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03-23-2004 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, March 23, 2004 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER; ;INVOCATION t&PLEI E l :ALLEGIANCE • Student Government Day,March 24, 2004 • Star Students—Character Trait of"Trustworthiness" CITIZENS 4RTIC ATIO CON ENT'; GEND All matters liste t under tote Consent`Age afire considered.to be routine by the Cay Cau ici!'and ll.be enacted by one motion►...`here► not be:se arate.;disegss n of.these ems. :i scuss on is desired,that:item will be removed irony the Conse xt Agen a a nd ll be co sidered sepia.rately. A. Approval of the Minutes from the Regular Meeting of March 9, 2004. B. Presentation of the Annual Report of Wylie Police Department Contact Data (Tier 1) for 2003 as required by the Texas Racial Profiling Law (S.B. No. 1074). C. Consider and act upon a Final Plat for the Birmingham Farms Phase 13B Addition, being all of a certain 65.323 acre tract of land, generally located east of Country Club Road (F.M. 1378) and south of Park Boulevard, as described in a Contract for Deed to Centex Homes, and being situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. D. Consider and act upon authorizing expenditures of excess funds from the Valentine gravity sewer project for upgrades to the Muddy Creek sewer lift station. ;I�T��YIl1LIA,L�© SITlT��N Tabled Item from 2-10-04 Motion to remove from table and: 1. Consider and act upon Council approval to filter the computers at the Smith Public Library. Executive Summary Staff researched six different filtering solutions and four of them have been researched since the February 10,2004 meeting. If Council votes to filter,staff recommends the product is IPRISM by St.Bernard software. This solution will allow staff to authenticate logins for patrons through library cards. Adults will have a choice between filtering and not filtering. Minors will be completely filtered to meet CIPA guidelines. This will resolve the issue of having to disable computers upon the requests of patrons. Staff researched DSL line costs and compared them to T-1 line costs. A T-1 line allows a outgoing/incoming speed of 1.54 and the speed is guaranteed. The DSL line available has an incoming speed of 1.5 and an outgoing speed of 384. The outgoing speed is obviously much slower.(Note:Adding a filter to the network will slow down the network.) Two DSL lines will cost$240 per month(with additional charges for taxes and fees) and a T-1 line costs approximately $800 a month. Initial setup costs for a DSL line will be $350. The Library was initially required to go with a T-1 line because of the$100,000 TIF(Telecommunications Infrastructure Fund)grant received in FY 2000. 75%affirmative vote of the Council to approve the request. (6 votes to approve) The Planning and Zoning Commission recommends denial of the request because the applicant has failed to demonstrate that no alternative sites are available which do not have such significant visual impact to the CBD. Because of the Commission's recommendation for denial,a 75%affirmative vote of the Council is required to approve the request. Public Hearing 6. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17 to Single-Family 8.5/17 with Special Use Permit for Amateur Radio Communications Tower, subject property being located at 1518 Windward Lane, and being Lot 24, Block 13 of Newport Harbor Addition, Phase II, City of Wylie, Collin County, Texas. (Zoning Case 2004-02). Executive Summary The applicant is requesting a Special Use Permit(SUP)in order to attach a tower to his existing single-family residence for the operation of an amateur radio station. The new tower will stand on an in-ground foundation and be attached to the rear wall of the two-story residence. The tower and antenna will be forty-five(45)feet high and will be tubular truss construction. The subject property was created in 1998 by the platting of the Newport Harbor Addition, and the subsequent construction of the applicant-owned single-family residence. At the time the residence was built the property was zoned Single Family-3 (SF-3)District, but the zoning was changed to Single Family-8.5/17 (SF-8.5/17) District in November of 2001 with the adoption of the City-wide revisions to the Zoning Ordinance and new Map. Both the previous and current Ordinances allow amateur radio transmission antennas within residential districts only with an approved Special Use Permit. Public Comment Forms were mailed to thirty-four(34)property owners within 200 feet of this request. Thirteen(13)Comment Forms, representing twelve(12)properties have been returned,eight opposing and five favoring the request. The negative responses by more than twenty (20) percent of the land within the notification area requires an affirmative vote of seventy-five (75)percent of the City Council in order to approve the request.(6 voting to approve) Staff recommends Approval. The reduced height of the tower,as well as operational controls by the FCC,sufficiently limit the potential for noxious influences on neighboring properties,and construction will comply fully with current code requirements. Public Hearing 7. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) District for Residential Uses of mixed densities, generally located east of McCreary Road, and east of Sage Creek Phase IV and south of McMillen Road, being all of a certain 45.125 acre tract of land as described in a deed to Perry Easterling, recorded in Volume 2258, Page 914 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. (Zoning Case 2004-03) Executive Summary The applicant is requesting rezoning of 45.125 acres in order to expand the existing Sage Creek Planned Development District(PD)for single-family residential uses. The property is currently undeveloped and is zoned Agriculture(A)District,as a temporary holding zone until appropriate urban uses can be established. Approximately one-half of the subject property is occupied by the 100-year floodplain and is therefore not developable. The existing Sage Creek single-family residential neighborhood borders the subject property on the west. The Sage Creek PD totals 145 acres and was developed in multiple phases. Minimum allowed lot and dwelling sizes within the existing Sage Creek range from 6,000 square foot lots with 50 foot frontages and 1,400 square foot houses in Phase V to 7,200 square foot lots with 60 foot widths and 1,600 square foot houses throughout the other phases. Public Comment Forms were mailed to thirty-nine(39)property owners within 200 feet of this request as required by State law. Two Comment Forms have been returned,representing three parcels,and all opposing the request. Staff recommends denial. WOR SESSION • Update on Collin County Bond Funds and FM 1378 2. Consider and act upon adopting Ordinance#2004-07 placing restrictions on the use and operation of motor assisted scooters. Executive Summary Several years ago the Texas Department of Public Safety adopted a rule that motorized scooters were to be considered motor vehicles and would have to be licensed and registered to be ridden on the street. This ruling from DPS effectively eliminated the riding of motorized scooters on streets. During the last legislative session the Texas Legislature passed a bill making it legal for motorized scooters to be driven on City Streets where the speed limit is 35 MPH or less. There is a provision in the bill for Cities to pass an ordinance outlawing motorized scooters from streets,alleys, sidewalks and hike and bike trails.Most Law Enforcement Agencies have supported restricting motorized scooters from streets for safety reasons. Since the law passed we have had two accidents in Wylie involving motorized scooters. Both cases involved young children(8 and 10 year old boys)exiting an alley onto a street and being struck by a car,in one case,and swerving into a parked vehicle to avoid a collision in the other case.Fortunately neither child involved was seriously injured. The proposed ordinance places restrictions on the operation of motorized scooters on streets,alleys and hike and bike trails(unless the bike trail has been designated to allow scooters). The proposed ordinance also mandates that all children under the age of 18 wear a helmet while operating a motorized scooter. The proposed ordinance does allow motorized scooters to be ridden on sidewalks and to cross streets at intersections. 3. Consider and act upon the adoption of Ordinance #2004-08 regulating the purchase and resale of regulated and unregulated property(Pawn Shops). Executive Summary The purpose of the proposed Pawn Shop Ordinance is to regulate pawn shops to assist law enforcement in detection of theft/burglary and recovery of stolen property. The Pawn Shop Ordinance requires pawnbrokers to keep specific and detailed information on property, which is pawned, and on the person pawning the property. The required records will make it easy for Wylie detectives to check stolen property against property recently pawned,and to identify suspects. The Wylie Police Department has made many cases and recovered a substantial amount of stolen property by watching for stolen property at local pawn shops. The proposed ordinance will simply ensure that we have all the information that we need when checking property at Wylie pawn shops. 4. Consider and act upon Ordinance#2004-09 amending Ordinances Nos. 78-17, 90-12, 95-1,99-36, and 2001-55 and Article IV, Section 110-168 of the Code of Ordinances, regulating speed limits in school zones. Executive Summary Several speed zones have been altered making it necessary to update the speed Zone Ordinance to reflect the changes. The City Staff and WISD Staff worked together to make several changes to existing school zones for this school year. Most of the changes were with respect to the time that a school zone starts and stops. Several school zone times were altered because school starting and ending times changed at various schools. Public Hearing 5. Hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC) to Commercial Corridor (CC) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being located at 713 Cooper Drive, and being part of Lot 3, Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004-01) Executive Summary The applicant is requesting a Special Use Permit (SUP) in order to install a Telecommunications Tower and Antennas on a leased portion of Lot 3,Block A of the Wylie Industrial Park,at 713 Cooper Drive. The property is currently zoned Commercial Corridor(CC) and such towers are allowed within the CC District only with an approved SUP. The installation is planned to comply with all requirements of the Zoning Ordinance, except that a height of 150 feet is requested rather than the maximum 120 feet allowed by the Ordinance although the applicant has offered to limit the height to the required 120 feet. The location is within Wylie's new Central Business District as proposed by the Comprehensive Plan, and visible from the major S.H. 78 and F.M. 544 intersection. Five of the property owners within the required notification area of 200 feet have provided written responses in opposition to the request,requiring a • In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open Meeting Act), Section 551. SS 55L072 Deliberation Regarding Real Property; Closed Meeting A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. • Discussion of Alanis Acquisition • Discussion of a sewer easement for Muddy Creek Outfall Sewer ADJOURNMENT , In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Mee ,va�Fste(tldsflljs 20th day of February,2004 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Te�. �o,cefnmedVCot that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of V it eb 'te at yriy c;`,><iv lie.tx.us e- = SEAL Carole Ehrlich, ity Secretary _— Date Notice Removed • •The Wylie Municipal Complex t.WJ2 otwitA,Ace s le`,Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by'tac4ip tl retary's office at 972/442-8100 or TD 972/442-8170. WYLIE CITY COUNCIL AGENDA ITEM NO. B. March 23, 2004 Issue Presentation of the Annual Report of Wylie Police Department Contact Data(Tier 1)for 2003 as required by the Texas Racial Profiling Law(S.B.No. 1074). Background In the 2001 legislative session,the State Legislature passed the Texas Racial Profiling Law(S. B. 1074). S.B. 1074 requires that law enforcement agencies keep and report certain racial profiling statistics. The Wylie Police Department is required to report Tier 1 data because our patrol vehicles are equipped with video equipment. Tier 1 data consists of information relating to traffic stops in which a citation is issued and to arrests from those traffic stops,including information relating to: (A) The race or ethnicity of the individual detained; (B) Whether a search was conducted and,if so,whether the person detained consented to the search. The law requires we submit an annual report of the data collected to our governing body. The law further states, that the data collected by the agency does not constitute prima facie evidence of racial profiling. The Wylie Police Department has complied with all requirements of S.B. 1074 The Wylie Police Department Contact Data:Annual Report(2003)has been forwarded to all Wylie City Council members well in advance for review. No action is required by the Wylie City Council. Financial Considerations None Other Considerations None Board/Commission Recommendations NA Staff Recommendations No action required Council has received the Wylie Police Department Contact Data(Tier 1)for 2003 previously,for their review. Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. C. March 23, 2004 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 13B Addition, being all of a certain 65.323 acre tract of land, generally located east of Country Club Road(F.M. 1378)and south of Park Boulevard, as described in a Contract for Deed to Centex Homes, and being situated in the C. Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas Background The Final Plat under consideration is for the Birmingham Farms Phase 13B Addition. The property includes 65.323 acres and will create 164 single-family residential lots and 3 common areas/open spaces to be owned and maintained by the Homeowners Association. The subject property is the second phase of the larger Birmingham Farms Planned Development(PD 2002-39)which generally conforms to the requirements of the Single Family 10/19 District except for the minimum dwelling size. The PD waives the required alleys and park land dedication. The Development Plan approved by the City Council as part of the original Planned Development (PD 2002-39) on September 24, 2002 serves as an approved Preliminary Plat. The approved Development Conditions of the PD provide special requirements as a substitute for the normal requirements of the Zoning Ordinance, and the proposed Plat complies with these regulations. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved with that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Development Plan and Development Conditions of the Planned Development PD 2002-39 and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. The right-of-way for the widening of Park Boulevard will be dedicated by this plat. However, as provided in the PD, no infrastructure (street, water, sanitary sewer or storm sewer) will be required to be constructed on the perimeter of this Planned Development District. Prior to the issuance of a residential Certificate of Occupancy within Phase 13A,the developer and/or owner of the property will be required to construct a bridge sufficient to carry 3 lanes of traffic and a 4 foot wide pedestrian walkway on Park Boulevard to the northwest of the subject property. 3. No alleys are required. 4. As provided by the PD, park dedication fees shall be waived provided comparable funds are used for park improvements within or adjacent to the platted area. However, no plans or value for such improvements have as yet been provided for consideration by the City staff and Park Board, and all park improvements must be in place and accepted by the City prior to acceptance of other infrastructure and filing the Final Plat. The staff of the Park Department has indicated that they may require that the Common Area adjacent to the floodplain(Lot 29, Block A)be dedicated to the City as open space land rather than to the HOA, because it is likely that the public trail will be located within this area and this can be revised prior to the City signing the plat for filing. Board/Commission Recommendations On March 2, 2004, the Planning and Zoning Commission voted 6-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. D. March 23, 2004 Issue Consider and act upon authorizing expenditures of excess funds from the Valentine gravity sewer project for upgrades to the Muddy Creek sewer lift station. Background The Muddy Creek lift station located just south of SH 78 at Alanis was constructed in 1988 and consists of three submersible pumps and an 8-inch force main. The lift station transfers sewer to the wastewater treatment plant (WWTP) from the western portion of the City of Wylie as well as the excess flow from the City of Murphy. An additional 10-inch force main is necessary to increase the capacity of the station to meet the current demands. The lift station will be taken out of service in approximately 12 months when the new WWTP is completed. The current capacity of the lift station is approximately 1,000 gallons per minute (gpm) and the installation of the new force main will increase the capacity to approximately 1,700 gpm or an additional one million gallons per day. The pipe material will be ordered by the City and a contractor will be hired for the installation of the pipe. Financial Considerations The FY 2004 utility budget included $90,000 for the replacement of the Valentine Creek sewer line and a change order was issued to Rycon, Inc. in the amount of$50,210 for the project. Funds available for the Muddy Creek project are $39,790. Project Cost 2,800' 10-inch PVC $19,500 Installation ($4/ft.) $11,200 Miscellaneous (tie-ins, fittings, etc.) $5,000 Total $35,700 Other Considerations N/A Staff Recommendations Staff recommends approval of the expenditures for the improvements to the Muddy Creek lift station. Attachments Display Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 1. March 23, 2004 Issue Consider and act upon Council approval to filter the computers at the Smith Public Library. Background The Children's Internet Protection Act(CIPA) and the Neighborhood Children's Internet Protection Act(NCIPA) passed Congress in December of 2000.Both were part of a large federal appropriations measure(PL 106-554). The Federal Communications Commission released its regulations for CIPA and NCIPA on April 5,2001. In March 2001 several groups,including the American Library Association(ALA)and the American Civil Liberties Union(ACLU), filed suit to prevent the enforcement of CIPA's filtering requirement in public libraries. A trial was held in March 2002 in federal district court in Philadelphia. On May 31,2002 the CIPA filtering mandate for public libraries was declared unconstitutional on first amendment grounds by the district court. The U.S.Justice Department appealed the district court's decision to the U.S. Supreme Court. On June 23,2003,the Supreme Court announced its decision to overturn the May 2002 decision and uphold the Children's Internet Protection Act(CIPA). Libraries have considerable authority over defining a filter's effectiveness:local policies should reflect this authority. Libraries must make their patrons aware of limitations in filter technology regarding the blocking of images defined in CIPA. (Note: the limitations are clearly stated in the policy.) The FCC presumes that Congress did not intend to penalize schools or libraries that act in good faith to implement filters. The FCC notes that failure to comply with the laws requirements `could also engender concern among library patrons and parents of students at the school.We believe that schools and libraries will act appropriately in order to avoid such outcomes.'In other words,the FCC will rely,in part,on community concern to serve as one mechanism to enforce compliance. There may still be instances in which a patron claims the library is in violation of CIPA(e.g.,too many banned images get through the filter).Any such complaints should be dealt with following the library's regularly established policies and procedures. While CIPA itself has no language authorizing citizens to initiate a legal action against the library, nothing precludes a citizen from doing so as an 'as-applied challenge.' If a library is ultimately found not in compliance,the FCC can require that it forfeit its E-rate discount for the time it was out of compliance. Staff researched six different filtering solutions and four of them have been researched since the February 10,2004 meeting. If Council votes to filter,staff recommends the product is IPRISM by St.Bernard software. This solution will allow staff to authenticate logins for patrons. Adults will have a choice between filtering and not filtering. Minors will be completely filtered to meet CIPA guidelines. This will resolve the issue of having to disable computers upon the requests of patrons. Staff researched DSL line costs and compared them to T-1 line costs. A T-1 line allows an outgoing/incoming speed of 1.54 and the speed is guaranteed. The DSL line available has an outgoing speed of 1.5 and an incoming speed of 384. The incoming speed is obviously much slower.(Adding a filter to the network will slow down the network.) Two DSL lines will cost$240(with additional charges for taxes and fees)and a T-1 line costs approximately$800 a month. Initial setup costs for a DSL line will be $350. The Library was initially required to go with a T-1 line because of the$100, 000 TIF (Telecommunications Infrastructure Fund)grant received in FY 2000. If Council votes to replace the T-1 line with a DSL line,it will not be cost effective to apply for ERATE discounts due to the staff time required for forms and administration. Other Considerations An Internet Use Policy for filtering the Library has been written by staff and has been reviewed by the City Attorney and will go to the Library Advisory Board for recommendation for approval by Council,in the event that filtering is approved. Financial Consideration The Library receives $3500 in discounts from the ERATE for the T-1 line. The initial cost for the filter is$3000 and the ongoing costs are$1165 a year. Staff researched DSL line costs and compared them to T-1 line costs. A T-1 line allows a outgoing/incoming speed of 1.54 and the speed is guaranteed. The DSL line available has an incoming speed of 1.5 and an outgoing speed of 384. The outgoing speed is obviously much slower. (Note: Adding a filter to the network will slow down the network.) Two DSL lines will cost $240 per month (with additional charges for taxes and fees) and a T-1 line costs approximately$800 a month. Initial setup costs for a DSL line will be$350. The Library was initially required to go with a T-1 line because of the$100,000 TIF(Telecommunications Infrastructure Fund)grant received in FY 2000. Staff recommends the installation of two DSL lines to get the equivalent speed of the T-1 line and save approximately $400 a month. According to Paul Wilson,technical consultant,the connection can go straight to Verizon which will allow the Library to avoid charges from the ISP. This will not affect the usage of the city's email. Board/Commission Recommendation The Board voted in a tie(3-3)on January 19th on the filtering issue. Staff Recommendation N/A Prepared by Reviewed by Finance City Manager Approval EXECUTIVE SUMMARY Staff researched six different filtering solutions and four of them have been researched since the February 10, 2004 meeting. If Council votes to filter, staff recommends the product is (PRISM by St. Bernard software. This solution will allow staff to authenticate logins for patrons through library cards. Adults will have a choice between filtering and not filtering. Minors will be completely filtered to meet CIPA guidelines. This will resolve the