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04-04-2006 (Planning & Zoning) Agenda Packet Planning & Zoning Commission . 0 I . CITY OF WYLIE April 4 , 2006 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie,Texas 75098 Tuesday,April 4, 2006 7:00 p.m. CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the March 21, 2006 Regular Meeting. ACTION AGENDA 1. Consider and act upon approval of a Site Plan for Greenway— 78 Addition, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). Tabled from March 21, 2006 2. Consider a recommendation to the City Council regarding a Final Plat for Greenway — 78 Addition, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). Tabled from March 21, 2006 3. Consider a recommendation to the City Council regarding a Final Plat for Parkside Addition Phase I, generally located on the northwest corner of FM 544 and FM 1378 (Country Club Dr.), and being a portion of a tract of land conveyed to Parsons — Warner, LLC, according to the deed recorded in Volume 5821, Page 1697 of the deed records of Collin County, Texas. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Planned Development (PD) District to allow single family residential uses of varied densities, generally located south of Stone Road and west of FM 544, and being a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23 in the City of Wylie, Collin County, Texas. (ZC2006-07) 2. Hold a Public Hearing and consider a recommendation to the City Council regarding an Ordinance to establish regulations governing the sale of alcoholic beverages. MISCELLANEOUS �\‘`��A.y0F � 1. Joint work session with Planning and Zoning Commissior'L Park Board`F` ADJOURNMENT SEAL _ -D os d Frida March 31, 2006 at 5534) P'.�`\ 11r,,1E`�\.• THE WYLIE MUNICIPAL COMPLEX[S WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL A SISTA'NCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 March 21, 2006 Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: Scott Ames Renae 011ie, Assistant City Planner Eric Alexander Mary Bradley, Secretary M.G. Red Byboth Jamie Gregg Joel Hemphill Dennis Larson Commission Members Absent: Dave Hennesey CALL TO ORDER Chairman Larson called the meeting to order at 7:02 PM. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Byboth gave the invocation and Commissioner Alexander led the pledge of allegiance. CITIZEN PARTICIPATION No one appeared to speak to the Commissioners. CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the March 7, 2006 Regular Meeting. A motion was made by Commissioner Hemphill, and seconded by Commissioner Byboth, to approve the minutes as submitted. Motion carried 4 — 0 - 2, with Commissioner Hennesey being absent, and Commissioners Alexander and Ames abstaining. P & Z Commission Meeting March 21, 2006 Page 2 of 5 ACTION AGENDA 1. Consider and act upon approval of a Site Plan for Greenway — 78 Addition, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). Ms. 011ie stated that the applicant is requesting the Site Plan to be tabled until April 4, 2006, to resolve elevation concerns. A motion was made by Commissioner Ames, and seconded by Commissioner Alexander, to table the Site Plan for Greenway — 78 Addition until April 4, 2006, meeting. Motion carried 6 -0. 2. Consider a recommendation to the City Council regarding a Final Plat for Greenway — 78 Addition, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). Ms. 011is stated that the applicant is requesting the Final Plat to be tabled until April 4, 2006, to resolve elevation concerns. A motion was made by Commissioner Gregg, and seconded by Commissioner Byboth, to table the Final Plat for Greenway — 78 Addition, to April 4, 2006 meeting. Motion carried 6 — O. 3. Consider a recommendation to the City Council regarding a Final Plat for Braddock Place Addition Phase I, generally located west of South Stone Road and south of Elm Drive, and being more specifically described as a tract of land situated in the E. M. Price Survey, Abstract No. 725, The William Sutton Survey, Abstract No. 860, The D. W. Williams Survey, Abstract No. 680, and the Nathanial Atterbury Survey, Abstract No. 1099, Collin County, Texas, (D.R.C.C.T.), said tract being all of a 29.7889 acre tract, a 2.02 acre tract, and part of a 19.8436 acre tract. Ms. 011ie stated that the property totals 54.608 acres and will create 85 residential lots. The subject property is part of the larger Braddock Place Addition Planned Development(PD 2005 —24), which consists of Single-Family Residential of varying densities, and Common Open Spaces. The entire Planned Development is 185.1449 acres in size. The Final Plat substantially conforms to the approved Preliminary Plat, which was approved by City Council in December 2005, but varies from that of the Development Plan. The Development Plan depicts a single loaded street at the south side of the park just south of Future Elm Road. P & Z Commission Meeting March 21, 2006 Page 3 of 5 Mr. Brandon Aillet, Corwin Engineering, 200 W. Belmont Drive, Suite E, Allen, representing Engineer on the subject property, stated that the difference between the Development Plan and the Plat was the increase in lot sizes. The lot sizes are now 18,000 square feet, which removed the single loaded street at the south side of the park,just south of Future Elm Road. A motion was made by Commissioner Gregg, and seconded by Commissioner Hemphill, to approve the Final Plat for Braddock Place Addition Phase 1, generally located west of South Stone Road, and south of Elm Drive. Motion carried 6 —0. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Community Retail (CR) District to Community Retail (CR) District with a Special Use Permit to allow for a hotel, generally located at the southeast corner of State Highway 78 and west of Kirby Street, City of Wylie, Collin County, Texas and being all of Lot 4, Block A in the Martinez Phase 3 Addition. (ZC2006-05). Ms. 011ie stated that the subject property is located on the southeast corner of SH 78 and west Kirby Street. The applicant is requesting to rezone the subject property to allow for a hotel on one lot. The subject property totals 1.926 acres (83,927 square feet. The proposed two story building will be approximately 25,195 square feet in size and consist of 50 separate rooms where entrance to each room is gained from a completely enclosed area. The main entrance to the hotel will be from the east. A residential subdivision is located directly east of the subject property. A six foot high masonry screening wall will be required along the length of the eastern property line. Thirty-four notifications were mailed, with two written responses returned favoring the request and three written responses opposing the request. Mr. Pat Brandon Fussell, 110 N. Harrison, San Augustine, Texas, represented property owner and applicant for the subject property, stated that instead of 50 rooms, the proposed plan designates 48, making one of the rooms into a suite. A sign will be constructed on a tower, located on top of the building, which will create visibility from State Highway 78 and FM 544/Kirby Street. The lights in the parking lot will be directional lights, facing away from the residences in the subdivision to the east. The type of hotel is not yet determined, but could be LaQuinta or Best Western franchise. P & Z Commission Meeting March 21, 2006 Page 4 of 5 Chairman Larson opened the Public Hearing. Mr Don Ward, 910 Mardi Gras Lane, spoke in opposition of the request, due to traffic and visibility. Ms. Frances Simmons, 900 Mardi Gras Lane, spoke in opposition of the request, due to masonry wall and traffic. Ms. Mary Bradley, 1003 Mardi Gras Lane, spoke in opposition of the request, due to visibility concerns and traffic. Chairman Larson closed the Public Hearing. A motion was made by Commissioner Hemphill, and seconded by Commissioner Byboth, to deny the request for a change in zoning (ZC 2006-05) from Community Retail (CR) to Community Retail with a Specific Use Permit (SUP) to allow for a hotel, generally located on the southeast corner of SH 78 and West Kirby Street. Motion carried 6— 0. 2. Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A) to Townhouse (TH) District, generally located at the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. (ZC2006-06). Ms. 011ie stated that the subject property is located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. The applicant is requesting to rezone the subject property to allow for townhouse development. The proposal will include 50 townhouse units on five acres. The property is an odd triangular shape tract that is bordered by Industrial District to the north and west and a Planned Development District for mixed use development including residential of varied densities and commercial uses to the east. The entire tract will be developed to Townhouse (TH) District standards with a minimum of 3,500 square feet for exterior lots with side yards and 3,000 square feet for interior lots without side yards. Minimum dwellings size shall be 1,200 square feet. Four notifications were mailed, with no written responses returned at the time of posting. P & Z Commission Meeting March 21, 2006 Page 5 of 5 Mr. Laurence DeBerry, 8277 PR 5397, Lavon, Texas, represented the Developer for the subject property, stated that the development will consists of 34 to 38 townhouse/duplex units. The intent of the development is to match the design and architectural standards of the Wyndham Meadows Estate located on Brown Street and east of Eubanks Lane. The school age children ratio will be lower than multi-family ratio and not as high ratio as single-family residences. Mr. DeBerry stated that the Duplexes or Townhouses will be a good fit in the location, to the west and north is the North Texas Water Municipality District property, and east is the Wylie Lakes development. Lynda Lane will be closed along the western border of the property therefore eliminating through traffic from Skyview to the cross intersection of Lynda Lane and Skyview at the southern tip of the subject property. This portion of the street will be maintained by the proposed development. Chairman Larson opened the Public Hearing. With no one coming forward to address the Commissioners, Chairman Larson closed the Public Hearing. Commissioner Byboth stated that the property is very difficult to develop due to the Industrial zoning on both sides. A motion was made by Commissioner Byboth to approve the zoning request. Motion failed due to second. Chairman Larson stated that further discussion was needed since no second was made. Commissioner Gregg stated that Townhouse development was not the best fit for this tract for the City of Wylie at this time. With no further discussion or comments, a motion was made by Commissioner Gregg, and