08-20-2019 (Planning & Zoning) Agenda Packet Planning &
Commission
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Regular Business Meeting
Page 1 of 52
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Planning & Zoning Commission
NOTICE OF MEETING
Regular Meeting Agenda
August 20, 2019 — 6:00 pm
Wylie Municipal Complex - Council Chambers
300 Country Club Road, Building #100
Wylie, TX 75098
Ron Smith Chair
Randy Owens Vice Chair
Brad Emerson Commissioner
Cory Plunk Commissioner
Mike McCrossin Commissioner
Bryan Rogers Commissioner
Charla Riner Commissioner
Jasen Haskins Planning Manager
Kevin Molina Senior Planner
Mary Bradley Administrative Assistant
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.Gov
within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie
website: www.wvlietexas.gov.
The Chair and Commissioners request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
Hearing impaired devices are available from the Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Commissioners regarding an item that is not listed on the Agenda. Residents must fill out a
non-agenda form prior to the meeting in order to speak. Commissioners requests that comments be limited to three
(3) minutes. In addition, Commissioners is not allowed to converse, deliberate or take action on any matter
presented during citizen participation.
CONSENT AGENDA
A. Consider and act upon approval of the Minutes from August 6, 2019, Regular Meeting.
Page 2 of 52
August 20,2019 Planning&Zoning Commission Regular Meeting Agenda Page 2 of 2
EXECUTIVE SESSION
If during the course of the meeting covered by this notice,the Planning&Zoning Commission should determine that
a closed or executive meeting or session of the Planning&Zoning Commission or a consultation with the attorney
for the City should be held or is required, then such closed or executive meeting or session or consultation with
attorney as authorized by the Texas Open Meetings Act,Texas Government Code § 551.001 et. seq.,will be held by
the Planning & Zoning Commission 1 at the date, hour and place given in this notice as the Planning & Zoning
Commission may conveniently meet in such closed or executive meeting or session or consult with the attorney for
the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited
to,the following sanctions and purposes:
Texas Government Code Section:
§ 551.071—Private consultation with an attorney for the City.
REGULAR AGENDA
1. Consider, and act upon, a recommendation to the City Council regarding a Final Plat for Lake
Park Villas to allow for 72 Residential and four open space lots on 12.284 acres, generally located
at the northeast corner of Troy Road and Vinson Road.
PUBLIC HEARING
1. Hold a Public Hearing to consider, and act upon, a recommendation to the City Council
repealing and adopting regulations to Zoning Ordinance (2001-48) Article 6, Section 6.1
Planned Development Districts, Zoning Ordinance (2008-27) Article 8 Section 8.1 Zoning
Related Applications, and to the Subdivision Regulations (2007-21) Sections 2.2, 2.3, and 2.4
Procedures and Approval. ZC 2019-12
ADJOURNMENT
CERTIFICATION
I cert that this Notice of Meeting was posted on August 16, 2019 at 5:00 p.m. as required by law in accordance with
Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy,
this agenda is also posted on the City of Wylie website: www.wvlietexas.gov.
Stephanie Storm,City Secretary Date Notice Removed
Page 3 of 52
G Planning & Zoning Commission
Minutes
Regular Meeting
August 6, 2019—6:00 p.m.
Wylie Municipal Complex— Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Vice Chair Randy Owens presided the meeting and called the meeting to order at 6:00PM.
Commissioners present:, Vice Chair Randy Owens, Commissioner Bryan Rogers, Commissioner Cory
Plunk, Commissioner Brad Emerson and Commissioner Charla Riner. Those absent: Commissioner Mike
McCrossin and Chair Ron Smith.
Staff present: Mr. Jasen Haskins, Planning Manager, Mr. Kevin Molina, Senior Planner, and Ms. Mary
Bradley,Administrative Assistant.
INVOCATION &PLEDGE OF ALLEGIANCE
Commissioner Rogers gave the invocation and Commissioner Emerson led the Pledge of Allegiance.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Commissioners regarding an item that not listed on the Agenda. Residents must fill out a
non-agenda form prior to the meeting in order to speak. Commissioners requests that comments be limited to three
(3) minutes. In addition, Commissioners not allowed to converse, deliberate or take action on any matter presented
during citizen participation
No one approached the Commissioners.
CONSENT AGENDA
A. Consider and act upon approval of the Minutes from July 16,2019,Regular Meeting.
Commission Action
A motion was made by Commissioner Rogers, seconded by Commissioner Riner,to approve the Minutes
from July 16, 2019 meeting, as presented. A vote was taken and the motion carried 5-0.
REGULAR AGENDA
1. Consider, and act upon, a recommendation to the City Council regarding a
Preliminary Plat of Emerald Vista Addition, to develop 168 residential lots, one
Minutes August 6,2019
Planning&Zoning
Page 1
Page 4 of 52
nonresidential lot, nine open space lots, and one park lot on 51.669 acres, located on
South Ballard Road at Elm Road.
Staff Comments
Mr. Molina stated that the property is located on South Ballard Road at Elm Road and is zoned Planned
Development Ordinance 2018-23. The plat will create 168 residential lots, one nonresidential lot, nine
open space lots and one park lot on 51.669 acres.
The Homeowner's Association will maintain all open space lots. The park lot and nonresidential lot will
be dedicated to the City of Wylie at the time of Final Plat filing. The proposed use for the nonresidential
lot is a fire station.
The street, Emerald Vista Boulevard,per the requirements of the planned development, will be allowed to
be 21 foot in pavement curb to curb with parking allowed on one side of the street. All parking areas on
Emerald Vista Boulevard will be required to be striped.
Commissioners Action
A motion was made by Commissioner Rogers, and seconded by Commissioner Emerson, to recommend
approval to the City Council regarding a Preliminary Plat of Emerald Vista Addition, to develop 168
residential lots, one nonresidential lot, nine open space lots, and one park lot on 51.669 acres,
located on South Ballard Road at Elm Road. A vote was taken and carried 5 -0.
2. Consider, and act upon, a Site Plan for Wylie East High School, on Lot 1, Block A of
Wylie Independent School on 58.198 acres. Property located at 3000 Wylie East
Drive.
Staff Comments
Mr. Molina stated that the applicant is proposing to make 180,415 square feet of additions to Wylie East
High School on Lot 1, Block A of Wylie East High School. The property is zoned Agricultural-28
District.
In addition to increasing the number of classrooms from 106 to 165, the plan also provides an increase in
parking from 930 parking spaces to 1,059 spaces. As presented the site plan shows a parking ratio of
approximately 6.4 spaces per classroom. However, the applicant is seeking a variance from the Zoning
Board of Adjustment for parking requirements. The site plan complies with the design requirements of the
zoning ordinance on the condition that a variance for parking is approved. The variance meeting will be
held on August 19, 2019.
Board Discussion
Commissioner Emerson questioned the parking requirements. Staff responded that the Zoning Ordinance
requires seven parking spaces per classroom,the site plan proposes 6.4 parking spaces,therefore the plan
is short approximately 100 parking spaces.Wylie Independent School District classrooms are generally
full at 85%and the variance proposes plenty of parking.
Commissioners Action
A motion was made by Commissioner Emerson, and seconded by Commissioner Riner,to approve a Site
Plan for Wylie Wylie East High School, on Lot 1, Block A of Wylie East High School on 58.198 acres,
Minutes August 6,2019
Planning&Zoning
Page 2
Page 5 of 52
contingent upon approval from Zoning Board of Adjustment granting variance to parking requirements. A
vote was taken and carried 5 —0.
Public Hearing
1. Hold a Public Hearing and consider, and act upon, a recommendation to the City Council
regarding a change of zoning from Neighborhood Services (NS) to Neighborhood
Services with Specific Use Permit, to allow for the development of a motor vehicle
fueling station, property located on 1.888 acres, northeast of the intersection of
Ballard Avenue and Alanis Drive. ZC 2019-11.
Staff Comments
Mr. Molina stated that the applicant is requesting to rezone 1.88 acres located on the northeast corner of
Ballard Avenue and Alanis Drive from Neighborhood Services (NS) to Neighborhood Services with a
Special Use Permit(NS-SUP)to allow for a motor vehicle fueling station.
The property is generally bordered to the north by Fire Station #1 and to the east and south by two vacant
lots that are zoned with the Neighborhood Services District. The properties to the west across the street
from Ballard Avenue are zoned within the planned residential development of Stone Ranch.
The requested zoning is generally compatible with the Comprehensive Land Use Plan. The area is
designated as Suburban, which generally supports low to medium density residential or very low density
commercial in support of a neighborhood.
Forty (40) notifications were mailed with six (6) comment forms returned in opposition and one (1) in
favor of the request. One of the comment forms returned was outside the 200 feet notification area. Chair
Owens requested clarification on the statements made on the opposition forms. Mr. Molina stated that the
comment forms in opposition expressed concern of increase of noise and traffic.
Board Discussion
Commissioner Plunk questioned if a noise or traffic study was complete. Staff stated that at this point, no
traffic study was performed. The necessity of a traffic study is determined by the city engineer, once a site
plan is submitted. The noise is generated by the use and determined by city ordinance. The remainder of
the lot is proposed shell space. The applicant is aware of the ione parking space for every 300 feet
requirement for the site.
Commissioner Emerson questioned the access. Staff responded that a joint access easement is provided
on Lot 2.
Mr. Bob Bodar, 501 Harbor Lane, Plano, Texas, applicant for the subject property, stated that the use at
this time is a gas station. There are not any definite plans on the type of use for the rest of the
development. The size of the gas station is 2,500 square feet with four pumps.
Public Comments
Chair Owens opened the public hearing.
Citizens that came and spoke in opposition of the request are: Ms. Alison Takaes, Mr. Jason Takaes, 114
Enchanted Forest Drive, Mr. Justin Floyd, 703 Providence Drive, Mr. Mark Sinclair, 703 Rockingham
Drive, Mr. Adam Twarkawski, 1016 Dodd Drive, Ms. Julie Lawson, 902 Travers Drive, Mr. Daniel
Lopez, 901 Travers Drive, Mr. Christopher Harris, 904 Travers, Ms. Ania Fawley, 212 Champion, Ms.
Minutes August 6,2019
Planning&Zoning
Page 3
Page 6 of 52
Kellie Grunden, 106 Enchanted Forest, Mr. Mengistu Alemayehy, 112 Enchanted Forest, Mr. Doug
Vaughn, 413 Milford. The citizens spoke expressing concerns on the environment,traffic,noise, cigarette
and alcohol sales,gas station operating hours, and children safety and health.
Mr. Bodar stated that the hours of operation for the gas station will not be 24-hour, but will close at
9:00pm each night. The subject property is not immediately adjacent to residential development and to the
east there is an empty lot.
Chair Owens closed the public hearing.
Commissioners Action
A motion was made by Commissioner Plunk, and seconded by Commissioner Emerson, to recommend
approval to the City Council regarding a change of zoning from Neighborhood Services (NS) to
Neighborhood Services with Specific Use Permit, to allow for the development of a motor
vehicle fueling station, property located on 1.888 acres, northeast of the intersection of Ballard
Avenue and Alanis Drive. ZC 2019-11. A vote was taken and carried 3 — 2, with Chair Owens and
Commissioner Rogers voting in opposition.
WORK SESSION
To discuss and give staff direction on items related to new laws passed during the 2019 Texas State
Legislative Session.
Staff Comments
Mr. Haskins reviewed the new laws passed during the 2019 Texas State Legislative Session and asked for
direction.
The Commissioners reviewed the materials and recommended that staff leave the zoning ordinance as is
in regards to building materials, make the proposed changes to the zoning ordinance and subdivision
regulations regarding the 30-day decision requirement, and update the Rules of Procedure for the
Commission for consideration regarding public hearings.
ADJOURNMENT
A motion was made by Commissioner Rogers, and seconded by Commissioner Emerson,to adjourn the
meeting.A vote was taken and carried 5 -0.
Randy Owens, Chair
ATTEST:
Mary Bradley,Administrative Assistant
Minutes August 6,2019
Planning&Zoning
Page 4
Page 7 of 52
Planning & Zoning
` " Commission
AGENDA REPORT
Meeting Date: August 20, 2019 Item Number: 1
Department: Planning
Prepared By: Kevin Molina Subdivision: Lake Park Villas Phase 1
Date Prepared: August 13, 2019 Zoning District: Multi Family(MF)
Exhibits: Final Plat
Subject
Consider, and act upon, a recommendation to the City Council regarding a Final Plat for Lake Park Villas to
allow for 72 Residential and four open space lots on 12.284 acres, generally located at the northeast corner of Troy
Road and Vinson Road.
Recommendation
Motion to recommend to the City Council regarding a Final Plat for Lake Park Villas to allow for 72
Residential and four open space lots on 12.284 acres, generally located at the northeast corner of Troy Road and
Vinson Road.
Discussion
OWNER: Wylie Lake Park Villas, LLC APPLICANT: Kimley-Horn
The applicant has submitted a final plat for Phase 1 of the Lake Park Villas townhome development. The plat is
a portion of the Lake Park Villas preliminary plat approved in May of 2017.
The plat consists of 72 residential and four open space lots and generally conforms to the preliminary plat. The
development will have access from Vinson Road and from Neva lane and will be creating four collector streets
with 50' right-of-way. All of the open space lots are to be owned and maintained by the subdivisions HOA.
Approval is subject to additions and alterations as required by the City Engineering Department.