issue of having to disable computers upon the requests of patrons. Staff researched DSL line costs and compared them to T-1 line costs. A T-1 line allows a outgoing/incoming speed of 1.54 and the speed is guaranteed. The DSL line available has an incoming speed of 1.5 and an outgoing speed of 384. The outgoing speed is obviously much slower. (Note: Adding a filter to the network will slow down the network.) Two DSL lines will cost $240 per month (with additional charges for taxes and fees) and a T-1 line costs approximately $800 a month. Initial setup costs for a DSL line will be $350. The Library was initially required to go with a T-1 line because of the $100,000 TIF (Telecommunications Infrastructure Fund) grant received in FY 2000. WYLIE CITY COUNCIL AGENDA ITEM NO. 2. March 23, 2004 Issue Consider and act upon adopting Ordinance #2004-07 placing restrictions on the use and operation of motor assisted scooters. Background Several years ago the Texas Department of Public Safety adopted a rule that motorized scooters were to be considered motor vehicles and would have to be licensed and registered to be ridden on the street. This ruling from DPS effectively eliminated the riding of motorized scooters on streets. During the last legislative session the Texas Legislature passed a bill making it legal for motorized scooters to be driven on City Streets where the speed limit is 35 MPH or less. There is a provision in the bill for Cities to pass an ordinance outlawing motorized scooters from streets, alleys, sidewalks and hike and bike trails. Many Cities have passed ordinances outlawing motorized scooters from various places. Some of the ordinances passed have been very restrictive, some Cities have elected not to pass an ordinance and just go by State law. The most restrictive ordinances have met some resistance from citizens who have purchased the scooters for their children and want them to be able to use them for transportation. Most Law Enforcement Agencies have supported restricting motorized scooters from streets for safety reasons. The scooters can go up to 20 MPH and are mostly ridden by children. Kids on scooters are often difficult to see and don't have the experience to be good decision makers. Since the law passed we have had two accidents in Wylie involving motorized scooters. Both cases involved young children(8 and 10 year old boys)exiting an alley onto a street and being struck by a car, in one case, and swerving into a parked vehicle to avoid a collision in the other case.Fortunately neither child involved was seriously injured. WISD does not allow motorized scooters on campuses. The proposed ordinance attempts to strike a balance between safety concerns and allowing the motorized scooters to be used for transportation. The proposed ordinance prohibits the operation of motorized scooters on streets, alleys and hike and bike trails for children under the age of 18 (unless the bike trail has been designated to allow scooters). The proposed ordinance also mandates that all children under the age of 18 wear a helmet while operating a motorized scooter. The proposed ordinance does allow motorized scooters to be ridden by children on sidewalks and to cross streets at intersections. The proposed ordinance does establish penalties for violations. The ordinance does require the Municipal Judge to dismiss(first offense)helmet violations if the defendant acquires a helmet within 10 days of the violation. Financial Considerations None Other Considerations The proposed ordinance has been reviewed by staff and by the City Attorney. Board/Commission Recommendations NA Staff Recommendations Adopt the proposed Motorized Scooter Ordinance. Attachments Proposed Ordinance#2004-07 Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-07 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PLACING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, HIGHWAYS, PATHS AND ALLEYS; PROVIDING FOR A PENALTY FOR ADULTS, PARENTS AND CHILDREN FOR THE USE OF A MOTOR ASSISTED SCOOTER IN A RESTRICTED OR PROHIBITED AREA; REQUIRING THAT CHILDREN WEAR A PROTECTIVE HELMET WHILE OPERATING OR RIDING A MOTOR ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR PARENTS AND CHILDREN FOR FAILURE OF CHILD TO WEAR A HELMET; PROVIDING A REPEALING, SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie ("City Council") has determined that restriction of the use and operation of motor assisted scooters on the streets, highways, alleys, paths and trails within the City of Wylie ("Wylie" or "City") is necessary in the interest of safety; and WHEREAS, City Council has determined that requiring children to wear helmets while operating or riding a motor assisted scooter is necessary in the interest of safety; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain pathways and resulting from children failing to wear helmets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Definitions. Adult means any individual eighteen (18) years of age or older. Child means any individual under eighteen (18) years of age. Helmet means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Ordinance#2004-07 MOTOR ASSISTED SCOOTER ORDINANCE Page 1 Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Motor assisted scooter shall have the same meaning assigned by Texas Transportation Code Section 551.301(2), as it exists or may be amended, and includes a self-propelled device with at least two wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child. Public way or Public property means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. Wearing a helmet means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. SECTION 3: Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for Violation. A. Restrictions and Prohibitions on Locations of Use. (1) It is unlawful for any child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter in a restricted or prohibited area. (4) It is unlawful for any adult to operate or ride a motor assisted scooter on any public way or public property for which the posted speed limit is more than thirty-five (35) miles per hour. The motor assisted scooter may cross a road or a street at an intersection where the road or street to be crossed has a posted speed of thirty-five (35) miles per hour or less. Ordinance#2004-07 MOTOR ASSISTED SCOOTER ORDINANCE Page 2 B. Penalty. (1) A person who violates any provision of Section 3.A., above, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding five hundred dollars ($500.00). (2) The purpose of this Section 3 is to promote safety and discourage the use of motor assisted scooters in unsafe areas. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. SECTION 4: Helmets Required/Penalty for Failure to Wear Helmet. A. Helmet Required. (1) It is unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter without wearing a helmet. (4) It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense. B. Penalty. (1) A person who violates any provision of Section 4.A., above, requiring helmets, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding fifty dollars ($50.00) upon the first conviction and an amount not exceeding one hundred dollars ($100.00) upon the second and each subsequent conviction. (2) The municipal court shall dismiss a charge against a child and/or parent for a first offense under Section 4.A. upon receiving proof that: i. The defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Section 4.A.; and ii. The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation. (3) If the charge against a person is dismissed under subsection B.(2), a later conviction for a violation of Section 4.A. shall be considered a second or subsequent conviction for purposes of subsection B.(1). (4) The purpose of this Section 4 is to promote safety and encourage the use of helmets. The courts may consider deferred dispositions under the Texas Ordinance#2004-07 MOTOR ASSISTED SCOOTER ORDINANCE Page 3 Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause, phrase or word 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 7: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as set forth herein. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 23rd day of March, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary DATE OFPZBLI( TIOV:_llar^cI, 31, 2004, in the Wylie News. Ordinance#2004-07 MOTOR ASSISTED SCOOTER ORDINANCE Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. I March 23, 2004 Issue Consider and act upon the adoption of Ordinance#2004-08 regulating the purchase and resale of regulated and unregulated property(Pawn Shops). Background The purpose of the proposed Pawn Shop Ordinance it to regulate pawn shops to assist law enforcement in detection of theft/burglary and recovery of stolen property. The Pawn Shop Ordinance requires pawnbrokers to keep specific and detailed information on property,which is pawned,and on the person pawning the property. The required records will make it easy for Wylie detectives to check stolen property against property recently pawned, and to identify suspects. The Wylie Police Department has made many cases and recovered a substantial amount of stolen property by watching for stolen property at local pawn shops. The proposed ordinance will simply ensure that we have all the information that we need when checking property at Wylie Pawn Shops. Pawn Shops are typically very cooperative with Law-Enforcement in this effort,and normally have no objection to such ordinances. Most pawn shops keep this information anyway. The proposed ordinance also requires that any pawned property not be re-sold for 10 days after it has been pawned. This aspect of the ordinance is to ensure that the Police Department has an opportunity to inspect the property. Pawn Shops are currently not regulated by a State Agency, which makes it important to have a local pawn shop ordinance in place. Most cities that have pawn shops also have a pawnshop ordinance similar to the ordinance we are proposing. Financial Considerations None Other Considerations The City Attorney has reviewed the proposed ordinance. Board/Commission Recommendations NA Staff Recommendations Pass the proposed Pawn Shop Ordinance. Attachments Proposed Ordinance#2004-08 Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-08 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING REGULATIONS FOR PURCHASE AND SALE OF UNREGULATED PROPERTY; PROVIDING DEFINITIONS AND REGULATIONS FOR BUSINESSES DEALING IN THE PURCHASE AND RESALE OF REGULATED PROPERTY(PAWN SHOP); PROVIDING FORA PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas("City Council")has investigated and determined that there has been a prolific increase in the buying and selling of stolen property through currently unregulated businesses; and WHEREAS, the City Council has further investigated and finds that the purchase and resale of certain regulated property by currently unregulated businesses creates a ready market for stolen goods; and WHEREAS, the City Council has further investigated and finds that local law enforcement needs to have accessible to it available records of property to determine origin and destination of the property which may be stolen goods; and WHEREAS, the City Council now finds and determines that regulations for currently unregulated businesses dealing in the purchase and resale of regulated property are necessary in order to eliminate the market for stolen goods and to augment the ability of the City of Wylie, Texas ("Wylie")Police Department in recovering stolen property and apprehending those persons engaged in dealing in stolen property; and WHEREAS, the City Council further finds and determines that such regulation of currently unregulated businesses serves to protect the safety of citizen's property and is in the best interest of Wylie and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: DEFINITIONS. The following words,terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Ordinance#2004-08 ORDINANCE ESTABLISHING REGULATIONS FOR UNREGULATED BUSINESSES(PAWN SHOPS) Page 1 Authorized vendor means a commercial supplier who deals in the wholesale distribution of regulated property