seconded by Commissioner Hemphill, to deny the change in zoning (ZC 2006-06), from Agriculture (A) to Townhouse (TH) District, generally located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road, due to the city not at a break even point for the school age children. Motion carried 4 —2, with Commissioner Byboth and Chairman Larson voting in opposition. ADJOURNMENT A motion was made by Commissioner Hemphill, and seconded by Commissioner Gregg, to adjourn the meeting at 7:45 PM. Dennis Larson, Chairman Mary Bradley, Secretary CITY OF WYLIE PLANNING & ZONING COMMISSION AGENDA ITEM Agenda Item No. Meeting Date: April 4, 2006 Consent Case Name: Greenway— 78 Addition Action 1 Prepared By: Renae' 011ie Public Hearing Exhibits: Site Plan, Elevations Miscellaneous Other AGENDA SUBJECT: Consider and act upon approval of a Site Plan for Greenway — 78 Addition, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). Item Tabled from the March 21, 2006 meeting. STAFF RECOMMENDATION: Motion to conditionally approve a Site Plan for Greenway — 78 Addition for commercial and/or retail uses Condition 1: Meet the base design standards by adding brick to the remainder of the building and acquiring all necessary number of desirable design standards from each category of Section 4.3 or Condition 2: Obtain a variance from Zoning Board of Adjustment to Section 4.3 Nonresidential Design Standards. SUMMARY: The property totals 8.300 acres and will create three commercial lots. Lot 1 is 1.843 acres in size, Lot 2 is 2.036 acres in size, and Lot 3 is 4.421 acres. Currently there exist 2 buildings on Lot 3 of the subject property, a one story block building to remain and a single story wood frame building to be removed. The property was the subject of a zoning case in 2004 (PD-2004-43). The PD allows for mixed retail and light industrial uses. The Site Plan varies from the design standards as required by the Ordinance in that the applicant is requesting decorative concrete in lieu of brick on the rear and side elevations. The Ordinance states that the primary materials shall be constructed of brick with at least 20% stone on the front facade including but not limited to brick, stone, cast stone, decorative concrete or stucco. The proposed design meets the requirement for the front facade, but not the remainder of the building. The proposed design does not meet the required number of desirables in Site Design or Landscape Design. The design does offer base standards of awnings, projective and/or recessed elements and a mixture of materials to enhance the development. A Final Plat is on the current agenda. APPROVED BY: Initial Date 1 Department Director: MM \ 03/31/06 , B BOLLARD EMe ELECTRIC METER = L,1 rE; PP. POWER POLE ... 80_ ._.° 120 ' Rat 25 16 61.5°"8' \ F.M. 544 ( . ISIRBY STREET) Vg.:19.1 ,ti,AF,N vssi3,EIEF2A7E7R— IZN/MN'T LW SIA! LWZI;IR TEZRD II II I " - GRAPHIC SCALE IN FEET (A VARIABLE WIDTH RIGHT-•F- N 89'1032"W H t w, WATER VALVE : PROPOS7CrSIGN wve S 87'59'44"E 198.32' icv. IRRIGATION CONTROL VALVE F H, FIRE HYDRANT 1.42,30.E. ___, _ ,7N.----... rAP,, ''',,.D. GM c----- WYLIE-:FLEMING. x L 7 8f26708 p, --z- "" riv ciTy.3,mt.Esm, jrklii.371-1 ri,-;_il-pr:'71-7,___vir=77-II ,,,,' 7'-'="iaciE.so_'. '-24,,..2i'E'C 4! ONE STORY I TSC. TRAFFIC SIGNAL CONTROL Ts,AFFIC SIGNAL POLE ,..,., i 17/ ',- 3 7° ,ip 291, I TELE. TELEPHONE BOX ,, FLOOD UGHT . , ' 4 FP. FLAG PO. l•"•5" ' '• /71' .. THOMAS ,...3 I TO BE REMOVED '''' TRA71:=ROD */'ir;iill'i DuNc 2LPI • I '''i I I SED VARIABLE HEIGHT 1 0-A ' . , , PROJECT LOCATION 1 P. . CALDWELL, R=78.0' g c>. . Mg RETAINING WALL - o V ' 10,4,10' in' Ill 1'—.---1-'•'. LI ig TYPE Rw 1(L. -PROPERTY UNE I . I x FENCE OHL OVERHEAD UTIUTY UNE OU N TY .DRAINAGE 8c ,E EMENT \ j L I TO BE REMOVED ,,,0,, • „,,,, ,___, _ . : c, it it ,I=. .; 190, :',,,, c.;./ 0) . E UNDERGROUND ELECTRIC UNE T UNDERGROUND TELEPHONE UNE 40,,,,c,;( / 6c.B." oliwc :' - WINDCREST C." r, KIRBY 78 ADDITION c UNDERGROUND CABLE UNE VICINITY MAP 1 °I FF.523.0 _ FIRE DEPARTMENT CONNECTION (VOL N,PG.411) cC F. ER S., -'... - LOT 1 ..1 A/C AIR CONDITION I TrBrIRTMgf;Erg R .-1.4 i, 17," REmAINDER OF N 1 .-, 5 JUDDDM RAILROAD TRACT. LOT 1IR=1 1.131;I'I I PP . ' BLOCK A ki,22'r '12• I PP F-''' ;; (VOL.4886,PG.4459) MI. ..-1 --;-?SAO DEMC'UTI° THE GREENWAY ADDITION 4, 2 ---,-, '''' ...-6,8 . z- „ (VOL 0,PG.287) Ii ) i x . x x. x x x 'x x '' xi--,',:474'4:— IMMMITMni- '-'------------%111 I ii.:::: II- 7_, i Z L'f-"") Ls EgF P-INMNICE-N Ls .:„ ,,, 6 4 inn .sp,,cEs. Ci! E. i gi 8. 130.32' I I c''' '13 I x ASPHALT RV., -'- .*-1 I -----f— I ,iil MI ,_ I I V i>\i g SCALES 15.6' ',ZS-,-4* '.' T, :"., ''''• ' ''''' '' r.-2gd Ir., : fizz ,-V, , i, .., , „ 1 1 1 &,m,iicEl , ., 7c.- 7' 10 SPACE.. t / 0 / STA7E OF TEXAS Lig 8171;s0,,, / I COUN7Y OF COUJN I 1 81' I - ' ''' ' .- ' ef a a""re treete""dofToetted let thfe 12 creos=d Mid I 1 E ..„..,____./_-_,. ...-- _-, '..'- il GRAVEL ExiszNisEprzn:' ;AEITJT pARKiNG -,-,,,, -1,- .VL4f-,4,,,„..., 7,,11,7,, 0: A s , I I z:ill * . ''wili?'''''I'd'cel'feundc7f:KatoraVouteerfR=r"' / ...MN.'it'1/2-krivori%8 width right-'-wc°wite ttroffilit:t mid peed Rec... ,7°_,,,„.......—49.9. ,,,,,o,,Thg lour(4) paT4e:earth teTTleeds:Lerordst*of Colhh:unfit Texagesi:8300 acre roc ELEC Bn3"X I I .,. ., _ q ! ' i 4`, Ss /LOT 2 I 1 ....degre.°4 1"rn"te4"se7.1: . beg. ° thedght BLOCK A THE GREENWAY ADDITION I I 4,,st .,,,At / „the.K.*cep fr..fee ereethes:W northp;;dlin:tofeceth oe,K;ros CfitynS:the:genR tarood,curve tothe •Ss,49 seconds,a (VOL.0,PG.287) I , ' ' -----9%2Firar 3-C7 SS ,,,::' , &481019: NsTALL's / / I'DCK RIF" Isf172.8 9 f e e t.a ch ord b e ark g an . och I _ .-,,": ' MEM ___ .........111 STEPS .. \\I RL:435292:6829, _ . ,, / c.v. / °S47 "1' / -- / is(*cr cc.rner; I 1-'', R.Emmffim. --- ----,,„-f------ - T=233.75' -.....y/ * / "====== .----- / 12 I.Y.!!-21,12 S 28'0603"W roll,N,,EmuvLD 426.79 Z' t =es'4"ecttn"stti.:Its= :4.2:8 teeL crw, A vgarcznts CONCRETE PAVEMENT sTEps L . ..--- „; ASPHALT PAVEMENT -=---- . " '. = 54.F...found Z1 in:u..tee,76 seconds Wee,ach sdi7taiowif ff.t 34'.;ch lee:*toK IP y I !Z.BL°7 ''• 1 ------- -- ,,,,, =---= - ---,.ME. I I / S 87'27'02"E Box ELL'',,:','„ _ ' ".""""M==== / ''. / z/ 50.01' ,/Z / 0 / V ii.,N7or t7thehr.;04,02 dd=egrees,;4com:inulnu er,tt0147seconsec:lasstti a adI cis l000tat:cence oo:t72.7..:toot to o 7, / b0 , , / i''' ik 1 ,. ..=. , Ry. / , 1 ig ,,, , /z mumilganzzEns N arncomorth:02 degrees,59 mou•tes,10 second.East,a ch erth'"'re's.".min'etet:e raidserout r liEnnfhltrghwZ rr44, I 1:' 5 CrNIC GATE '''?' ik Z 12) South 87 degrees,27 minutes,02 seconds East,a distance o . maicE.olong the .- 1 , girigh h°"1" —°"10=4"3=1.1.772%.,an arc sold south line of.F.M.H:hi,gN ool I IPW • : ' 1 = '' , . PORCH DRAIN DRA. :.,' . ., .' ‘) Z :Kir:.::OparamfOrliftgintot:„Th"gd Se""Od:tOftataft 117:19Lt:the dght; bon rod with.,..d.Pachiusrecoof ref:.TiP tr:ed?nce;7%er;inutes.30 seconds East,a distance o sou i c), , s „,,t)'' V 0\ , # I - 4 ,:w: ,--,,, .1''' , LANDSCAPING DESIGN REQUIREMENTS /000006.600800 FDC -- ' S .j V coNTA...o.36,555 squore foolteers,2 4..04 seconacmds.OE fasiant::tan:ioef..198.32 feet to the POINT OF BEGINNINQ I ,.- ' '%r‘\°_ 444 St' 7' ELEMENT DEVELOPITESINTRAMBULEST SELECT 4 OF REDDIRED YARDS ®'LNORTAITZX rOEUI2g.'AN YARD I I fs:s1 I , ,::,' I I Z /, , 6 CHAIN ‘4 * 11.4 I I ,'''' ' 86%OR MORE IN EXCESS PRELIMINARY 6. UCTION Na DA TE REWSION 't I I 7 rA"1?4‘%' IILFFICEIlgENDASbP45JAUPRETHEARREA. TI,VPDILO7E274312VraiNOTNILI IF Pacheco Koch 00011?LAn1.11:rig,ir21.=i LOT 3 I I / ' 'IFASARDTRPAENDCEETNIAN CUNNECT'N P CFT%RN PCAOS'El 8 35 0 N.CENTRAL EX;I. IIINDDDING.Ng'NNE ci I I i ' 7 6„,''' °A /' , 'NATURAL STARSIGIVOlt O. 0090 gli I I r4"nZTIS ®IULIENRESMEAVIA'NESDVRAD:11ThOF LANDSCAPE LE 0,, , 0'` ii I i , 7 c.illuRBEiliZETRAELEcaEtsurgr- , PLAN:S P2RE2PA2RED UNNIEHR7ARKTHuEssEDNIR.EpC.ET. I I k ' AO‘ i I I -,''''' 4444 , 0°'‘ GREENWAYA-7N8 'Lc s (%4 I I , V OWNER: I I L,' ARCHITECT' cy8n,.2907FACwrzRE PiADTff,A,SITAE F.M.544&H100 DESIGN DRAWN DATE SCALE OTEWEY 7,8LE Na i I 7 C1.1 4'0a SULTNG ENGINEERS CONTACT MARK HARDAWAY TEB TEB 276 r-4°' 04'il I I kKI--P:NMNicE • ,' ,CIA.CRIC;;SsACT7;2:ino • 146 C8P3OASCNOTHAECNCT.°:CKRE:NCTDRHNAE„CLEH:WY.STE.1000 D2A8LOLAs8.TE.sCa"GUIlEBIA'L.P. PK FILE:2659-05.222 DWG FILE:2659-05.222SP.DWG °a g I I „''' it 2 I ' 11---'4';' � lit ' 1 A 3 2 a f3 ARCHITECTURAL POINT REQUIREMENTS � OO © O © O O Element Base Standard Desireable(select 3 of 6) Points A R(:II I T F(:T S; EIFS CORNICE MEDALLION WWI_ A.F.F. Building Materials a. Building constructed of brick with •min 20% ,/ a. Use of 2 complimentary primary / TEXTURED T.O.WALL \ EL-25'-0•A.F.F. stone,cast stone,decorative concrete on facade materials to help acheive EL=28'-0•A.F.F. CONCRETE TA.WALL EL=28'-0'A.F.F T.O.WALL - �-___- \ .T.O.WALL front facade. facade articulation,visual variety, GOMEZ•SWIFT•O'BRIEN BRICK COLOR 1 1 '= ' ••fitifitifl•fitifitifl•fit==== J!, �� b. Roofs with pitch greater than 2't2 use n/a and/or architectural detailing. CAST STONE L=___ ii Required Yards sp c fied oofing mater als 5310 HARVEST HILL ROAD ie i r i DECORATIVE LIGHT �-��r�l�lai- - imam. �:�.LI �rr�l., - �rr�l c. Buildings should copy arch.styles&details / a. Copy same style entire block. ✓. SUITE 146,LB 156 FIXTURE _ _ — — �I., BRICK GGLGR 2 - = - design themes,materials,and colors of the • future buildings will be same design style, DALLAS,TEXAS 75230 � --Pa- — - - — �I�� I g p9 9 (97,385-9651 A ACCENT BRICK,�._z - surrounding new development context w/in this desi n relates to existin center as well ! iii III P ii _ ''f __ '' '� i i _ -- ��I 200'of a corner. FAX (972)385.3462 A. Building Articulation a. Walls not exceed height width ratio of 112 a. Application of base standards to www.GSOarchitects.com Form,&Massing w/o variation in massing of facade. Min.25% ✓ facades not facing a public street. ✓•• METAL AWNING / CANVAS AWNING g of facade offset at least 4'. •• EIFS cornice,25%of facade offset 4', b. Entrances emphasized with arch.elements. ✓ brick.Use ofearchitectural detailing and/ /,,,,evations Z E~ e or materials to provide variety In C Z Gi Z I\ I I I\ I\ I\ I I °•�L I\ c. Ground floor facades require specified visual appearance. a H O W „.� �L features along 60%of length- ✓ ...brick detailing,EIFS cornice,decorative a y light fixtures&awnings. Architectural a. Buildings in NS&CR Districts shall be ✓ a. Buildings with pitched roofs H Cd IV W W? Compatibility compatible with surrounding neighborhoods. meeting min.requirement of III H 0 PARTIAL PLAN& residential development. D v H a z b. Buildings in CC District or within 200'of n/a y W Q fit O .., 01 FRONT ELEVATION residential areas shall be arch.compatible. b. Buildings with hip roof sections, dormers,or two or more gable roof Z H AI I,_, � W sections at right angles to ea.other. 