Council consideration on September 10, 2019
Approved By
Initial Date
Department Director JH August 14 2019
Page 1 of 1
Page 8 of 52
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ATTERBERRY SURVEY,ABSTRACT NO.6
CALLED 15.352 ACRES / �'°° c� 0B CITY OF WVLIE,ROCKWALL COUNTY TEXAS
LAZARO DELEON,JR. 1
VOL 66],PG.194 1 N / conrzc, g "n
RPRRCT \ Kimley>>>Horn
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STATE OF TEAS y NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS. SURVEYORS CERTIFICATION
CORN IT OF ROCKWALL 9 THAT WYLIE LAKE PARK VILLAS LLC,.TING HEREIN BY AND THROUGH HIS(ITS)DULY AUTHORIZED OFFICERS, NNOW ALL MEN BY THESE PRESENTSDOES HEREBY.0,THIS PLAT DESIGNATING THE HEREIN.0,DESCRIBED PROPERTY.LAKE PARK VILLAS,
CITY OF WYLIE § PHASE 1,I..DITION TO THE CITY OF WYLIE,TIXAS,AND DOES HEREBY DEDICATE,IN FEE SIMPLE,TO THE That I,Michael B Marx,do hereby certify that I prepared this plat and the field notes made a part
PUBLIC USE FOREVER,THE STREETS,RIGHTS-OF-WAY,AND OTHER PUBLIC IMPRO,MENTS SHOWN THEREON thereof from an actual and accurate survey of the land and that the corner monuments shown
THE STREETS AND ALLEYS,IF ANY,.E DEDICATED FOR STREET PURPOSES THE E.EMENTS AND PUBLIC USE thereon were properly placed under my personal supervision,in accordance with the Subdivision
WHEREAS WYLIE LAKE PARK VILLAS LLC,are the sole owners of a tract of land situated in the Atterberry Survey,.stract No 6,City AR,S,.SHOWN,.E DEDICATED,FOR THE PUBLIC USE FOREVER,FOR THE PURPOSES INDICATED ON THIS regulations of the City of Wylie,Texas
of Wylie,Rockwall County,Texas and being a portion of a called 26 653-acre tract of land described in Special Warranty Deed to Wylie PLAT NO BUILDINGS,FENCES,TREES,SHRUBS OR OTHER IMPROVEMENTS OR GRON,THS SHALL BE
Lake Park Ullas LLC,as recorded in Instrument No 20180000010856,Official Public Records,Rockwall County,Texas,and being more CONSTRUCTED OR PLACED UPON,0,R OR ACROSS THE,SEMENTS AS SHOWN,EXCEPT THAT LANDSCAPE
particularly described as follows: IMPROVEMENTS MAY BE PLACED IN LANDSCAPE EASEMENTS,IF APPROVED BY THE CITY COUNCIL OF THE CITY OF
centerlineWYLIE IN.DITION,UTILITY EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL
BEGINNING at an"X"cut in concrete found for the northwest corner of said 26 586-acre tract,being at the intersection of the of ��
Vinson Road,a variable win right-of-way,with the southeasterly right-of-way e of Neva Lane,a eD foot win right-of-way, F WYUEB USE o.°1Bt PRELIMINARY
THEREOF CITY OF WYLIE,TEXAS SUBDIMSION ORDINANCE ADOPTED 2-2,03,AMENDED 7-24-07 Nimley-Horn and Associates,Inc THIS DOCUMENT SHALL
THENCE North,,,,11,11,..East,departing the centerline of said Vinson Road,along the common line of said 26 586-acre tract and said 5750 Genesis Court,Suite 200 NOT BE RECORDED FOR
Neva Lane,a distance 0,40 28 feet to a"X"cut in concrete found at the beginning of a tangent curve to the right having a central angle THE CITY OF WYLIE AND PUBLIC UTILITY ENTITIES SHALL HA,THE RIGHT TO REMO,AND KEEP REMOVED ALL OR Frisco,Texas 75034 ANY PURPOSE AND
02°45'29",a radius 0,410 00 feet,a chord bearing and distance of North 45,6'46"East,19 73 feet, P.TS OF ANY BUILDINGS,FENCES,TREES,SHRUBS OR OTHER IMPROVEMENTS OR GROV,HS WHICH MAY IN ANY Phone 972-33,3580 SHALL NOT BE USED OR
33,3779
as/8inchironroa pTHENCE in a northeasterly wA continuing het(bareinafterref°�atoasatni�°rodset)attheendofsaidcurvetothergnafette D FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTI,,SEMENTS FOR THE PURPOSE OF OTING,INSPECTING,PATROLLING,MAINTAINING,READING METERS,AND ADDING TO CUMENT
N
THENC departing d common line and crossing a zB 586acre tact the following reed and distances F THEIR RESPECTIVE SYSTEMS VdTHOUT THE NECESSITY AT ANY TIME PROCURING STATE OF TEAS y
South B1DDB East,a distance of13B3 feet toan iron rod set for corner, PERMISSION FROM ANYONE COUNTY OFCOLLIN y
This plat approved sub,ect to all planing ordinances,rules,regulations and resolutions of the Orly of Wylie,Texas
South 46,9'26"East,a distance of 666 25 feet to an iron rod set for corner, BEFORE ME,the undersigned,a Notary Public in and for The State of Texas,on this day
WITNESS,my hand,this day of 20 personally appeared MICHAEL B.RX,known to me to be the person and officer whose name is
North 88,034"East,a distance of 14 14 feet to an iron rod set for corner, subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the
BY:WYLIE LAKE PARK VILLAS LLC purposes and considerations therein expressed and in the capacrty therein stated
North,,I.J,1,,,I.Last,a distance ot 11,bLI teet to an iron rod set tor corner,
GI,N UNDER MY HAND AND SEAL OF OFFICE this the day of
North 1,9'26"West,a distance of 14 85 feet to an iron rod set for corner,
BY Ling Chen-Trtle
North 46,9'26"West,a distance of 3 57 feet to an iron rod set for corner,
North 43,034 East,a distance 0,t3000 feet toan iron rod set for corner, OF TEXAS
STATE
Noah Nb,,w West,a distance otJBA a feet to an iron rod set for comer, Notary Public,State of Texas
COUNTY
North 43,0'34"East,a distance of 112 50 feet to a point at the beginning of a non-tangent curve to the right having a central angle of
2,3'51",a radius 0,109 50 feet,a chord bearing and distance of North 26°19 50"West,5 22 feet, BEFORE ME,the undersigned,a Notary Public in and for The State of Texas,on this day personally appeared LING CHEN,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,and acknowledged to me that he
In a northwesterly direction,with said curve to the right,an arc distance 0,5 22 feet to a point at the beginning of a compound curve to executed the same for the purposes and considerations therein expressed and in the capacity therein stated
the right having a central angle 0,3,0'25",a radius 0,312 50 feet,a chord bearing and distance of North 23°12'41"West,19 12 feet,
GI,N UNDER MY HAND AND SEAL OF OFFICE this the day of
In a northwesterly direction,with said curve to the right,an arc distance of 19 13 feet to a point for corner,
RECOMMENDED FOR APPROVAL
North 61°1530"West,a distance of 15 16 feet to an iron rod set on the aforementioned common line of said 26 586-acre tract and said
Neva Lane,same being the
of a
ent curve to the left having a central angle of,,,,,a radius 0,470 00 feet,a Notary Public,State of Texas
chord bearing and d anceofNorth, to,feet,
THENCE In anodbeasterydirerdlon 0 r3 Date
line �a curve of e,T
.Corner,
THENCE departing said common line and crossing said 26 586-acre tract the following courses and distances APPROVED FOR CONSTRUCTION
South 23°53'25"West,a distance of14 03 feet to a point for corner,
756 feet toapontat rveto the,pbtba�ngacentaangleof Hate
P�3,aad 2 feet,a chord be ° d distanceSouth et, 0,of Wylie,,X3S
havingIn a southeasterly direction,with said curve to the left,an arc distance of 25 22 feet to a point at the beginning of a compound curve to
the left
a central angle of1,0 53",a radius of 255 00 feet,a chord bearing and distance of South 40°5900"East,48 95 feet,
y erdio,wthsaidcurvetotbelef,anarcd�Aanceof4902ferdt p tforcorner, 0y Date
Mylle,Tea=
In asoutbea
South 6,9'26 East,a distance Df3B69 feet t point for corner,
The eCMtiecwarof the C,of Wylie,TeX.,,he that the
foapoigfn ptof the a,NE PARK WusPHASE
North 8B4O3B"East,adsanceof1414 feet toanren rod set for corner, NNMylie aubmmeatotbeCNCouncion , ,,by ninths
and the Council,w foetal aalDn men and mere accepted me dedlatm m Street,gey,
IC
Benin 46,9'23E sance 0f50.00metm an tronmtlsetmrocomeL INssenine ells nameaassnsamaoove subsscriaSend
dt eMayorm nets mearceptenco mares
South 43,0'37"West,a distance of 050 feet to an iron rod set for corner,
South state nceDf,4,4metmanrenred set tercDmerl LINE TABLE LINE TABLE CUR„ETABLE CUR„ETABL
ND BEARING LENGTH NO BEARING LENGTH NO DELTA RADIUS LENGTH caoRDBEARNG CHORD caoRDBEARNO
S'outh4,2,2,Last a distance ot VDU LIU teat to an Lon rod set for comer, LI L. C. 2097,3 LENGTH CHORD CyofMeTeas '
South 46,9'26"East,a distance of 189 70 feet to an iron rod set for corner,
South t ,B West,adisanceof044 feet toanian rod set for corner, L6 .aerza�E 3e L. s.903ow 3 .,o, ,q0D ,m33 3�a��E ,m e s
South 46°29'26"East,a distance of 4 24 feet to an iron rod set at the beginning of a tangent curve to the left having a central angle of r:
31°
distance of South
In 4 chord d ,e �° LO , aasoutbeat y said narcdatance0,0Bfettoannrodsetattheendofsdcurvetothelef, 'LIO maw,E Din we,creE o w ��ww ,oa 10 o
North 501805 feet man iron rod setfor corner, L, Sa9D w a, S,D,a�E c,_ D�Q .00 482 .4„CE .36 FINAL PLAT '
Nodbt2Z18"East,a distance of 219 feet to anon red set for corner,
South8B,r4L tango,SD00feettoanronrodsetforremer, ama,ew O. L. a43.30347w ,coo c14 1294. D aDDE LAKE PARK VILLAS
South, ,BFIFIest,adisanreDtBB,tteettoanirenrodsettorremer, L16 S45.2g2,53E 424 Lin S4898wE 1000 c,. 12944, NTH,=®w 6784 PHASE 1
Lin N®,eocE 1314 La, swmsE ,ma CIO .90533 2.90 coo_ s40.000E .06
South 88,7'42"East,a distance of 192 12 feet to an iron rod set for corner on the easterly line of said 26 586-acre tract and the
westerly line of a called 1 58-acre tract of land described in Special Warranty Deed to Lon Bradley
recorded in Volume
e 18,Rea Property Records,Rockwall y,Texas,same e me centerline or v Road,a at right-of-way, L,a aa9n42E L. 14w9g2,5w 30. CIS 89L13 ,a„ N2398aw ,a,. BLOCK B,LOTS 1-31,79X;
E CIO 390x ,a,a a 24,E 10 12 BLOCK C LOTS 15-49,51X-52X;
THENCE South t the easterly line of said 1 58-acre tract,the westerly line of Sunrise Beach Estates,an addition to me cfvor thewvnaeaao�a`ng said
Troy Road,
westerly of said e„�E .0 1D24.3 ,re6T 3710' a D,E 3ow BLOCK D,LOTS 14-19; ^
A,Slide 53,Plat Records,Rockwall County,Texas,and the westerly line of a called 1-acre tract of land described in o L, N.o9.oe E 14.7 ,e N
Otis J and Elsie T Juneau recorded inVolume 3052,Page 280,said Real Property Records,distance of 433 81 feet to a 12 inch iron rod L. N539057E 1,11 .2 L,„om ,wD 431 N3394,cw 427 BLOCK E LOT 1X
found for the southwest corner of said 1-acre
same being the northwest
corner or Watermark,an aaan on to the v v �acco e p a Pat Records, n,E 14,0 D..a 1,55.18.023E am 72 RESIDENTIAL LOTS
1,1
THENCE South U-1/•11"West,continuing along the easterly 26 586-acre tract and the westerly line of said Watermark and the centerline
ma9n42E C. 398. e 16 60. a a44E 16 60. 4 HOA LOTS
of said Troy Road,a distance of 405 08 feet to a mag nail set for the southerly corner of said 26 586-acre intersection of the centerline of said Troy b South EsaTf t common with the
as and me centerline of aforementioned on Road,from which e found for BEING 12,284 ACRES SITUATED IN THE F.
witness eaa DI a Wylie Lake ParkVillas LLC ATTERBERRY SURVEY,ABSTRACT NO.6THENCE North g
centerline of Vinson Road, orne4sBteeuome POINT containing aa4ac��sa6,0 p�e7 or °B CITY OF WYLIE,ROCKWALL COUNTY,TEXAS 1
Phone
reorle Contact 42701 Custer en i APPLICANT
Nimley-Horn and Associates,Ide20O Inc Kimley>>>Horn
5750 Genesis Court,S
Frisco,Texas 75034 co Teaa 3 10193822 TaI.3o , 335
Planning & Zoning
Commission
AGENDA REPORT
Meeting Date: August 20, 2019 Public Hearing: 1
Department: Planning
Prepared By: Jasen Haskins Subdivision: N/A
Date Prepared: August 16, 2019 Zoning District:
HB3167, Zoning Ordinance
Sections 6.1 and 8.1, and
Subdivision Regulations
Exhibits: Sections 2.2-2.4
Subject
Hold a Public Hearing to consider, and act upon, a recommendation to City Council regarding repealing and
adopting regulations to Zoning Ordinance (2001-48) Article 6, Section 6.1 Planned Development Districts,
Zoning Ordinance (2008-27) Article 8 Section 8.1 Zoning Related Applications, and to the Subdivision
Regulations (2007-21) Sections 2.2, 2.3, and 2.4 Procedures and Approval.