in the ordinary course of business. Business day means any calendar day or portion thereof during which a dealer has the business open and is conducting business with the public. Business machines means and includes, but is not limited to, a typewriter, adding machine, check-writing device, cash register, calculator, addressing machine, letter-sorting or folding device, an item of recording, copying or accounting equipment. The term does not include office furniture or fixtures. Crafted precious metals means and includes, but is not limited to,jewelry, silverware, art objects, or any other thing or object made, in whole or in part, from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or their alloys. The term does not include crafted precious metals when used by licensed dental and/or medical professionals. Dealer means a person who buys regulated property for the purpose of resale. Dealer shall include the owner or operator of a business. Jewelry means ornaments made of precious or semi-precious metals and/or set with gems, including, but not limited to, gems removed from a mounting. Manufacturer means the person, enterprise, or entity that produces the regulated property. Peace Officer means a sheriff or deputy, constable or deputy constable, sworn police officer commissioned by the City of Wylie, or rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety. Personal identification card means an identification card issued by the Texas Department of Public Safety under section 521.101 of the Texas Transportation Code, as amended. Power tools means any tool or piece of equipment that is powered by electricity, batteries,or fuel of any kind, including, but not limited to, pneumatic equipment. Purchase means a transaction in which a person takes title to regulated property in exchange for valuable consideration. Regulated property means any new or used: a. electronic equipment; b. business machines; c. photographic equipment; d. power tools; e. musical instruments; Ordinance#2004-08 ORDINANCE ESTABLISHING REGULATIONS FOR UNREGULATED BUSINESSES(PAWN SHOPS) Page 2 f. firearms; g. jewelry; h. crafted precious metals; i. compact discs and cassette tapes; or j. recreational sporting goods and equipment. SECTION 3: REGULATED PROPERTY PURCHASES; RECORDS. A dealer who purchases regulated property for the purpose of resale shall: A. Keep a sales record which indicates the manufacturer or authorized vendor from which the regulated property was purchased and a description of the property purchased, including, but not limited to, the make, model, serial number, color, and size. B. If the regulated property was purchased from a person or entity other than a manufacturer or authorized vendor, the dealer shall: 1. At the time of purchase, record, in a legible manner, the time and date of purchase, the name, sex, race, date of birth, height, address, driver's license number or personal identification card number of the seller, a description of the regulated property purchased, including the make, model, manufacturer, serial number, color and size, and the price paid or other consideration exchanged for the regulated property purchased; 2. At the time of purchase, determine that the photograph on the driver's license or personal identification card is a photograph of the seller, and make and retain a photocopy of the driver's license or personal identification card; 3. At the time of purchase, have the seller sign a written statement provided by the dealer that states that the person is the legal owner of, or is lawfully entitled to sell, the regulated property offered for sale; 4. Retain possession of the regulated property purchased and withhold the property from resale for ten(10)business days unless, at the time of sale, the dealer obtains the name, address, and description of the buyer of the regulated property and retains such information for inspection by a police officer; 5. Make the purchased regulated property available for inspection by any police officer during regular business hours while the regulated property is in the dealer's possession; and Ordinance#2004-08 ORDINANCE ESTABLISHING REGULATIONS FOR UNREGULATED BUSINESSES(PAWN SHOPS) Page 3 6. Cause: a. Each lot, sack, barrel, box or other container of regulated property purchased to be kept intact and have written or stamped in a conspicuous place either on the container thereof or, if no container, tagged to each individual article or item, the serial number of the report made as set out in Subparagraph B.1 of this Section, which number shall at all times be kept plain and legible; and b. Each article or item purchased to be kept intact and have attached thereto on the container thereof or, if no container, on the individual article or item, the serial number of the report made as set out in Subparagraph B.1 of this Section, which number shall at all times be kept plain and legible. C. Maintain on file the information required by Subparagraphs A and B for two (2) years from the date of purchase or until the item is sold, whichever occurs later. This file shall be maintained at the dealer's place of business and shall be made available for inspection by any police officer during regular business hours. SECTION 4: OFFENSES. A dealer commits an offense if he intentionally or knowingly: A. Violates any provision contained in Section 3 of this Ordinance. B. Fails to retain possession of regulated property and/or withhold the regulated property from resale for ten(10)business days unless, at the time of sale,the dealer obtains the name, address, and description of the buyer or the regulated property and retains such information for inspection by a police officer. C. Offers for sale or sells regulated property purchased for release for which he does not have: 1. A sales record indicating the manufacturer or authorized vendor from which it was purchased and a description of the regulated property purchased, including, but not limited to, the make, model, serial number, color and size; 2. A record of the name, sex, race, date of birth, height, address, and driver's license or personal identification card number of the seller from whom he purchased the regulated property; 3. A written statement signed by the seller that the seller is the legal owner of,or is lawfully entitled to sell, the regulated property offered for sale; or Ordinance#2004-08 ORDINANCE ESTABLISHING REGULATIONS FOR UNREGULATED BUSINESSES(PAWN SHOPS) Page 4 4. A record of the person to whom he sells the regulated property, including Subparagraphs C.1, C.2, and C.3 of this Section, and the price paid or other consideration exchanged for the regulated property purchased and/or sold. D. Fails or refuses to produce for inspection by a police officer when requested at a reasonable time: 1. The original and/or copies of records required by Section 3 of this Ordinance with respect to a particular item or regulated property; or 2. The regulated property to which the record required by Section 3 of this Ordinance relates. E. Purchases for resale, offers for sale, or sells regulated property which has had the manufacturer's identification number or any other identifying mark removed,defaced, or altered. SECTION 5: EXEMPTIONS. The following types of property are exempt from the provisions of the foregoing sections concerning record keeping requirements for regulated property purchases: A. Regulated property that is donated to a non-profit/charitable organization; B. Regulated property that is sold and/or purchased at a judicially ordered sale or estate sale; or C. Regulated property that is sold by federal, state, or local governments. SECTION 6: PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: SAVINGS/REPEALING CLAUSE. 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 violation if occurring prior to the repeal ofthe ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: 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 Ordinance#2004-08 ORDINANCE ESTABLISHING REGULATIONS FOR UNREGULATED BUSINESSES(PAWN SHOPS) Page 5 effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 9: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 23rd day of March, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary DATE OFPLBLIC4TIOY:March 30,2004 in the Wylie News. Ordinance#2004-08 ORDINANCE ESTABLISHING REGULATIONS FOR UNREGULATED BUSINESSES(PAWN SHOPS) Page 6 WYLIE CITY COUNCIL AGENDA ITEM NO. 4. March 23, 2004 Issue Consider and act upon Ordinance#2004-09 amending Ordinances Nos. 78-17, 90-12, 95-1, 99-36, and 2001-55 and Article IV, Section 110-168 of the Code of Ordinances, regulating speed limits in school zones. Background Several speed zones have been altered making it necessary to update the Speed Zone Ordinance to reflect the changes. The City Staff and WISD Staff worked together to make several changes to existing school zones for this school year. Most of the changes were with respect to the time that a school zone starts and stops. Several school zone times were altered because of changes in starting and ending times at various schools. Two school zones were extended for safety reasons and a school zone was added for the new Junior High School. The School Zone Ordinance revisions simply reflect these changes. Financial Considerations None Other Considerations The City Attorney has reviewed the revised School zone Ordinance. Board/Commission Recommendations N/A Staff Recommendations Adopt the revised School Zone Ordinance. Attachments Proposed revised School Zone Ordinance Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-09 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NOS. 78-17, 90-12, 95-1, 99-36 AND 2001-55 AND ARTICLE IV, SECTION 110-168 OF THE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FORA PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), finds it necessary to amend Ordinance Nos. 78-17, 90-12, 95-1, 99-36 and 2001-55 and Article IV, Section 110-168 of the Code of Ordinances to coordinate with the change in school attendance times and to establish maximum speed limits within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City of Wylie, Texas(the"City"), and in the immediate vicinity of school areas, during periods of time when the schools are in session and school children are going to and from schools and playgrounds; and WHEREAS,the City Council finds that it is necessary for the protection and safety of pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the overtaking and passing of motor vehicles within the school zone; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Ordinance Nos. 78-17, 90-12, 95-1, 99-36 and 2001-55 and Article IV, Section 110-168 of the Code of Ordinances as set forth below. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: AMENDMENT TO WYLIE ORDINANCE NOS.78-17,90-12,95-1,99-36 AND 2001-55 AND ARTICLE IV, SECTION 110-168 OF THE CODE OF ORDINANCES. Wylie Ordinance Nos. 78-17, 90-12, 95-1, 99-36 and 2001-55 and Article IV, Section 110-168 of the Code of Ordinances are hereby amended as follows: Ordinance#2004-09 Ordinance amending nos. 78-17,90-12,95-1,99-36 and 2001-55 and rticle iv,Section 110-168 of the Code of Ordinances(School Zones) Page 1 School Zones a) Vehicle speed and operation generally: It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within the City during the hours indicated upon signs erected in such zone, or whenever children are present in such zones,or when such zones have an alternating flashing light in operation. b) Speed limits: The following prima facie maximum speed limits hereafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway, or parts of the main street or highway, and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the City in excess of the speeds set forth as follows: 1) Twenty(20)miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:45 p.m. to 3:45 p.m., on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of the point of its intersection with Rustic Trail to a point three hundred sixty feet(360')east ofthe point of its intersection with Westgate Way. b. On Birmingham Street from the point of its intersection with Williams Street,one hundred fifty feet (150') south to the point of its intersection with West Stone Road. c. On Kirby Street from a point two hundred feet(200') east of the point of its intersection with Memorial Drive to the point of its intersection with Birmingham Street. d. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. e. On Lanwood Drive from a point five hundred twenty five feet (525') north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Drive. f On Heatherwood Drive from its intersection with Lanwood Drive to 250 ft. west of intersection with Castlewood Drive. g. On W.A. Allen Boulevard from a point five hundred fifty feet(550')north of the point of its intersection with Springwood Lane to a point two-tenths(2/10) of a mile south to the intersection of Stone Road. h. On Stone Road from a point four hundred feet(400')west of the point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. i. On Lanwood Drive west to Castlewood Drive. j. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. k. On Heatherwood Drive, south two hundred fifty feet (250') to the intersection of Bentwood Drive. 1. On McMillen Road from the intersection of Country Club Road, west one hundred fifty feet (150'). Ordinance#2004-09 Ordinance amending nos. 78-17,90-12,95-1,99-36 and 2001-55 and rticle iv,Section 110-168 of the Code of Ordinances(School Zones) Page 2 m. On Park Boulevard from the intersection of Country Club Road, east to the intersection of Cheyenne Road. n. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet(150')north of the intersection of Tuscalosa Drive. o. On Tuscalosa Drive from the intersection of Cheyenne Road, east five hundred feet (500'). p. On McCreary Road from the intersection of Riverway Lane, south one thousand feet (1000'). q. On McCreary Road from the intersection of Riverway Lane, north one thousand feet (1000'). r. On Riverway Lane from McCreary Road, east two-tenths(2/10)of a mile to one hundred feet (100') west of the intersection of Meandering Drive. s. On Appalachian Drive from the intersection of Riverway Lane, south one hundred fifty feet (150'). t. On Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet (150'). u. On Park Boulevard from the intersection of Westgate Way, west one thousand feet (1000'). v. On Westgate Way from the intersection of Park Boulevard, south one hundred fifty feet (150'). 2) Twenty-five(25)miles per hour between the hours of 7:15 a.m. to 8:00 a.m. and 3:00 p.m.to 3:30 p.m., on school days, on State Highway 78 from the point of its intersection with Jackson Street to a point five hundred fifty-five feet (555') south of the point of its intersection with Birmingham Street. 3) Thirty(30)miles per hour between the hours of 8:00 a.m. to 9:00 a.m. and 3:30 p.m. to 4:15 p.m., on school days, on the following streets: a. On FM 544 from the intersection of Country Club, east one thousand feet (1000'). b. On FM 544 from the intersection of Country Club, west one thousand feet (1000'). 4) Thirty-five(35)miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:45 p.m. to 3:30 p.m., on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet (500'). b. On Country Club Road from the intersection of Park Boulevard, north one thousand feet (1000'). 5) Twenty(20)miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 3:00 p.m.to 4:15 p.m., on school days, on the following streets: Ordinance#2004-09 Ordinance amending nos. 78-17,90-12,95-1,99-36 and 2001-55 and rticle iv,Section 110-168 of the Code of Ordinances(School Zones) Page 3 a. On Stone Road from the intersection of Ballard Street, east to one hundred feet (100') west of the intersection of John Akin Lane. b. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. c. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. d. On West Stone Road from the intersection of Birmingham, east to Ballard Street. e. On Ballard Street from the intersection of Stone Road, south to two hundred feet(200') north of the intersection of Stoneybrook Drive. The speed limits contained in this section shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices,as amended, promulgated by the state department of transportation. The city manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs. SECTION 3: PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: SAVINGS/REPEALING CLAUSE. Wylie Ordinance Nos. 78-17, 90- 12, 95-1 99-36 and 2001-55 and Article IV, Section 110-168 of the Code of Ordinances 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 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 hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Ordinance#2004-09 Ordinance amending nos. 78-17,90-12,95-1,99-36 and 2001-55 and rticle iv,Section 110-168 of the Code of Ordinances(School Zones) Page 4 SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 23rd day of March, 2004. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH, City Secretary Date of publication in The Ti Vie X ews-March 30,2004 Ordinance#2004-09 Ordinance amending nos. 78-17,90-12,95-1,99-36 and 2001-55 and rticle iv,Section 110-168 of the Code of Ordinances(School Zones) Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. 5. March 23, 2004 Issue Hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC) to Commercial Corridor(CC)with Special Use Permit(SUP)for a Telecommunications Tower, subject property being located at 713 Cooper Drive, and being part of Lot 3,Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004-01) Background The subject property was created in 1972 as Lot 3, Block A of the Wylie Industrial Park Addition. The entire lot totals 22,769 square feet or 0.523 acre in size, and is currently vacant. Prior to the Citywide revision of the Zoning Ordinance and Map in November of 2001, the property was zoned Industrial (I), and Microwave Towers were allowed by right. It is currently zoned Corridor Commercial (CC) District, and Telecommunications Microwave Towers are allowed within the CC District only with an approved Special Use Permit (SUP). The applicant is leasing 625 square feet (0.014 acre) at the rear of the lot, as well as an access easement to Cooper Drive,for the location of the telecommunications tower and equipment for commercial purposes. No use has been announced for the remainder of the lot. An existing utility easement abuts the subject tower location along the south side, in which are located underground sanitary sewer lines and overhead electric lines. The remainder of the subject lot will not be developed immediately, but is of sufficient size to accommodate many of the retail and office uses allowed within the Corridor Commercial District. The proposed telecommunications facility will be enclosed by an eight(8)foot high masonry wall. The tower will be a tapered monolithic pole, 150 feet in height, with no supporting guy wires. Electrical and telecommunications equipment will be located within a metal cabinet within the walled compound. All transmission and service wiring will be located underground, entering the compound from utility easements to the west and north. A paved drive and parking, within an easement, will provide access between the facility and Cooper Drive. Neighboring properties are zoned for Corridor Commercial uses. The abutting property to the east is occupied by an older masonry building and the property to the north across Cooper is occupied by a metal building,both constructed under the previous Industrial criteria. The new Walgreens building occupies the abutting lot to the south, and a drainage easement separates the two parcels. Further to the southeast is the site of the new Auto Zone retail store now under construction. Section 5.4 of the Zoning Ordinance allows consideration of a Special Use Permit(SUP)for certain uses within certain districts as a means to more carefully and specifically evaluate the effects of certain uses on surrounding properties or when necessary to establish for such uses in such locations any special conditions of development and/or operation necessary to insure that the use is more compatible and consistent with the character of adjacent properties than that use may be normally in other locations. An SUP does not change the zoning of the land but overlays the existing zoning with site- and project-specific additional uses and regulations. The Planning and Zoning Commission and the City Council shall evaluate a request for an SUP to determine its probable effect on adjacent properties and the community as a whole, and may impose any reasonable conditions for the granting of an SUP. The Zoning Ordinance requires such special regulations in many cases. Failure at any time to comply fully with the approved conditions of the SUP, whether as generally stated within the Ordinance or as special Conditions for a given site, will result in the revocation of the SUP and cancellation of the Certificate of Occupancy. Section 5.2.G.14 of the Zoning Ordinance(see attached)requires an approved Special Use Permit(SUP)for the construction and operation of Telecommunications Towers and Antennas and specifies requirements with which all such towers must comply. The Ordinance encourages towers to accommodate the antennas and operations of several communications providers, and regulates their location and construction to minimize visual impact on residential districts and public rights-of-way. The towers must be of a monopole construction and shall not exceed one hundred twenty(120)feet in height, and ground-level equipment must be screened by a masonry wall. Construction and operation must be in compliance with current requirements of the Federal Communications Commission which ultimately regulates such towers and antennas. The Commission may make the SUP subject to any special conditions deemed appropriate for this particular site and operation. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. Public Comment Forms were mailed to twelve(12)property owners within 200 feet of this request. Four (4)Comment Forms have been returned representing eight(8)parcels within the notification area,three(3) favoring and five(5) opposing the request. This negative response of twenty(20) percent or more of the land within the notification area requires an affirmative vote of seventy-five(75)percent ofthe City Council in order to approve the request. 2. The applicant has requested that the overall height of the tower is proposed to be one hundred fifty(150) feet, rather than the 120 foot maximum height allowed by the Zoning Ordinance. This additional height is requested in order to accommodate multiple antennas and dishes(encouraged by the Ordinance)as well as attain the required line-of-sight alignment required for transmitting/receiving of the microwaves and the distances between such towers established by the Ordinance. The proposed tower and associated development will comply fully with all of the specific regulations of the Zoning Ordinance except for this difference in height, so the Conditions of the SUP provide only for this variation. In September of 2002, the Planning and Zoning Commission approved construction of a 150 foot high telecommunications tower and similar equipment building for another provider on Regency Drive(because that property was zoned Industrial and application had been made prior to revisions to the Zoning Ordinance, only site plan approval was required rather than an SUP). In discussions with the Planning and Zoning Commission,the applicant has indicated a readiness to reduce the requested height to the 120 foot maximum allowed by the code and therefore complies with all development regulations of the code and eliminating the need for any Special Conditions. 3. That limited portion of the lot on which the tower is to be located and to which the SUP will apply is leased by the owner to the third-party utility T-Mobile. The SUP will run with the land and the land ownership rather than with the tower ownership (T-Mobile), but all future users of the tower must comply with the requirements of the Zoning Ordinance as well as any Special Conditions of the SUP. 4. The somewhat triangular shape of the subject property and the undevelopable utility and drainage easements restrict the use of this rear portion of the property for other urban uses allowed within the zoning district. The remaining front majority of the lot is of sufficient size, shape and character to accommodate a variety of future uses as allowed by the Zoning Ordinance. 