT w/PROPOSED CHANGES 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 and kiosks, whether for collection, sale, or distribution of goods and services have some differentiating requirements noted separately under the various headings below. Except in the Agricultural (OG/30) District, not more than two (2) accessory buildings shall not exceed six hundred (600) square feet or twenty five (25) percent of the primary structure, whichever is less. In no case shall- he ombined area of the primary sty an-cl-a-GGesseily-Igui-1-d-i-n-g-(s)-ex-Geed-the-maxi-m-u-m-per-Gentage-of-lot-Geverage-allowed-far the zoning district on which thest ctures are planed. viception 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. ati-e-Fi-2AGGesse-ry-b-ui-l-G1-i-n-g-s-l-e-Gated-e-n-l-ets-t-hat-a-r-e-twe-(2)-a-c-r-es-e-r-FFI-G-Fe-i-n-s-ize shall not exceed three thousand (3,000) square feet. Barn-s-an-d-Stablesl-n-theAgri-c--u-k-u-ral-(AGI-3-0)-ZO-Ring-elistri-c-tsbarn-s-an-e11-e-r-staial-c-s buildings exceed-t he maximum percen of lot coverage allowed for in the Agricultural (AGI-3-04194-n-g-Glistr-i-Gt—Said-barns-a-n-War-stables-s-ha-1-1-not-be-149-c-ated-withi-n-fifty-(5-0-} feet of any property line. Commercial equestrian or rodeo arenas whether enclosed, 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). c. Kiosks: Kiosks may only be placed on commercial lots and are limited in number to one kiosk per 50,000 square feet of building floor space or any fraction thereof. 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, DRAFT w/PROPOSED CHANGES 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: Ohl DG esSoloy hi ii14-ng-s shall r,n+ ev+en-d heyinr,rJ nlat+erJ f-an- sid-e-e-r—rear-bui-l-di-n-g-l-i-n-e-a-djaGent-te-a-street=1-f-1419-141.1114-14g-1-i-n-e-ex-ists adjacent to a st an approved plat, the building chapati-r oot be located closer than ten (10) feet from the side property line.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+ if the rear nrnnerty limo is a a ►er,++n str t rig ht-of-way. (b)In situations other than those contained in c. 3. above, the rear setback is five (5) feet. Exception: When the accessory building is a garage with rear access, the rear shall be a minimum of twenty (20) feet from 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. DRAFT w/PROPOSED CHANGES A-Othe-F-Stfuctures—A-GGe-SS-alp),-Iguil-di-n-gs-s-hal-1-R-Gt-Ig-e-locateGI-with-i-n4ive (5) feet of any other fit ucture, 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 hi iildings 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 u mce+st r►Insoly rosomhlo +ho r►nlnr rl�n ma+orials of+ho roof of+ho mein building. Exception: When the aGc€sory building 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 b-ut-[ess-t4a-n-t4ree-14u-n-d-red-(3-0-0)-s-quafe4eet-i-n-afea-afe-req-u-i-reGI-te-Ig-e constructed with exterior walls osi-L, _nor y far ade material or the same masonry content required of the main structure. {-3)A.GGe-sse-ry-lau4di-n-gs-ever-t4ree-14u-n-d-red-(3-0-0)-s-ctuare4eet-i-n-afea-afe 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 °gricu' 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. DRAFT w/PROPOSED CHANGES 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 and kiosks: Barns and stables located on property zoned Agricultural (AG/30) or kiosks 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. vnc a4civ r-�rni nhcAg-ii nvciicai•�I /-c�-�cvrvvTcv'�irm�a�ai cvcri n4rrvr-awcvvv ry h�i i Igv shall be limited to a height of not more than twenty (20) feet to the top 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. SAG/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. b. Kiosks, if placed on a parking area, cannot interfere with the parking requirements as set forth in Article 5 of the Zoning 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. Accessory Building Examples Using typical lot and house sizes Current Ordinance New Ordinance Very Small Lot— 1,700 s.f. house on 5,500 s.f. lot 425 s.f. (1700 x 25%) 275 s.f. (5500 x 5%) Materials - 3 possibilities Materials —2 possibilities Small Lot—2,400 s.f. house on 8,500 s.f. lot 600 s.f. 425 s.f. (8500 x 5%) Materials - 3 possibilities Materials —2 possibilities Medium Lot (2) —2,600 s.f. house on 10,000 s.f. lot 600 s.f. 500 s.f. (10000 x 5%) Materials - 3 possibilities Materials —2 possibilities Large Lot—3,000 s.f. house on 1 acre lot 1,000 s.f. 1,800 s.f. (3000 x 60%) Materials - 3 possibilities Materials —2 possibilities Very Large Lot—4,000 s.f. house on 2.5 acre lot 3,000 s.f. 2,400 