Recommendation
Motion to recommend(approval/denial)to the City Council regarding repealing and adopting regulations to
Zoning Ordinance (2001-48) Article 6, Section 6.1 Planned Development Districts, Zoning Ordinance (2008-
27) Article 8 Section 8.1 Zoning Related Applications, and to the Subdivision Regulations (2007-21) Sections
2.2, 2.3, and 2.4 Procedures and Approval.
Discussion
With the close of the 86th Legislature Regular Session came many changes that will have a direct impact on municipalities.
In work sessions at the August 6,2019 Planning and Zoning Commission meeting and the August 13,2019 City Council
meeting, staff discussed some of those changes and possible ordinance and regulation changes that may be needed as a
result of the new statutes. Staff was given direction as outlined below:
House Bill 2439 prohibits a Governmental entity from adopting or enforcing an ordinance that limits the use or
installation of a building product or material if the building product or material is approved for use by a national model
code published within the last three code cycles.This bill applies to both residential and commercial properties.However,
there are some areas that are protected from the regulations of HB 2439.Any PDs or Overlay Districts established before
April 1, 2019 are protected if there is language that establishes the area as "Architecturally Significant". The Downtown
Historic District and the South Ballard Overlay District would fall under this exemption. By Resolution we would have
to list all approved PDs that are Architecturally Significant.
Based on direction from the Commission and Council:
• At this time there will not be any changes to the Zoning Ordinance or Subdivision Regulations in regards to
building materials.
• Staff has prepared a Resolution for City Council to consider at the August 27, 2019 meeting that will declare all
relevant PDs, SUPs, and zoning cases as historically, culturally, or architecturally significant.
Page 1 of 2
Page 11 of 52
Page 2 of 2
• Staff is researching other ordinance and regulation options in lieu of building materials, such as architectural
element and will present recommendations when the work is complete.
House Bill 2840 requires that any citizen can speak on any item on the open meeting agenda, before or during
consideration of the item.
Based on direction from the Commission and Council:
• Staff is awaiting City Council Rules of Procedure for this item and will prepare a recommended update to the
P&Z Commission RoP when appropriate.
House Bill 3167(Exhibit A)makes changes to the site plan and subdivision platting approval process. The Commission
must approve or recommend approval, approve with conditions or recommend approval with conditions, or disapprove
or recommend disapproval with explanation, the plan or plat, respectively, within 30 days of the application submittal.
On plats, City Council must approve, approve with conditions, or disapprove with 30 days of the Commission's
recommendation.
A plan or plat is approved by the council unless it is approved with conditions or disapproved within that 30-day period.
If disapproved or approved with conditions the municipality must provide a written statement citing the ordinance(s)
and/or statues that the plan or plat does not confoiiu to. If the applicant re-submits addressing the cited reasons, council
must approve within 15 days of receiving the revisions. The City may not ask an applicant to waive the 30-day action
deadline. However, an applicant may elect to waive the deadline on their own.
Based on direction from the Commission and Council:
• Staff has made recommended changes to the Zoning Ordinance and Subdivision Regulations to allow Staff, the
Commission, and Council to protect the City's interests while complying with the State statutes.
• Exhibit B(Section 6.1 of the Zoning Ordinance)contains recommended changes that define and clarifies concept
and site plans,updates application requirements, and updates Commission and Council required actions.
• Exhibit C (Section 8.1 of the Zoning Ordinance) contains recommended changes that update application
requirements, define and clarify concept and site plans, and updates Commission and Council required actions.
• Exhibit D (Sections 2.2-2.4 of the Subdivision Regulations) contains recommended changes that update
application requirements, eliminates language that contradicts the statute, updates Commission and Council
required actions, eliminates repetitive language, and clarifies the needed engineering before a preliminary plat.
City Council will consider this item on August 27,2019
Approved By
Initial Date
Department Director JH August 16 2019
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7/26/2019 86(R)HB 3167-Enrolled version-Bill Text
r"'Xhohot AH.B. No. 3167
AN ACT
relating to county and municipal approval procedure for land
development applications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212. 001, Local Government Code, is
amended by amending Subdivision (2) and adding Subdivision (3) to
read as follows:
(2) "Plan" means a subdivision development plan,_
including a subdivision plan, subdivision construction plan, site
plan, land development application, and site development plan.
_(3)_ "Plat" includes a preliminary plat, general plan,
final plat, and replat.
SECTION 2. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Section 212. 0085 to read as follows:
Sec. 212. 0085. APPROVAL PROCEDURE: APPLICABILITY. The
approval procedures under this subchapter apply to a municipality
regardless of whether the municipality has entered into an
interlocal agreement, including an interlocal agreement between a
municipality and county under Section 242. 001 (d)_
SECTION 3. The heading to Section 212. 009, Local Government
Code, is amended to read as follows:
Sec. 212. 009. APPROVAL PROCEDURE: INITIAL APPROVAL.
SECTION 4. Section 212. 009, Local Government Code, is
amended by amending Subsections (a) , (b) , (c) , and (d) and adding
Subsections (b-1) and (b-2) to read as follows:
(a) The municipal authority responsible for approving plats
shall approve, approve with conditions, or disapprove [act on] a
plan or plat within 30 days after the date the plan or plat is filed.
A plan or plat is [con3idcrcd] approved by the municipal authority
unless it is disapproved within that period and in accordance with
Section 212. 0091.
(b) If an ordinance requires that a plan or plat be approved
by the governing body of the municipality in addition to the
planning commission, the governing body shall approve, approve with
conditions, or disapprove [act on] the plan or plat within 30 days
after the date the plan or plat is approved by the planning
commission or is [con3idcrcd] approved by the inaction of the
commission. A plan or plat is [con3idcrcd] approved by the
governing body unless it is disapproved within that period and in
accordance with Section 212. 0091.
_(b=1) Notwithstanding Subsection (a) or (b)_, if a
groundwater availability certification is required under Section
212. 0101, the 30-day period described by those subsections begins
on the date the applicant submits the groundwater availability
certification to the municipal authority responsible for approving,
plats or the governing body of the municipality., as applicable.
_(0-2) Notwithstanding Subsection (a) or (b)_, the parties
may extend the 30-day period described by those subsections for a
period not to exceed 30 days if:
_(1) the applicant requests the extension in writing to
the municipal authority responsible for approving_plats or the
governing body of the municipality_, as applicable; and
_(2) the municipal authority or governing body_, as
applicable, approves the extension request.
(c) If a plan or plat is approved, the municipal authority
giving the approval shall endorse the plan or plat with a
certificate indicating the approval. The certificate must be signed
by:
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(1) the authority's presiding officer and attested by
the authority's secretary; or
(2) a majority of the members of the authority.
(d) If the municipal authority responsible for approving
plats fails to approve, approve with conditions, or disapprove [act
ear] a plan or plat within the prescribed period, the authority on
the applicant's request shall issue a certificate stating the date
the plan or plat was filed and that the authority failed to act on
the plan or plat within the period. The certificate is effective in
place of the endorsement required by Subsection (c) .
SECTION 5. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Sections 212. 0091, 212. 0093, 212. 0095,
212. 0096, 212. 0097, and 212. 0099 to read as follows:
Sec. 212. 0091. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR
DISAPPROVAL REQUIREMENTS. (a) A municipal authority or governing,
body that conditionally approves or disapproves a plan or plat
under this subchapter shall provide the applicant a written
statement of the conditions for the conditional approval or reasons
for disapproval that clearly articulates each specific condition
for the conditional approval or reason for disapproval.
_(b) Each condition or reason specified in the written
statement:
_(1) must:
_(A) be directly related to the requirements under
this subchapter; and
_(B) include a citation to the law, including a
statute or municipal ordinance, that is the basis for the
conditional approval or disapproval, if applicable; and
22) may not be arbitrary_
Sec. 212. 0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
approval or disapproval of a plan or plat under Section 212. 0091,_
the applicant may submit to the municipal authority or governing,
body that conditionally approved or disapproved the plan or plat a
written response that satisfies each condition for the conditional
approval or remedies each reason for disapproval provided. The
municipal authority or governing body may not establish a deadline
for an applicant to submit the response.
Sec. 212. 0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
OF RESPONSE. (a) A municipal authority or governing body that
receives a response under Section 212. 0093 shall determine whether
to approve or disapprove the applicant's previously conditionally
approved or disapproved plan or plat not later than the 15th day
after the date the response was submitted.
_(b) A municipal authority or governing body that
conditionally approves or disapproves a plan or plat following the
submission of a response under Section 212. 0093:
21) must comply with Section 212. 0091; and
22) may disapprove the plan or plat only for a specific
condition or reason provided to the applicant under Section
212. 0091.
_(c) A municipal authority or governing body that receives a
response under Section 212. 0093 shall approve a previously
conditionally approved or disapproved plan or plat if the response
adequately addresses each condition of the conditional approval or
each reason for the disapproval.
_(d) A previously conditionally approved or disapproved plan
or plat is approved if:
21) the applicant filed a response that meets the
requirements of Subsection (c)_; and
22) the municipal authority or governing body that
received the response does not disapprove the plan or plat on or
before the date required by Subsection (a) and in accordance with
Section 212. 0091.
Sec. 212. 0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
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PROCESS. (a) Notwithstanding Sections 212. 009, 212. 0091, 212. 0093,_
and 212. 0095, an applicant may elect at any time to seek approval
for a plan or plat under an alternative approval process adopted by
a municipality if the process allows for a shorter approval period
than the approval process described by Sections 212. 009, 212. 0091,_
212. 0093, and 212. 0095.
_(b) An applicant that elects to seek approval under the
alternative approval process described by Subsection (a) is not:
21) required to satisfy the requirements of Sections
212. 009, 212. 0091, 212. 0093, and 212. 0095 before bringing an action
challenging a disapproval of a plan or plat under this subchapter_
and
_(2)_prejudiced in any manner in bringing the action
described by Subdivision (1)_, including satisfying a requirement to
exhaust any and all remedies.
Sec. 212. 0097. APPROVAL PROCEDURE: WAIVER PROHIBITED. A
municipal authority responsible for approving_plats or the
governing body of a municipality may not request or require an
applicant to waive a deadline or other approval procedure under
this subchapter.
Sec. 212. 0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a plan or plat under this
subchapter, the municipality has the burden of proving by clear and
convincing evidence that the disapproval meets the requirements of
this subchapter or any applicable case law. The court may not use a
deferential standard.
SECTION 6. Section 212. 014, Local Government Code, is
amended to read as follows:
Sec. 212. 014. REPLATTING WITHOUT VACATING PRECEDING PLAT.
A replat of a subdivision or part of a subdivision may be recorded
and is controlling over the preceding plat without vacation of that
plat if the replat:
(1) is signed and acknowledged by only the owners of
the property being replatted;
(2) is approved[, aftcr a public hcaring on the mattcr
at which partic3 in intcrc3t and citizcn3 havc an opportunity to be
hcard, ] by the municipal authority responsible for approving plats;
and
(3) does not attempt to amend or remove any covenants
or restrictions.
SECTION 7. Section 212. 015, Local Government Code, is
amended by adding Subsections (a-1) , (f) , and (g) and amending
Subsection (b) to read as follows:
2a=1) If a proposed replat described by Subsection (a)_
requires a variance or exception, a public hearing must be held by
the municipal planning commission or the governing body of the
municipality_
(b) Notice of the hearing required under Subsection (aa=1)_
[Scction 212. 014] shall be given before the 15th day before the date
of the hearing by:
(1) publication in an official newspaper or a
newspaper of general circulation in the county in which the
municipality is located; and
(2) by written notice, with a copy of Subsection (c)
attached, forwarded by the municipal authority responsible for
approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be
replatted, as indicated on the most recently approved municipal tax
roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the
property upon which the replat is requested. The written notice may
be delivered by depositing the notice, properly addressed with
postage prepaid, in a post office or postal depository within the
boundaries of the municipality.
_(f) If a proposed replat described by Subsection (a) does
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not require a variance or exception, the municipality shall, not
later than the 15th day after the date the replat is approved,
provide written notice by mail of the approval of the replat to each
owner of a lot in the original subdivision that is within 200 feet
of the lots to be replatted according to the most recent
municipality or county tax roll. This subsection does not apply to
a proposed replat if the municipal planning commission or the
governing body of the municipality holds a public hearing and gives
notice of the hearing in the manner provided by Subsection (b)_
_(.g) The notice of a replat approval required by Subsection
_(f) must include:
21) the zoning designation of the property after the
replat; and
22) a telephone number and e-mail address an owner of a
lot may use to contact the municipality about the replat.
SECTION 8. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Section 232. 0023 to read as follows:
Sec. 232. 0023. APPROVAL PROCEDURE: APPLICABILITY. The plat
application approval procedures under this subchapter apply to a
county regardless of whether the county has entered into an
interlocal agreement, including an interlocal agreement between a
municipality and county under Section 242. 001 (d)_
SECTION 9. The heading to Section 232. 0025, Local
Government Code, is amended to read as follows:
Sec. 232. 0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS
AND PLANS.
SECTION 10. Section 232. 0025, Local Government Code, is
amended by amending Subsections (d) , (f) , (g) , (h) , and (i) , and
adding Subsection (d-1) to read as follows:
(d) Except as provided by Subsection (f) , the commissioners
court or the court's designee shall approve, approve with
conditions, or disapprove [takc final action on] a plat
application[, including the resolution of all appcals, ] not later
than the 30th [GOth] day after the date the [-a] completed [fit=]
application is received by the commissioners court or the court's
designee. An application is approved by the commissioners court or
the court's designee unless the application is disapproved within
that period and in accordance with Section 232. 0026.
2d=1) Notwithstanding Subsection (d)_, if a groundwater
availability certification is required under Section 232. 0032, the
30-day period described by that subsection begins on the date the
applicant submits the groundwater availability certification to
the commissioners court or the court's designee, as applicable.