5. The intersection of S.H. 78 and F.M. 544 is the new central place of Wylie, and the tower will be visible from these public streets and the abutting developments. However, future retail construction on the properties south and east of the tower and between it and the highways should effectively screen the ground-level equipment as well as the lower portion of the tower. Furthermore, the proposed tower location is within a somewhat lower drainage area, and the monolithic shape and silver color of the pole, with no signage or lighting, should blend with the background sky and lessen its visual impact at this important location. 6. The communication function of the tower is a public/community service(if not necessity)as much as it is a private economic venture. Towers of similar height and greater visibility provide electric power and emergency communications (City police and fire dispatch), and elevated storage tanks provide water for consumption and fire protection largely immune from the level of regulation required of private telecommunications facilities. Board/Commission Recommendation At the March 2, 2004 Planning and Zoning Commission meeting, the Commission voted 4-2 to table this item until the March 16, 2004 Planning and Zoning Meeting. At their March 16, 2004 meeting, the Commission voted 6-1 to recommend denial of the Zoning Case to the City Council. State law requires a 75 percent affirm vote of the Council to approve the request when the Planning and Zoning Commission recommends denial. Staff Recommendation Approval. Although at a very significant location as Wylie's new retail center, the visual impacts of the tower will be controlled as much as possible, and the communication function serves a needed public service. Attachments Ordinance with Conditions of the SUP Location Map Site Plan and Details Applicant's letter reflecting compliance with requirements of the ZO Requirements of the ZO for Telecommunications Towers Photographs of the site and comparable towers Notification List and Map, with Responses Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2004-01, TO COMMERCIAL CORRIDOR (CC)DISTRICT WITH A SPECIAL USE PERMIT(SUP)ALLOWING FOR A TELECOMMUNICATIONS TOWER AND ANTENNA; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Commercial Corridor (CC) District with a Special Use Permit, allowing for a telecommunications tower, said property being described in Exhibit"A" and Exhibit"B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person,firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd day of March, 2004. By John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit "A" Zone Change #2004-01 PROPERTY DESCRIPTION BEING a tract of land located at 117 Cooper Drive, and being Lot 2, Block A in the Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. Exhibit "B" SPECIFIC USE PERMIT CONDITIONS for a Telecommunications Tower and Antennas 117 Cooper Drive Lot 2, Block A, Wylie Industrial Park (Zoning Case 2004-01) General Conditions: 1. The purpose of this Special Use Permit is to allow the construction and operation of a Telecommunications Tower and Antennas, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Special Use Permit shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 3. All regulations of the Commercial Corridor (CC) District set forth in Sections 4.2.B and 5.2.G.14 of the Zoning Ordinance (as adopted November 2001) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Special Use Permit shall apply on that +/- 625 square feet portion of Lot 2, Block A of the Wylie Industrial Park as described in Exhibit "A", and shall not be transferred or applied to other uses or properties in any way. 2. Permitted land uses within this Special Use Permit shall permit a Telecommunications Tower and Antennas, as well all of but only those uses permitted within the Commercial Corridor District as specified in Section 5.1 of the Zoning Ordinance. 3. All development provisions and regulations of Section 5.2.G.14 of the Zoning Ordinance shall apply, except that the tower may not exceed one hundred fifty (150) feet in height. 4. The operations shall remain in compliance at all times with the above and all other applicable local, state and federal laws, and failure to do so shall be considered a violation of this Special Use Permit and subject to revocation of the SUP. Ite m #5 Issue Hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor(CC)to Commercial Corridor(CC) with Special Use Permit (SUP) for a Telecommunications Tower, subject property being located at 713 Cooper Drive, and being part of Lot 3, Block A of Wylie Industrial Park Addition, City of Wylie, Collin County, Texas. (Zoning Case 2004-01) WYLIE CITY COUNCIL AGENDA ITEM NO. 6. March 23, 2004 Issue Hold a Public Hearing to consider and act upon a change in zoning from Single-Family 8.5/17 to Single- Family 8.5/17 with Special Use Permit for Amateur Radio Communications Tower, subject property being located at 1518 Windward Lane, and being Lot 24, Block 13 of Newport Harbor Addition, Phase II, City of Wylie, Collin County, Texas. (Zoning Case 2004-02). Background The applicant is requesting a Special Use Permit(SUP)in order to attach a tower to his existing single-family residence for the operation of an amateur radio station. The new tower will stand on an in-ground foundation and be attached to the rear wall of the two-story residence. The tower and antenna will be forty-five(45)feet high and will be tubular truss construction. The subject property was created in 1998 by the platting of the Newport Harbor Addition, and the subsequent construction of the applicant-owned single-family residence. At the time the residence was built the property was zoned Single Family-3 (SF-3)District, but the zoning was changed to Single Family-8.5/17 (SF-8.5/17) District in November of 2001 with the adoption of the City-wide revisions to the Zoning Ordinance and new Map. Both the previous and current Ordinances allow amateur radio transmission antennas within residential districts only with an approved Special Use Permit. The Federal Communications Commission(FCC)ultimately controls the operation of individual amateur radio communicators as well as the limits which local governments such as Wylie may restrict such operations. PRB- 1, adopted in 1985, states that the FCC "will not specify any particular limitations beyond which a local government may not regulate, nor will the FCC suggest precise language that must be contained within local ordinances. Local regulations which involve the placement, screening or height of antennas based on acceptable health, safety and aesthetic considerations must also be crafted to reasonably accommodate amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate goals and purpose." Section 5.2.J.7 of the Zoning Ordinance requires an approved Special Use Permit(SUP)for the construction and operation of such amateur communication towers/antennas within the Single Family-8.5/17 District. The Ordinance limits such towers to one(1)per lot,the height of which may not exceed seventy-five(75)feet. The Ordinance also states that such towers may not be located within any front, side or rear setbacks. Single antennas may not exceed 900 square feet and multiple antennas may not total more than 1,400 square feet The Zoning Ordinance allows consideration of a Special Use Permit (SUP) for certain uses within certain districts as a means to more carefully and specifically evaluate the effects of certain uses on surrounding properties or when necessary to establish for such uses in such locations any special conditions which insure that the use is more compatible and consistent with the character of adjacent properties than that use may be normally in other locations. An SUP does not change the zoning but overlays the existing zoning with site- specific and limited additional uses and regulations. The Planning and Zoning Commission and City Council shall evaluate a request for an SUP to determine its probable effect on adjacent properties and the community as a whole, and may impose any reasonable conditions for the granting of an SUP. Failure at any time to comply fully with the approved Conditions of the SUP will result in the cancellation of the Certificate of Occupancy. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. Public Comment Forms were mailed to thirty-four (34) property owners within 200 feet of this request. Thirteen(13)Comment Forms,representing twelve(12)properties have been returned,eight opposing and five favoring the request. The negative responses by more than twenty(20)percent of the land within the notification area requires an affirmative vote of seventy-five (75) percent of the City Council in order to approve the request. 2. All surrounding properties are zoned SF-8.5/17 and are fully developed as such urban-density residences. This existing land use pattern is also in compliance with recommendations of the Comprehensive Plan. The neighborhood is rather young and stable, and is expected to maintain its residential uses and character as it ages. The subject residence is a two-story masonry, but neighboring houses are a mixture of single- and two-story. 3. Amateur communications towers/antennas require approval of a Special Use Permit(SUP)because such towers have the potential to adversely affect the surrounding land uses, especially in regards to the visual or aesthetic impact of the tower and interference with the receiving capability of other communications equipment within the vicinity. a. The potential for towers and antennas to obstruct views and become an annoyance aesthetically(cited by one of the negative responses) depends directly on how visible the tower is from neighboring properties, and, therefore, is determined by the tower's location, height and structural materials. The proposed tower will be located in the rear yard, and attached to the rear wall of the house with no supporting guy wires required. The top of the tower and antenna(at 45 feet maximum height)will be approximately 13 feet higher than the peak of the house roof(32 feet), so will be largely screened by the roof from the front yard/street-level view. The tower will be an open truss construction with legs/stanchions anchored to the ground, which will provide through visibility and will blend with the existing residence and sky. There are several pole-mounted TV antennas as well as house-mounted dishes on the same block as the subject property, although all are lower in height than the proposed tower. No other amateur radio towers currently visible on neighboring residences. b. The FCC confirms the potential for the radio transmitting to interfere with other air-wave communication receiving equipment within the immediate area (also cited by one of the negative respondents). Such interference is largely caused by inadequate design and manufacture of the equipment being interfered with or other equipments within the interfered-with house, and is most readily solved by adjustments to that equipment. If caused by the radio operations,the interference will occur only when the amateur operator is talking, not when receiving, and the FCC requires that the operator keep a log of all transmissions. The applicant reports that the transmitting equipment is operated only between 10PM and 6AM and times of emergency, and the proposed antenna provides for controlled directional transmission. Radio transmissions do not interfere with cable-receiving equipment, and should not be a problem to neighboring air-wave receivers. (See attached FCC report) 4. A Special Use Permit for a similar amateur tower within a residential area was approved in January by the Commission and Council. Although originally submitted with no special conditions, intending to comply with all regulations of the Zoning Ordinance and Building Code, that request was ultimately with Conditions similar to those proposed by the subject applicant. The Commission requested that the tower height be limited and the Council tied the SUP personally to the applicant as well as the property. 