s.f. (4000 x 60%) Materials - 3 possibilities Materials —2 possibilities f Wylie Planning Zoning Commission CiTY OF WYLIE AGENDA REPORT Public Hearing Meeting Date: June 19, 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 Consider a recommendation to the City Council to amend in its entirety 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 recommend approval to the City Council to amend in its entirety Article 9 Nonconforming Uses and Structures. Discussion The purpose and intent of this 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. Pursuant to Chapter 245 of the Local Government Code a project is vested by obtaining a permit. Permit means a license, certificate, approval, registration, consent, permit, ordinance granting zoning, contract or form of authorization required by this Zoning Ordinance, which has been approved by the City, that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought, and for which the application for the permit or information required to be submitted for consideration provides fair notice of the project to the City, including but not limited to an approved site plan, an approved concept plan, or an approved ordinance granting zoning, granting a planned development or granting a specific use permit. 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 2 Page 2 of 2 Section 9.4.2 Nonconforming Structures subsection B allows for certain repairs and renovations as required by law, ordinance or those required to preserve the structure. Another major change is within Section 9.8 Changing Nonconforming Uses. A nonconforming Use of a structure or building may be changed to another nonconforming use of a more restrictive classification after approval by the Zoning Board of Adjustments. Upon approval by the Board, the more restrictive classification can not thereafter be changed to a use of less restricted classification. The current ordinance allows for the same nonconforming use as well as a more restrictive use. 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 06/14/07 p De artment Director DRAFT w/ CHANGES (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 w/ CHANGES (i n or.\\!1.I 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 w/ CHANGES (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 w/ CHANGES (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 Neighborhood A.C.T.I.4.N Plan Accountable Communities Through Involvement Of Neighborhoods dit CITY OF WYLIE Planning Department City of Wylie, 1 2000 Hwy 78 N,Wylie, Texas 75098 (972)442-8158 1 ._ I . -am- iiii,w,.'7— ii , t r.(142: I iimeLlt Romps-II wk. /44 L p Willii4llet*= IMU I E (Iii-11) ,. i inn .117-- ri..- -zwira _____I immakinf,:ri -1."1 1 ..,,,_ .: .., i .. ___ IL —_—__ ---/ 1 1 .," ] r :/' 1 . LOP no, , !IE._ ma. ..,...,! nil ,,,r,:r":,,_ 1 ,../ cv \ I ,...- oi \ , . ..j. S.. lor 441 Hal-REE xi sim wiapv=Pri._:crap „, li . oniiiii-t% , 2 iii i • lath aJJOI..M IE : ! 41,1in In rifiki al Nir not,tv la EN ma :E.a.:=7-7,/ 4y,„0,..„ . miiiiriii, _-l...._ If-, E, a ti I- i.i ggm i.E---i. 1., fa..i . a.ifAiniiira isri0nofIf ..,.+ = ' ` v riir--I• , am, i11II!i91 ,0601„,_410iiiillinilill Dm=INP-Air BE -1,/(IF r] . 3.= E. ga bri altitiV /111 11r 10,0, iiiii111111111111i Mi alb , i 1 EIV-- - , ,T.4 It=" ,mil AwiltAiuiuui r iij in pqw°"•• ?al unninopumm ma Hi, I IF cililid111111111 111111111 "1, , 0 ' 11 L.,,,intho IIIjyrt:r 407 1 im In t,„__. .....,......,...._........ MI ireito ilk ist _ ,4,.../. , _ . . � .7 %1 . -I . . ITOWirif#44/ P .ra „,, , „n , .� .Ar ; it imiwind .. ..pi. I -7 .... .r.,,,, P ILL-84 i.,11-4 Ali...i= . 0.- ,..0 - . eT, .!!-.E.- 1131: ii; . 1 Taloa imam lop. s. . #4, Icon:I= .1.1.2 : I aim MC .mi i 11E1111 vif-di ?la 11 Eli LE 14 I- __AMORE 2 mini' Mik =5F:4 .Ir.'11 MI=I all m 1.‘10111 la WI m 11111111111 16 At F---i rrnA5:,91 NNE t4I L9 0. NEM 1°11"'WI.2 " '''''''''''' 2 ow -11111111m -,...,..., ..6„ -41- iira MI'" le011=1611 I"in- im IN-11..- --- ---12 li q -. Mal)I 2 in itt.112r En mg: C.O I r ,, If 1 1;:oltp,w,,,s, L-111112=timire -\\ . p �=�0, riget7,40 iniii n• mi... . ,,,-\\ \ !! ill IraSV�� -!21�5 "LSs Lam- i 1 . / fii -„,.!. .