1 a >Z fL 0 w W I. W H H fn W c7 EIFS CORNICE MEDALLION TEXTURED CONCRETE EL=20'-8"A.F.F. Fail A.F.F. EL.-24'-0•AF.F T.O.WALL T.O.WALL EL.-24'- T.O.WALL T.O.WA ISSUE LOG NO. DESCRIPTION DATE 71 i / / \ \ \ \ SUBMITTPLALAN 2/23/06 SITE PLAN --- REVISIONS 3/10/06 UPDATE DESIGN RE(P 7 "' 1. ..e 1 ..m m.° ro.g TO NEW CODE 3/15/06 PARTIAL PLAN& 02 REAR ELEVATION In„,=,0 NORTH coPVRIGHT©zoos GSo Ar�nite�ts,Ins. THESE DRAWINGS,OR PARTS THEREOF, MAY NOT BE REPRODUCED IN ANY FORM, BY ANY METHOD,FOR ANY PURPOSE, WITHOUT PRIOR WRITTEN CONSENT FROM Gs0 Ar�Alte�ts.Ins, EIFS CORNICE MEDALLION MEDALLION / EIFS CORNICE TEXTURED $TO=2WA LA.F.F. EL-28'-0•AFF CONCRETE �/ T.0.2WALL AF.F. CONCRETE TA WALL , R.R.AJJAW.O SA S-.J3 T , 1 EL.-24'-0'A.F.F. BRICK COLOR 1` TA.WALL BRICK COLOR 1 CAST STONE - CA5T STONE FD(T�RETIVE LIGHT IMI — --.— = DECORATIVE LIGHT —I��i�l■I�- FIXTURE BRICK COLOR 2 _ — BRICK COLOR 2 I� M. LISA LESLIE SWIFT ACCENT BRIC ' nor l� iiii ' l' _ss>ACCENT BRICK n _'i� _ ARCHITECT f li - �, REGISTRATION N0.17645 METAL AWNING / CANVAS AWNING OMMWA BAVRAO \ METAL AWNING DATE: SIGNED � C R JOB NO.:05-073 DATE: 2-23-06 n .°• \17 — 3-L. MI_ SCALE 1/16'=1'•0 PARTIAL PLAN& PARTIAL PLAN & SHEET NO. 03 SIDE ELEVATION 04 SIDE ELEVATION A5.1 CITY OF WYLIE PLANNING & ZONING COMMISSION AGENDA ITEM Agenda Item No. Meeting Date: April 4, 2006 Consent Case Name: Greenway— 78 Addition Action 2 Prepared By: Renae' 011ie Public Hearing Exhibits: Final Plat Miscellaneous Other AGENDA SUBJECT: Consider a recommendation to the City Council regarding a Final Plat for Greenway — 78 Addition, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). Item Tabled from the March 21, 2006 meeting. STAFF RECOMMENDATION: Motion to recommend approval to the City Council for a Final Plat for Greenway —78 Addition for commercial and/or retail uses, generally located south of F.M. 544 and west of S.H. 78. SUMMARY: The property totals 8.300 acres and will create three commercial lots. Lot 1 is 1.843 acres in size, Lot 2 is 2.036 acres in size, and Lot 3 is 4.421 acres. Currently there exist 2 buildings on Lot 3 of the subject property, a one story block building to remain and a single story wood frame building to be removed. The property was the subject of a zoning case in 2004 (PD-2004-43). The PD allows for mixed retail and light industrial uses. A Site Plan has been submitted for the subject property and is on the current agenda. The Final Plat substantially conforms to the approved Conditions of the PD that state that the parcel along the frontage of F.M. 544 shall comply with all regulations of the Community Retail District. The back portion of the subject property shall comply with all regulations as set forth in the Industrial District of the Zoning Ordinance as adopted February 27, 2002. APPROVED BY: Initial Date Department Director: MM \ 03/30/06 1 , II CURVE TABLE CURIE DELTA RAD/US LENGTH CHORD BEARING CHORD C1 17'29'26" 626.54 191.26 -- -- I - N 26'04'38"E 190.52 -- -- - p C2_ 7°33'32" 626.54 82.66 -_ N 12'38'16"E 82.60 4, C3 26'30'51" 636.54 294.56 N 22'02'29"E 291.94 C4 89'11'07" 20.00 31.13 N 46'13'27"E 28.08 F.M. HIGHWAY Na 544 �W- Q -- C5 88-23'30" 44.00 67.88 S 46,7'16"W 61.35 -- C6 127'13'29" 44:00 97.70 S 61'11'14"E 78.83 /�I./KIRBY Tl -- - -- - A C7 54'31'07" 44.00 41.87 N 27'56'28"E 40.31 (A VARIABLE MIDTH RIGHT-OF-WAYZr,-,,,, C8 89'46'01" 20.00 31.33 ) S 45'33'S5"W 28.23 s C9 72'50'12" 44.00 55.93 N 54'07'50"E 52.24 �02'14'OQ' 1 v C10 13'00'33" 516.88 117.36 N 11'06'27"E 117.11 R=5,669.58' . _ C11 90'22'04" 44.00 69.40 C12 N 44'22'02"W 62.42 .+�CUT w L=220.99' i 90'22'04" 20.00 31.54 S 44'22'02"E 28.37 1/2-INCH RON N 89'42'30'E ,C ROD FOUND(Cx) T=110.51' C13 83'45'S4" 20.00 29.24 S 48'33'59"W 26.70 126.08' C74 90'22'04" 20.00 31-54 N 44'22'02"W 28.37 �'32"E +"4/r. S C15 12'55'05" 492.88 111.13 s97.s3 E POINT Imo' C. 72'50'12" 20.00 25.42 N 11'09'11"E 110.89 _ _ CONCRETE 60.03' N 54.01'50"E 23.75 F FOUNDBC�y�_- 197.9 c V S64E 35.83 I ---- �`�� 51.26 � S 8�r'��'-'E } C19 88'23'30" 20.00 30.85 S 46'37'16"W 27.88 \ �- 198.32' C20 89'51'54" 20.00 31.37 N 44'15'02"W 28.25 \ L=73.70'I I ----- -- ___ + '-^ RF __--- 0 C21 5431'07" 20.00 19.03 I 1 10'CITY OF WILIE ESMT. ua 1se�X 2566431.63 -- N 2T56'28"E 18.32 S 02 08'29" •0 ,7054950.06 -_334.22' - (voL.2sss,Pc.53s) N 00'g'Op'E ____4 II (VOL.2880,PG.295) -is'qTY OF WYLlE ESMT78 37, I % 57.13'I I (VOL 4382,PG.1270) ' 67T-�__� ' L//1/E TABLE' -24'FQtE LANE EASEMENT L/NE BEARING LENGTH LINE BEARING LENGTH R=78.00'I I I f t (BY nosRE LANE 1\i, I Ll L=21.35' C L89Pun I N 00 26'17"E 27.27 L50 N 04'42'25`E 10.00 Er', 1 q100'R.O.W, S 89'33'43"E 10.00 L51 I \\ I Y L3 S 85'17'35"E 11.27 S 00'26'17"W 27.27 L52 N 04'42 25"E 77.84 I S 09 03'11"WI._ I 1� 1 L4 S 89'33'43"E 128.92 L53 N 8517'35`W 19.81 I I 51.29 N 06'41'02"E S 04 00'S6'W N L5 N 73'07'32"W 25.19 L54 N 04'42'25"E 10.00 LOT 1 I'- Bo.45 Ii J I 139.37' L6 N 1 E'52'28"E 10.00 L55 S 85'17'35"E 19.81 BLOCK A I j/ JL7 S 7307' "E 2519 L56 N04'42'25"E 33.97 THE GREENWAY ADDITION I I o R=12811' n EMENT a N 00'29'S7"W 46.27 L57 N 85'17'35"W 11.41 (CAB.0,PG.287) L=128.31' N (BY THIS PLAT) : S 89,0'03"W 10.00 I I LOT 2 _MEM N 00'29'57"W 10.00 � I I 2.Q36 ACRE$ S 03'39'54"W El w r I" ELM ®N89'30'03"E ®N 00'29'S7"W I I I (88,701 SF) 41.11' Ls1 'w m ( IRF 2 ® •• •• o N 04'S1'44'I LOT 1 IS-il S 00® umunmwrimmum --130.32' I-- f'. I Loa 55.19' `E 1.843 9 CRES ) ) LOT 1 Na 1 KIRBY 78 ADDITION s o0 2s'17"w IIMENIIIIIIIII• '�' (CAB.N,PG.411) IMISIMIENTIMlin® S 01'00'17"W 6.98 I MEM 10.00 INEMININTIntin cia a7 NEM 10.00 ,y, 1 y3� N 00'2617 E�® I I I ,k,/ ®� N 01'00'17"E MIMI ® �� I I tal I i g 02'2 09"IE CREEN'''''.OLUMBIA,L.F. ! Z'-& 1 INEEMIZErana J N 6' ® ® • I I Ut S O1'37'53"W J 1 59.84' (10 u.?6, C.1681) I�c�n Y ' ® 10.00 ® !n IITEMNIIMMI 40'DRAINAGE&UTILITY jASEMENT I Or '. �� ® • ® N N 87'46'04" I I $ • ®® (voL.o,Pc.267 f"�- W 318.02' cP `'"� rn I N 89'33'04"W�'� • 10.00 61 0� -1l,,,. S 00'26'56"W® %J L9, e �� ®N 55'32'30"E 176.14 - _ -�-- �S_4,5'26 pg yy I I -_ ° Mil L4$�L9fi V: ry �l�S 89'33'43"E 49.21 I L 64 c2 /1 1 �.)Q.49r ��®S02'OS'29"W 1 y.r14F��IJ�j�y�I7� 10.00 -, S 09'03'11"W I I L L4z -10'WATEREASEMENT Las R=522.89MEM • _M"' LOT 2 a j: �/°q ,® �� BLOCK A I -► (BYTHIS PLAT) N 02-03'53"E f /.'\L=439.7Q' / ®► .•: THE GREENWAY ADDITION I I I i 81.98' j /// T=23 I I 1 CD=S8547IN2 /m -- __ __ __/ _ / imirrimmon� � 191.06 I I I I W N 89-11'00"W ••• N 00'40'55"E I' 210.16' / / / I I / I I I� MIMI N 00'26'56"E 1®�®,�N 00'49'00"E -' •. I^ 1 1 � r®• ®® N oo®® I I I I BLOCK A m iil V_ /0/ /// / .,'"$/ ■ •• N 89'33'04"W I I 8.300 ACRES " / /// ® N 00'49'00"E 60.68 I 1�I (361,555 SF) I / MEM N 88'26'16"W 1 I I / / �c� • •• 170.00 I Im I /// Nom S 88.26'16"E • I��S 02'26'09"W : $87"27'02"E -10'WATER EASEMENT / ®® '�'" � I 50.01' I �� LOT 3 `� L (eY THIs PLAT) J // / S O6'41'02"W • • I -_ Ili /�° - 11�- /2o3.s8 5/8-INCH IRON 4.421 ACRE$ L15 �jr,' �S 89'11'00 E�'c:' ROD FOUND (192,563 SF ® 9® S 00'40'S5"W X:256576224^ 1/2-INCH IRON ) / `'�� / 7 / Y:i054505.30 O I (OD OUND II I / J �✓r/-/ WYL.IE�I i /�5�// I' V � IV ��l :•iLE WILLIAN• I O 1 1 // / 1 / / F.M.544NPR // / � � OO� / / � KIRBY CIT� �' 1 I o / 'r- _`�� NI 1/2-INCH IRON L40 :�p ��i I p ROD W/CAP'PATE �a p / y'l ELL_ ' ' i \ 7 IRF / `S PROJECT LOCATION 3917"FOUND r�� L7o / / \ I Z yy-33 L25 Q,�7A''''....1 NONE l.J IMI N 87 53'07"W IRF S 52'11'16"W // � HIT OLLIN\COUN7Y 50.22' JI34.25' / , MAPSCO 1OA A �'�2y9 I I 10'WATER EASEMENT WCiN/TY MAP 0• 11/2-INCH IRON 7 /�(BY THIS PLAT) ROD FOUND I / I I % S 55'10'40"W (NOT TO SCALE) `moo / I489.18' I V i E N 02 24'14'E fr.4 s I `2.38' 1 V a , MATCHUNE(SEE SHEET 2) SHEET 1 OF 2 W FEINAL PLAT It - GREENWAY - 7E ii g 1. flooring system for this survey Is based on a bearing of North 02 d ®- fV _ 3 LOTS `� minutes,56 seconds East,fora west line of that tract of land described.3 G7 d. �' 8.300 ACRES Q ' Special Warranty Deed nth✓endors Lien!o o Volume 5890,Page 5358 of the Deed Recordsraf Collin CountX Tezo�o�ed m IRS 1/2-INCH IRON ROD I ;��' ` Wf"PACHECO KOCH"CAP SET O 20 4D 80 120 , ] LOCATED IN THE CITY OE U' (C.M.) CONTROLLING MONUMENT WYUE,TEXAS m 2. The coordinates shown hereon refer to the Texas Coordinate System of 79B3, PROPERTY LINE , F 0 2, ?�06 III` AND BEING OUT R I i North Central Zone,based upon City of Wyfle Monument,M2' CM3 GRAPHIC SCALE IN FEET OF THE ----EASEMENT LINE f._ -� N E.C. DAVIDSON SURVEY, 3 Selling o portion of this addition by metes and bounds!s a violation of Clty FIRE LANE ABSTRACT NO.267 '3 Ordinance and Stofe Law and is subject fo fines and witholding of ut7/idea and DATE RECORDED: COLLIN COUNTY,TEXAS i building permits. APPLICANT: PACHECO KOCH CONSULTING ENGINEERS OWNER: CAB I NET: DALL N.CENTRAL EXPWY.STE.1000 GREENWAY-COLUMBIA,L.P. 111 Pacheco Koch Consulting Engineers PAGE: 835LAS,TEXAS,75206 2808 FAIRMONT,SUITE 100 CONTACT:RODNEY HITT DALIAS,TEXAS .8350 N.CENTRAL EXPWY_ .......,,.,,, _...-_ PED/CA T/ON CERT/F/CA TE PRESENTS: by adopt this plat designating by and through their duly authorized representatives lViway — 78, an addition to the City of Wylie, Texas, and do hereby dedicate to " ver, the streets, alleys, public use areas and easements shown thereon. The Recommended for Approval reet purposes. The Easements and public use areas, as shown, are dedicated to forever, for the purposes indicated on this plat. No buildings, fences, trees, shall be constructed or placed upon, over or across the easements as shown, Chairman, Planning & Zoning Commission Date 2e placed In Landscape easements, If approved by the City of Wylie. In addition, mutual use and accommodation of all public utilities desiring to use or using the to particular utilities, said use by public utilities being subordinate to the Public's 2f Wylie and public utility entitles shall have the right to remove and keep removed "Approved for Construction" shrubs or other Improvements or growths which may in any way endanger or e, or efficiency of their respective systems In said easements. The City of Wylie have the full right of Ingress and egress to or from their respective easements 'ling, Inspecting, patrolling, maintaining and adding to or removing all or parts of Mayor, City of Wylie, Texas Date city at any time of procuring permission from anyone. rnd agree that they shall construct upon the fire lane easements, as dedicated and "Accepted" gy shall maintain the same in a state of good repair at all times and keep the ep ces, trees, shrubs, or other Improvements or obstruction, Including but not limited )oats or other Impediments to the access of fire apparatus. the maintenance of esponsibility of the owner, and the owner shall post and maintain appropriate signs r, stating "Fire Lane, No Parking". The Fire Marshal or his duly authorized Mayor, City