(f) The 30-day, [GO day] period under Subsection (d) :
(1) may be extended for a [rcasonablc] period not to
exceed 30 days, if:
_(A) requested and agreed to in writing by the
applicant and approved by the commissioners court or the court's
designee; or
_(B)_ [ (2) may be cLtcndcd GO additional days if]
Chapter 2007, Government Code, requires the county to perform a
takings impact assessment in connection with the [-a] plat
application; and
22)_ [ (3) ] applies only to a decision wholly within the
control of the commissioners court or the court's designee.
(g) The commissioners court or the court's designee shall
make the determination under Subsection 2f)_(1)_ [ (f) (2) ] of whether
the 30-day [GO day] period will be extended not later than the 20th
day after the date a completed plat application is received by the
commissioners court or the court's designee.
(h) The commissioners court or the court's designee may not
require [compcl] an applicant to waive the time limits or approval
procedure contained in this subchapter [scction] .
(i) If the commissioners court or the court's designee fails
to approve, approve with conditions, or disapprove a plat
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application [talcc final action on the plat] as required by this
subchapter [Subscction (d) ] :
(1) the commissioners court shall refund the greater
of the unexpended portion of any [fit=] application fee or deposit
or 50 percent of an [a plat] application fee or deposit that has
been paid;
(2) the [fit=] application is granted by operation of
law; and
(3) the applicant may apply to a district court in the
county where the tract of land is located for a writ of mandamus to
compel the commissioners court to issue documents recognizing the
plat application's [plat'3] approval.
SECTION 11. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Sections 232. 0026, 232. 0027, 232. 0028,
232. 00285, and 232. 0029 to read as follows:
Sec. 232. 0026. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR
DISAPPROVAL REQUIREMENTS. (a) A commissioners court or designee
that conditionally approves or disapproves of a plat application
under this subchapter shall provide the applicant a written
statement of the conditions for the conditional approval or the
reasons for disapproval that clearly articulates each specific
condition for the conditional approval or reason for disapproval.
_(b) Each condition or reason specified in the written
statement:
_(1) must:
_(A) be directly related to the requirements of
this subchapter; and
_(B) include a citation to the law, including a
statute or order, that is the basis for the conditional approval or
disapproval, if applicable; and
22) may not be arbitrary_
Sec. 232. 0027. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
approval or disapproval of a plat application under Section
232. 0026, the applicant may submit to the commissioners court or
designee that conditionally approved or disapproved the
application a written response that satisfies each condition for
the conditional approval or remedies each reason for disapproval
provided. The commissioners court or designee may not establish a
deadline for an applicant to submit the response.
Sec. 232. 0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
OF RESPONSE. (a) A commissioners court or designee that receives a
response under Section 232. 0027 shall determine whether to approve
or disapprove the applicant's previously conditionally approved or
disapproved plat application not later than the 15th day after the
date the response was submitted under Section 232. 0027.
_(b) A commissioners court or designee that conditionally
approves or disapproves a plat application following the submission
of a response under Section 232. 0027:
21) must comply with Section 232. 0026; and
22) may disapprove the application only for a specific
condition or reason provided to the applicant for the original
application under Section 232. 0026.
_(c) A commissioners court or designee that receives a
response under Section 232. 0027 shall approve a previously
conditionally approved or disapproved plat application if the
applicant's response adequately addresses each condition for the
conditional approval or each reason for the disapproval.
_(d) A previously conditionally approved or disapproved plat
application is approved if:
21) the applicant filed a response that meets the
requirements of Subsection (c)_; and
22) the commissioners court or designee that received
the response does not disapprove the application on or before the
date required by Subsection (a) and in accordance with Section
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232. 0026.
Sec. 232. 00285. DEVELOPMENT PLAN REVIEW. (a) In this
section, "development plan" includes a preliminary plat,_
preliminary subdivision plan, subdivision construction plan, site
plan, general plan, land development application, or site
development plan.
_(b) Unless explicitly authorized by another law of this
state, a county may not require a person to submit a development
plan during the plat approval process required by this subchapter.
If a county is authorized under another law of this state to require
approval of a development plan, the county must comply with the
approval procedures under this subchapter during the approval
process.
Sec. 232. 0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a plat application under this
subchapter, the county has the burden of proving by clear and
convincing evidence that the disapproval meets the requirements of
this subchapter or any applicable case law. The court may not use a
deferential standard.
SECTION 12. Section 232. 0025 (e) , Local Government Code, is
repealed.
SECTION 13. The change in law made by this Act applies only
to a plat application filed on or after the effective date of this
Act. A development or plan application filed before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 14. This Act takes effect September 1, 2019.
President of the Senate Speaker of the House
I certify that H.B. No. 3167 was passed by the House on May 2,
2019, by the following vote: Yeas 119, Nays 18, 1 present, not
voting.
Chief Clerk of the House
I certify that H.B. No. 3167 was passed by the Senate on May
21, 2019, by the following vote: Yeas 27, Nays 3, 1 present, not
voting
Secretary of the Senate
APPROVED:
Date
Governor
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Ilu u
a y'(4 wl
ZONING ORDINANCE
ARTICLE 6 SPECIAL PURPOSE AND OVERLAY DISTRICTS
SECTION 6.1 PLANNED DEVELOPMENT DISTRICT(PD)
A. Purpose
There exists in the City, tracts where the zoning regulations contained in the districts in
Article 3 Residential District Standards and Article 4 Nonresidential District Standards may
not provide for the development of innovative projects desired by property owners and
envisioned by the City's Comprehensive Plan. To allow for innovative development projects
in a way that can assist in the implementation of the Comprehensive Plan and other
development goals and objectives, a Planned Development (PD) District is provided as a
special district that may be used in these instances to provide a general benefit to the City as
a whole.
B. General Provisions
1. Separate Ordinance. Each Planned Development District shall be established by a
separate ordinance. An approved conceptti 4 plan for the entire property shall be part of
the ordinance establishing a PD District. f:..c>r...,huur)oses of Local Government ent. Code
Section 212 O0.., a concept, plan is an exhibit, within a zoning case and not. a "sdan" or
plat.', and is not s.0 b`ect. to the re mdations within..
2. Minimum Area Requirement
a. Non-residential Uses.No minimum area required.
b. Residential Uses. Residential PD Districts shall be a minimum of 5 acres. However,
the Commission may waive this minimum area requirement when necessary to
promote innovative development, meet the goals of the Comprehensive Plan, or
address parcels with topographic or other site-related constraints.
3. Site Plan Required. Within established PD Districts, sate- �.
plans shall be required. Sitel4e -c en4 plans may be developed for individual
properties, tracts, phases., or subareas within the PD district. In reviewing and approving
q.:te ei p.mheifft plans, the Commission shall use the approved conceptual plan, zoning
regulations and performance criteria and standards contained in the PD district ordinance
adopted by the Council. No s_a.:ted at,plan may be approved that is not consistent
with the approved conceptu4 plan and PD ordinance for the property.
4. Permitted Uses. A PD District may contain any use or combination of uses listed in
Article 5. The uses permitted in a PD shall be listed in the ordinance establishing the
district. If a use is desired that is not currently a listed use in Article 5, a new use may be
classified, within the PD ordinance, by following the procedures in Section 5.6 New and
Unlisted Uses.
5. Development Standards. The cc>nce d.e.. mat plan and ordinance establishing a PD
shall specify such regulations as deemed necessary to achieve the goals and objectives of
the PD, including but not limited to regulations governing heights of buildings and
structures, lot size, floor area requirements, density, coverage, and setbacks.
6. Standards Not Specified. The remaining regulations in this ordinance control unless
they are expressly altered by the PD ordinance in accordance with this section.
Page 19 of 52
4 t.aE ZONING ORDINANCE
7. Additional Regulations. The PD ordinance may contain any additional regulations,
special exceptions, or procedures considered necessary to achieve the innovative aspects
of the project, or to minimize potential adverse impacts that could result from the creation
of the district.
C. Initiation of a PD
1. A PD district shall be initiated by application of all property owners within the area of
request. The applicant shall comply with the zoning amendment procedures for a change
in zoning district classification, except as expressly amended in this section.
2. A pre-application conference is required prior to the formal submittal of an application
for a PD district. The applicant shall request a.n._ „t end a pre-application conference with
the .14.=eetofthe Cit Planner and other a s sro snare Cit Officials srior to formal
4pplication.
3. At the pre-application conference, the applicant shall provide a concept plan that
includes, but is not limited to, the following information: proposed land uses, density,
approximate gross square footage of nonresidential uses, number of dwelling units by
type, access, projected height, topography, significant environmental features, and a
statement of the innovative aspects of the proposed development that requires the
creation of the PD District.
4. Based on the information provided by the applicant, the City Pldnner.14.ifcct shall:
a. Provide initial comments concerning the merits of the proposed development;
b. State what information shall be provided in the d:eo l...ifiefu......l concept,,,,,.plan for a
complete review of the proposed development; and
c. Provide any other information necessary to aid the applicant in the preparation of the
complete PD application.._ .p........,src>vide a sre develo sment letter.
5. Application for a PD shall be made to the City PlannerDi - on a form furnished by
the City. A s slications are onl accepted on the dates shown on the Submittal Calendar
available; on the City. welbsite or in the Planning office. A complete application shall
contain all of the following:
a. The application fee and:....pre....development letter.
b. The name, address, telephone number, and signature of the applicant. If the applicant
is not the owner of the lot, the applicant shall submit a letter from the owner
authorizing the applicant to act on the owner's behalf.
c. The name, address, telephone number of the owner of the property. If there is more
than one owner, the names and addresses of all owners shall be provided.
d. The name, address, telephone number of the land planner or engineer responsible for
the preparation of the concept plan, if any.
e. The street address, if any, and complete legal description of the property.
f. A conceptual plan including any proposed phasing.
......... An...... �.......:.p....:.l—inc9 h and v - l-1..u.s4t.ifm of
p9:. . r }1..: 'a newt detail but general e eugh.....:tom Ti..: .l.e..
7, p:The concepta44 plan submitted under this section shall:
a. IE An illustration of the.......concept, plat, in a... format determined by the City Planner.
showing sr.ufficaent detail., but, general enough to be legalble..neu (-i---fE
tl,�� tl r „-
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 20 of 52
e' t..ai.:a ZONING ORDINANCE
l}4-a i ne"..copies foT-t e aVlQ.tasas eau inuissi-➢Gl i , ......:b a pa ll die Corn ssaon
b. Have a scale of one inch equals 100 feet or larger (e.g., one inch equals 50 feet, or
one inch equals 40 feet, etc) and be Ec>nmatted. Eli-a--standard dry y➢ et o-ffor a size
ofi+E e-xcoed 24 inches by 36 inches. In the event a single sheet is not practicable,
multiple sheets may be used if, on each sheet:
(1) Match lines are indicated; and
(2) A composite drawing is provided that shows the entire proposed development,
location of the match lines, sheet numbers, and the location of the sheet within
the proposed development by the shading in of the appropriate area on the
composite.
c. Include a location diagram showing the property in relation to surrounding streets.
d. Contain title block and reference information pertaining to the property and plan,
including the name of the project, the names of persons responsible for preparing the
plan, the scale of the plan, both graphic and numeric, and the date of submission with
provisions for dating revisions.
e. Show the dimensions of the property and indicate its area in both square feet and
acres.
f. Contain in written and tabulated form, proposed uses within the PD, heights of
buildings and structures, lot size, floor area requirements, density, coverage, and
setbacks. If necessary this information should be broken down for each use proposed
on the site.
g. Show any other proposed changes to development regulations contained in this
chapter.
7. To the extent possible, the conceptua4 plan should also:
a. Show or describe the building envelope for each existing and proposed building on
the lot.
b. Show the location and dimensions of all existing streets, alleys, easements for
utilities, streets, and other purposes, floodplains as defined by the Federal Emergency
Management Administration (FEMA), and/or other official drainage information.
c. Show all areas proposed for dedication or reservation.
d. Show setback lines and building lines for each existing and proposed building on the
lot.
e. Show all existing and proposed points of ingress and egress to the property, and for
those tracts adjacent to an arterial thoroughfare, indicate estimated peak hour turning
movements to and from existing and proposed public and private streets and alleys.
f. Show all existing and proposed median cuts and driveway locations within 250 feet
of the property.
g. Show all existing and proposed off-street parking and loading areas, indicating the
general dimensions of parking bays, aisles, and driveways, and the number of cars to
be accommodated in each row of parking spaces.
h. Show all existing and proposed provisions for pedestrian circulation on the lot
including sidewalks, walkways, crosswalks, and pedestrian plazas.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 21 of 52
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
•
4 t..E ZONING ORDINANCE
i. Show the location and indicate the type of any special traffic regulation facilities
proposed or required.
j. Show the existing and proposed topography of the property using contours of two feet
or less. Existing contours should be shown with dashed lines and proposed contours
should be shown with solid lines.
k. Show the location and indicate the type of any existing or proposed mechanical or
electronic equipment capable of producing noise that crosses the property line.
I. Show any other reasonable and pertinent information that would assist the ( g„ry
Plan er-1 it in determining the appropriateness of the PD.
D. Commission Review and Action
1. Once a complete application for a PD has been received and reviewed, the ( ily
J..anner-l:).. ee e= shall schedule a public hearing before the Commission to receive public
comment regarding the plan. Scheduling a.p.......,,N.notification of the public hearing shall be
as any other change in zoning classification..... .....m.g. be recuired b Shute law Fund Section
$..1 of this (.ordinance.
............................................................................................................................................