„,, , . / ';` 1 7,, � Hi rulitlilli1 i II 1 I I al ihmium mu inuinuounon - 1 I i . vi-j LEGEND \ 1 I-1 : 1 Russell Addition 9 Butler Addition 2 Brown&Burns Addition 10 Lavon Terrace Addition 3 Keller's Second Addition 11 Fairview Addition 4 Keller's First Addition 1 2 Bostic Addition 5 Railroad Addition 1 3 Aylwood Addition Calloway Addition 14 Eldridge Addition I 7 Bouthslde Addition 15 Caldwell Estates Addition I I 8 J.M . Butler Addition 1 6 Holiday Terrace Addition C I TV CD F VWLI E . ipidll CITY F� L1E A. .T. 1 . C . NJ . A P DATE: FEBRUARY 0D7 1 REVISED DATE: CITY OF WYLIE Planning Department Neighborhood A. .T.I. .N. Plan Program Overview The City of Wylie has grown from a population of approximately , 1 * in 1990 to over 35,000 as f January 1, 2007 and an estimated population of 44,448 by 2010*. While new developments have helped create the population, growth, and success of Wylie, the City has come to recognize a need for individualized attention in Wylie's more established and older communities. The current Land Use Plan provides a broad brush approach that guides the growth of the city. The development of a neighborhood based program would guide the growth and development of the City on the neighborhood level. How does a community come together? ...By being accountable to their community and by being involved in their neighborhood. The development of Accountable Communities Through Involvement of Neighborhoods A. ,T.I. .N. will be the tool for each resident and stakeholder to rrk together towards greatly improving the quality of life for all residents of Wylie. The A. .T.I. .N. Plan is designed to rejuvenate challenged communities, bolster those in danger of deteriorating property values and quality of life and preserve the diversity of all neighborhoods. The objective is to energize the public by encouraging diverse community stakeholders to work together to maintain neighborhoods, preserve open space and promote public safety. By addressing issues identified in the Neighborhood A.C.T.I.O.N. Plan we can engage neighborhoods to join forces to preserve the heritage of this historical city. By creating a forum for citizen involvement in addressing the community's issues through the Neighborhood A.C.T.I. .N. Plan Program, we promote creative problem solving and a spirit of teamwork between the residents in the community and the city. This program encourages community defined plans using a city- guided program. The A.C.T.I. .N. Goal Create a bond between neighbors and realize that communities working together and being pro-active for a mutual benefit can best identify and develop solutions to the unique challenges they face. I What is a Neighborhood The American Planning Association defines neighborhoods as diverse, dynamic social and economic entities with unique characteristics, which are recognized by residents of both the neighborhood and community at large. The targeted areas will possess these same definitive characteristics, although the approach to each neighborhood would be unique depending on the identified needs. THE A.C.T.I.O.N. PROCESS The neighborhood planning process involves the preparation of a three to five year plan to address the physical, social, economic, housing, parks and open space, and transportation issues of the neighborhood. The planning process is steered by neighborhood residents, business representatives, and city staff. The A.C.T.I.O.N. plan is designed to bring the planning process to the community level and deal with neighborhood threats and opportunities. The program involves a series of neighborhood meetings. The approach in each neighborhood would be unique to that neighborhood, and depends on the identified needs. The identification of neighborhoods are typically defined by its platted subdivision and geographical boundaries. Some ubdiivi ions are grouped together to form a Neighborhood that is homogeneous in character. Neighborhoods were selected based on vrious criteria including homes built in 1979 and earlier. These neighborhoods are diverse in ethnicity, income, and tenure of householder. PHASE 1 — What do you want? The Planning staff works directly with a neighborhood team from the identified neighborhood. fleeting 1 will allow the residents the opportunity to meet with City Staff. The group is shown their neighborhood's boundaries on a city map and the question is asked: "What do you want to do for your neighborhood?" The group discusses and identifies all of their expectations (strengths, Weaknesses, Opportunities and Threats) and is asked to identify ten most needed priorities. The commitment on the part of the participating group, as well as staff, is crucial to the success of this program. With those ten priorities, city staff develops a survey in house that is mailed to each property owner in the identified neighborhood boundarie . The survey requests the choice of their top five. Surveys are collected by City Staff and neighborhood volunteers and then tallied by City staff. 