of Wylie, Texas Date duly authorized representative is hereby authorized to cause such fire lanes and d unobstructed at all times for fire department and emergency use. unobstructed ►ency use. rdinances, rules, regulations and resolutions of the City of Wylie, Texas. The undersigned, the City Secretary of the City of Wylie, Texas, hereby certi Green way - 78 subdivision or addition to the City of Wylie was submitted t• Texas, this day of , 2006. of 2006, and the Council, by formal action, then and there accee easement, public places, and water and sewer lines as shown and set forth further authorized the Mayor to note the acceptance thereof by signing his eral partner Witness my hand this day of , A.D., 2006. City Secretor} City of Wylie, rotary Public in and for the State of Texas, on this day personally appeared Todd Greenway-Columbia, L.P., known to me to be the person whose name is f acknowledged to me that he executed the same for the purposes and CITY OF WYLIE PLANNING & ZONING COMMISSION AGENDA ITEM Agenda Item No. Meeting Date: April 4, 2006 Consent Case Name: Parkside Addition Phase I Action 3 Prepared By: Renae' 011ie Public Hearing Exhibits: Final Plat Miscellaneous Other AGENDA SUBJECT: Consider a recommendation to the City Council regarding a Final Plat for Parkside Addition Phase I for single Family residential uses, generally located at the northwest corner of FM 544 and FM 1378. STAFF RECOMMENDATION: Motion to recommend approval to the City Council for a Final Plat for Parkside Addition Phase I for single family residential uses with the condition of the developer providing a second point of access by connecting Lakefield Drive to FM 1378. SUMMARY: The property totals 76.6047 and will create 116 single-family residential lots. The subject property is part of the larger Parkside Addition Planned Development District (PD 2004-42) consisting of a total of 100.0994 acres. A large portion of this tract is occupied by the Muddy Creek Floodplain, including the Muddy Creek Reservoir, and therefore is not developable for urban uses. Lakefield Drive, a 65 feet wide east-west collector street, will connect to the existing Lakefield Drive at the western border of the subject property and the Lakeside Estates Subdivision to the west. The developer must extend Lakefield Drive eastward beyond the subject property's boundaries to connect with FM 1378 (Country Club Road). The Development Plan of the PD served as a preliminary plat and was approved by Council in 2004 (PD-2004- 42). APPROVED BY: Initial Date Department Director: MM \ 03/28/06 1 AGENDA SUBJECT: Consider a recommendation to the City Council regarding a Final Plat for Parkside Addition Phase I for single Family residential uses, generally located at the northwest corner of FM 544 and FM 1378. SUMMARY (Continued): 43.76 acres of public park dedicated to the City of Wylie, including the Muddy Creek Reservoir and 2 points of public access and trailheads for connection to a future trail system along Muddy Creek. Housing that backs on to the park must have visually-open wrought iron fences rather than wood stockade style fencing. The Final Plat substantially conforms to the approved Conditions of the PD that state residential lots shall not exceed 230 residential lots with a minimum lot size of 7,200 square feet and minimum dwelling size of 2,100 square feet with 35% of the total houses for the entire Subdivision exceeding 2,200 square feet. o T 9 I z,,, -60 \a Bearings for this plat are based on the deed �' r the subject tract as retarded in MATCHLINE (See Sheet 2 :14)I -I - - I TNYLIE 7s�J l a]2.8me 82i.Pa9]2.89](DRCC]2.e T ]2.8T 58.OY ]1� I T) T 0'1� 8]a s\ d.Q� I� I Vo1.711 C 552,ITY FPage 1279 Huntin ton Driv N89'S8'54' 71,7. .64g ,95.09'�^' 70.84rN8958'S4"E_221.68' (N io.m io.oi 70.0,• 7o.G,• '�io.o1• 7B.o1• ,06.z60 - oN 40 41 tia'�%a l� ro o 0 o N `) I W W a a a u 37 38 a N 39 N y 7 62.01'-ssoe 25'BL s � 1 f g n - - - 9-+ 36 y u, 6 zseL 29 30 , 31 32 ti u 33 w 34 35 8^, 8; N a- 22.04• c7� /- caq a m 31 �I^ `' 2.,-., $m a, z5'a�"_ 4,.� °�y lo i�e m$ _o zs' zs' L $ry 25'BL '� a F ,fo.J6'cL-74.@4_ 7y.H4_ 2184- 1'44: -."C. CJ, /� m 1 s'� 5820.0 I"E 72.88' ]I.6]' 7,.6]' 7,.6]' ]1.67' 71.67'--71_67_ I '4, \ e 35 u�34ua 33mo 32 W 1za.ao• L ----T------- - C30 ..' a u g m ro a C9 �, S86:3809'•w - n n a N82D9.2o w °��''D •m E "^ 30 0l CS _ - J66.00' _C29 ro A. _ 118.99• 2 Iro 58757 6Irol N DEWSBURY �, DRIVE - ;600 -7600-6,.47 b I^ 2 8 a 2 _ ]6.00 I 120.00' _ -_ N ]6.52 o J,.28 ry ail _�r41.92' N G 80.I1 72 98 ]2 98 72.98' 72.98 ]2.98' ]2.98' 0 25'BL o o U ,J26' 589'55'29"w I� 62.09' 55.03' 55.03' S191' 29 vqI w ' ' N$ 9 7 o Q g N o N 11 N 1 2 L 12. d. 62.04' 161.97' hl eol ti I F 3 T m 25'BL yi 2 c. 1"• °� 588'10J1"E �7/m -a N n-'4' 8 �' 10 u sa7sr,1"E ja 8g' xh wti° uo.aa' I31 1 Z 3 $ 4o$m 5 6 V - �'s' �F �''yfo'uE o'roan m37 °� 28 lad POLE g ry `� C6 E m a 3 a 3 a F 7600. ' ]6.00 85.56' I ia a I 589'55'29"W B ]6.52'm ]6.00' ]J.56 o d O f 0.00 m m a o 74.66' 1„ - 36 Z 4.4; 3 a 56 57'11'E 8,.38'_ 79.66' 74.66' ]6.66'\ 76.66' 74.66' _ 60.E 60;00• 60.00 24 01 N 4, + 'C' a m 120.00' I rot m 168.01' 60.00 a; F 59.72' S9.7z' S9.]2' 6J.2. / 60A0' N'0 P`%$ 2710 LE� "' 99.]2 59.72' 59.72' 59.72' rl , ro i-�1.ea•• 38 W ,6.52' % _o w - 13 589•s529'W 2 ?/ - u, `° Q I m1. „ _o o ^, O-ti - v; a N. 16 ro N 15 �' 14 25' 25' 120.00' rot 01 % N se7srl,'E I ti g ZO o 19 '6118 a- 17 2.4 4 5 Z - 120.00' 21 27 a 26 o R 25 m a Z4 o a 23 o m 22 o a 21 -e a. m'1ou s.fa' 1 Jul 8•v e a o`$ 1°'158TI1'21"E 26 I�i 2- 2- yQi s' a m a ^1 '^ 16.5' m n 25'BL 0� m�� ,J \589'55'29"W N Lakerid a ro °) - - zS BLS - - NA,- 6U0_- 1 G' b°e Ln.h 6].J)' N8 V f08.09' 0. La 8'24.-gl.4fi'-EL.06- 6LQ6__61.Qfi'-'S>-1.01L-6L96_�,42.6 4Zz 54.43'1rE� al CITY OF WYLIE 58J'5]'fl"E�� >"" 6 Vol. 5852, Page 1279 ^/`�' 110.35' S4]'16'10W CS '^ 586'3B'09"W "�N8J 32' '54"W ♦ 1y _ u - .. m1 21.IJ' Cd _ �� a 406.80' 7 65:B0' 4096 ♦� 39 3 4. - N �" _C3 Z e ry n ZS oz CENTRAL PARK „ DRIVE 60.o 6o.oe 409° a n1 _ '\J9.1J 60.00' 60.00' 60.00' '�'S1' 1 1g4, \\g.9 Non 96 Po' q,AS 59.]J 59.7J' 59.73' 59.73' 59.73' 59.73' S9.]J' 9.7J' 2 1 ,v'r�f' �`,\ , a a"`b} 1692 259L - - 20.78' ,n ,m 41 B z '\� ro 04,,,oy, 75bE-1 ul o _a a y; V-. t s' 3 W 3 _o _o o _� o �•' N 1Z oN 11 o N 14 oN 9 +'N 8 7 "a 4O \\ 'I h Z3 a$ 22 $ Z1 o ZO n N 19 $ 18 V 17 n 16 0 15 o i3b 1 4 V 13 a- �^ $- STATE PLANE COORDINATES STATE PLANE COORDINATES I5'0E 3 24 oI Io `." $u $U u' $°i a' a Fil N-7,056,526 E-2,557,551 N-7.056.326 a�n u, ro z 2 4 m m° 0A a E-2,557,551 5.90' '° m 51.0J'\_ Pe v I 75'0Ea ]1.]5' 129.95' �I]J:6J• I I 21.42' 60.00' 60.00' 60.00' 51,03' a 6a 0d N84'70' __ 149.71 61.7]' 6,.5]' 61.5]' 6f_5]' 6f.5]' 6f.5]' 6f.5]' 6,.57_ 6,.57' J9.13' 60.00' 26"yy _ 586'38'09"W 540.83' Ej DALLAS AREA RAPID TRANSIT I PLACE OF BEGINNING Vol. 3424, Page 126 F. M. 544 (120' ROW) °r X...tr LEGEND I i FINAL PLAT p \ DE - Drainage Easement I I PARKSIDE PHASE I BL - Building Line UE - Public Utility Easement 1-- --SUE 5'UE- MOSES SPARKS SURVEY•v ABSTRACT NO. 849 I g' _ I CITY OF WYLIE, COLLIN COUNTY, TEXAS °,°w„,.,mar\ - House to face this street I I OWNER 1 i _ Indicates Street PARSONS - WARNER, L.L.C. °a�T A Name Change 4925 Greenville Ave.- Suite 100-• Dallas, Texas 75206 TBAcr _ ---- - 972.250.2325 a,.a.. ° �" 5""� OS - 1/2" Iron pin with a cap ENGINEERING/SURVEYING/PLANNING / stamped Tipton Eng.. Inc. set L 71 TIPTON ENGINEERING, INC. d P P 10'Public Utility STREET Easement NOTICE: Selling a portion of this addition by metes and 0330 Broadway Blvd-Suite C-Garland Texas 75043 OF - 1/2" Ironpin found bounds is a violation of City ordinance and state lax and is 972.226.2967 / Typical Public Utility Easements subject to fines and withholding of utilities and building permits. 118 Lots-3,935,757 97. 78.5784 AC 3/1/08 #4741 l. r , _ . i LEGEND T A ,7. DE - Drainage Easement,a 1 BL - Building Line �� UE - Public Utility Easement MIXT TRACT A a „. (,, - House to face this street / O - Indicates Street 60 JO a 6a ,}0 1 Name Change OS - 1/2" Iron pin with a cap Bearings for this plat are based on the deed for the subject tract as recorded in „„ p � stamped Tipton Eng., Inc. set I volume 5821,Page 1697(ORCCT) ®- 1/2" Iron pin found I I I MATCHLINE (See Sheet 3 Of \\ PARSONS WARNER, L L C -s'uE WOMEN \ Vol. 5821, Page 1697 I s'uE-I 1 ....... Eetst. 20'Sanitary \v \ I \ Lot 1, Block X I Sewer Easement \ \ Volume 4720,Page 1525 A_ _ \ Open Space/Drainage Easement 369.17' -��_____, To be dedicated to the City at Wylie 2 N8935'22"W S, 1,906,201 s4. ft. N `, -_IL----_L- -� t 43.7603 acres 5- 6'• • ��192.J4' _ Ate• STREET L,a.Public Utility Easement _' 589'5 1' "E 2 27 J9J.45'4B.J7' u' - 65.08 Typical Public Utility Easements a ]5.64' ME OPLE TELEPHONE +5•BL 1 set- 5o•tim so \ CC# 94- 054252 h 1 "� 6 9 ' 3.2 �� \\\ e o m 25' z51 a' naa rj '�„ut ohi I� del Ne]srrr"w I :�^ a c' NN895529 "E `< w 15s7• se 82.49' N) o 120.00'E r'�I I 122.00' ' 22 4510 1� 50... •6. ,i1 I, 7+0'0E--I - ST j3011 \$ C,5 /C�1 1 , -1 Iry 2 I 21 4 In $I e0.00 ;,„ S6a. 4,' \\c', �y `� 10'UE 4, 2/' \ Qt1 m o NB]'S]'l+"W 3 z5'BL S> f O �I 58z ,..E I I I'� II 122.00• L. e 4 �� © 2 6S. ED 3 8 C,a z1.5s� ��✓G �2 l ND D m m f22.J2' 88.09' �e�\' Io W ry IOLEI -„ B]J6' J6.66'J6.9]'_ 57.09' IJ6.fY\ u _ Hideaway Ct. m se]srrr"ELII II IBZ36' 7f.62'�-71.62- \29216 as.Jz \9 17 a µ 120.00' N875 J'1,"W 71.6J' ]I.62 ]I.62' �.+ IV Nsj N I o e_ N I W 5B9'44'04"3 2 0 _obl .� 3---.4 m ZItl 387sr1,T nl, U 9 1D e 8 11 12 13 a a 14 a g 15 16 \ C20 120.00' I 2 v N oo.u 'r �' /�O N5]'4.i'59"E AIL sm m d Z m $^ n 25•BL _ 25BL ,./ 10.00• p 5 ao_II i in 120.00' LI N _ C12'J- - - _ //, \ 6 I i N. PARKHURST e„ COURT " _ _ _ -7-ao, 7I.ao' 500001' .o°, I 5873]'if"E m I �]8.2J -71.14' ]f.,d' ]f.id' ]1.14' ]f.,4' S6.69 0 14.64' N I o 1z0.00' 25'1 25 I� W -3- 2 25 BL 20 14.53 0 25 9L 0 o N Now 1 8 Cr.E \1\ ,� FINAL PLAT o v o N 20 19 PARKSIDE PHASE I I 7 ry ' 28 n 8 27 8 8 26 , 25 W 8 24 o w 23 m 22 - 21 a g N94'20'JS"F\ �� $m a J9.96 \ MOSES SPARKS SURVEY ABSTRACT NO. 849 L .... 1_J MOLE °N o f C10 ' o i © m o 86.19• .. ]9.52' ]2.8T 72.8T 7z.87\. 72.8T I ]2.8]' ,58.047 7,.00' ]1.00' 101.26' 's CITY OF WYLIE, COLLIN COUNTY, TEXAS Huntington Drive, - PN899854 o 7+.77' 60.60--]0.84r- .84' ]0.84 ]0.84' o OWNER N8958'S4"E 221.68' � -145.09' I -�o.ai-io.o1-'-7o. •- io.o, -f70.11'-70-01� 10.12' 0 0 6 o a N 41 PARSONS - WARNER, L.L.C. _ __ o _ W o u U NN N w o 0 0 - -e, ti 37 N 38 - 39 40 4925 Greenville Ave.- Suite 100- Dallas, Texas 75206 52.01• S5.00 55.00 . 9] ��I - -•- ^: s 'y - o N w zs B I�r iii 29 .„^,0 30 -2$ 31 a g 32 �' 33 q 34 a.w 35 $V 36 $ ar q_ �. 972.250.2325 $ s 25 B=4_ ENGINEERING/SURVEYING/PLANNING z� ,o.J6 �^ � 11L 1__'_-m- Im - 71 TIPTON ENGINEERING, INC. 4 MATCHLINE (Seem Sheet 1 Of 4) NOTICE: Selling a portion of this addition by metes and 9330 Broadway Blvd.