2. After the public hearing, the Commission shall make a recommendation of approval„
a....ov..d with _c onditions. or denial,, regarding the PD application and forward it to the
Council for ipp ov..l,...a-)srova! with conditions. or denial..f yea s ti r
3. The City PldnnerlfP.w f shall prepare a PD district ordinance based on the Commission
recommendation on the applicants conceptual-plan. The ordinance shall contain
regulations governing permitted uses, heights of buildings and structures, lot size, floor
area requirements, density, coverage, and setbacks, and may further contain any
additional regulations, special exceptions, or procedures that the Commission considers
necessary to achieve the innovative aspects of the conceptual. plan, or to minimize
potential adverse impacts which could result from the creation of the district. The
conceptual. plan and development conditions shall be attached and made a part of the PD
ordinance.
E. Council Review and Action
1. After preparation of the ordinance by the City Attorney, the Council shall hold a public
hearing to allow all interested parties to present their views regarding the proposed PD
district ordinance. Notice of this public hearing shall be given in the same manner as a
public hearing for a change in zoning district classification.
2. Following adoption of the PD district ordinance by the Council, the (.i..:ty.. '.. anneI Pw
shall amend the official zoning map to reflect the change of zoning district classification
on the property. The PD ordinance and the conceptual plan shall be used in the review
and approval of all development related permits for the property governed by the PD.
F. Amendments to the Conceptual plan
1. An amendment to the conceptual. plan and development conditions is a change in zoning
district classification and shall follow the same procedures set out in this section, except
the City Pldnnerl)iteetc u= may authorize minor changes in the conceptual plan and
conditions that do not:
a. Alter the basic relationship of the proposed development to adjacent property;
b. Change the uses permitted;
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS Page 22 of 52
t..RL�" ZONING ORDINANCE
c. Increase the maximum density, floor area ratio, or height;
d. Decrease the amount of required off-street parking; or
e. Reduce the minimum yards required at the boundary of the site.
2. The applicant shall submit a revised conceptual plan and development conditions that
reflects the requested changes.
3. An applicant may appeal any decision of the City PdannerP•irectof to the Commission.
Page 23 of 52
I C
oi VON i
ZONING ORDINANCE
ARTICLE 8 DEVELOPMENT REVIEW PROCEDURES
SECTION 8.1 ZONING AN SITE-RELATED APPLICATIONS
A. General
1. 521211thEila: * * of an Application
a. Pre-application Conference
(1) An applicant for a change in zoning or site plan is effeeufa-hged-requi red to request
arid allend a pre-application conference with the Cit PlannerDirector and other
ro hate Cit officials prior to formal application.
(2) At the pre-application conference, the applicant ,shallshishuhl present a draft
concept plan with as much detail as possible.
(3) Based on the information presented, the 01 PlannerD ee4ef will provide a Pre
Develgpment letter containing initial comments concerning the merits of the
proposed development and inform the applicant of any additional requirements
for preparation of the formal zoning application.
b. Application Requirements. No application shall be accepted or reviewed which is not
complete and accompanied by the payment of fees as established in this Code or other
ordinances of the City of Wylie. All applications shall be filed with the City on forms
available from the City of Wylie.
c. sFfitisliSds iffittici+441,ffSs Shifft SSis t*!;1i4S t•SS S
p•Fi1H" thv 14E4 schtqh+hql htrafint HTIsphSted apptica4-ions SiiiS plan and
develiviiimi- Hifi+OffSFOors4 S Stibiiii4414 IsSsf•S+ W SYs44,S fifSt
hArd-Fint
Sitti •Chhhh f .11.11,,,hhh
ad. A -Ssibrroilid -Ssch.kdu .k is available posted-sm the City. of pidnning
cdikmddr and in the Planning offices Aii subrnittAs sh.cd pnyjaccj.ted on those
dates listed. f . . 44LfLt-
eis, Preparation. All plans submitted pursuant to this Zoning Ordinance shall be prepared
by a registered architect, engineer, landscape architect, or certified city planner.
fisee. Documents Required. The applicant shall submit the following es
Esfssub+rshittakdocuments in support of an application in order to provide for adequate
review of the application:
(1) Ph sical and/or electronic co. ies Six Cie, of all conce.t site and landsca e
plans, elevations and other drawings that form the submittal, in a fgrp2:41
determined b the Cit Planner which shall be listed on the official submittal
.pp cation. fl-"Ibitefhthhilb- "
(2) One copy of a ç,o....pjtjhe Application form and 8 1/2" x hp446
• re develo ment letter glci, a legal
description of all tracts involved in the application.
Page 24 of 52
i ' ai r1 i ZONING ORDINANCE
(3) 1f._ e ded,, ;()one copy of the Development Schedule, Preliminary Service plan,
Draft Development Agreement and any other supporting material as may be
required.
. Posting property for zoning changes.
Any person, firm or corporation requesting a change in zoning from one district
classification to another district classification shall be required to place and maintain a sign
or signs, provided by the Planning Department, upon the property for which a change in
zoning has been requested, which sign or signs shall be located as follows:
a. One sign for the first three hundred (300) feet of each street frontage and one sign for
each additional one thousand (1,000) feet of street frontage, shall be located within
thirty (30) feet of the abutting street, or as determined by the en,y Planner Dio of
r
h 1[ r�nig lcpa -ent or his/her designee.
b. So as to be clearly visible and readable from the public right-of-way and not obstructed
in any manner.
c. So as not to create a hazard to traffic on the public rights-of-way abutting the property.
d. On the subject property at least fifteen (15) days prior to the hearing of such zoning
request by the Planning and Zoning Commission, and to remain continuously on said
property until final action by the City Council or withdrawal of the case by the
applicant.Removal of the sign by the applicant after a recommendation by the Planning
and Zoning Commission shall constitute a withdrawal of the request.
e. The signs, caused to be placed by the Planning Department shall be of a size, type, and
message content as determined by the e..“ Planner Director of the.. Phatirtint
Depaftfa...... but shall advise the rezoning is requested and shall list the telephone
number of the Department of Planning for more information.
f. Upon making an application for a zoning change, the Applicant will place sign(s)
provided by the Planning Department as required by this section. After the zoning
change is approved in final form by the City Council, denied by the City Council, or
withdrawn by the applicant, the Applicant shall return the sign to the Planning
Department within ten (10) days of such event.
g. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign
which gives notice that a rezoning has been requested.
h. In the event the applicant shall fail to place or maintain signs in accordance with Section
8.1.A.3, then the public hearing(s)before either the Planning and Zoning Commission
or the City Council, shall be postponed to a date in the future which would allow time
for compliance.
i. The erection of any sign required by this section shall not require a permit under the
city sign ordinance.
j. The owner or applicant shall promptly notify the Planning Department to replace any
sign required by this ordinance which becomes stolen or vandalized and a police report
must be filed. The City, Planner P. °....ni-ng-shall have the power to decide whether or not
there has been substantial compliance with the posting requirements in the case of
stolen or vandalized signs.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES Page 25 of 52
i ' aiVON ZONING ORDINANCE
k. Failure to return the sign in accordance with this Ordinance shall result in a fee of
$100.00 charged to the applicant. No building permit or certificate of occupancy will
be issued until all fees have been satisfied.
Abbl Q ws1 ns.-rr hiHirti lFYlf- & kAlk.'... 6@ rt°Q Ike@Alrtlii i-With 1-'( - .Q 9=h rks faika".°r an
laisn- r.Q `p"°r b PP Po H r-if l r'rif-ion- o.. ..if m ,.ky sa-insehotinal, Fshans "°p &
a.awha wniky vs o-tlo- l kw l tanwhit h °a haiiii'riN Oak.
Required Concept Plan
1. Applicability
a. Concept plans shall be required with.,...a . zoninb request and skull comprise part of the
zoning on the site, and changes to concept plans shall constitute a change in zoning.
For purposes of Local Government (ode Section 212 001, a concept plan is are exhibit
within a zgpipp case and not a " lan" or " lat" and is not sub'ect to the rea ulatiom
within..
..............................................
b. If, in the opinion of the Cit.y Planner�•l - a site plan does not conform to the
concept plan approved by the City, the applicant shall either seek approval of a revised
concept plan (through re-zoning) or submit a revised site plan.
2. Purpose
The purpose of a concept plan is to provide the City with the information and data that is
necessary to assess the merits of the development, to properly plan for services in the City,
and to ensure that developments are consistent with the comprehensive plan, thoroughfare
plan and open space plan.
3. Concept Plan Content
a. General. All plans must include date, appropriate engineering scale, north arrow,
vicinity map, and the names, addresses and telephone numbers of both the property owner
and the individuals preparing the plans.
b. Site Features. The site analysis shall be prepared which describes existing natural
features such as contours at not less than 2 foot intervals, trees over 6" in caliper, drainage
ways„--and, other water features„ and physical improvements by including the following
items:
(1) A metes and bounds description of the overall tract.
(2) Conceptual representation of proposed use(s) and generalized
representation of proposed improvements.
(3) Identification of all areas to be dedicated to the City or to have public
easements, such as roadways, utilities, open space and drainage areas.
(4) General indication of how the proposed development will be able to achieve
the desirable requirements for applicable design standards required in this ordinance.
(5) Location of all proposed screening between the site and adjacent property.
(6) Indication of each phase of development if separate phases are proposed.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES Page 26 of 52
ci
i ' ai rI iI. ZONING ORDINANCE
(7) The location of collector roadways proposed in the development, right-of-
way widths, and the location of collector access points to abutting streets and highways.
4. Other Materials
Other material that may be submitted in support of the application:
a. Draft development agreement and any covenants, conditions, restrictions and
agreements which govern the construction, use, maintenance and operation of
roadways, parks, open space, drainage areas and facilities.
b. A preliminary geo-technical report that addresses soil, subsurface and slope conditions
that may affect development.
c. Traffic study showing the project's impact on roadway and intersection capacity.
d. A development schedule indicating the appropriate date on which construction is
expected to begin and the rate of anticipated development to completion. The
development schedule, if adopted and approved by the Commission, shall become part
of the development plan and shall be adhered to by the owner, developer, and his
successors in interest.
. Required Site Plan
1. Applicability
a. Site plans are required for all developments except single family lots. The subdivision
plat for single family development will be considered the site plan. Site plans shall be
accompanied by a proposed development schedule. No development may occur, or
building permit be approved on a site which does not conform to the approved site plan.
b. Site plans shall be approved by the Commission, and shall be considered part of the
development requirements for that site. A change to the site plan shall be considered a
change in zoning in a planned development district.
2. Purpose
The purpose of a site plan is to ensure that all provisions of the zoning ordinance of the
City are adhered to; that sensitive environmental issues such as slopes and vegetation are
accommodated; and that services and facilities necessary to support the proposed
development will be available on an appropriate time schedule.
3. General
a. No construction or development within a district that requires a site plan may
commence, and no building permit may be issued unless the Commission has approved
a site plan.
b. Where a concept plan has been approved as part of the zoning, all site plans must be in
conformity with that approved concept plan.
c. No public notification is notrequired for consideration of a site plan,, or amendment,
beyond posting as an agenda item for the Commission. "1h", y
to PD-s. be-notified
d. Site plans are required to demonstrate the manner in which the development will
achieve the desirable requirements for design standards required in this ordinance. The
review of the design standards required in this ordinance is subject to the following:
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES Page 27 of 52
ci
i ' ai rI iI. ZONING ORDINANCE
(1) The manner in which the plan achieves the desirables are at the discretion of the
developer.
(2) The Staff and Commission may suggest alternative ways to achieve the required
desirables, but may not deny a site plan solely on the basis of how the desirables
are achieved.
(3) The Staff and Commission shall determine that the required desirables have been
achieved with the site plan.
4. Site Plan Content
.& S rd, II'.� ,.' •.. m%.p.. ...",....„ h' .... .. ... •q .... ..m%. to....eNceed 21" 'G
w '', °....d.....-n °n- n•g wale of 1. RAY or........tafttens4 ed te-ptan s shall—be
pie ;� q.:,,rnce ;�a �1�.. . o�.ta�d�capc.n „ i-" t
1- �e--
n
�• "":'tl. •t ma'� �.�' �, .m�'....' bey,...... ... ....' art•. "....' ...... . ....".
th el op ent by t k didg,......tn—o e...... > op ," the
b. General Information Required
(1) North Arrow;
(2) Total site acreage;
(3) Submission date;
(4) Scale (written and graphic);
(5) Vicinity map;
(6) Names, addresses and telephone numbers of designer, engineer, developer and
owner;
(7) Accurate survey of the boundaries of the site with the location of proposed land
uses;
(8) Adjacent subdivision names and property lines; and
(9) Adjacent land uses and structures.
c. Structures
(1) Location, dimensions and use of all existing facilities and proposed building sites;
(2) Setback and separation distances between building sites;
(3) Proposed construction type and facade materials for all non-residential buildings
(the Commission may require elevations and perspective drawings);
(4) Proposed density of each use;
(5) Proposed location of screening along the collector roadways shown on the
thoroughfare plan.
d. Streets and Sidewalks
(1) Location and width of all rights-of-way and easements;
(2) Location and dimensions of all pavement and curbing;
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES Page 28 of 52
i ' ai ri iI. ZONING ORDINANCE
(3) Location and width of all sidewalks;
(4) Location and width of all ingress/egress points;
(5) Location and width of all medians and median breaks; and
(6) Location of any special traffic regulation facilities.
e. Off-Street Parking and Loading Areas
(1) Number, location and dimension of spaces;
(2) Type of surface material of parking facility;
(3) Dimension of aisles, driveways, maneuvering areas and curb return radii;
(4) Distance between spaces and adjacent rights-of-way;
(5) Location of all existing and proposed fire lanes and hydrants; and
(6) Proposed lighting plan.
f. Landscaping
(1) Location and size of major tree groupings and existing hardwood trees greater
than 6" caliper, noting whether they are to be removed or retained;
(2) Location and size of proposed plant materials, including paving;
(3) Number and type of each landscape element;
(4) Height and type of all fencing or buffering;
(5) Height of all planters, sculptures and decorative screens;
(6) Location and type of trash receptacle screening;
(7) Location and type of lighting for streets, signage and parking areas; and
(8) Location of visibility triangles where required.
g. Geo-technical
(1) Geo-technical report on soils, subsurface and drainage that demonstrates
conformity with the City's objectives;
(2) Direction of water flow;
(3) Quantity of on and off-site water generation;
(4) Topographic contours at a minimum of 5 foot intervals;
(5) Points of concentrated water discharge; and
(6) Areas where special design and construction may be necessary due to slope or
soil conditions.
h. Preliminary Service Plan
(1) A preliminary drainage plan of the area showing the size and location of each
existing and proposed drainage way and retention or detention area.