2 Once the top five neighborhood-identified priorities are compiled, meeting 2 is held. At this meeting 2, City staff will present the results of the survey. After a brief overview, the group is asked to breakout into one of the five groups of which they have an interest. At each group, staff works to assist them in the creation of action items that they, as a neighborhood with the help of city staff, can work towards in order to address that priority. From each group, a leader is selected. The group is brought back together and each leader with the help of staff as needed, presents their action items to the whole group. Discussions on items missed, additional thoughts and ideas continue. With those action items, staff creates a formal A.C.T.I.O.N. Plan Binder for that neighborhood. Each leader receives this information. The Neighborhood leader would present their A.C.T.I.O.N. Plan to P&Z and City Council. Staff works closely with each group (leader) to assist in the implementation and continuation of their own action items. PHASE 2 — Implementation Ongoing communication between the Planning Department, and other city departments i.e., Police, Fire, Code, Parks, Public Works, etc.) and the neighborhood will continue throughout the implementation of the A.C.T.I.O.N. Plan. An annual neighborhood meeting is held to review and reassess the priorities and encourage additional participation. The demonstrated interest by the residents to improve their neighborhood through this process is the guiding force in their A.C.T.I.O.N. Plan success. Some Staff initiated priority items might include: • Safety (ex: Neighborhood d Crime Watch program, traffic lights, pedestrian, safety alarms, Safe Routes To School initiative) Parks and Recreation Infrastructure (drainage, sewer, upkeep, storm water, streets, water pressure, sidewalks) • Code Enforcement (Beautification efforts, high weeds, abandoned vehicles) Neighborhood Lighting • Youth Outreach • Abandoned/vacant properties: maintenance city/private. * NTCOG 3 A.C.T.L. .I . Map Key ID # Subdivision Earliest Year Structure Built I Russell Addition 1940 2 Brown & Burns 1930 3 Kellers Second Addn 1955 Kellers First t Addn 1940 5 Railroad Addn 1930 6 Calloway 1931 Southside 1940 8 TM Butler 1969 9 Butler 1955 10 Lavon Terrace 1955 11 Fairview 1965 12 Bostic 1953 13 Wylwood 1962 14 Eldridge 1958 15 Caldwell Estates 1962 16 Holiday Terrace 1977 4 / \ i / I 1 I I I i 1 i, 1 1 1 i 1 I 1 ,I , i I li it 1 11 l'11 I 1 \ 1 i I _. .1! i __ 1 - ._. .i. .__ i z. 1 _:,. i z--. ---, 1 :-. .1 .-., -,:- - li - - - i ,, I - 1 - 1 - IL,: it :2 - .. 9 Li D 7 ° 1- 1111-1 I ! , 1 ......., 1 :. i . 11 i-1 : 1 -?-N :-. ' ,.,, , _., ' ' ,f. , '.-,: n-! 1 : 1 ::-r 1 ' '-' : ! . - I ' 4 I i 1 i i I 1 1 ! FI 4 s J I 1 , , , , I' 1 !, 1 ,i 'I I 1 1 1 2 i i _ I ` ' _: , . , 7 ji ''- 1 .: •L::: 1 1 i ' '''' C,) 1 1@ @.,1 4 LI 1J n o_d L-I 1 Ei . , I f i II 1 . , _ , I i _,. , ..: , _ _ ,, • i. ./., ,i_ .: , 7' I i i i S i 1 i i i 5 1 : 1 : 1 — 1 E \e ir , . i — i . I : i -__ H i ,. i ,:___ i _. 7,,- —�— — 1. 99J P-il .1 Lii II El -. I --: ,'--:. 1 ' .--,.., I ,f-'i I ',:- i 1-p, i:-, , 1 1 1 1 1 1 1 i 1 , 1 a 1 - } . i, 1 1 ' . 1 iII 1 1 ,„ i 1 1 1 I I 1 1 i I 1 1 ! ; 1 Census Tract 3 13.04 Block Group 4 1 111,1_.,effer son St C., 1 . • [ ••- r---> CI III . li Li in; rk, Fria4F ... ..--.'4 - •WP3rbie.Si I. --L2 ,_.-ral E Ma rial.Lit 41' 6 • 4,- fa 2, z-- u t: - ra 6 a. rP 1 ..J ifi , I I 1 5 u 1 ! .. ... ,/ ! E Oak St 1 . z u-, .... i 0 I 31133 , ...t0P-'51-6.7 ., ! 4 -..,-- Ra i II ozid .B.St er Ave - -, -in, .....9. -, .. RushCreA Dr_ ...15 1 N .: f ! r ii ,-,-, . 1 in 7i ._.4..e4° . ' 0 : .= 4--- -- T.' i ---',. 1 _I.anglewood-D.r_____, -e• ir- ---..-c. E2 2 t bit] Add. j 1;1' . . 1- : -:• ' :• r' tir-SI ---. • -''', -- ' - F. •, -• Ceclariiidge_D.r__..! ..,. 1).‘)''' :-- Ei , . : • . _co._ • • %,i.' _ •-! .11_ . : wviie : -qv ci. 1 ........ ........1 4_, . ril LI\on I CI rilCC .. -:/I'.: ' : : it,( ) I ! . .rn WilliarnSt I j,clI A. , u5 -.. c' ...= la 4-, a .. '. .: . Bostic Add71--- — Efeatherwood Dr 1 I / 1 ,1 1 v-, ...: 1 . .... „ • 4,-: 1. ii r\I ek Add I. , I C it izunaAye ,•- ‹— ; : '.....A 7.- :--•-.13', _ - 1 . 1 1 . ..;-. kLii jib y_51!_ ! :. .5rp ? : t. 0 z Pm — — .1 ci 0 a LI . -E. , " a> .• , • • ciidhri:. E.. .. 1 w_aien.st . V — :: - , fl.:LESLE__-' 119.015.t..g.,YD, 1 , ra 4 I 313.0 ui 1 i El) i u . ; ._. N HBCRFIG .