5. A survey of area municipalities reveals that most allow private communication towers and antennas by right, like other common appurtenances such as chimneys, vents flues, steeples and utility cases. Special Use Permits are generally not required for towers of a common height(such as that allowed for the main building or some maximum such as Wylie's 75 feet). 6. The proposed tower and antenna will comply fully with all applicable regulations of the Zoning Ordinance. The height of the tower (45 feet) is less than the 75 feet allowed by the Ordinance, and the size of the antenna will be less than the allowed 900 square feet. The special Conditions of the SUP provides for variance from the standard requirements of the Ordinance only for the lower height. However, the Commission may establish reasonable conditions desired, either these proposed dimensions or any others as ultimate limits of construction. Board/Commission Recommendation At the March 2, 2004 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of Zone Change 2004-02, with the stipulation that the tower be removed from the lot if and when the applicant to which the SUP is tied moves from the house. Staff Recommendation Approval. The reduced height of the tower, as well as operational controls by the FCC, sufficiently limit the potential for noxious influences on neighboring properties, and construction will comply fully with current code requirements. Attachments Ordinance with Conditions of the SUP Location Map Site Plan Illustrating Location of Tower Photographs of the site FCC Information Concerning Interference Notification List and Map, with Responses Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-10 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2004-02, TO SINGLE FAMILY RESIDENTIAL (SF-8.5/17) DISTRICT WITH A SPECIAL USE PERMIT (SUP) ALLOWING FOR A MOUNTED AMATEUR COMMUNICATIONS ANTENNA; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single Family (SF-8.5/17) District with a Special Use Permit, allowing for a mounted amateur communications antenna, said property being described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Ordinance#2004-10 Zoning Case#2004-02 1 SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd day of March, 2004. By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Published in the Wylie News March 30, 2004 Ordinance#2004-10 Zoning Case#2004-02 2 Exhibit "A" Zone Change #2004-02 PROPERTY DESCRIPTION BEING a tract of land located at 1518 Windward Lane, and being Lot 24, Block 13 in the Newport Harbor Phase II Addition, City of Wylie, Collin County, Texas. Ordinance#2004-10 Zoning Case#2004-02 3 Exhibit "B" SPECIFIC USE PERMIT CONDITIONS for an Amateur Communications Tower and Antenna to Mason Sarles at 1518 Windward Lane (Zoning Case 2004-02) General Conditions: 1. The purpose of this Special Use Permit is to allow the construction and operation of an Amateur Communications Tower and Antenna in conjunction with an existing private residence, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Special Use Permit shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 3. All regulations of the Single Family-8.5/17 (SF 8.5/17) District set forth in Sections 3.3.A and 5.2 of the Zoning Ordinance (as adopted November 2001) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Special Use Permit shall apply only to Mason Sarles on Lot 24, Block 13 of the Newport Harbor Phase II Addition as described in Exhibit "A", and shall not be transferred or applied to other uses, persons or properties in any way. The tower and antenna shall be removed from the subject property if and when Mason Sarles vacates the lot. 2. Permitted land uses within this Special Use Permit shall permit an Amateur Communications Tower, as well all of but only those uses permitted within the Single Family-8.5/17 District as specified in Section 5.1 of the Zoning Ordinance. 3. All development provisions and regulations of Section 5.2.J.7 of the Zoning Ordinance shall apply, except that the tower may not exceed forty-five (45) feet in height. 4. The operations shall remain in compliance at all times with the above and all other applicable local, state and federal laws, and failure to do so shall be considered a violation of this Special Use Permit and subject to revocation of the SUP. Ordinance#2004-10 Zoning Case#2004-02 4 WYLIE CITY COUNCIL AGENDA ITEM NO. 7. March 23, 2004 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development(PD)District for Residential Uses of mixed densities, generally located east of McCreary Road, and east of Sage Creek Phase IV and south of McMillen Road, being all of a certain 45.125 acre tract of land as described in a deed to Perry Easterling, recorded in Volume 2258, Page 914 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. (Zoning Case 2004-03) Background The applicant is requesting rezoning of 45.125 acres in order to expand the existing Sage Creek Planned Development District (PD) for single-family residential uses. The property is currently undeveloped and is zoned Agriculture (A) District, as a temporary holding zone until appropriate urban uses can be established. Approximately one-half of the subject property is occupied by the 100-year floodplain and is therefore not developable. The existing Sage Creek single-family residential neighborhood borders the subject property on the west. The Sage Creek PD totals 145 acres and was developed in multiple phases. Minimum allowed lot and dwelling sizes within the existing Sage Creek range from 6,000 square foot lots with 50 foot frontages and 1,400 square foot houses in Phase V to 7,200 square foot lots with 60 foot widths and 1,600 square foot houses throughout the other phases. Properties to the north and south of the subject property are zoned Agriculture and undeveloped except for single rural farm-steads and agricultural fields and buildings. The properties to the east across the Muddy Creek are developed as the Lake Ranch Estates Addition, with lots of between 11 and 15 acres which extend to the center of Muddy Creek. The proposed Planned Development District will allow a maximum of 111 new lots, or a density of 2.46 lots/dwellings per acre. Of these total lots, at least 10 must be 1 acre or larger in size, 49 lots must be 7,200 square feet or larger, and no lot may be smaller than 6,000 square feet. Minimum dwelling size is to be 2,200 square feet on lots of 1 acre and larger and 1,700 square feet on lots smaller than 1 acre. At least 75% of the houses on lots less than one acre must be 1,900 square feet or larger. The PD will waive the requirement for alleys, and proposes a modification from the adopted yard setback dimensions and flexible incentive regulations of the Zoning Ordinance. Public Comment Forms were mailed to thirty-nine (39) property owners within 200 feet of this request as required by State law. Two Comment Forms have been returned,representing three parcels, and all opposing the request. Financial Considerations Zoning Application Fee has been paid. Other Considerations 1. The Comprehensive Plan recommends Country Residential use for the subject property, which envisions lots of one acre and larger. This large-lot, low-density recommendation is on the philosophy that residential densities should decrease with their distance from retail Village Centers. The two retail centers serving the subject property are at the intersections of McCreary and McMillen and McCreary and F.M. 544, and the subject tract lies well beyond the 3,000 foot distance. The Planning and Zoning Commission is in the process of reevaluating the Comprehensive Plan, but has endorsed this distance/density philosophy and the draft revisions still recommend Country Residential acreage lots for the subject property. The Comprehensive Plan recommends a density of 1 to 2 lots and dwelling units per acre, while the proposal would create a density of 2.45 dwellings per acre. The proposed rezoning does not fully comply with the recommendations of the Plan. 2. The stated purpose of a Planned Development District is to permit flexibility and innovation in the use and design of land and development. The proposed PD offers limited enhancement or innovation from the standard requirements of the Zoning Ordinance, but is rather a variance from the standards of the Zoning Ordinance. The applicant claims that the proposed small-lot residential development is more comparable in size and character to existing abutting developments, which are not allowed within the current Zoning Ordinance. The proposal also provides some mixture of lot sizes, which cannot be required by straight zoning. 3. The Conditions of the Planned Development District propose to apply the requirements of the Single Family 8.5/17 Residential District, with the following modifications: Development Condition Proposed Required Minimums PD Requirement for SF-8,5District Minimum—6,000 sq.ft. Lot Area 401ots(44%)larger than 7,200 s.f. 8,500 sq.ft. 10 lots(9%)larger than 1 acre 70 ft.for 8,500 sq.ft. lots 50 ft.for lots under 7,00 s.f. 75 ft.for 10000 sq.ft. lots Lot Width 60 ft.for lots over 7,200 s.f. 150 ft.for acre lots 60 ft.for corner lots 75,90& 140 ft.for corner lots respectiiveh Lot Depth 120 ft. 100 ft.,200 ft.for acre Front Yard 25 ft. 25 ft.,90 ft.for acre Rear Yard 20 ft. 25 ft.,50 ft.for acre Side Yard 5 ft. interior 7, 10&20 ft.respecti\elv,interior 15 ft. on corner 25,25&40 ft.respectiv-ely,corner Dwelling Size 1,700 sq.ft. on lots under acre 1,700 sq.ft. on 8,500 s.f lots 1,900 sq.ft. on 75%of lots under acre 1,900 sq.ft. on 10,000 s.f. lots 2,200 sq.ft. on lots over acre 2,600 sq.ft. on acre lots 4. The proposed size of lots within the Conditions of the Planned Development(6,000 sq. ft. minimum and 44% 7,200 sq. ft.) is smaller than the minimum size (8,500 sq. ft.) provided within the current Zoning Ordinance. The proposed lots are also generally smaller than the majority of existing lots within the Sage Creek development. All existing lots abutting the subject tract on the west are 7,200 square feet or larger (lots abutting the property on the east side of Muddy Creek are all larger than 11 acres). Of approximately 650 lots developed within Sage Creek to date, only 28 percent are 6,000 square feet while 67 percent are 7,200 square feet or larger and 5 percent exceed 9,000 square feet. 5. The lot yard dimensions proposed in the PD Conditions are generally smaller than the current requirements of the Zoning Ordinance, although the proposal is comparable to existing lots within Sage Creek. Both the current PD and previous Sage Creek PDs required 50 feet wide lots for 6,000 sq. ft. lots and 60 for lots larger than 7,200 sq. ft., although the current Zoning Ordinance provides for no lots narrower than 70 feet. Front yards allowed by the subject PD is 25 feet, which is comparable to other Sage Creek development but smaller than those required by the current Zoning. The subject PD provides for 5 feet wide side yards, which compared to previous Sage Creek PDs required that neighboring structures be a minimum 10 feet apart but established no set yard dimension. 6. The PD Conditions propose that the minimum house size on lots larger than one acre be 2,200 square feet, and the minimum house on lots smaller than one acre be 1,700 square feet with at least 75% being larger than 1,900 square feet. The proposed house sizes are larger than provided within the existing Sage Creek developments, but smaller than required by the Zoning Ordinance. Over 80% of the dwellings will be 1,900 square feet or larger compared to the smallest currently allowed within Wylie by right. The previous Sage Creek PDs require dwellings on lots of 7,200 sq. ft. or larger be at least 1,600 sq. ft. and dwellings on the 6,000 sq. ft. lots be at least 1,400 sq. ft. Houses on acre-sized lots are required by the Ordinance to be at least 2,600 sq. ft. 7. The proposed PD Conditions substitute the following requirements for the Base and Desirable Design Standards of the Village Residential within the Zoning Ordinance: • 100 percent brick or stone— same as required by the Ordinance • Chimneys be enclosed— same as required by the Ordinance, with points for masonry • Roof of 8:12 pitch with architectural grade shingles— same as required by Ordinance • Skipping 4 lots on same side of street (2 on opposite side) before repeat of elevations— same as required by Ordinance • Front porch of 14 sq. ft. — Ordinance requires porch of 20 sq. ft. • Paired mail boxes— same as required by Ordinance • Garage doors offset— same as required by Ordinance. 