(2) The proposed method of providing water and sewer utilities.
i. Tabulation of Desirables Requirements for Design Review
(1) Each site plan submission shall present, in tabular form, the manner in which the
applicant feels that the site plan meets required desirables for Design Standards
specified in this ordinance.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
Page 29 of 52
ai wN ZONING ORDINANCE
(2) Tabulations shall cross reference drawings or details on drawings to facilitate
review.
(3) The cit Planner or his/her deli(Inee. h -to ' will review and certify that the
required desirables have been achieved.
5. Site Plan Review and Approval
a. Review of Site Plans
(1) Site plans shall be reviewed by the Commission. Based upon its review, the
Commission may approve, conditionally approve, q s " 4:1 , or deny
approval of the site plan based on evaluation of the site plan details with respect
to criteria in this subsection.
(2) In cases where site plan approval included provisions which must be approved by
the Council, Commission approval of the site plan shall be referred to the Council
for this action.
(3) Site plans that meet the required desirables for design review may not be denied
on the bases of how they were achieved. The Commission may explore with the
applicant the rationale for the manner in which the desirables were achieved and
may discuss alterations the applicant would be willing to make that would
improve the projects accomplishment of City goals and objectives.
b. A pp,r41. agyp. #'Hiliffirit ,a # aH# h.la HI Any: 1. uuipp# uuu .utp1 kau##au 9� ➢ ilh d
1 p a�. "i9,rt°1pau#-ua, Qa.1.“ ## QaV"u;'lVpu&tlp"urt°rt� a of /##:auul9;".�,
.� aN1�',�pu�',�u1 Qa V�',°aN.�Qa'1ru.� Qaa ? �',auVaN ..." Vlllaufi. � Y�,rt Vp
Pp t u ,� � �� �uu� r°�,1: r��� the site
��:..� � a�.. lcant '� ... �111 �Vull'a�p"� atl VA " p..� u VA "�""'�...� 1 V� V� atl �QS�
plan pl° t riru us1 bodppnyvol the Commission or Council rulluuru p a ulays aak
: ,puauuu � a„u u�:u � u py1 ��� u� u" �
Mum ty "ounce... can uu a
... �.." ... � a,n,' uuV, &u„pu, rupb Lua'1 MO,
t " . l•, "" ���# ,„;;�� � :;„,, ...t. "� r' nt..... � "n--�, . �.....dn
b ra w el u d Ng-taken Ity4 . [JH1].,he .
appe ,....a. , .n, .. "',. e ,,. a t on........ e
..r#lss1Q''f.
('w e - . Couateil-is(equired to app .
c. Review Criteria
Site plans may have additional stipulations placed on them by the Commission,....ettdef
° . In approving or denying a site plan under this Article, the following
criteria shall be considered:
(1) The extent to which the site plan fulfills the goals, objectives and standards in the
City's Comprehensive Plan, Thoroughfare Plan, and other City policies and
ordinances.
(2) The fact that the site plan achieves the desirables to satisfy design standards
required in this ordinance.
Page 30 of 52
i ' ai ri iI. ZONING ORDINANCE
(3) Safety of the motoring and pedestrian public using the facility and area
surrounding the site.
(4) Safety from fire hazards and measures of fire control.
(5) Protection from flooding and water damage.
(6) Noise and lighting glare effects on adjacent neighbors.
(7) Relations of signs to traffic control and their affect on adjacent properties.
(8) Adequacy of streets to accommodate the traffic generation of the proposed
development.
(9) Adequacy of off-street parking and loading facilities for the uses specified.
(10) Landscaping and screening provisions appropriately designed.
(11) Sitting structures and other improvements relative to required setbacks, height
limitations, and other density and dimensional requirements.
(12) The environmental impact of the proposed development on the natural resources
on site and on surrounding properties and neighborhoods.
(13) Such other measures as might secure and protect the public health, safety, morals
and general welfare.
d. Effect of Site Plan Approval
(1) If development of a lot with an approved site plan has not commenced within two
years (in accordance LGC 245.005) of the date of final approval of the site plan,
the site plan shall be deemed to have expired, and a review and re-approval of the
approved site plan by the Commission shall be required before a building permit
may be issued.
(2) Extensions of the approval of the site plan may be granted by the Commission for
a six month period, if:
(a) There has been no related change in the City's development requirements
since the last approval.
(b) There has been no change in the area surrounding the site since the last
approval. and,
(c) There is no change in the site plan as originally approved.
(3) There is no limit to the number of extensions a property owner may request.
(4) If any of the above conditions are not met, the site plan shall require review and
re-approval.
(5) The review and approval shall be undertaken under the same procedures as a new
submission and shall take into account all changes to applicable ordinances and
other conditions which have occurred subsequent to the prior approval of the site
plan.
E. Processing Amendments to Approved Applications
1. Amendments to all applications and approvals shall be processed in the same manner as
the original application. However, the applicant shall submit a summary of all elements
that are proposed to be changed along with the revised plans and application.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
Page 31 of 52
i ' ai r1 II ZONING ORDINANCE
2. Notwithstanding the above, theCit.. Planner•4) for may approve minor modifications in
an approved site plan or PD site plan administratively, provided that they do not:
a. Alter the basic relationship of proposed development to adjacent property;
b. Change the uses permitted;
c. Increase the maximum density, floor area, or height;
d. Decrease the amount of off-street parking, unless parking remains sufficient in number
and conforms to ordinance requirements;
e. Reduce the minimum yards or setbacks; or
f. Detrimentally change or alter the characteristics of the elevational drawings or site plan
as approved, but rather allow for some flexibility in minor modification to same.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
Page 32 of 52
.............................................................................................................................................................................................................................
t III li Ih li t )
.............................................................................................................................................................................................................................
Sub ivision
Regulations
•
February, 2003
Amended July 2007
City of Wylie, Texas Subdivision Ordinance)
Adopted 2-25-03,Amended 7-24-07
Page 33 of 52
II. PROCEDURES
Section 2.1: Pre-Application Procedures
2.1 The applicant should avail himself or herself of the advice and assistance of the City's
administrative officers, and should consult early and informally with those officers before
preparing a concept plan or any plat in order to save time and money, and to avoid potential
unnecessary delays.
Prior to formal application for approval of any concept plan or plat,the applicant shall request
and attend a mandatory pre-application conference with the City Planner _..... other
appropriate City official0.3 in order to become familiar with the City's development
regulations and the subdivision process.
At the pre-application conference, the applicant may be represented by his or her land
planner, engineer, or surveyor.
At, the pre application conference., the applicant, shall aesent a draft, concept..,.plan with as
much.....detail...._ :5..,possible..
Based on the information sresented. the Cat. Planner will srovide Pre.....1)evello meat letter
containina initial comments concernin J the merits of the ')ro')osed development and inform
the g.")")licant.of an additional rec uirements for 'sre")aration of the fon-nal zonin J a")")lication..
Section 2.2: Statutory Procedures
2.2 A. Zoning Requirements. A property within the City's corporate limits that is being
proposed for platting must be properly zoned by the City. followin J the srocedures of
Section 8 1 of the City of W lie Zonin 7 Ordinance. prior to submission of an application
for approval of any plat. In addition, the proposed development layout or subdivision
design shown on the proposed plat must be in conformance with all standards and
requirements prescribed in the City's Zoning Ordinance.
Noncompliance with the requirements of the zoning district in which the subject property
is located, or lack of the proper zoning, shall constitute grounds for denial of the plat. In
situations where the zoning on a particular piece of property cannot be ascertained by the
City, the burden of proof regarding the property's zoning shall rest with the property
owner. Proof of proper zoning shall consist of appropriate documentation, such as a copy
of the ordinance establishing the zoning, which shall be reviewed by City officials as to
its validity and authenticity.
Any plat submitted for approval by the City shall be in accordance with the City's Zoning
Ordinance, if the property is located within the City's corporate limits, and, if the
property is located within the City's corporate limits or extraterritorial jurisdiction, it
shall be in accordance with the City's Comprehensive Plan, including all adopted water,
sewer, storm drainage, future land use, park, recreation, open space and thoroughfare
plans. All plats shall be prepared by a licensed civil engineer or a registered land
surveyor.
City of Wylie, Texas Subdivision Ordinance6
Adopted 2-25-03,Amended 7-24-07
Page 38 of 52
B. Classification of Subdivisions and Additions. Before any land is filed for record with the
County Clerk,the property owner shall apply for and secure City Council approval of the
required subdivision plat, in accordance with the following procedures, unless otherwise
provided within this Ordinance.
City of Wylie, Texas Subdivision Ordinance?
Adopted 2-25-03,Amended 7-24-07
Page 39 of 52
1. Minor subdivisions may be approved for residential or nonresidential properties.
Minor plat approval by the City Planner requires the submission of a final plat
drawing and other submission materials required by Section 2.11 of this Ordinance.
Lots may be conveyed or sold only when the plat has been approved by the City and
the plat has been recorded with the appropriate County of Record.
2. Major subdivisions may be approved for residential or nonresidential properties. The
procedure for approval of a major subdivision typically involves three steps: a
concept plan, preliminary plat and final plat. Sections 2.3 through 2.6 of this
Ordinance provide the requirements for each. Major plat approval shall be in
accordance with Sections 2.4 through 2.6 of this Ordinance. All major subdivision
plats must be reviewed by the Commission and approved by the City Council,
pursuant to Sections 2.4 through 2.8 of this Ordinance. Upon completion of the
required public improvements, or upon submission and City approval of the
appropriate surety for public improvements,the property owner may file the final plat
in the land record of the appropriate County of Record. Lots may be sold only when
the final plat has been recorded at the appropriate County of Record. No conveyance
or sale of any portion or lot of the property may occur until after the final plat is
approved by the City Council and filed at the appropriate County of Record.
C. Submission Requirements For All Types of Plat Applications. In addition to the
requirements outlined herein for each type of development application, the City shall
maintain separate policies and procedures for the submission and processing of
applications including, but not limited to, application forms, checklists, language blocks
for plats, and other similar items. The forms and paperwork are available at the office of
the City Planner. These policies and procedures may be amended from time to time, and
it is the applicant's responsibility to be familiar with, and to comply with, the policies
and procedures.
D. Official Submission Date and Completeness of Application For All Types of Plats.
1. For the purpose of these regulations, the "official submission date" shall be the date
upon which a technically complete application for approval of any type of plat, that
contains all required elements mandated by the Texas Local Government Code,
Section 212:. and by this Ordinance, is submitted to the City Planner, after
which the statutory period required for approval or disapproval of the plat shall
commence to run. No application shall be deemed officially submitted until the City
Planner determines that the application is complete and the City issues a fee receipt.
p---t r .��rw Frww^wvro nw .�nF urvw Fry fi%}
Fa-�ldtlrE"......13 the (,6', f7 n„ �" '" ]r�tE�fln.....E. 1-�fpk. E"nf°y�i.... ,�
r �.:�E.... wing the d.a:tc .e..l: , ,,.` w tl+e
Ci ,uu n.� ; fli iti r�-�:y ag d.eeme= ,
e- lbl °n . Cr . .,��<„w .��,"y collowifa b a.� nbt.arol rece°j t,of tile
City of Wylie, Texas Subdivision Ordinance8
Adopted 2-25-03,Amended 7-24-07
Page 40 of 52
2. Plat applications which do not include all required information and materials, as
outlined below and per other City development review policies which may change
from time to time, will be considered incomplete, shall not be accepted for official
submission by the City, and shall not be scheduled on a Commission or Council
agenda until the proper information is provided to City officials.
E. Submission Procedures and City Review Process For All Types of Plats.
1. Submission Timing. A complete application for approval of any plat shall be
submitted to the City as required by the ( a„ty's official submittal calendar available
on the City website or in the Planning office.. dt letst s ee H -,:i.flendnr ddy-s burr
pa.o.....u. tl=a.rty.....(30-) calendar days, p4eft4tet the Cs n --sslefl. ,.....(=e-aneifl-u u
iff—WV1441 to be C(}Vls° I < , , 1c.ia*t....:`vvr° --li vritung .d=.Ye.....t 4" . O..)
P"I YI'"Y &`V�&`Y�4."n ��F F ra �If'r. <, f �e.r,< ..ti
{�-i�-y-rE"E�.:; "' }t....fHIl"clEt�E}Vl f7.:�'..SE`C t�E}Vl..... ---�,a�r rrrr�k rc-�ce-� s ;�� rt-�-��-f➢VE'Y�GI-hilt-(--AdE",:.
2. Submission Materials. The application shall include a written application form which
bears the signature(s)of the property owner(s) of the subject property, along with the
appropriate submission fee,paper and/or electronic copies as determined by the City
Flannel which shall be listed on the official submittal a )-Aication si
e-opies of full. size (21" x 3-6""} ....e._.i....E er . la.- ..: ` tthe......pre...
devedc>l;n; e..ptQe.tte.,.....a copy of any applicable development agreement pertaining to
the subject property (i tand any other applicable information and materials
deemed appropriate by the City.