-A*b B RRo,,,,,,owhin,r1AMM-- PM3PERT1IXWIIFFRA01R XVR#FA-YfIS PBXa7RTYS-OCArau. --� 1E. STR00TLJI9ETYPE EXTERIOR COMM. =EWAL, COP.I HT, Gensa,s rr�c�.TfJ Rt!9lxx G�to a ITRUCTIIRE T+! ,,,,,.---,-d a , r,, GUILT 1,1,,LN, Vuarrkeru :-i-4,a.fA,Irx f{x-a-Lrscr a ni 71 n++xrt raRIrMars I.R-fi1C7-011-001A-1 A'NERNAI.TF 84.20BRANDONCOURT PLANOTEXAS75or3 501 STATE I4 Y78N 1975 C 1 R1 F . CAR PETITTLESTORE 1R-11E9•o11-OO1B-fi OWNER NAME 942O0RA1#DOt1COURT PLfINO.TEXAS 75093 505 MARBLE ST E 1354 R S F 34R-1!5A-011-01G1 OWNER NAME 0420 D IA-1,4D0r4COURT ---- PLANO,TEXAS 75033 507 MARBLE;T E_--- � 1954 R S G - 4 R-1t+39411aJd7.1 7OWNER NAME 3-120 BRANDONN COURT PLAT#O,TEXAS Thra3 501C STATE wry 7a N 1 C M F - CAR WASH 5,Fl-1#53-012-001A.1 75511ER NAME PO BOX MOO --- _ AVON,CO 91020 520STATE HWY JH 11 } 790 C f,{ € 'R- — --.---._ r_9`I1,1fi#'$-012-02E.34, RTy'If1#ER'NAME 3105,FIRST STREET 4ViLIF"TE](AS 75095 7515THST5 1955 FT -5 C + _..".... T'R.1t$ 12 O39-1 OWNER NAME 412 DOGWOOD DRIVE --� WYLIE.TEXAS 75051 202 MI 5T 5 91R-11 012-03tA-1 OWNER NAME 412 DOGWOOD WINE 1,"JYLIE,TEXAS 793"58 -"-."..700 5T}#;T F1 1090 .. R 5 1 R.J.` ROOF DAMAGE,POSSIBLE DRAINAGE ISSUES 3 R-11d3-01247p41-1 OWNER NAME EO3 E,MARBLE STREET VYYLIE.TEXAS isms. TAO MARBLE STvE 1950 R W. F ._ IV R-1153-013-001A.1 OWNER NAME XOs FOREST EDGE LANE WYLIE,TEXAS 75038 7EB 5TH;T!# 1990 R M c - DUPLEX ---— — --- __r r E#-1189.013-001 1 OWNER NAME i001 BOI4AIZ4 DRIVE --- SACHXE,TEXAS 75049 300 MARBLE - V - VACANT LOT CiR.115X-013-092A_1 OWNER NAME 10135T15TN ,W11.1E,TEXAS 75090 10f35TH5T11 - 1970 R M G ._9.L11.i10S4T3.093A-1 OWNER NAME PO 1110 304 WIVE,TEXAS 7503,3 1X4.571i ST N 1949 R W F i4tR•1id3013-0045-1 OWNER NAME PO BOX 0i 'WYLIE TEXAS 75059 10051-H ST II 1930 B W F --����-- --------- ..- .��---...�---.."."...------ ------ ------ ------ - SLIGHT ROOF IMPERFECTIONS /51R-1163-014-0010-1 OWNER NAME"--- 6120 B902100N COURT iPLAIIO,TEXAS 75093 5TO MARBLE ST E - -- —_ ---- --- T 135a R S F 16[FI.1TB9-Ol4-33E3-1 QYYNER NAME 407FOREST LANE HUFFMAN,1XxAS 77338 T455TMI ST Ii 1985 R M C - 17lR.1183-d1 aL-1 _-_OWIIEE NAME 3821 SECS BOULEVARD WALLAS.TEXAS 75217 501 OAK.ST E . 19,-5 Ii S G , _,�-- —_.,.- 1Ef R-114 014-Co7o :OM ER:OER NAME 100N4TH ST WYLIE,TEXAS 75 8 11x7N4TH ST,PLX 14 LOT 73 AEA 1953 R5 a - UPDATED EXTERIOR WORK — 1.,R-1159-014-03 -1""""" OWNER NAME"" .POSSE 1133 GREENVILLt TEXAS.7544:3 102 4TH ST ,zo Ez.1169-01d-010D-1 OWNER NAME - 110 I#4TFf 3T WYLIE,TEXAS 755098 110 N 4TI i ST -I 1961 C 3 F 21 R.110S•U1a••0115-I _OWNER NAME 342v 0E1A.11170T1 GOURT PLANO,TEXAS 75033 4TH ST ELK 14 LOT 1112 1370 R 0 P MOBILE HOME PARK 22i0-110J-OIG-0775-1 OWNER NAME 70.IllGWAY 71 NO#ITII ;WYLIE,TEXAS 75093 BLK 15 LOT 37 - V - - - VACANT LOT _23 R-110 0¢0031a1-_— OWF#EER NAME _--_ 5;01 PLEASA!1TVALLEY ROAD iiMLIE,TEXAS 75056 7,.07 STATE HWY 78 I# -- 1955 - C _" W -- C CENTURY 21 OFFICE 24 R-1109-027-0030.1-"" 009110R NAME-"" .211 MASTERS AVENUE WYLIE.TEXAS 75005 211 MASTERS AVENUE 19E5 R 0 C I MID R IA11 STYLE HOME 25Trt.1159 02Q-O, i .AMER NAME - P.BOX 352 ,KILGORE,TEXAS 75C33 207 MASTERS AVE E -----1991 R W G - 23 R•11es.07.0-0om-1 OWUEFR MALIE 974 MALLARD DRIVE COPPELL TEXAS 75019 201STATE HWYY in N 1970 C M G - IF1r1A FUElJN.3 STATION 27 R-1193020.O10R5.1 OWNER NAME 974 MALLARDDFEIVE ,COPPELL,TEXAS 71.19 MASTERS TT.E1LK 20 Lay 10 - - II N 2!t R-11e.021-001R31 OWIIEl1 NAME --- Po Box 22 LAVOII,TEXAS 75168 100 3I15 ST 5 1950 R S G 291R.110,071-0Q20-1 .WRIER NAME -- .102 3.THIFRDSTREET I WYLIE,TEXAS.75098 102 S.THIFRDSTREET '._19 3LL -- R -I— S 0 - ----- — ----- 30,f7-11E3-021 75]20-7 OWNER NAME PO RDX 22 LAVON TExA5 75158 154 3R0 5T 5 V � - . VACANT LOT 3I F#F-110]-027-00A5.1 OWNER NAME ICO4 LI FI A LANE WYt1E,TEXAS 75059 309 MASTERS AVE 1E B I W F 32A-1109-021-00C_6-1 "" OWNER NAME_-"_ 5CHELSEA DRIVE .FORTWORTH TEXAS 7E174 307 MASTERS AVE 1500 R 0 G 931RG•1, 14307B_I OWNER NAME — 395 MASTERS AVENUE EAST 'WYLIE,TEXAS 75098 305 MASTERS AVENUE EAST 1950 Ft W P - 34 0-1TX'3-R21-00.15.1 :OWNER NAME 100THOMPSON 0RE',r7 -RTCHARI OI1.TEXAS 750no 3,31 MASTERY AVE E 1931F1950 R --"—"" S P 3RESIXEFITIAL STRUCTURES is_,3031.1aalaFJ_ 35 1i-1135•021-0FT9S 1 DWTIEII NAME 100 THOMPSON DRIVE RICHARDSON,TEXAS 75080 3O4 MASTERS AVE F 11431r1940v1950 I! 5N I' 3B R.1105-021-01IS 1 OWNER NAME 4025 GREENFIELD D9 RICHARDSON1,TX 75042 101 21,10 5T 5 4 1982 R W ---F .. 