8. The Conditions of the Planned Development District eliminate the following Base and Desirable Standards of the Zoning Ordinance: • Curvilinear streets—generally follows a grid pattern like existing Sage Creek • Signed and landscaped entry feature—this is provided at the McCreary Road entry • Specialty paving for sidewalks—4 ft. wide at all crosswalks 9. The PD Conditions provide that no alleys be required within the proposed development. Section 3.2.B of the Subdivision Regulations requires that"alley shall be provided in all residential districts". Alleys are not provided within the existing Sage Creek developments. The normal functions of alleys will be accommodated by other methods, such as utilities placed in easements along the street and City code requires that lots drain to the front street. 10. The subject property drops off toward the floodplain from the higher elevations of the existing Sage Creek development,requiring retaining walls for some lots. The development of larger lots, as recommended by the Comprehensive Plan, better fits this natural terrain and requires less disturbance of the site than the proposed smaller lots. 11. The PD Development Plan proposes two alternate solutions for the second point of access required of all residential subdivisions in order to insure uninterrupted emergency access. However, neither of these routes provide the necessary freedom of traffic movement as both originate from a single entry street. The better solution is the earlier planned extension of Aqueduct Drive south of the subject tract, and the applicant is negotiating with the neighboring property owner for such access agreement. The Final Plat must provide acceptable alternate access prior to its approval to allow initiation of development ofthe new subdivision. 12. The PD Conditions provide that acreage may be dedicated for public park lands and/or park improvements may be provided equal to Wylie's park dedication requirements, and the Park Board accepted this philosophy at their February 23 meeting. The PD proposes to dedicate 3.49 acres for public park land, whereas 5.55 acres (5 acres for each 100 lots)is required. The PD's Development Plan some land along the north boundary as dedicated public park land, but much of this area is within the floodplain and not eligible for park dedication. Approximately half of the subject property is within the floodplain and not eligible for dedication as park, and the Development Plan proposes the extension of larger residential lots into this area to the creek channel. A 30 foot wide public right-of-way is provided for a creek-side trail, accessed by two public rights-of-way in which the developer will provide an eight feet wide trail as requested by the Park Board. 13. The PD Development Plan will serve as a Preliminary Plat. Board/Commission Recommendation At the March 2, 2004 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of Zone Change 2004-03, with the stipulation that at least 75%of the houses on lots smaller than one acre be a minimum of 1,900 square feet. At the February 23, 2004 Park Board meeting, the Board recommended approval of the park easement and trail pending further planning to confirm such improvements equal to the value of required dedication. Staff Recommendation Denial. The proposal does not conform to the recommendations of the Comprehensive Plan for lots of one acre or larger, nor to existing development within the Sage Creek neighborhoods. The PD Development Plan and Conditions propose no innovations of higher quality than the standard regulations of the Zoning Ordinance nor address hardships requiring variation from the standards, but are rather a variance of some regulations of the Zoning Ordinance. Attachments Ordinance with Conditions for the Planned Development District and Development Plan Location Map Notification List and Response Forms Prepared by Reviewed by Finance City Manager Approval ORDINANCE NO. 2004-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2004-03, TO PLANNED DEVELOPMENT (PD) DISTRICT FOR SINGLE-FAMILY RESIDENTIAL USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD) District for single-family residential uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Ordinance#2004-11 Zoning Case#2004-03 1 SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd day of March, 2004. By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Published in the Wylie News March 30, 2004 Ordinance#2004-11 Zoning Case#2004-03 2 Exhibit "A" Zone Change #2004-03 PROPERTY DESCRIPTION BEING a tract of land located in the MOSES SPARKS SURVEY, ABSTRACT NO. 849, Collin County, Texas and being a part of a tract of land described in Deed to Perry Easterling recorded in Volume 2258, Page 914, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point for corner, said point being the Northeast corner of Sage Creek Phase Four; THENCE South 00 degrees 08 minutes 53 seconds West, a distance of 1,409.76 feet to a point for corner; THENCE South 89 degrees 31 minutes 15 seconds East, a distance of 1,605.05 feet to a point for corner; THENCE North 29 degrees 47 minutes 00 seconds West, a distance of 59.30 feet to a point for corner; THENCE North 84 degrees 47 minutes 01 seconds West, a distance of 92.93 feet to a point for corner; THENCE North 32 degrees 22 minutes 03 seconds West, a distance of 157.34 feet to a point for corner; THENCE South 69 degrees 43 minutes 33 seconds West, a distance of 113.12 feet to a point for corner; THENCE North 48 degrees 40 minutes 03 seconds West, a distance of 116.62 feet to a point for corner; THENCE North 06 degrees 16 minutes 39 seconds East, a distance of 186.93 feet to a point for corner; THENCE North 79 degrees 21 minutes 51 seconds East, a distance of 141.04 feet to a point for corner; THENCE North 65 degrees 20 minutes 59 seconds East, a distance of 199.35 feet to a point for corner; Ordinance#2004-11 Zoning Case#2004-03 THENCE North 27 degrees 58 minutes 57 seconds East, a distance of 182.11 feet to a point for corner; THENCE North 27 degrees 26 minutes 10 seconds West, a distance of 120.46 feet to a point for corner; THENCE North 49 degrees 01 minutes 48 seconds West, a distance of 158.94 feet to a point for corner; THENCE South 41 degrees 02 minutes 51 seconds West, a distance of 207.82 feet to a point for corner; THENCE North 55 degrees 29 minutes 42 seconds West, a distance of 107.30 feet to a point for corner; THENCE North 00 degrees 49 minutes 24 seconds West, a distance of 175.09 feet to a point for corner; THENCE North 24 degrees 01 minutes 02 seconds East, a distance of 178.44 feet to a point for corner; THENCE North 84 degrees 08 minutes 24 seconds East, a distance of 148.96 feet to a point for corner; THENCE North 02 degrees 31 minutes 37 seconds West, a distance of 147.98 feet to a point for corner; THENCE North 22 degrees 32 minutes 52 seconds East, a distance of 107.99 feet to a point for corner; THENCE North 00 degrees 22 minutes 26 seconds East, a distance of 9.36 feet to a point for corner; THENCE North 89 degrees 33 minutes 36 seconds West, a distance of 1,480.00 feet to a point for corner at the POINT OF BEGINNING and containing 45.125 acres (1,965,631 square feet) of land, more or less. Ordinance#2004-11 Zoning Case#2004-03 4 Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Sage Creek Phase 8 (Easterling Tract) Zoning Case 2004-03 General Conditions: 1. This Planned Development District shall not effect any regulation within the Code of Ordinances, except as specifically provided herein. 2. All regulations of SF-8.5/17 District set forth in Article 3, Section 3.3 A.3 of the Comprehensive Zoning Ordinance (adopted as of February 27, 2002) are included by reference and shall apply except as provided herein. 3. The attached Development Plan (Exhibit C) shall serve as a Preliminary Plat. The Development Plan shall conform to the written conditions of the Planned Development, but in case of conflict between the two, the written conditions shall prevail. Special Conditions: 1. Lot Mix Maximum number of Single Family dwelling units permitted in this Planned Development shall not exceed 111 units Minimum 49 lots will be 7200 sq. ft. or greater Minimum 10 lots will be 1 acre (43,560 sq. ft.) or greater No lot shall be smaller than 6,000 sq. ft. 2. Lot Size Minimum Lot Width(at front building line) on Lots over 7200 sq. ft: 60 feet Minimum Lot Width(at front building line) of Corner Lots 60 feet Minimum Lot Width(at front building line) on Lots under 7200 sq. ft: 50 feet Minimum Lot Depth: 120 feet Minimum Cul-de-Sac Lot Depth: 90 feet Ordinance#2004-11 Zoning Case#2004-03 5 3. Dwelling Regulations Minimum Dwelling Size on Lots under 1 acre: 1,700 sq. ft. Minimum Dwelling Size on 75% of Lots under 1 acre: 1,900 sq. ft. Minimum Dwelling Size on Lots 1 acre+ 2,200 sq. ft. 4. Yard Requirements—Main Structures Front Yard 25 feet Side Yard 5 feet Side Yard of Corner Lots 15 feet Rear Yard 20 feet 5. Yard Requirements—Accessory Structures Front Yard behind rear building line of main structure Side Yard 5 feet Rear Yard 5 feet Side Yard of Corner Lots 20 feet Minimum Distance from Main Building 5 feet Max Area of Accessory Structure 80 sq. ft. 6. Height of Structures: Main Structure 36 feet Accessory Per existing Sage Creek CCR's (currently 8 feet) 7. Alleys No alleys shall be required within this Planned Development District 8. Design Standards The following will substitute for Section 3.4, Figure 3.14 of the Zoning Ordinance Exterior Facade (Main Structure) 100% brick, stone Chimneys Chimney enclosure required Roof Pitch 8:12 or greater with architectural grade overlap shingles Ordinance#2004-11 Zoning Case#2004-03 6 Roof Materials Asphalt shingles, no wood shingles Paint rooftop accessories to match Units with same street elevation 4 lots skipped same side of street 2 lots skipped opposite side of street and No identical floor plans side by side Front Entry Cover 14 sf minimum front porch, 5'minimum width Residential Mail Box locations Paired at Lot Line, same style throughout Garage Doors Offset, 12" minimum, maximum 50% of elevation 9. Signage, Entry Feature and Medians No signage, entry feature or median element will be required within this Planned Development District as this is an additional phase to an existing community that already has signage, entry feature and medians. 10. Sidewalk& Street Lighting Decorative low height solar lighting will be required within this Planned Development District. 11. Crosswalk Construction Specialty pavers will be installed at all crosswalks within the subdivision. Pavers will be installed at a minimum width of 4 feet. 12. Park Dedication City of Wylie Park Fees shall not be waived or reduced for development within this Planned Development District. The Owner/Developer may dedicate acreage in lieu of fees and/or use comparable funds to provide park improvements within this Planned Development District or in the existing Sage Creek Phases, as per City direction. The cost of park improvements shall be equal to or greater than the park land dedication requirements in effect at the time of platting. All park improvements shall be coordinated Ordinance#2004-11 Zoning Case#2004-03 7 with the Director of Community Services or his designee, prior to initial construction of the development. All park improvements shall be installed and/or fees paid prior to City acceptance of the development. Ordinance#2004-11 Zoning Case#2004-03 8