The application shall be accompanied by a tax certificate showing that all taxes have
been paid on the subject property, and that no delinquent taxes exist against the
property, in accordance with Section 1.10. Documentation shall also be included that
shows no delinquent assessments, fees, or other debts or obligations to the City and
which are directly attributable to the subject property.
The application shall also be accompanied by an engineer's summary report which
describes, in as much detail as necessary, the following: the overall nature and scope
of the proposed development, including zoning of the property, proposed use(s) and
acreage of each proposed use, minimum lot sizes, widths and depths, number of lots
to be created, and special amenities or facilities that will be included in the
development; how the property will be served with required utilities and services;
how storm water drainage will be handled; and an itemization and description of any
variance or waiver from provisions of this Ordinance that will be sought. If the
proposed development will have access points onto a major thoroughfare, the
application shall also include a letter from the appropriate entity, such as TxDOT or
Appropriate County of Record, acknowledging and approving proposed driveway
locations and corresponding median openings and left turn lanes, if applicable.
Letters shall also be provided from each of the applicable utility service providers,
including water, wastewater, gas, electricity, telephone, cable TV and solid waste,
verifying their ability to provide an adequate level of service for the
City of Wylie, Texas Subdivision Ordinance9
Adopted 2-25-03,Amended 7-24-07
Page 41 of 52
proposed eve opment. A. letter.:..t.: 4 1sftw1e s
➢ �Ew
t..1 ➢ 1 a;r aua t r a.Q... r .. ,"11°..➢ 1e# t➢"}itt...:: t'g H.„ 'the prop(
l ids+mint., and-=t➢=a exi a y k1d�t...A.. < 1 1.......a 4t-Y•ttife.
nvw turry n-- Flu 4`A F °
st➢t l--sift wit➢:+f1 rtf-y-poffie1 e- t➢ e s ect property:-
All plat drawings and other corresponding plans and drawings, including engineering
plans and landscape and screening plans, shall be sized...._at;,,,, t:9� +tt
24" by 36 in-si-ze, and shall be drawn to a known engineering scale of not smaller
than one hundred feet to the inch (1"=100') or a larger scale. In cases of large
developments which would exceed the dimensions of the sheet at one hundred foot
(100') scale, plats may be on multiple sheets or to another known engineering scale,
as approved by the City., r ....in a.:fE}ritiat4➢=4-E+t ilk ;eptabte for eventiiiOE 1-41-g-at
+t:e-c.0-1:1 pt.:t,......E : etc➢..
3. City Staff Review. Upon official submission of a technically complete application
for plat approval, the City shall commence technical review of the development
proposal by forwarding a copy of the application and plat to the Development Issues
Review Team members which include, but shall not be limited to, the City Planner,
City Engineer, City Manager, Public Works Director, Fire Chief/Marshall, Police
Chief, Parks Director. Development Issues Review Team members shall review the
plat and shall ascertain its compliance with these and other applicable City
regulations. Following City staff review of the plat and supporting documents, and
following discussions with the applicant on any revisions deemed advisable and the
kind and extent of improvements to be installed, the applicant shall resubmit.ftftc 1
445.. " " paper and/or electronic copies of files.as deter-. i.n.ed. b the Cit. Planner.
of the corrected plat to the City Planner no later than seven (7) calendar days prior to
the Commission or Council meeting. ilitre n 1 t c copies (-}f-t.-e—pl t
:Ibri tE ° 4 ° '°< - .;. :.....e thhotd sa.l:bn ssia
. �.� o-�, ,is. °
4e .pdcl{-tE� ---�- u�11r1E`�.flE}V1 ...: .11" ed�tl�i ''tt-E}V1 d:.: Er�"�rrcnin-ulySEC7G1 A.:.........{-➢-Y-e
diFt....to-=t➢e . kt ...th sty II" i'mer" det-e-H• neS 111111-t, ,. , 11 ii+1H}#--i-s.......s. d.
it . E is 41<rt E rreE +d °ern-shall be....s-t+hq-ect, to denial by-t-he
After the-plat-hi +a....sc9 r,"t u t
,- ��p=�--�+� �� r ° 'Me applicant
may request, in writing, a waiver of the thirty(30)day approval requirement specified
in Section 212.009 of the Texas Local Government Code, in order to allow more time
to correct deficiencies, address concerns, or otherwise improve the plat pursuant to
the City's regulations. After receipt of the request,the City(,c>.g.....c may delay action
on the final plat beyond thirty (30) calendar days following the official submission
date.
4. Action by the Planning and Zoning Commission and City Council. The Planning and
Zoning Commission shall review all subdivision plat applications, and if in
conformance with the provisions of this Ordinance and with all other applicable
regulations of the City, they shall be approved by the City Council.
City of Wylie, Texas Subdivision Ordinancel0
Adopted 2-25-03,Amended 7-24-07
Page 42 of 52
The Commission shall review each plat application and shall recommend approval,
recommend conditional vprovad., t a-ova subject to certain cond+N- a+s, or
Ile, pnlanlae,vad denial of the plat within thirty (30) calendar days of the official
submission date. The C&amei1-s-14a1.14ake action on tg t➢Ai A n�rr^rA
drA of tFo-e-( A fission's action AfEi ati-eti-47e nH1 err—A1iodifi tt-i-ens to, th-e
Gomm ....s......Feeef r aE➢kl•tie a ve^ p➢a(4=A4➢ req A re a simple ..A. Ait.y
ve>te of the.....Ge i➢ members prese+a.t:.
If the Commission recommends disapproval of a plat application, the Commission
shall state such disapproval and cite the specific a;,.plica1 _Qe,...sec;tg,onsof theOrdinance
or ( C71➢�.....a� & e tl ,-r�<�` . _ ➢" r A -tit or prop caner may
sit €cAsion to t9-e-City C;oA;A�acA ing-aN*)tice of A-p he office...
a.....:€.i.y Elays-affe t e d' E€ —wh e..h the CO HT1.i.�.y
ale, . , .. .. icatl-Es BA iotlee-of Appeal-s-hall.....set fo t➢+-i-n dear and-eettei-se
cas➢=i4)11--14e..:basis fo he 'the appeal at a pubic
A. t rag......no later thaw . . (30.) ec day-s--a4teaw E ➢ ie➢A...he.....:
f Ap eat c ci �e .fte City . ouncil shall u rov ,,Ap")rove with conditions. or
de )lat applications. as apvlicable., within thirty (30) calendar days of the
Commission's m ission's recommendation AffinbI..1on of, minor modi Acations t(7 of n l:ati..c
of., the Commission's recommendation of the p..at shall require a simple majority..._vote
;
of the Council members present If the Council denies a r)lat application, the Council
shall state;such„disapproval and cite„the specific applicable sections of the Ordinance
or Code Should the a,"s"slicant revise the "slat addressing the specific reasons Ji n
lb Council. the Council shall have fifteen 15 da s to act on the revision or the "slat.
is deemed a"s"sroved: r r �� i „„s+en e4 r��� ..
��ra-r�"z�1�ra-"n-e"a�=-c�a"n-ea�a-�y�=i�-sir�--w� ssa-`r`rVl sr�-s`--�r�in-uA�ySAf7n by F,-ete
r( date., rem( .....: t +e94-e F o ai E i i e➢i-e-ves
r wnF u.�Ab ��4e�ywn �u� r,rrve i`e nve .a, ,t.
{1=Aia{-t➢�AC"1"e is is ef➢-kI -1-�1-j�a-E4�yf➢l#-tf}f➢f�-�yf➢, such as Fra"�arw�-a- rv-z-arv--,� - aa
F. Simultaneous Submission of Plats. In the event that an applicant submits preliminary
and final plat applications simultaneously, as provided in Section 2.4(c),the City Planner
shall schedule both plat applications for action by the Commission within thirty (30)
calendar days of the official submission date, unless the applicant has executed a written
waiver of the 30-day review period for one or both plats. If the preliminary plat has not
received approval prior to consideration of the final plat by the Commission, then the
Commission shall deny the final plat if not withdrawn by the applicant. The City Council
shall take action on either one or both plat applications, as applicable, within thirty (30)
calendar days of the Commission's action. Affirmation of, or minor modifications to, or
t e.nela Lion of.,the Commission's recommendation o to approLe the plat(s) shall require
a simple majority vote of the Council members present.
G. Proof of Land Ownership. The City requires proof of land ownership prior to approval
of any development application involving real property. Along with the application
submission,the applicant shall provide written verification, such as a notarized statement
or a power of attorney or other evidence satisfactory to the City Planner, that he or she is
the owner of record of the subject land parcel or parcels, or is the property owner's
City of Wylie, Texas Subdivision Ordinancel l
Adopted 2-25-03,Amended 7-24-07
Page 43 of 52
authorized agent. The City Planner shall have the authority to determine what
document(s) the City will require to prove ownership, such as one of the following:
1. General warranty deed;
2. Special warranty deed;
City of Wylie, Texas Subdivision Ordinancel2
Adopted 2-25-03,Amended 7-24-07
Page 44 of 52
3. Title policy; or
4. Some other documentation that is acceptable to the City Planner.
If ownership cannot be conclusively established prior to the meeting date on which the
development application will be heard, the City shall have the authority to deny the
application on the basis of protecting the public interest. The applicant may resubmit a
new development application, including the submission fees, for the property at any time
following such denial.
H. Lapse of Plat Approval. The approval of any concept plan or preliminary plat as required
by the Ordinance, shall be effective for a period of one hundred and eighty-three (183)
calendar days beyond the date that the plat was approved by the Commission or Council,
except as otherwise provided herein. By 12:01 a.m. on the 184th day following Council
approval of the plat, the applicant must have submitted an application for the next
consecutive step in the platting process. If this is not accomplished, then the approved
plat shall be deemed to have expired and shall become null and void.
The approval of a final plat and the City Engineer's approval of engineering plans for
proposed public improvements shall be effective for a period of one hundred and eighty-
three (183) days beyond the date that the plat was approved by the Commission and
Council. If the required fees are not paid and the applicable site construction not
commenced within this time period, the final plat shall expire and become null and void,
unless such time period is extended or reinstated by the City Planner.
Following the acceptance of all improvements, the final plat shall be filed at the
appropriate County of Record at the applicant's earliest convenience. A filed final plat
is valid in perpetuity, unless vacated or amended. Failure to file a final plat with the
County in a timely manner may be subject for withholding of connection of City utilities.
I. Extension and Reinstatement Procedure. Prior to the lapse of approval for a plat, the
property owner may petition the City to extend the plat approval. Such petition shall be
considered by the City Council, and an extension may be granted by Council for a
specific period of time. If no petition for extension of plat approval is submitted by the
property owner prior to the expiration date, then the plat shall be deemed to have expired
and shall become null and void. The property owner must thereafter submit a new plat
application for approval, and shall conform to the subdivision regulations then in effect.
The City Council may extend the approval subject to additional conditions based upon
newly enacted City regulations or State legislation, or such as are necessary to ensure
compliance with the original conditions of approval and to protect the public health,
safety and welfare. The Council may also specify a shorter time for extension of the plat
than the original 183-day approval period.
City of Wylie, Texas Subdivision Ordinancel3
Adopted 2-25-03,Amended 7-24-07
Page 45 of 52
J. Lapse of Approval of Engineering Plans. The approved engineering plans shall be valid
for a period of one hundred eighty-three (183) calendar days following approval by the
City Engineer. The City Council may, upon written request by the applicant, grant an
extension of up to an additional 183 calendar days, after which the engineering plans
shall be subject to re-approval by the City Engineer if no construction has occurred.
Section 2.3: Ge ' fevaIR ES RV ED
3 A Applicability„ A coffeept.... a ....S it-etn s €c: ...... i. ... aey
is 1.eEfk:.tl..if eet &n 9::.:.➢ t }vativag r ➢finance. S•u i ° n r ....r a4—E$-a
concept plan iy..:the fr t-5 a.....: rE r y..,....for a re..;identittl➢ or n s deHtir+�
d.e:.ro�➢ . t,.....isrepee: iPIfe—applicawt..:be....ffts...: i . e>f a concept,plan in.....tl at.
1s1'y aunrn ua v v caaaxu aa.....y, as-w.e➢➢ z1: -eeh e n-niput and suggestions,, €)f
tltl .E7 use" '.}t.... i F a.`° e , ilerrt n E,eg.�a ➢...➢...tea '� sec �y'
` 11c , 0 +e i s in theft $ wed.11et r,, R °tl
ksr--urw.; rnrya-�""-aaay�-slclr 1'-�.
pfoieCt efH4y ifi the de a " E. °
Dilit�E�� r _1........services.....ea _ s•evided, which is part.icu➢u4y f-lflrge scale
d.ey-el .ttii•••..r ;1......iiii:b.d..i..: 4
E'flk:tlrE",g—aavx aauninuiSSiOff Hs for CC7Hlce,i Taff. E➢Vey➢.. r ➢ s `s
fair Gi4y ae. ° -..dtlpprove l 74 a cc} pit &Rh in Seet.iE}fa.....r`; -of the
Jrdi-i. dd4:ff-offa➢.......i-wfortl. ..i. .
C45 pt 4, of ° 1 n; -ge s:rim.d.i.e& 4raffic studies and other per• rent
te9: c.....➢......d.r+41-
ise, The pu;n"pe.ie of a concept plan, as--h=t—pf`rtailf➢.i ()rdini ,
F1 ntl<,w.w, ....