37 R-1133-022-0010-1 OWNER NAME 904 FOREST EDGE LAFIE WYLtE,T_FXAS 75098 1024T 1ST 1 1n7 R J M 0 384941050122 5-1 OWI#ER NAME 7047 BLYTHE VIEW ROAD ATHEFIS.TEXAS 7S752 1044T1-1 ST I TtI4•U• 11 W 1 P - 32!R-11 22-0030-1 05r1 Er 1t EXI.I E 304 E LWOOD ROAD lIT1vlNo,TEiVl3 750'31 10847115Ta I 150 V _ _ " VACANT LOT NEIGHBORHOOD 5 _ H36. Year Structure Built and H38 Year Householder Moved Into Unit: 2000 Data uhject 1 Number 12n-cli YEAR STRUCTURE BUILT TOTAL 8431100% Built 1970 to 1979 338 40.1% Built 1960 to 1969 209 24.8% Built 1950 to 1959 151 17.9% Built 1940 to 1949 52 6.2% Built 1939 or earlier 93 11.0% Neighborhood 5 122 14% --- ------ ---- TENUFE BY YEAR STRUCTURE BUILT Owner-occupied housing units _ 533 100% Built 1970 to 1979 184 34.5% Built 1960 to 1969 163 30.6% Built 1960 to 1959 88 16.5% Built 1940 to 1949 52 9.8% Built 1939 or earlier 46 8.6% Renter-occupied housing units 261 100% Built 1970 to 1979 145 55.6% Built 1960 to 1969 46 17.6% Built 1950 to 1959 54 20.7% Built 1940 to 1949 0 0.0% Built 199 or earlier 16 6.1% _ NEIGHBORHOOD 5 Pi SEX BY AGE Brook Group 4,Census Tract 31 .04 Total: 1,52' Male: 732 Female: 797 Under 5 years 61 Under 5 years 60 to 9 years 69 5 to 9 years 62 10 to 14 years 64 10 to 14 years 60 15 to 17 years 35 15 to 17 years 38 18 and }rears 6 18 and 19years 20 20 years 10 20 years 8 21 years 12 21 years 10 22 to 24 years 30 22 to 24 years 6 25 to 29 years 61 25to29years 68 30 to 34 years 55 30 to 34 years 56 35to3years 56 35to39years 68 40 to 44 years 55 40 to 44 years 68 45 to 49 years 36 45 to 49 years 39 50 to 54 years i 37 50 to 54 years 39 55 to 59 years 1 25 55 to 59 years 45 60 and 61 years 11 60 and 61 years 11 62 to 64 years 15 62 to 64 years 19 65 and 66 years 13 65 and 66 years 10 67 to 69 years 15 67 to 69 years 11 70to74years , 16 70to74years 35 75 to 79 years 18 75 to 79 years23 80to84years 8 80to84years 12 85 years and over 4 85 years and over 9 [DATE] Hello! On [DATE], about ' ' ' ' ' members of the Bostic Addition participated in a neighborhood priority-setting workshop with the City of Wylie Planning staff. The attendees confirmed the boundaries of their neighborhood and discussed many concerns, challenges and needs within those boundaries. The question was asked of the Bostic Addition group: What do you want to do for your neighborhood? Many items were discussed and with the assistance of the Planning staff and the group narrowed the lists down to ten. They are all equally important, but we need your help to get to the TOP FIVE Please find the enclosed survey. The list identifies the ten items, in no set order. Please check off FIVE boxes next to the items that are important to you at this time and return in the mail or in person to: Planning Department 2000 Hwy 78 N Wylie, Texas 7 098 972 4 -81 8 Thank you for your time and participation in this survey. [Fecha] i Hola! En [ FECHA J: sobre72727 los miembros de la adioian de Bostic participaron en un taller prioridad-que fijaba de la vecindad con la ciudad del personal del planearnienta de Wylie. Los asistentes confirmaron los limites de su vecindad y hablaron de muchas preocupaciones, desafios necesidades dentro de aquellos limites. La pregunta fue hecha del grupo de la adici n de Bostic: eQue quiere usted hacer para su vecindad? Hablaron de machos articulos y con la ayuda del personal de Planificacion y el grupo redujo las listas a diez. Ellos son todos igualmente importantes, pero necesitamos su ayuda para ponernos a el PRIMEROS CINCO For favor encuentre la revisiOn incluida. La lista identifica los diez articulos, en ninguna orden de juego. For favor vaya marcando CINC cajas al lado de los articulos que son importantes para usted en este tiempo y vuelta en el correo o en la persona: PlanificaoiOn de Departamento 2000 Hwy 78 N Wylie, Texas 75098 972-442-8158 Gracias par su tiempo y partioipaci n en esta revision. ittit CiiY OF WYLIE Neighborhood A.C.T.I.O.N. Plan Our Mission: ...to be responsible stewards of the public trust, to strive for excellence in public service, and to enhance the quality of life for all. Dear resident, City Staff would like to first take this opportunity to say how much we appreciate your participation. Together we'll work towards enhancing and preserving our community's quality of life. From the list below please select ten priorities you feel are important to your community. You may also wish to write in issues that are of importance to you that are not listed. SELECT TEN (10) PRIORITIES ITIES FOR YOUR NEIGHBORHOOD HOOD You may select from the list or write your own concern ❑Safety (ex: Crime, traffic lights, pedestrian) ❑ 1 have an alarm monitoring system ❑ I am interested in alarm Monitoring ❑ Parks and Recreation in General ❑ Infrastructure (drainage, sewer, upkeep, storm water, streets, water pressure, sidewalks) ❑Code Enforcement (Beautification efforts, high weeds, abandoned vehicles) ❑ School opportunities ❑ Economic Development (banks, retail, grocery, etc...) ❑ Neighborhood Lighting ❑ Youth Outreach ❑Abandoned/vacant properties: maintenance city/private. El For more information call the Planning Department at 2 442 81 8. Iti 4. ir f. _ ,�+ `.' -..