-Suite c-Cerlaad,Texas 75043 bounds is a violation of City ordinance and state law and is 972.226.2967 subject to fines and withholding of utilities and building permits. 118 Lots-3,335,757 SF/78.5784 AC 3/27/08 #4741 o T A / Lot$ DEBORAH J. MULCAHY Lot 6 — 93-0073282 Lot 8-A ioa so 0 fao zoo ________ N89'S8'48"E 1003.75' ____________ - —— —— ti Bearings for this plat are based on the deed ry I o1 I for the subject tract os recorded in Volume 5821,Page 1697(DRCCT) I d' LEGEND I3 MAP Lot 7 DE - Drainage Easement , "_• reLOCATIO ,<... BL - Building Line �' UE - Public Utility Easement m. I N A - House to face this street 4 THOMAS MANNEWITZ I _ Indicates Street 92 0064130 A Name Change / gg 'aw a ' Sag 56'S3"E_ 434.81____I I 4 g 00 OS - 1 2" Iron in with a cap -53'2s'5s" 1 / P P R=353.88• I MRCS RACT o h�IA stamped Tipton Eng.. . set / `r=na.3T a..w.. awr Tx.er" ear i �'GI L=3J0.44' g OF - 1/2" Iron pin found C8=N30'42'08"E J i CL=318.56' // 9 1 e� �g/f d5,,p1�•� b�' "a'� 55 CO C cri 2. b ,n o i 559 CA O O < \ " CO ` \,'�r,� Lot 1, Block X Z ' " ^y, Open Space/Drainage Easement p�j + CilN28U3'37"W A `' '4b`> To be dedicated to the City of Wylie ESQ. r-5'VE ▪ eft 163.62' 1,906,201 sq. it. ��. I N tK"' SUE CO OZ E 43.7603 acres \ I I Du. N11 59 54� .1 PP1 12,- �Y1. CO BO coI 6=18.10'29" t PARSONS WARNER, L L.C —J L———— — R=585.00• t `‘ -- sestunrc Vol. 5821, Page 1697 2L T=93.57 ' r---__----E. CO L=185.57• Public Utility t\7 CB=N 44"W ---------- -----------------gip•- __ \ STREET Easement n CL=184.79', __- ; __ ____4 \ Typical Public Utility Easements / W I v" N89'57'29"W rj iol 120.00' o;1I a i5'5]'3J" \N, 2^ R=835.71' \ T=117.15' �.szs I .ra / L=232.78' CB=N81'52'39"W m, CL=232.03' o, FINAL PLAT a 'Sheet 2 of 4) PARKSIDE PHASE I sass _ ' See a MOSES SPARKS SURVEY^, ABSTRACT NO. 849 w _ __ a — _ "�,_ �HLMIE CITY OF WYLIE, COLLIN COUNTY, TEXAS a;.., -7-:.-----:-P OWNER / ;�u PARSONS — WARNER, L.L.C. _ I 1 I " r 4925 Greenville Ave.= Suite 100= Dallas, Texas 75206 ME OPLE TELEPHONE 1000,1 .,-h 972.250.2325 x CCp 94- 54252 ENGINEERING/SURVEYING/PLANNING 3 TIPTON ENGINEERING, INC. 0 u 0330 Broadway Blvd._Suite C_Garland.Texas 75043 — bounds a a portion of this addition by metes and bounds is a violation of City ordinance and state law and is 972.226.2967 subject to fines and withholding of utilities and building permits. 118 Lots-3,335,757 SF/78.5784 AC 3/27/08 #4741 STATE OF TEXAS )( CURVE TABLE CURVE RADIUS DELTA TANGENT LENGTH CHORD BEARING NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: CI 50.00' 27000'00" 50.00' 235.52' 70.71' N38'3254"W COUNTY OF COLLIN )( C2 50.00' 163J1'66" 345.47' 142.71' 98.97' S425052"E That,PARSONS- WARNER,L.L.C.,acting herein by and through its duly authorized officer. C3 5509.58' 527'55" 262.97' 525.53'525.33'N89'22'06"E does hereby adopt this plat designated therein above described property as PARKSIDE C4 5484.58' 5'56'02" 284.27' 568.03'567]]'N89'36'10"E OWNERS CERTIFICATE PHASE 1,an addition to the City of Wylie, Texas and does hereby dedicate to the public CS 5459.58' S'4026' 270.55' 540.66'540.44'N89'28'22"E e forever the easements and rights-of-way as shown thereon. The easements shown CO 5339.58' 5'40'48' 264.88' 529.33'529.II'N8928'3YE hereon are hereby reserved for the purposes as indicated. No buildings, fences. trees, C] 5219.58' 5'4110" 259.21' 518.00'51718'N89'28'44"E 4741-OC shrubs cross or other easementsimprovements end or growths s be constructed or placed upon,overC8 5194.58' 5'57'47" 270.56' 540.64'540.39'N89'J7'03'E WHEREAS,Parsons- Warner,L.L.C., is the own. of a tract of land situated in the Moses Sparks Survey.Abstract the dright-of-ways asshown.o Said utility easements being hereby C9 5f69.58' S'4f'20" 256.85' S1J.2]'513.06'N89'28'49"E No.849,City of Wylie,Collin County, Texas, subject tract being a portion of a tract of land conveyed tom reserved for the mutual use and accommodation of all public utilities desiring to useor Parsons- Warner,L.L.C.,according to the deedeed recorded in Volume 5821,Page 1697 of the deed records of Collin usingsame s e unless otherwise specified. All and any public utility shall hove the full right to CIO 5049.58' 5'41'43" 251.18' 501.94'501.73'N89'29'O1"E and keep removed all or parts of any buildings, fences, trees,shrubs orother CII 4929.58' 5'42'08" 245.51' 490.61'490.41'N89'29'13"E County, texas(DRCCT), the subjecttract being more particularly described as follows; vimprovements or growth which may in any way endanger or interfere with the construction, C12 4904.58' 5'59'45" 256.86' 513.25'513.01' N89'38'01"E BEGINNING at a paint on the north line of a tract of land conveyed to Dallas Area Rapid Transit.according to the maintenance or efficiency of its respective system on the utility easement and all public CI3 4879.58' 5'4219" 243.14' 485.89'485.69'N89'29'18"E deed recorded in Volume J424, Page 126(DRCCT),said point being the southeast corner of said Parsons- Warner, utilities shall all times hove the full right of ingress and egress to or from and upon the C14 4759.58' 347'56" 157.85' 315.58'315.52'N88'32'07"E L.L.C. tract,said point further being the southwest corner of a tract of land conveyed to the City of Wylie said utility easement for the purposes of removing all or port of its respective systems C15 50.00' 180'00'00' INFINITE' 157.08' 100.00'583T13'22"E according to the deed recorded in Volume 5852,Page I279(DRCCT); without the necessity at any time procuring the permission of anyone. G16 600.00' 2'04'17' 10.85' 21.69' 21.69' N8852'19"W C17 600.00' 4821'52" 269.43' 505.47'491.57'N5405'37"W THENCE,along the common line of the south line of said Parsons- Warner,L.L.C. tract and the north line of said C18 632.50' 59'59'46" 365.15' 662.31'532.45'N595434"W Dallas Area Rapid Transit tract the following; C19 665.00' 59'59'46" 383.91' 696.34'554.95'N595434"W WITNESS MY HAND this day of ,2005. C20 50.00' 27000'00" 50.00' 235.52' 70.71' N48'2151"W 5 86°38'09"W.o distance of 540.83 feet; C21 665.00' 2419'03" 143.28' 282.24'280.13'54204'12"E C22 632.50' 35'49'21" 204.43' 395.45'389.04'547'69'22"E Along a tangent curve to the right having a central angle of 9° II'25".a radius of 5679.58 feet.and a chord of PARSONS- WARNER, L.L.C. C23 600.00' 3424'38" 185.79' 360.35'354.95'54707'00"E N 88'46'08"W-910.03 feet,an arc distance of 911.01 feet; C24 665.00' 827'I3" 49.15' 98.12' 98.03' 562'66'03"E C25 225.00' 3122'23" 6319' 123.20' 121.67'515'36'60"W N 84° 10'26"W,a distance of 51.03 feet; C26 250.00' 33'4218" 75.73' 147.07' 144.95'515.45'38"W By C27 275.00' 1827'61" 44.69' 88.51' 88.23' 52229'19"W THENCE.along the east line of Lakeside Estates Phase III.an addition to the City of Wylie according to the filed C28 275.00' 245'47" 6.63' 13.26' 13.26' 591'18'23"W plat recorded in Cabinet N.Page 303(DRCCT)the following; C29 975.00' 150'18" 15.64' 31.28' 3I.28' 58733'18"W C30 1000.00' 327'37" J0.21' 60.39' 60.39' 5882158"W N Or 55'22"E,a distance of 567.94 feet; C31 1025.00' 2'18'21" 20.63' 41.25' 41.25' 58747'19"W N 89'58'54"E,a distance of 221.68 feet; THE STATE OF TEXAS )( C32 50.00' 16027'03" 290.24' 140.02' 98.55' N43'16'49"E N 02.02'49"E,a distance of 656.69 feet; COUNTY OF )( CERTIFICATE OF COMPLETION THENCE.along the north line of Lakefield Drive(a 65'right of way)the following.. N 89.55'22"W,a distance of 369.17 feet; BEFORE ME, the undersigned authority,on this day personally appeared whose name is "Recommended for Approval" subscribed to the foregoing instrument and acknowledged to me that the sames the act ppro"a Around a non-tangent curve to the left having a central angle of 75.57'33",a radius of 835.71 feet,and a of said PARSONS-WARNER,L.L.C.,and that he executed the sameas the act of such chord of N 87.52'39"W 232.03 feet.an arc distance of 232.78 feet; partnership for the purposes and consideration therein expressed and in the capacity therein stated. Chairman Planning&Zoning Commission Date N 89.51'25"W.a distance of 49.54 feet; City of Wylie, Texas THENCE,N 15.04'47"E,a distance of 140.94 feel; GIVEN UNDER MY HAND SEAL OF OFFICE, this day of ,2006. "Approved for Construction" THENCE,NOW 02'J1"E,a distance of 175.88 feet; THENCE,N 89.57'29"W,a distance of 120.00 feet; Notary Public in and for the State of Texas Mayor,City of Wylie, texas Dote THENCE.N OW 02'31"E,a distance of 42.86 feet; THENCE,around a tangent curve to the left having a central angle of 18•10'29".a radius of 585.00 feet,and a chord of N 09.02'44"W ur184.79 feet.on arc distance of 185.57 feet; SURVEYORS CERTIFICATE "accepted" THENCE.N 71°52'02"E,a distance of 129.54 feet; I,DARREN K.BROWN,Registered Professional Land Surveyor for Tipton Engineering,Inc.,do THENCE,N 28.03'37"W,a distance of 163.62 feet; hereby certify that the plot shown hereon accurately represents the results of on on-the-ground survey made in September,2004,under my direction and supervision,and further certify that all Ma)nr,City of Wylie. Texas Date corners s shown thereon,and that said plot has been prepared in accordance with the THENCE,N 31°20'52"W a distance of I42.00 feet; ore plotting rules and regulations of the City of Wylie, Texas; THENCE,N 58°39'08'E.a distance of 107.79 feet; The undersigned,the City Secretary of the City, Wylie, Texas,hereby certifies that the foregoing final Dote: This the Day of ,2006. plot of the PARKSIDE PHASE I subdivision or addition to the City of Wylie l submitted to the City THENCE.N 00.03'77"E,a distance of 105.42 feet; Council on the day of ,2006,and the Council,by formal action,then and there accepted the dedication of streets,parks,easements,public places,and water and sewer lines as THENCE. 5 89°56'5J"E.Wongthe south line f a tract of land conveyed to Thomas Mannewitz according to the shown and set forth in and upon said plat and said Council further authorized the Mayor to note the 9 TIPTON ENGINEERING.INC. acceptance thereof by signing his name as herein above subscribed. deed recorded in County Clerk No.92-0064130(DRCCT),a distance of 434.81 feet; THENCE.N 00.03'27"W,along the east line of said Mannewitz tract and along the east line of Lot 7 of Lake DARREN K.BROWN WITNESS my hand this day of 2006. Ranch Estates,an addition to the City of Wylie,according to the file plat recorded in Cabinet C.Page 193(DRCCT), Registered Professional Land Surveyor a distance of 416.62 feet: No.5252 THENCE.N 89.58'48"E,along the south lines of Lots 5-7 of said Lake Ranch Estates a distance of 1003.75 THE STATE OF TEXAS City Secretory feet; )( City of Wylie, Texas THENCE, S OJ'57'09"W,a distance of 262.15 feet; COUNTY OF DALLAS )( FINAL PLAT THENCE.along a tangent curve to the right having a central angle of 53.29'59",a radius of 353.88 feet,and a PARKSIDE PHASE I chord of N J0°42'08"E r J18.56 feet,on arc distance of 330.44 feet; BEFORE ME, the undersigned authority,on this day personally appeared Darren K. Brown, whose name is subscribed to the foregoing instrument and acknowledged to me MOSES SPARKS SURVEY^, ABSTRACT NO. 849 THENCE, S 59'35'51"W,a distance of 455.32 feet; that the same was thde act the said oN E corporation CITY OF WYLIE, COLLIN COUNTY, TEXAS and that he executed the sameas aid act of such ca THENCE S 50.01'11"E.a distance of 354.93 feet; consideration therein expressed and in the capacity therein stated. OWNER THENCE, S 34.16'23"E,a distance of 484.02 feet; PARSONS - WARNER, L.L.C. THENCE. 