��+�, ' ,.nan •13s4"Ef—to pre vtic;w-......lsrolsE��
➢➢e tcy.r...y +c x u tl,u.,.e p-attern. c1pa d et /tlr-E e"n-t.r+l
is.iue.i and cE}n& ra con-feFH an.€e....{-o-the Con} :r,`l=tle 4aa .a a-a-fill"e. -II4a+
l-tloro ithfar.e..gD➢_nw D S B a:*ef 4 Etice Plan,wa its e ......e aster p➢..�.�s-and c
I-11-�1-rts., the f( .V1E E"; clV1 = e '�s ri vs u siai�.1{}i#S1tl1g E e �" ° " 0r n v nrn�i}tl7-1�::. � 1�� ' p s+�uYsn�-z�rn-zsa-a-a
or proper:6e'. .. ° fleet); : °r.i.......e:,.. ..fig the po&s..i.:b.l..e
pa s. c7f t i e w tl A rnei i1 E"rtlt7 ' i-k..vision of es-set-44r' �d;tll}li a 1lfitle
l � � �Il "" �,--of--p I
° ° . - F<n vwF vw<sF '
,. , .,. ,. � g s-11-�t�r����-�� �G1a-i=es lines a..v1rE}n1a'
p-rE. E% -a-:r Eft-kiil.i{i-Cs-iiVlfl protecting the geGleY'i11.➢=iE4t-lt9,,
City of Wylie, Texas Subdivision Ordinancel4
Adopted 2-25-03,Amended 7-24-07
Page 46 of 52
D ➢;� a :.......�,A ��,c� °9 +t b }a 4 1 -hided ::in a ( .....:(::. PQ nw, tAr�.nr.
��a-,tea-a tlo-e—eycra➢➢
d.e:. ➢. 'o be de‘eloped in phasos4Ieeencept 41E41=
r � �ti„r he phases ....r " .......nn a pFe*i�rm ate
eua'ta-" E' ' frE➢��"rr—v�-a-aa-�-x
dery ➢ . tt:......se aedau.le Where sug-ra.i.: u ant—watttral—E. =-ratan:-A ture., such ......as
thau o es or CI' ate ,„ ,:�te8 sh-.)n......of-The et owl a
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Section 2.4: Procedures and Submission Requirements
for Preliminary Plat Approval
2.4 A. Following approval of zoning and the concept plan, of re uuiredand in accordance ;with
procedures outlined in Section 8 1 of the Ionun Ordinance. the applicant shall have
prepared a preliminary plat together with engineering plans for the construction of the
subdivision and all associated public improvements and other supplementary materials,
as required by this Ordinance or by the City.
B. The preliminary plat shall constitute only that portion of the approved concept plan which
the applicant proposes to construct and record initially, however, that such portion
conforms to all the requirements of this Ordinance and with any other applicable
regulations and codes of the City.
C. The applicant may choose to submit a final plat for review concurrently with the
preliminary plat. In such case, the City may schedule concurrent review of both plats,
provided that all required information and other items are submitted for both plats,
including full engineering plans and the appropriate assurances for the completion of all
improvements, as per Section 6, and provided that adequate review can be achieved by
the City and Commission.
D. Approval of a preliminary plat by the City Council shall be deemed general approval of
the street and lot layout shown on the preliminary plat (approval for construction of the
necessary streets, water lines, sewer lines, and other required improvements and utilities
shall be authorized only through the City Engineer's approval of the engineering plans),
and to the preparation of the final plat.
City of Wylie, Texas Subdivision Ordinancel5
Adopted 2-25-03,Amended 7-24-07
Page 47 of 52
Except as provided for herein, approval of the preliminary plat shall constitute
conditional approval of the final plat when all conditions of approval and when all
procedural requirements set forth in this Ordinance have been met.
E. Standards for Approval. No preliminary plat shall be recommended for approval by the
Commission or approved by the City Council unless the following standards have been
met:
1. The plat substantially conforms with the approved concept plan, or other studies and
plans approved by the City, as applicable;
2. The layouts and engineering plans for required public improvements and City utilities
have been submitted by the applicant for approval by the City Engineer (whether
specifically stated or not, preliminary plat approval shall always be subject to any
additions or alterations to the engineering plans as deemed necessary by the Engineer,
as needed, to ensure the safe, efficient and proper construction of public
improvements within the subdivision); and
3. The plat conforms to applicable zoning and other regulations.
F. The applicant shall also provide copies of letters from applicable local utility companies
stating that each utility company has reviewed the preliminary plat and stating any
requirements, including easements, they may have. This requirement may be deferred
until the final plat by the City Engineer.
G. Information Required Upon or With Preliminary Plat. The proposed preliminary plat
and associated engineering plans shall show the following information (some required
physical and engineering data may be included in the other plans or as separate
documents as appropriate):
1. A vicinity, or location, map that shows the location of the proposed preliminary plat
within the City (or within its ETJ) and in relationship to existing roadways;
2. Boundary lines, abstract or survey lines, corporate or other jurisdictional boundaries,
existing or proposed highways and streets (including right-of-way widths), bearings
and distances related to State Plane Coordinates and sufficient to locate the exact area
proposed for the subdivision, and all survey monuments (identified and labeled; see
Section 5.2 for specifications); the length and bearing of all straight lines, radii, arc
lengths, tangent lengths and central angles of all curves shall be indicated along the
lines of each lot (curve and line data may be placed in a table format); accurate
reference ties via courses and distances to at least one recognized abstract or survey
corner or existing subdivision corner shall be shown;
City of Wylie, Texas Subdivision Ordinancel6
Adopted 2-25-03,Amended 7-24-07
Page 48 of 52
3. The name, location and recording information of all adjacent subdivisions (or
property owners of adjacent unplatted property), including those located on the other
sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines
adjacent to the tract proposed for subdivision in sufficient detail to show accurately
the existing streets, alleys, building setbacks, lot and block numbering, easements,
and other features that may influence the layout of development of the proposed
subdivision; adjacent unplatted land shall show property lines, the names of owners
of record, and the recording information;
4. The location, widths and names of all streets, alleys and easements (it shall be the
applicant's responsibility to coordinate with appropriate utility entities for placement
of necessary utility easements and for location of all streets and median openings on
highways or arterial roadways), existing or proposed, within the subdivision limits
and adjacent to the subdivision; a list of proposed street names shall be submitted (in
the form of a letter or memo along with the application form)for all new street names
(street name approval is required at the time the preliminary plat is approved);
5. The location of all existing property lines, existing lot and block numbers and date
recorded, easements of record(with recording information),buildings,existing sewer
or water mains, gas mains or other underground structures, or other existing features
within the area proposed for subdivision;
6. Proposed arrangement and square footage of lots (including lot and block numbers)
and proposed use of same; for nonresidential uses, the location and size of buildings
(this information may be provided on a separate sheet, such as on a voluntary concept
plan or preliminary site plan; see the Zoning Ordinance);
7. A title block within the lower right hand corner of the plat (and engineering plans)
which shows the title or name under which the proposed subdivision is to be recorded,
the name and address of the property owner and the name of the land planner,licensed
engineer or registered public surveyor who prepared the plat or plans, the date the
plat was prepared, and the location of the property according to the abstract or survey
records of appropriate County of Record, Texas; the subdivision name shall not
duplicate (or phonetically replicate) the name of any other platted subdivision in
Wylie or its ETJ, but phasing identification is allowed (it is the property owner's
responsibility to check the plat records of appropriate County of Record to ensure
that the proposed subdivision name will not duplicate or sound too much like a
subdivision name already in existence -- the City may, at its discretion, require a
different subdivision name if there is potential for confusion by public safety officials
or the general public);
8. Sites, if any,to be reserved or dedicated for parks, schools,playgrounds, other public
uses or for private facilities or amenities;
9. Scale, date,north arrow oriented to the top or left side of the sheet, and other pertinent
informational data;
City of Wylie, Texas Subdivision Ordinancel 7
Adopted 2-25-03,Amended 7-24-07
Page 49 of 52
10. Contours with intervals of two feet (2') or less shown for the area, with all elevations
on the contour map referenced to sea level datum;
11. Areas contributing drainage to the proposed subdivision shall be shown in the
engineering plans; locations proposed for drainage discharge from the site shall be
shown by directional arrows;
12. All physical features of the property to be subdivided, including the location and size
of all water courses, 100-year flood plain according to Federal Emergency
Management Agency (FEMA) information, Corps of Engineers flowage easement
requirements, ravines, bridges, culverts, existing structures, drainage area in acres or
area draining into subdivisions, the outline of major wooded areas or the location of
major trees, six (6) inches and larger when measured 4 1/2 feet above ground level,
and other features pertinent to subdivision;
13. Prelimip..a l engineering plans of water and sewer lines and other infrastructure
(including sizes) to be constructed in the subdivision; the proposed connections to
distribution mains shall be indicated;
14. Proposed phasing of the development; where a subdivision is proposed to occur in
phases, the applicant, in conjunction with submission of the preliminary plat, shall
provide a schedule of development; the dedication of rights-of-way for streets and
street improvements, whether on-site or off-site, intended to serve each proposed
phase of the subdivision; the City Council shall determine whether the proposed
streets and street improvements are adequate pursuant to standards herein established,
and may require that a traffic impact analysis be submitted for the entire project or
for such phases as the City Council determines to be necessary to adjudge whether
the subdivision will be served by adequate streets and thoroughfares;
15. All preliminary plats shall be submitted in a legible format that complies with
appropriate County of Record requirements for the filing of plats, and shall be
drawn on a good grade blue line or black line paper;
16. Proposed or existing zoning of the subject property and all adjacent properties, as
well as a tabulation of site development information and the intended manner of
compliance with the Design Standards of the Zoning Ordinance including the
required points for optional standards.
17. Minimum finished floor elevations of building foundations shall be shown for lots
adjacent to a flood plain or within an area that may be susceptible to flooding;
H. Engineering Plans. Along with the preliminary plat application, the applicant shall
submit E s....r+f--th-e complete prehminarvengineering plans for streets, alleys,
storm sewers and drainage structures,water and sanitary sewer facilities, screening and
retaining walls,landscaping and irrigation,and any other required public improvements
for the area covered by the preliminary plat.
City of Wylie, Texas Subdivision Ordinancel 8
Adopted 2-25-03,Amended 7-24-07
Page 50 of 52
The engineering plans shall also contain any plans deemed necessary to show or
document compliance with the City's ordinances pertaining to nonpoint source
pollution control, on-site sewage facility rules, and any other applicable codes and
ordinances of the City that are related to development of a land parcel. Cost estimates
shall also be submitted with the engineering plans. For the purposes of this Ordinance,
complete sets of engineering plans shall include the following plans or sheets (generally
in this order), as well as any additional plans or sheets deemed necessary and requested
by the City Engineer:
-- Cover or title sheet
-- Preliminary plat
-- Final site plan (for nonresidential and multi-family projects only - see the Zoning
Ordinance for specific requirements and approval procedures)
-- Existing conditions plan, which shows existing topography, vegetation, tree
inventory, existing natural and man-made physical features, etc.
-- Existing tree survey and Tree Management Plan
-- Grading, erosion control, and water quality control plans
-- Paving and storm drainage plans
-- Utility plans for water, sanitary sewer, etc.
-- Traffic control plans (if necessary)
-- Screening and retaining wall plans
-- Landscaping and irrigation plans
The applicant shall have these plans prepared by their own professional engineer(s),
subject to approval of the plans by the City Engineer. The City Engineer shall review,
or cause to be reviewed, the plans and specifications and if approved, shall mark them
"Approved" and shall return one set to the applicant. If not approved, one set shall be
marked with the objections noted and returned to the applicant for correction,
whereupon the applicant's engineer shall correct the plans as requested and shall
resubmit them back to the City Engineer for re-review.
Engineering plans shall be prepared by or under the direct supervision of a professional
engineer licensed in the State of Texas, as required by State law governing such
professions and in accordance with this Ordinance and the City's Design Manuals and
Standard Construction Details. All engineering plans submitted for City review shall
be dated and shall bear the responsible engineer's registration number, his or her
designation of "professional engineer" or "P.E.", and the engineer's seal. The City
Engineer shall approve engineering plans when such plans meet all of the requirements
of this Ordinance and the Design Manuals and Standard Construction Details.
City of Wylie, Texas Subdivision Ordinancel9
Adopted 2-25-03,Amended 7-24-07
Page 51 of 52
Engineering plans shall be in conformance with the Design Manuals and Standard
Construction Details and with the requirements set forth herein. Engineering plans
showing paving and design details of streets, alleys, culverts, bridges, storm sewers,
water mains, sanitary sewers, sidewalks, screening and retaining walls, landscape and
irrigation plans (if appropriate), and other engineering details of the proposed
subdivision at a scale of one inch equals 40 or 50 feet(1" =40' or 50') horizontally and
one inch equals 4, 5, or 10 feet (1" = 4', 5' or 10') vertically shall be submitted to the
City Engineer(or designee)along with a copy of the preliminary plat of the subdivision.
The number of copies as specified by the City shall be submitted along with the
preliminary plat submittal.
As part of the engineering plans, a drainage plan showing how the drainage of each lot
relates to the overall drainage plan for the plat under consideration shall be submitted.
The drainage plan shall be made available to each builder within the proposed
subdivision and all builders shall comply with the drainage plan.
I. Revisions to Approved Preliminary Plat. It is generally recognized that minor revisions
to the preliminary plat will probably be needed before the final plat can be filed at the
County of Record. Such minor revisions as slight enlargement or shifting of easements
or lot lines, addition of private or franchise utility easements, correction of bearings or
distances, correction of minor labeling errors, addition of erroneously omitted
informational items and labels, etc. may occur on the final plat without having to re-
approve the preliminary plat. Major revisions, such as obvious reconfiguration of lot
lines or easements, relocation of driveways or access easements or fire lanes, any
modification to the perimeter or boundary of the property, and relocation or addition or
deletion of any public improvement (including corresponding easement), shall
necessitate re-submission and re-approval of the plat as a "revised preliminary plat".
The procedures for such re-approval shall be the same as for a preliminary plat, and
such re-approval may constitute a new project thus necessitating submission of a new
application form, payment of new fees, and other requirements.
City of Wylie, Texas Subdivision Ordinance20
Adopted 2-25-03,Amended 7-24-07
Page 52 of 52
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