• l' ..Y +v. ' + k ."' �i iy' �E} ,4 # ' A.,'Y '�a . • '.,F # .�' :�- - • T #•*'IF 3.IR 7 , 14 ■ £r' ' .■ t k.r 1.+r*- i' +~' ••■ y .. }. 1f71 r • • i",: r-•Jff i J,l' #*r *1t , r `� y 'r* �*M >�- } 3 "�y 1 • }T'! ■ T '■ " s.i• 1 ,. . 1'' .. •. ,,7. i�',' `yF ft ' *t Fi .tixr, Y' ,�� *.i .�4 * r,� - 4 1+- 1 y f+F`}a +�.a .1. .+ i- y is• n -• 'y♦ ' ~ � i J 17.' a '� F Y ■ .- ++'*' .'y9 'f,-t, _ tl r.' i ' . in • :■ .4 - 44 '� r 'I-i#t'1 ri...1 .w� �� + # l4 �i ; 1 i'�'#/--• i{., T r ,.r C * Fx * .'. • • . L 1 • t i ' 1 Lr �h-+ ..r,tilt - -- f� #, +'I{'i.' Jr, 1 * S • f r " .; t " _ �-+' . *L ki• {ram t -Ole-, tr..-i. �- i '{ J .i-1, . .. + - 4 :, 1 rk / 4ti. ,'X "! .:- a{ ■ � �#�+� r I ' r ' r( ; � �* • i.• I� x ft, ' ■r r -j ' t �777+"f. 11P • {it l,, ' - F{* _ V \t t 1+ f • .I.A '*lf{'s� ? s {+' •* . 1.i4 1R `.j si.�#i! 7].. 5 , ••l+k. *� I - } •/• 1#-j € ç.rfr -f h../ #+ 4 + * ^* # ♦• • 1?.' '!`L '•■ ++� 1.F"#}i J. r ;1:1+ r �''r- # • ** w�IF y i 'Y*M,F * *I *li y x' % • Pk' r r} .. „. I.. .. •.. •'� ilJJl. i; .`+ r*a a �,+it-,7,-i ^},�• L. ..i L�i1rii - J y .y ' 4 •ii +•Y t '•` s + r �f■y '*'#i ■y'r"+.*,{-f' ' ; ■„ ..:, `r ■' � .*' / - +S } '.'T�-wiz•pt #-• .4 - !+ • ! 4{+R* rf{ /~ ■ it ;t.� x'. , •.r. 1 i • 4. A. + `� ~�� � �� � � .rt�-. ./�} i€�1�, r'ir1�-'+ia�'r - ; y,�� ���J � + 5` -, +.� ■ r� i� } � �� • ■ * - �t�tM1 ti *- -. r. ,r* kf+ J+ {i • •j #' , : 4f :_•.1' # -r r t` ti I.iki - _ r•t .'r #! * i IF 7�/'� r�F- 1#� /+ ■ 4 * ! ., ♦ i , r a`�s ---s S ► *-_~■* • ',�•+ • 'ii x� - illitit.; #} •` !r �r . r• 'ter x x ti ti .i- ■ i '�i r_ 1-.. r�• 4'.• •i-`#� 4 • '}Tj * ■+. # ■ # '1• f ' • 4F _4 #i f r r•_y .• i ,•. ti .i ..:--,,.1 • + ��.wilt)! 1 - y it - , �4. r �" r,P: .i•#; 4 - ',. a W{! r/�f� # 1�'!. 1'1 '•t; .}# ' �- .` ,�.�y 5� M rf'7 r i{ I■ �/y1 r f.-f #-,.-. ', .:. " rt**tip ''11• f• .!I- . �-. ■#f ■�- F'+�'`` r .+�' - )f* 1.• Y■i,- , • 5 - r , F{ * '7r �F� F 77�'i "14*�tii{' +\ � �Y.h�.4 "y` , }•Y ♦ � �' "=i i f `~ }#ra1.,✓ •*1 i+!• .. - - -.i {'{!♦f�'- 'ri ,1w- 1\ #.. *�k # +1*.• !4, 71 r'.ki rtit • ,ti. .. .r * FI. #�}_ ,V. ki yrly�'• � .�• 'L•+ � # 41'`i�� �* 1� -yr�•-� { a��f �,�� * * � �rJ+ICI+.a � � t i 1,i 1��-i �_F ^^:���� { •r�a.� � •.i..S i ,'r a ,. f i i 4 •.� i �1.. • 1 i.i' . • ,"'�7t IT• + SI til , # L.,.F fit?... - •# # f ,, .i i kl *r ■. f .r .i F' / ,y7 41,114icit..):,1„&....4 A,.,-..,,,,:,.... ,,___ Sh, .....,. , .'•,-.irdi.N.10.i,e Nr, . t irii ri.4,....,r. ,J.,. - .. . . k‘.4:::, '.Q-'0't.. ' '.'/ -.2:-. -" • .i ., 4, 'I ..,. 1..,... ''. !... .. Wit.:371Whit 't... _ -. ' . ., ‘t VIMMCIIL j1 1'16. r .....,1;-'t,.."-44,1,•,46"... ,,,Ir..1 :,:;:::1,1:•'(/'7?.. L'•• 71:•••••:' / Mon' $:1*.i ii.: -11,",' ',':,ri ' '' . .:„... :"..11,,,,.-i , .. ,.(T. ' ./1 • leliiiiiiinrff-:x,,..i ,-t....":I,...... ....., . ,., Fv041747:4-,401.....t, ...- - .-it-m.... - ..---ididi".,,,* -,, s • . �_ } 1 4 Ly 1 - ! S .� 14-F.�,•key 1 41`1'! � r y �* I", i '• ti 1�; # �4 1?i, ��� .r• ' t Yi- 4 I # xr .i ifs ♦, - � '} if. ■ }} J t• }� •�'y k Mi 7 k `i' .i ` �'+ ' i -; k rat r 'i 1 k. "t i • a ` • LLLYYYYYY i {, yam _ -.- '- r �1 1 '1'fi�C� 4 F � k * ` k .4/7 1. ' v i � • � ��• rf '+ 7 r 1.• ♦!`�F * f# I !1 3fi { ':5j' �-'" 1"' * ; i� ',+ rIy • 'rY�\. w = ' fl�tr} ., + #, r :a rritce �t i t, 4 r#,it i r 7,.,.',,,---.,-.1.:,-.. T 4 c}a.° ,f ' - 6^+ ! i a ! 1w i' `a * t _*'f •w {ir #y *1?�.isr R -[ ��. x r r. '1 � IT,- a ;}'�* • a:i t### , � R IRf'Fnr ` ` �1�}*.• ;i* { .II-i�.{. `f{ - - i■■ r*.,{ • F•` ,.i'i 4. IT ' •� �. .%) 1. •-{ sy.,� 4 /� 1, , L i r« i, 1w yi, • ! ■f. 1 I 1 ., •. : 4 .,ram. 1:} • [� i Y*V.� ,:1r L' s'r'�i- •"L�'.F�.}.,,-'�" + w +s ,� {+� ! ,`�i � � --.'roRL'r-�ri 4. *1�� �. .043.:-,.. •-- , • ,-,:. .r'�_''',Qi ',r'. I i -■ f � 1 ` I+' •"ii , * ! 1 }" v#._ 1, w• '� !' - '*' rl- r • r r . #„�.F■ yam.; ' { ., ry �- *• i i -.•!} , �•' -�F -�.- �. 3 r•* yly, ". .:;:%S-1.::.1i**4!, •, 4.4 .�+ 'ti ■ -1 '9'L.-t. r,• -#f F .s � • 71 4 .• , .1•..6 #+' {,- Ei.# 'F?+"'� r ," yty i' {'; . .,, t i. J 1 i r 1, ` 1 ir%-i... ., . } , r # 4 wa it'd a t. • WII �F ��1 -# ''•i� �r , a r r' wrla.. .;----A, L.4 1.:-.L. .. ;-*--kil�l"i 7# ♦ xF} + �■��#iF�rr ip•`ta + .. - , \.♦•` * .T ! • , � . - F • `,i�..