5 53.26'39"E,a distance 534.68 feet; GIVEN UNDER MY HAND SEAL OF OFFICE, this day of ,2006. 4925 Greenville Ave.^' Suite 100^ Dallas, Texas 75206 972.250.2325 THENCE.N 89.55'29"E,a distance of 82.49 feet; ENGINEERING/SURVEYING/PLANNING 9/ TIPTON ENGINEERING, INC. 4 THENCE. 5 0f lon6 feet to the PLACE OF BEGINNING with the subject tract containing Natory Public in and for the State of Texas 6330 Broadway Blvd.04'JrJrE a distance of Suite C Garland.Texas 75043 J.JJ5.757 square feet or 76.5784 acres of land. 972.286.2967 118 Lots-3,335,757 SF/78.5784 AC 3/27/06 114741 CITY OF WYLIE PLANNING & ZONING COMMISSION AGENDA ITEM Agenda Item No. Meeting Date: April 4, 2006 Consent Case Name: ZC 2006-07 Action Prepared By: Renae' 011ie Public Hearing 1 Exhibits: Location Map, PD Conditions Miscellaneous Concept Plan Other Notification List/Map and Responses AGENDA SUBJECT: Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A)to Planned Development(PD)District to allow for single-family residential uses of varied densities, generally located south of Stone Road and west of FM 544. ZC 2006-07 STAFF RECOMMENDATION: Motion to recommend denial to the City Council on Zoning Case 2006-07 regarding a change in zoning from Agriculture (A)to Planned Development(PD)District to allow for single-family residential uses of varied densities. SUMMARY: Owner: Michael Hood Applicant: Skorburg Company The subject property is located south of Stone Road and west of FM 544. The applicant is requesting to zone the subject property to allow for single family residential uses of varied densities. The first hearing regarding annexation of the subject property was presented on March 28, 2006 with the final hearing being held April 4, 2006. This zoning case is subject to final acceptance of the annexation. The Twin Lakes subdivision borders to the west of the subject property and consist of single family residential uses of varied densities with a minimum lot size of 7,500 square feet. Properties abutting to the north are within unincorporated Collin County but within Wylie's Extraterritorial Jurisdiction (ETJ), and are developed as the Twin Oaks Addition of single-family residences on lots of one acre and larger. APPROVED BY: Initial Date Department Director: MM \ 03/31/06 1 AGENDA SUBJECT: Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A)to Planned Development(PD)District to allow for single-family residential uses of varied densities, generally located south of Stone Road and west of FM 544. ZC 2006-07 SUMMARY (Continued): The Conditions of the Planned Development District include a lot mix consisting of a minimum of 15% being in excess of 12,000 square feet, 70% of the lots will be 10,000 square feet or greater. No lot within the subdivision shall be less than 7,500 square feet. The PD proposes that all lot calculations are on a cumulative basis. A Development Plan shall be submitted for review and approval by the Commission and Council and shall conform to the Concept Plan and the PD Conditions and serve as the Preliminary Plat. Lot widths shall be measured at the building line. The maximum number of single family dwelling units permitted shall not exceed 135 units. The PD proposes the minimum dwelling size for all two story homes be 2,200 square feet (Zoning Ordinance requires 2,400 minimum dwelling size), all single story homes on lots smaller than 10,000 s.f., the minimum dwelling size shall be 1,800 s.f. Alleys shall not be required for this development. However, no garages shall face the street front, except in a 2 & 1 configuration, where the single garage may face the street front. The Residential Design Requirements as set forth in Section 3.4 Figure 3-9 shall apply fully except as follows: • 40 feet wide buffer shall not be required along Alanis, but shall be incorporated into the lots adjacent to Alanis. • A 5 foot landscaped earthern berm with 3:1 slope may be constructed in lieu of 40 feet wide buffer in the rear of lots adjacent to Alanis Blvd. and FM 544. • No walkway shall be required along FM 544. • No pedestrian crosswalks shall be required except for the crossing at Alanis Blvd. • No public open space easements shall be required. • No medians shall be required at entry. • No sidewalk lighting shall be required. • No sidewalks shall be provided for open ditch road sections where lots are 18,000 square feet or greater. In an effort to preserve the agricultural heritage of the Hood property, the developer shall preserve all harwood trees with a caliper of 8 inches or greater located within an edge zone that extends 5 feet from the perimeter property line. A transition zone shall be established by creating an edge one lot deep of all lots along the northern property line that have a minimum lot size of 18,000 square feet, and an edge one lot deep along the adjacent property line of the Pulliam property to the southeast. The philosophy of the Comprehensive Plan recommends low-density residential for the subject property to accommodate rural residential development, with lots exceeding 1-acre in size. Such lots need not accommodate agriculture uses, and must be 2 acres or larger to accommodate livestock or cultivated crops. These areas may have rural/estate streets with no curb or subsurface drainage, and be furthest from thoroughfares. The proposed plan does not conform to the Comprehensive Plan neither does it meet the Residential Design Requirements of the Zoning Ordinance. AGENDA SUBJECT: Hold a Public Hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (A)to Planned Development(PD)District to allow for single-family residential uses of varied densities, generally located south of Stone Road and west of FM 544. ZC 2006-07 SUMMARY (Continued): Two parkland dedication proposals were presented to the Park Board for consideration. Both plans were subsequently denied. However, the Park Board has stated that they would entertain a new proposal with a minimum dedication of 5 acres including some improvements made with the balance of the funds. The Concept Plan dedicates 6.25 acres of Parkland to the City. This would have to be approved by the Park Board. The proposed development will be required to connect all lots to the City sewerage system in some manner. Notification/Responses: Twenty-Nine (29) notifications were mailed, with no written responses returned at the time of posting. ` -n L,LiL.LILJLJL.J C AJV • ; I ' -I� 71-_-- . .-. q ' ..7 N:: 1 LI - :V • j&I-11:1, ____-_-_-.-_-1;,.- -..3 1--__ r Subject y. 1;- Property i - ......--._. --7 - . f .. - •,,,,,....:;_i,a,• I, ,-.%. . ti [r- s LOCATION MAP ZONING CASE #200o-07 Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Alanis Crossing Zoning Case—2006 07 Planned Development Requirements: L Statement of Purpose: The purpose of this Planned Development District is to permit the development of ALANIS CROSSING. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; III. General Regulations: All regulations providing for a Single Family 10/24 as set forth in Section 3.2 Medium Density Residential District of the current Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the current Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. Concept Plan: Development shall be in conformance with the Concept Plan to be provided; however, in the event of conflict between the Concept Plan and the written conditions of this ordinance, the written conditions shall apply. Subsequent Submittals: A Development Plan shall be submitted for review and approval of the Planning and Zoning Commission and City Council. The Development Plan shall conform to the approved Concept Plan and conditions of the Planned Development, and shall serve as the Preliminary Plat. If the Alanis Road alignment is changed by the City and materially affects the Concept Plan, then a Development Plan containing the revised alignment shall be decreed to conform to the approved Concept Plan. IV. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 135 Single Family Units. 2. Lot Mix: A minimum of 15% of the Single Family Lots will be in excess of 12,000 sf. A minimum of 70% of the Single Family Lots will be 10,000 sf or greater. No Single Family lot shall be less than 7,500. For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single Family Lot. This can be accomplished either through swing driveways or alleys. However, when three car garages are constructed on a lot and a "2&1" configuration is used, the single car door may face the street. Garages may face the street on a corner lot side yard. 4. Distribution of the Single Family Dwelling Unit types shall be distributed within the development as shown on the Development Plan/Preliminary Plat submitted with each phase. ii. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type "A": 20,000 square feet b. Lot Type "B": 18,000 square feet c. Lot Type "C": 12,000 square feet d. Lot Type "D": 10,000 square feet e. Lot Type "E" : 7,500 square feet 2. Lot Width: The minimum permitted lot widths (measured at the building line) are: a. Lot Type "A": 90 feet b. Lot Type "B": 80 feet c. Lot Type "C"; 75 feet d. Lot Type "D": 70 feet e. Lot Type "E": 60 feet 3. Lot Width of Corner Lots: The minimum lot widths of corner lots (measured at the building line) are: a. Lot Type "A": 95 feet b. Lot Type "B": 85 feet c. Lot Type "C"; 80 feet d. Lot Type "D": 75 feet e. Lot Type "E": 75 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type "A": 120 feet b. Lot Type "B": 120 feet c. Lot Type "C"; 100 feet d. Lot Type "D": 100 feet e. Lot Type "E": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type "A": 150 feet b. Lot Type "B": 150 feet c. Lot Type "C"; 120 feet d. Lot Type "D": 120 feet e. Lot Type "E": 120 feet 6. Minimum Dwelling Unit Square Frontage: a. The minimum permitted square footage is 2,200 s.f for all two- story homes. The minimum permitted square footage for all single story home on lots smaller than 10,000 s.f shall be 1,800 s.f.. b. For all two-story houses, the first floor shall be at least 60% of the total square footage. c. Architectural grade shingles shall be used throughout the PD. 7. Main Structure Front Yard: The minimum Front Yard Setbacks are: a. Lot Type "A": 25 feet b. Lot Type "B": 25 feet c. Lot Type "C"; 25 feet d. Lot Type "D": 25 feet e. Lot Type "E": 20 feet 8. Main Structure Side Yard: The minimum permitted side yards (measured at the building line) are: a. Lot Type "A": 10% of lot width b. Lot Type "B": 10% of lot width c. Lot Type "C"; 10% of lot width d. Lot Type "D": 10% of lot width e. Lot Type "E": 10% of lot width 9. Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type "A": 15 feet b. Lot Type "B": 15 feet c. Lot Type "C"; 15 feet d. Lot Type "D": 15 feet e. Lot Type "E": 15 feet 10. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type "A": 20 feet b. Lot Type "B": 20 feet c. Lot Type "C"; 20 feet d. Lot Type "D": 20 feet e. Lot Type "E": 20 feet 11. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type "A": 30 feet b. Lot Type "B": 30 feet c. Lot Type "C"; 30 feet d. Lot Type "D": 30 feet e. Lot Type "E": 30 feet 12. Main Structure Height: The maximum building height of any residential main structure shall not exceed 40 feet on all lot types. 13. Permitted uses: Permitted uses shall include the uses specified in the SF 10/24 District. 14. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 15. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 16. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10% of the lot depth for all lot types. 17. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 18. Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side yards on corner lots are 10 feet for all lots. 19. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 20. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed a 600 s.f. maximum. This does not limit amenity centers that are part of a single family development. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 40 feet or 2 stories on all lot types. V. New Residential Development Requirements (Figure 3-9) shall apply fully to all phases of the Planned Development except as follows: 1. Perimeter Screening: The perimeter screening for Alanis Boulevard shall be allowed to be incorporated into lots adjacent to Alanis Boulevard. No platted 40' buffer shall be required. 2. Landscaped Berm: Developer may construct a 5 foot landscaped earthern berm with 3:1 slope in the rear of lots adjacent to Alanis Boulevard and FM 544. This shall be in place of any required perimeter screening. 3. No Perimeter walkway shall be required on FM 544. 4. No Pedestrian Crosswalks shall be required except for across Alanis Boulevard. 5. No public open space easements shall be required. 6. Medians will not be required at Entries. 7. No sidewalk Lighting shall be required. 8. No sidewalks shall be required for open ditch road sections with lots 18,000 square feet or larger. VI. Common Area Platting: All street medians, green belts and common areas not dedicated to the City must be maintained by the HOA, and shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. VII. Open Ditch Road Section: In blocks where the lot size is a minimum of 18,000 square feet the road section shall be open ditch with a 26 foot pavement section and a 60 foot Right-of-Way. VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Hood Property, as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of 8 inches or greater located within an edge zone that extends 5 feet from perimeter property line. IX. Transition Zone: In an effort to make a land use transition from the existing residences north of the Property, the developer shall establish an edge, one lot deep, of lots along the northern property line of this development that have a minimum lot size of of 18,000 square feet. In an effort to make a land use transition from the existing residence at the south east corner of the property owned by Tommy & Toni Pulliam the developer shall establish an edge, one lot deep, of lots along the adjacent property line of this development that have a minimum lot size of of 20,000 square feet. A 30 foot landscape buffer shall be provided between the development and the properties owned by Brent W. & Beverly B. Bates and Tommy & Toni Pulliam. X. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non- dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. Dallas 1\4206683\4-2 19719-18 7/21/2005 , i. I k ', 'r: „ FM 544 I : ! 1 I 1 ' 1 i 1 -----7------------n \ 5. i'l 2° 1 ESTATES 8 ,., -i-TiALLI: 7/// TWIN OAKS Rom (UNRECO - • i , _",...,,,,,",-,,,,,TW:,-',,:j!1.140,41,1111:6:k1:11i1 //--11 :'''.. Ir_g/gjATgNI 15: '';:::•.:-;,-?,':',::•:'•:"K:,.iii:lit4'),I.Z;L:114:':„;:litil ( "ENTDOW",%.9,6.- .1"5 '"--\\,,, I\ \\\,, 1 \ \ N,V,- . • 14i'f-'::&::::-•., ,,".-,;r,S"';'••TdaSIIIInP4IV,-:,•,1-P, „,, \ \ / ‘ ". .41. F\\\„, \\I 1 , 0 TRACT I NGIvi:, ' —2,11,I ''') \ ( '.'•—, ' STOITTEALDAATCARESAUMEMA61.28TAABCLE. MAPLOHCANT.ITOT.NSIY.P.DEPTH LOTS Aic -31 FE_ ___, r_ 1 m i -LANDSCAPE, UF,F ,„,,,.,:: ,:::::::::.:,_t., / ' , TwiN L"Es1:31:48 '416.A- - ....46k , • • .. :-,I::::1R".4!:"::',6':1,-',',fifi:';4,1;11,',7:,--,iin,',-A I:lik'quititipli ° ,', - „,:.:,-,, i-:.:,,:::-„:ti.,,,,i4 c.', • , , 4,, . • . .. '--Wi-!::''Ci,""';Z:;:D::;i,f:,tir4:r;:::AP:'*igir„ti-it : 14/1'1'-'11 ""linirnfir- --':'''-''''''''''''''':"*.: -52git ;':::' ()it DR j--(1\----------i----(-/-1------------(,.,, 4 ‘, . . 41 ,--,:ii/l -,:,:otailitimittoz!:,,,,:-.'::fi!!-:'::::'_ _ \ ,,,.-5, ,,,---',-,:!,i _----- -,-: _ I, ZONE SPECIFICATIONS: TYP.WIDTH 180' MIN SIZE . 14 ZONE 115 0, >,), %,//44, ,. , 11P400 :.,:- -';''_!!!!!!,:ir!,,,,,,::,;,1,::',/,);;;,„:71::::::11,7'''Z:Iltil _• , .,,,,r,,:,;:..1„4i.i.,,,,,T=0,:amillisitim il riziz:tl.:i:::::?r:i ccs, A 20,000 100' 18. 14 SPACE/ _ j:4°A IDPE!'r s'iallitlq,,414,01.4 1 4Y1:417:414611i)*'47-4 ! ii:14tit!litil b \ B L il - ,),,/atitritiiiitgliiiig i .4ftir-,;..:3t;*IVi'3:- _-77-7:'-' ''''': v,1 \ c 4Z-,:-'1..I,'„-?-:',.''''',.:i-A",'T -4,Attr.:2P1,114.1 i;','71:-;:::::-i,','_51----'1-"' '::''''' ,H:, --- 1 7,500 b TOTAL. r I ''''''';:i''''':'''''':'-:k"- -:`'`''-':::.;';'k'- '1:: 1;t:li,'15--:*-',:',"'-,'",,i;':::-'-':, \\• 4 ir• la'''1-';'''':"ZC':',1,retirr' / 41:1101-NIE:41:Q' I )'',-- -i'i',:':i:': -' ''...''2''1,,.:",•-'4..:,:,,i',.,'.,,,,,,,,,„..,,,,gii4:17NARIII-41 I i E I :r':':::f4,:;,EA:':':',4E.tq,(A:!';':19-11='Y'''-'1''4'7-'''''ii '': ...,.., \\• /44 '„I'''''' ''''-:''''''-I 7,'"';': / #14144411.11:itF ,-.-- ,.,'.7.:,f4rieilit4 tillIAP4101;llitttt:A:41 1 ,,,), 111 082,::0:0°: ZONED 01 8:No:E.:E ill 2:5:''. 1253333 1 itRt1-9t!"1411:111:',D.1'q„,t'''':''''' ....,,,", 43,.;.,.gRitRAIIIIISI,IMMV411414,-"A', I PARK DEDICATION -4:-4M-15.;.-tilrniiiib' .Pt.,,;t7iariifttti.*Ialqtijkl"'gnil,,ittfj8'„i44:?P;4-Nl"7*,,:44.4**tZ;6„:'4 , / -'''': -Nt"'t_':gt '3'*igizbtE2z.k---\ .„,,_ 7,,,,e,),?, __,,,„„,...„,,,,,,,%-. i.„4 , ,,,,,,,,,,,,,- , , ZONE A .,`,.,-,,", ';,0,1MIT';'-' : ' / '''''''''','''';'-' :'_ - , - 1 1( I 7 /1// i 'i''''''''''''' --'‘=.:r°.'/'/'.-).'74--- ,:_-__ ,- ,- _ i t Z°NE B - - ' j'2,fi.'-'1i1W--..,'''!:';-= ;-.i.' i 2 ,-- ,, 'i Z°NE C / ) ell 1 , \ „\ " , .- -„Ai,,A," , ; A. i MY 8,TON 95 TO. --'9,-,,,8 ! ! , ''' U) ' vIrC",45 T \ . , I '1\1'''A:'t.77,71'';„::::•::::::- „I''''''''' i I I '':''-In':•'6:;:'''';:ll'i'''_,----- -----1 , 11/1 ! , ! „,„,,•,..f4•1,46,,,,,,, ,.„.pi , , • i 1 __-- _,______ /1 , _------- ,--- 1 -2 1111:'3,';'k --------------------' , ! \ , , 1 t T PLAN -z - 1 1 , CONCEPT THELMA RICE 6 t I L-71----------1-- 561,PG.26 I i D.R.C.• 1 1 , I ! 1 . i ,,_, ___,,\\ N TEXAS "RL ENE'CEIL2L:8; AR BY I 5020,PG. VO-• c T. !:).R.C•• i „WU,.•KLING::'8L7 1 D.R.C.C.T. I CKIE L"KLffifg,L , D.R.C.C.. m6A,A1 c:1-c02A0 8:NoLol CITY 1:SAR PREPARED OTN:CROSSING ENAHR::COUNTY, yY:LIE IN MAR 3 II 2006 1 3R:201ALNENGINE11,73:ALIEN,Ci,:o., \06,,,,,rept,an 060330 dgn 3/30/2006 1 18 55 PM NOTIFICATION REPORT APPLICANT: Ryan Betz with Skorburg Company APPLICATION FILE #2006.07 3838 Oak Lawn Avenue#1212 Dallas,Tx 75219 # BLK/ABST LOT/TRACT TAX I.D.# PROPERTY OWNER NAME ADDRESS Applicant-Ryan Betz 3838 Oak Lawn Avenue#1212 1 Skorburg Company Dallas,Texas 75219 4212 San Felipe Sheet,PMB 417 2 Abst 23 Tract 47 R-6023-000-0470-1 Michael Hood Houston,Texas 77027 951 S.Ballard Avenue 3 Abst 980 Tract 1 R-6980-000-0010-1 Wylie[SD Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 4 BIkQ Lot l R-8401-OOQ-0010.1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1 103 Twin Lakes Drive 5 BIkO 2 R-8401-000-0020-1 Gall Richards Wylie,Texas 75098 Twin Lakes 5 1105 Twin Lakes Drive 6 Blk Q 3 R-8401-00Q-0030-1 Luis O'Bando Wylie,Texas 75098 Twin Lakes 5 1228 Baffle Creek Road 7 Blk Q 4 R-8401-000-0040-1 James Shaw Chula Vista,California 91913 Twin Lakes 5 1109 Twin Lakes Drive 8 Blk Q 5 R-8401-000-0050-1 James Vance Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 9 Blk Q 6 R-8401-000-0060-1 Choice Homes,Inc, Arlington,Texas 76004 Twin Lakes 5 PO Box 1048 10 BIkO 7 R-8401-000-0070-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1 1 15 Twln Lakes Drive 11 BikQ 8 R-8401-000-0080.1 Chen Hsiao Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 12 Bilk Q 9 R-8401.000-0090-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 PO Box 1048 13 BIk Q 10 R-8401-0061-0100-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1121 Twin Lakes Drive 14 81k Q 11 R-8401.000-0110-1 Gwen Robertson Wylie,Texas 75098 Twin Lakes 5 1 123 Twin Lakes Drive 15 Bilk 12 R-8401-000-0120-1 Melanie Padron Wylie,Texas 75098 Twin Lakes 5 1125 Twin Lakes Drive 16 BIkO 13 R-8401-00Q-0130-1 Normalea Roberts Wylie,Texas 75098 Twin Lakes 5 1127 Twin Lakes Drive 17 BIk 61 14 R-8401-000-0140-1 Donald Takak Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 18 BIk 0 15 R-8401-000-0150-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1131 Twin Lakes Drive 19 RC) 16 R-8401-00Q-0160-1 Edgar Brown Wylie,Texas 75098 Twin Lakes 5 1 130 Twin Lakes Drive 20 BR Q 17 R-8401-0OQ-0170-1 Bryan Jallo Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 21 BIkQ 18 R-8401-OOQ-0180-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes 5 1 126 Twin Lakes Drive 22 BIk Q 19 R-8401-00Q-0190-1 Ben Janson Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 23 BIkQ 20 R-8401-00Q-0200-1 . Choice Homes,inc. Arlington,Texas 76004 Twin Lakes 5 1 122 Twin Lakes Drive 24 BIkO 21 R-8401-OOQ-0210-1 Donnie Wayne Davis Wylie,Texas 75098 Twin Lakes 5 PO Box 1048 25 BIkQ 22 R-8401-00Q-0220-1 Choice Homes,inc, Arlington,Texas 76004 Twin Lakes 5 1 1 18 Twin Lakes Drive 26 BIk6 23 R-8401-00Q-0230-1 Kusumben Patel Wylie,Texas 75098 Twin Lakes 5 PO Box 1 184 27 BIkQ 24 R-8401-OOQ-0240-1 Juanita Rowland Wylie,Texas 75098 Twin Lakes 5 1 1 14 Twin Lakes Drive 28 BIkQ 26 R-8401-00Q-0250-1 Richard St.Cyr Wylie,Texas 75098 Twin Lakes 5 1 1 12 Twin Lakes Drive 29 BIk Q 26 R-8401-O0Q 0260-1 George Williams Wylie,Texas 75098 Twin Lakes 5 1 100 Lakewood Drive 30 BIk P Lot 24 R-8401.00P-0240-1 Stephen Jordan Wylie,Texas 75098 31 32 33 34 35 36 0,A,, Ci-L1 Li rni-1-5 _, 11.1° Whe , r ' Tr 47 1 Cfl (p) " 1 ....._ i :, , (itti-51de - - Lin/44-5 "-- Subject . {,.. Property \\c Cr 1--y Lirn;t5 --- .c-, . IMIIIIIIIIIIIkff Cl-hi t;n i 7i -,S Ab1-7 fr i i 1 1 1 , , , ZONING CASE #2006-07 CITY OF WYLIE PLANNING & ZONING COMMISSION AGENDA ITEM Agenda Item No. Meeting Date: April 4, 2006 Consent Case Name: Action Prepared By: Mindy Manson Public Hearing 2 Exhibits: Ordinance Miscellaneous Other AGENDA SUBJECT: Hold a Public Hearing and consider a recommendation to the City Council regarding an Ordinance to establish regulations governing the sale of alcoholic beverages STAFF RECOMMENDATION: Approval SUMMARY: It is the recommendation of the City Attorney that the City of Wylie adopt regulations regarding the sale of alcoholic beverages prior to the local election on May 13th. This prevents an individual from applying to the State for a license before the local ordinance becomes effective, thereby exempting them from subsequent local regulations. The proposed regulation is based on the current Zoning Ordinance in terms of permitted locations for restaurants, and creates a new land use category of"Beer& Wine Package Sales". Beer & Wine Package Sales. Beer & wine package sales are proposed to be permitted in the Corridor Commercial, Light Industrial, Heavy Industrial and Downtown Historic Districts and would be defined as the sale for off-site consumption. The establishments may not be located closer than 300' to a church or hospital, measured along property lines of the street fronts from front door to front door, and not closer than 300' to a public or private school measured in a direct line from property line to property line. The City Attorney is further recommending that additional restrictions be placed on beer& wine package sales APPROVED BY: Initial Date Department Director: MINI \ 02/14/06 1 AGENDA SUBJECT: Hold a Public Hearing and consider a recommendation to the City Council regarding an Ordinance to establish regulations governing the sale of alcoholic beverages SUMMARY: (Continued) which derive more than 75% of their gross revenue from the sale of beer and wine by requiring a Special Use Permit (SUP) in all of the above listed districts, and imposing separation requirement between stores to prevent clustering. The ordinance further sets out separation requirements from residential areas, parks, churches, schools and hospitals. The caveat on this requirement is that there is an Attorney General opinion that does not support imposing SUPs on package stores that receive more that 75% of their gross revenues from the sale of alcohol. However, there is language in the Alcoholic Beverage Code that supports it and there are no court opinions interpreting it. The City Attorney indicated that other cities that they represent have chosen to enact the SUP requirement and so far have not been challenged. Restaurants with and without Drive-in or Drive through service. Regulations applied to on-premise consumption include the provision that restaurants may only sell alcohol if the subject property was located within the City limits as of May 13, 2006 (restaurants located on property annexed after that date must obtain a permit from the State for a Private Club); shall not be located closer than 300' to a church or hospital measuring along the property lines of the street fronts from front door to front door; and, shall not be located closer than 300' to a school measuring in a direct line from property line to property line. The regulations further require an SUP for any restaurant which derives more than 75% of their revenue from the sale of alcohol. CITY OF WYLIE, TEXAS ORDINANCE NO.: AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S ZONING ORDINANCE NO. 2001-48, ARTICLE 5 (USE REGULATIONS) SECTION 5.1 (LAND USE CHARTS), SUBSECTION F (RETAIL, PERSONAL SERVICE & COMMERCIAL) AND SECTION 5.2 (LISTED USES), SUBSECTION F (RETAIL, PERSONAL SERVICE AND COMMERCIAL USES) TO ESTABLISH REGULATIONS GOVERNING THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations), of the City of Wylie, Texas ("Wylie"), should be amended to regulate the sale of alcoholic beverages; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Zoning Ordinance No. 2001-48, Article 5 (Use Regulations) 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 the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations) Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial). Article 5 (Use Regulations), Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add number 24 and amend numbers 20 and 21, as follows: Ordinance -Alcohol Sales Regulations Page 1 447685.v 1 20.Restaurant with Drive- P* P* P* in or Drive-through Service 21.Restaurant without P* P* P* P* P* P* Drive-in or Drive- through Service ■■■■■■■ 24.Beer &Wine Package ■. P* P* P* P* Sales SECTION 3: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations). Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses) Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add the following: 24. Beer & Wine Package Sales. a. Definition: An establishment, including but not limited to General Merchandise or Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of beer and/or wine to the general public for off-site personal or household consumption and rendering services incidental to the sale of such goods. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every 200 square feet of gross floor area; however for retail sales made at a Motor Vehicle Fueling Station the required parking shall be a minimum of four spaces. d. Required Loading: 0- 10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: Beer& Wine Package Stores shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: Ordinance -Alcohol Sales Regulations Page 2 447685.v 1 (1) The establishment shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (2) The establishment shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (3) The distance between a Beer & Wine Package Sales Establishment and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (4) Beer sales are not permitted in residential areas. Residential areas include properties that are zoned in any Residential District category or a planned development that allows residential uses or vertical mixed use developments with a residential component, because these zoning districts are part of the neighborhood(s) within which they are located. Notwithstanding, a planned development ordinance may allow for Beer & Wine Package Sales at designated locations in the planned development that meet the requirements set forth herein. (5) Beer & Wine Package Sales establishments that derive more than 75% of their gross revenue from the sale of beer and/or wine: a. Are permitted only by Specific Use Permit in the CC, LI, HI and DTH zoning districts; b. Shall not be located closer than 1,500 feet from another Beer & Wine Package Sales Establishment that derives more than 75% of its gross revenue from the sale of beer and/or wine, measured building-to-building (or outer wall of the lease space)in a straight line; c. Shall not be located closer than 800 feet from the building to the property line of a residential zoning district, including residential portions of a planned development zoning district; and d. Shall not be located closer than 1,500 feet from the property line of a City park, or the property line of a property owned by a church, public hospital, public or private school, public or private college/university, rehabilitation care institution, or child or adult day care, measured in a straight line from front door of the establishment to the nearest property line of a residential zoning district, City park, church, public or private hospital, public or private school, public or private college/university, rehabilitation center, or child or adult day care. SECTION 4: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations). Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses), paragraphs 20 and 21. Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial Uses), paragraphs 20 and 21 of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to read as follows: Ordinance -Alcohol Sales Regulations Page 3 447685.v 1 20. Restaurant with Drive-in or Drive-through Service a. Definition: Restaurant with drive-in or drive through service means: (1) A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. (2) A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off-premises consumption. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement. d. Required Loading: 0- 10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: (1) CR District: Drive through and stacking area shall not be located adjacent to residential uses. (2) The "Additional Provisions" listed in paragraph 21, subpart e., below, for"Restaurants without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or Drive-through Service that sell alcohol. 21. Restaurant without Drive-in or Drive-through Service a. Definition: Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: One space for every three seats under maximum seating arrangement with no fewer than 8 provided. d. Required Loading: 0- 10,000 None 10,001—50,000 1 Each additional 10,000 or 1 fraction thereof e. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the following development criteria: (1) Restaurants are only permitted to sell alcohol by right if the subject property was located within the City limits as of May 13, 2006. For property annexed into the Ordinance -Alcohol Sales Regulations Page 4 447685.v 1 City after May 13, 2006, a restaurant that sells alcohol must obtain a permit for a Private Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol. (2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door, and in direct lines across intersections. (3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line, and in direct lines across intersections. (4) The distance between a restaurant that sells alcohol and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. (5) Restaurants that derive more than 75% of their revenue from the sale of alcohol are only permitted by specific use permit and may only be located in the zoning districts where the applicable type of restaurant is designated as "P*" on the Land Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Zoning Ordinance No. 2001-48, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Savings/Repealing Clause: Wylie's Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 7: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance -Alcohol Sales Regulations Page 5 447685.v 1 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 day of 2006. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: CAROLE EHRLICH City Secretary DATE OF PUBLICATION: , Wylie Enterprise Ordinance -Alcohol Sales Regulations Page 6 447685.v 1