� ' r#i�f t r� } , •4 ��.-! {+ f,ff4 . #, J "S'. { .f' rr Irk _ e i .,.i.• iw. .'*,It'�.1.1 ` •`'*+`f r*.- .i+�.#a ( r /. • ,, ` -, -'R +`� .. f, '•} • •, 'f} l r -.,- r �'"'. - i *: .a Wit r '"�F -+ lr y�1 1 • .1� . ' !'t,1`t r+ { rrY�i s f* t # •` f .4,.r. }# Jr.,'1F - 1 1 y -4 ;r�M • * ` ' +{�. f 1 1*k•,i •# r �+/ -r • .�,.r# off r�', ► ` F• .. -,..' a Y:.1 r;'I,'1. 1 1�i°`}� • 11! 1,r{ ,. ■ ■ �•F�1�'V, • `1 f _ ...}■ *.{ ��S r,.1 �.•1.1 ti 1' .r' M 'n' 4*i;• '.r i F � . � . F+ 1 i .w'jk- � y I V ,J,�..`L 1 ". .. ,- � + err " �� * ra. •, {f ,� � r #ate, + i •1.• • .•r+ - Ty " `. ,s `µ� -...�.. #i�. -• „.4 ' 1 -a j + • y � + +�-� ` f#■ l,..:17*..;'-%, ''. ,tea, -f 7� di, ,.....,, 3 - . . • . : -f=..I i- y - .'„_.�4. Y y■ '_ .i 1+ • }y, r •* " i 4 - y � # ' t. T7 �r1. +t mot. ` f"f f �:x ' -. f " `"',, .. 'A 1 i . i l■�+ 1 , ...;,.•,.! 1 i, lx .iy •e'1€1 #*+ , r ai ; ; fy M ,.. } • �l #,4i ;'# 1� ' T 7' "� , } } I 1 #1�'r'J�•.' � ." { }\*ti! # - ;i • • •r•'\•+vr)•.• .1--,L j r s. -,,-,• * - '•,- i•} ;* r`.i F *'. "/ I .}'M{ �y + + x M ■'I�'� 1 f �* y..I- _ ., _ , ...'• i ,: t * r •r"-} `•• f !T `:-$'y` *_ 'r r,,M E { by. C` 'k +�y`4' _ iY.) - ►I= .' ♦ -t1�, ~ ■ '*+ •! ;� 1. ` i*+� • .z!if. a }.i 1 t , L -y , 'i t • +,..-, 1`..a..,t• '''. -i, I,. F - ! - ! e • r �4 �,'yati i. .J `� 'i y "�' }� rl �i� . i'-' .f. •',‘,,: , •1 1-a 1 ' � ' .'I : i ' I. : t'r a-7 i ; t i + ,•,�'.�t�'- ;*, !?.'z}'.. _• Sample Photos i► - }l f y :‘'.....- :. . .:..gel ,...-,-,...,..- --..!•1::_.----ii: i ' ie... :-.."7,1;' i - A! Or.7.11 1.7.,A, ...,7 4,, , ..::it 7,!"..,...., ..'i'.... ...1.1.:• _ ek......, ,iiii:i7 +` r s• f a.+ - * NE * *_ • i"1 0 , , ,. • - E21r1 4/111% ' , � `r r { 4 #! _ i!} . +..—,,- .-1-_ •-•mot + , , -1 -`, r. ,1T#tl74_ _` r t ' -4i' y `- , .+.+- . •- -y'•}" •1 '•":1 '�,''r�r'�t ' }'_- ;+ i .� pi.• _xi' _, • - - . -- {ay} • 2r'" �Gy't.•!'� = : i , l'. t.'.'!�rTr,"-..#� ..".ii'`f=L }$' ti`--. :e' '-'.'=-*i.▪-_ •* ' - a 1-! !,': .z. • ,4 .J' ;1.,7F#!,'1',.J'` ,••.,,,, '-.t;+--,tJ#-:.." -'k'. :, • ,_ y I:,+'-,:- �,L , '•1 * '"It eL`1j:l'rt. .i-,i• ,i*~r.r„k.'' '.`i•:•- .*,• a •�• +'_1•1t�� .1 - --' . �+'..,•ems .�•�.'•, - -�}".+`i, � - �y - • • • _ • " ~}- ' �'J f • mot.- 1• ±,•_ , ,- i.... t• r' +r`- - - '-�* - ;`- 'r'. Ms #rL; } • + r y_L.I. ,fit- *S"ir F* `� 1 1,1 • 4 .ii - +y i '' ', .�, .,: -.. -0 .x ;1 'r "T�`yy"TT77##...77 r� 74;06'+'- `-+++}.r• ..L.'',S. —i 1 1f r� .r f1•+ ,' ' tf 11 #,y}� "w: kiii r �,-!#f I. �r -*� Icy #+`. :1*160111.92,:. i r- r•:*i # it +I.,r Fy�� . •. .�is+i ..i.4.,#tip• "T ze.: y±i+,*.r'Yr T T*Yt•,. ` �r . - . iii T1. . +?#r 4' �. - may #w ��• '.t.r ,�' r1 Y ;• - it .Y .* y #', .,fit r`+.r.* ..-: t . *# W i!-- - 7-:. .J *#�`r', �, -"'.� f + F'ti.l r' 4+L.. �..-.i fri,,,,,;i: a•rr.t,r' _s �t a. '•,-'{# + i '4 k.,,fiR { ' ' t* ..Rwr R 31"• ,.i .-i# 4 7-.! .+t, 4#{a y f..T• i.'N _r Y,."+`},'�.-.1 • +1 +' • -. .ff �.;;_ii ,;•:�T.#r-t *' yyt ;R `L"- fir* '• ,' .L" �x f-_*•1 ��,r��, ' �+� :'�' '_• ' am'* } `i, s `11 ' ' - r R} +t. ' nte;i;•:*T'I +;-} :r- ,�`" r .�+. 4'r i ' .. —----- -1.;".7'- li.--.r.-.''."7.:::;::.:2:'27-.:"..1::::2- 7-..`':":4hP.r1:-..:3'4.-:,..2.5.-:::::'-‘2- ,1,1--.,,1'1;.:.--.."7:„'...-. ..,:-....;_igiti-_,.:,-____.,...,F- .,... I ... rjZ.,,,. •,,i i•---...,"'-''.• —, '17'1— ..--..!'''-. •-- -.-----'---.'.' - t • . h ' "O.r .- r .- ••-• -..ri,. 'Jr It', '.-6•*•-• l'.'.i i.;.. �k r..i yy*#f' + 'F,.'k+' 4'). .# ,` 11 'F I. ! + -, \ 1* .* Y' t� 1,. '. - L' . � Tf+t���,•r;�}� * a�J rt L R• ��*��+ � i��;i #�{}��a;lf+{}- �r���j f..tii�"+fi'1.[y1,�L t-R.i•l,•'.}, I. ,.1‘r�.�� x▪'r•r♦•tL, # � # • �7 � TI-.;;repq4 �- r�4• �y ��F frS�'*� -�1y� Fy.t�G�j'. �j iFY �� � iF.k' Y# , i � +#xa r ,`S+ y''. (-1.4tb,V.10-• ,tIr .+i1+yy� i''y` ,4•,1rF !, *- r#' ;,r \~r• : } ,t. % • r#.� � ��iyi 1:i� id4tit2Y#'• { rf�* r k�l,7!.'•'t`.�'F�14 1'{_a f'r i ■rti� r +�� mow• r•• Y +.■i: . F �1 R�-_J" :rs+ : f S,'',4, • t r L. 1•' `i 4 +,.� +i �;:;i-±Y.'4 •, . r t'! '.■ ~ - 'i'1 1:r- icy. ... i. . fr1 r+r' ��' r k„Xf -. _'.rt =.. r+k i1� F _ '' ar'F ++*rM-tir ter.■•'�. r! .a.+ .+ y1 ll F•AP, Ylti� �Yf # C,R; •,. a.` . �rj+ ti rr Yti'R 11•!.. r. f .'fi r+t�� �' rr a. • 'R#� :. -. _ rt+-i � w+ir`da 3. ��y�,# R k.4�iFr ,,,f j 4 1' 4rf �� �[.�r it .��•7 � *.4 ti ++• .. r-f� f. wf'i ri+�41 # 1''}-_ ii '-':-1r+ "* �''r� -" � � `'"../• •i�' r �� ' *. ��}.•.•�' . 4- w .i , �1'r;:. ,. t .►•ky'':•,1w.;'f M '..Iji•F,''r,I 1�'...,i } i .4J`' r-.II: •. :fir J ;''• tea �t R...' *"�'� :. . rt " - - 'r 4, `ti.- ,,.., ,� 1 ,..,.'.I'T f*,i 5,*, .{ •T .�*� ++# 1▪ .Rt► +,.-R�'Lt-